HomeMy WebLinkAboutMinutes 011403 Approved February 11,2003
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CITY COUNCIL
MINUTES
TUESDAY, January 14, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:00 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
Mayor Pro Tem Luna announced that because of his strong feelings regarding
the General Plan he would not participate in the Environmental Center of SLO v.
City of Atascadero discussion.
Council Member O'Malley stated that he owns property within 500 feet of the
bowling alley property and would therefore be stepping down from consideration
of Creekside Associates v. City of Atascadero.
Mayor Clay announced that the order of the Closed Session Items would be
reversed.
2. Call to Order
a) Conference with legal counsel - Existing litigation (Govt. Code
Sec. 54956.9 (a))
1. Environmental Center of SLO v. City of Atascadero
2. Creekside Associates v. City of Atascadero
3. Bergdorff v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
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City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION:
Mayor Clay called the meeting to order at 7:03 p.m. and Council Member O'Malley led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Scalise, O'Malley, Pacas, Luna and Mayor Clay
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Joseph
Modica.
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Community Development Director Warren Frace, Public
Works Director Steve Kahn, Information Technology Director
Andrew Fruin, Deputy Community Services Director Geoff English,
Redevelopment Specialist John Jansons, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley.
INTRODUCTIONS:
City Manager Wade McKinney presented Fire Captain Tom Way with his 15-year
service pin.
Police Chief Dennis Hegwood introduced to the Council new Police Officer Thomas
Gandy.
Fire Chief Kurt Stone introduced Scott Hallett, who was recently promoted to Fire
Captain.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
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COMMUNITY FORUM:
Joan O'Keefe, 9985 Old Morro Road East, expressed a complaint concerning
Castlerock Development's treatment of City staff. Also, she made a complaint about the
way the Planning Commission conducted itself during their last meeting. She submitted
her comments in writing. (Exhibit A)
Richard Moen, Portola Road, suggested the Council consider having ordinances
prohibiting solicitation, controlling noise, and improving traffic.
Mayor Clay closed the Community Forum period.
Mayor Clay. asked the City Attorney to address Brown Act violations. Mr. Hanley
responded that he is prepared to make a presentation to a Joint Meeting of the City
Council and Commissions concerning the Brown Act.
Mayor Pro Tem Luna asked the City Attorney to review the proposed ordinances
mentioned by Mr. Moen. Mr. Hanley explained the City does not have a panhandling
ordinance, and the City cannot just forbid it as it would infringe on individuals free
speech, but there are ways to deal with aggressive panhandling. There is an ordinance
that prohibits vehicles from being used as residences and it has been consistently
enforced in the past. Regarding dirt bikes, there are inconsistencies in the City Code
regarding noise regulations, and it is hoped that this issue can be discussed at the
strategic planning session.
Mayor Clay requested Public Works Director Steve Kahn give a report on the overpass
study. Mr. Kahn stated that the one interchange that will be under construction in the
future would be 101/41; however there are problems at many interchanges and a study
is underway along the entire EI Camino Real/101 corridor.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Luna read Section 24.18 Relations to Council and the City Manager.
Council Member Pacas announced that she, Council Member O'Malley, Mayor Clay and
City Manager Wade McKinney went to Sacramento to attend a League conference,
which she found to be informative, and she was able to attend the State of the State
Address.
Mayor Clay announced his appointments of Council Members to various committees.
(Exhibit B)
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A. CONSENT CALENDAR:
1. City Council Minutes -December 10, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of
December 10, 2002. [City Clerk]
2. City Treasurer's Report - October 2002
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for
October 2002. [City Treasurer]
3. City Treasurer's Report - November 2002
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for
November 2002. [City Treasurer]
4. November Disbursements - November 20 02 Accounts Payable & Payroll
■ Fiscal impact: $1,703,693.31.
■ Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for November 2002. [Administrative Services]
5. Zone Change 2002-0029 - 2000 Ferrocarril Road (Kelly Gearhart / Wilson
Land Surveys)
■ Fiscal impact: The project would likely have a slight negative impact on City revenues.
As a general rule, single-family dwellings require services that exceed the revenue
generated by the dwelling.
