HomeMy WebLinkAboutMinutes 061003 Approved July 8,2003
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, JUNE 109 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
Del Knight, Board Member Masonic Temple, explained the history of the Mason's
ownership of the Printery. He asked the Council to return the Printery to the Mason's
with the understanding that they will trade the property to a contractor for a new building
for the Masons. The contractor will guarantee the preservation of the Printery.
Mayor Clay closed the Public Comment period
2. Call to Order
a. Conference with negotiator over real property. (Govt. Code
54956.8)
Negotiator: City Manager Wade McKinney
Property: The Printery, 6361 Olmeda Ave.
Negotiations will include price and/or terms of payment.
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action.
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REGULAR SESSION:
Mayor Clay called the meeting to order at 7:07 p.m. and Council Member Scalise led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Information Technology Director Andrew
Fruin, Redevelopment Specialist John Jansons, Police Chief
Dennis Hegwood, Fire Chief Kurt Stone, Senior Accountant Jeri
Rangel, and City Attorney