■ Staff recommendation: City Council introduce for second reading by title only, and
adopt Ordinance No.408, enacting Zone Change 2002-0029, changing the zoning
district of the subject site from RS - P t o RS/PD-16. [Community Development]
6. Request to Serve Alcoholic Beverages in the Rotunda Room - -Atascadero
Main Street
■ Fiscal impact: None. Main Street will cover all security costs related to this event.
• Staff recommendation: Council approve a request by the Atascadero Main Street
Association to serve alcoholic beverages in the Rotunda Room of the City
Administration building on January 30, 2003. [Community Services]
7. Final Parcel Map 2002-0040 ATAL 01-476 [LLA 2001-00341 - 7955 San
Andres Ave (Burbach)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Parcel Map 2002-0040 (ATAL 01-476)
2. Accept offer of dedication for Public Sewer Easement.
3. Reject offer of dedication for Public Drainage Easement without prejudice to
future acceptance. [Public Works]
8. Consultant Services Agreement - Public Works Inspection
■ Fiscal impact: None.
■ Staff recommendation: Council approve the Consultant Services Agreement with Ann
Hall for Public Works Inspection. [Public Works]
Council Member Pacas pulled Item #A-1 , Mayor Pro Tem Luna pulled Item #A-5.
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley
to approve Items #A-2, 3, 4, 6, 7 and 8.
Motion passed 5.0 by a roll-call vote. (item #A-8 Contract No. 2003-
001)
Item #A-1: Council Member Pacas asked Mayor Pro Tem Luna to review his
comments on page 9 of the Minutes and clarify his statement. She stated that she
remembered him saying that he wished ANTA would take up this entrepreneurial spirit
in seeking open space for the City. City Clerk Torgerson stated that she would listen to
the tape and put down what Mayor Pro Tem Luna had said.
MOTION: By Council Member Pacas and seconded by Council Member
O'Malley to approve the Minutes with the correction to be
made by the City Clerk.
Motion passed 5.0 by a voice vote.
Item #A-5: Mayor Pro Tem Luna indicated that the Minutes of December 10, 2002 did
not give the reason why he voted no on this item and he wanted to clarify this. Mayor
Pro Tem Luna stated that at this time there is no water on that property and whether it is
to be annexed to the Atascadero Mutual Water Company service area or have wells,
there needs to be proof that these two options are feasible before the project is
considered by either the Planning Commission or the City Council.
Community Development Director Frace stated that this project was conditioned with
two options: 1) Annexation to the Atascadero Mutual Water Company service area, and
the applicant is working with the Water Company on the technical studies to facilitate
the annexation, and 2) the lots could be served by individual wells and there is a
process by which the City Engineer must approve each well on a lot-by-lot basis to
insure that the quantity and quality of the water would meet City standards.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve Ordinance No. 408.
Motion passed 3.2 by a roil-call vote.
(Pacas and Luna opposed)
B. PUBLIC HEARINGS:
1. Zone Change 2002-0037 Code Text Amendment of Planned Development
#11 - (3F Meadows Fire Prote ction Standards) (Castlerock Development)
■ Fiscal impact: None.
■ Planning Commission recommendation: City Council introduce for first reading, by title
only, draft Ordinance amending the fire protection standards of Planned Development
#11. [Community Development]
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Community Development Director Warren Frace gave the staff report. Fire Chief Kurt
Stone and Mr. Frace answered questions of Council.
PUBLIC COMMENT— None
MOTION: By Council Member Scalise and seconded by Mayor Clay to
introduce for first reading by title only, the draft Ordinance
amending the fire protection standards of Planned
Development #11.
Motion passed 5.0 by a roll-call vote.
Mayor Clay announced that J.D. Main missed the Community Forum portion of the
meeting and has asked to speak now.
J.D. Main spoke concerning the motel voucher program.
C. MANAGEMENT REPORTS:
1. Policy Issues Regarding Homeless Shelter Locations
■ Fiscal impact: None.
■ Staff recommendation: City Council:
1. Direct City Staff to require adequate information as described in the report to be
included in a Conditional Use Permit application to fully evaluate any proposed
location; and,
2. Request the Economic Opportunity Commission to conduct neighborhood
meetings and engage the community in the project. [City Manager]
Assistant City Manager / Community Services Director Brady Cherry gave the staff
report and answered questions of Council
PUBLIC COMMENT
Lillian Judd, Director of Planning and Program Development for the Economic
Opportunity Commission (EOC), explained in detail EOC's efforts to locate in the North
County. She also answered questions of the Council.
Steve McGraw, Economic Opportunity Commission, spoke about his visit to a pilot
project set up by the Head Start branch in the mid-1990's where a Head Start Center
was co-located with an overnight shelter.
J.D. Main, Homeless Housing Project, spoke about key issues he feels should be
considered: 1) Length of time people will stay in the shelter, 2) programs to help people
avoid homelessness, and 3) use of transitional housing. He feels there could be one
shelter for the North County large enough to accommodate the needs of the homeless
in conjunction with transitional housing.
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Joan O'Keefe stated that it would be nice to have a shelter in each city, but that is not
possible because of a lack of funds. She expressed her support for the location of this
proposal.
Lon Allan, 6815 Santa Lucia, referred to the Baptist Church and the old County
Hospital, and asked if the shelter site has been decided or if other sites are still under
consideration.
Mayor Clay closed the Public Comment period.
Mayor Clay indicated that he would like to have a condition added that there be a
collaborative effort with financial support from the County and City of Paso Robles if
Atascadero takes this project on.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt staff recommendations 1 and 2.
Motion passed 5:0 by a roll-call vote.
Mayor Clay recessed the hearing at 9:40 p.m.
Mayor Clay called the meeting back to order at 9:50 p.m.
2. Information Bulletin
a. CalTrans Signs Downtown
Public Works Director Steve Kahn informed Council that Cal Trans has begun to install
warning signs for interchange overhead crossings throughout the State of California and
are currently working in Atascadero. Staff is concerned about two signs on EI Camino
Real and will be meeting with Cal Trans on Thursday morning to discuss the locations
for those signs.
b. City Council Strategic Planning Workshop
City Manager Wade McKinney asked Council to review the list of items for the workshop
and add any items they feel should be addressed. Mr. McKinney also spoke about
department presentations, which are continuing tonight and of financial impacts to the
City in light of the economy, PERS and the State budget cuts.
Council Members indicated the following items as areas to be addressed in the
Strategic Planning Workshop: 1) Commission Norms, 2) Council Norms and Shared
Values, 3) Council self-policing, and 4) Budget policy.
PUBLIC COMMENT
Joan O'Keefe requested the Council discuss the budget at a time when the public will
be able to attend.
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Mayor Clay closed the Public Comment period.
c. Police Recruit Program [City Manager]
Dennis Hegwood reported on the recruitment program and would like to move forward
with the understanding that recruits would be hired at reduced rates while meeting the
requirements mentioned in the staff report.
Department Presentations
Community Development Director Warren Frace, Public Works Director Steve Kahn,
Police Chief Dennis Hegwood, Fire Chief Kurt Stone, and Information Technology
Director Andrew Fruin gave presentations to the Council on their Departments.
D. COMMITTEE REPORTS:
Integrated Waste Management Authority (IWMA): Mayor Pro Tem Luna reported
they are going forward with the IWMA becoming the local enforcement agency.
It will be necessary to hire an environmental resource specialist.
S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): Council Member Scalise reported that SLOCOG met and wrapped
up the HCD allocations for the County and that the 41 interchange is a fully
funded project.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member O'Malley stated that Main Street Executive Director Jonelle Norton has
asked for a Council representative to attend Main Street Board meetings.
City Manager
City Manager McKinney reported that the Strategic Plan Workshop would be held in
place of the next City Council meeting, so there will not be a Council meeting until
February.
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 10:22 p.m.
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MEETING RECORDED AND MINUTES PREPARED BY:
C
Marcia McClureTorgerson, City Cler
The following exhibits are available for review in the City Clerk's office.
Exhibit A — Prepared statement, Joan O'Keefe
Exhibit B—Committee and Liaison Assignments, Mayor Clay
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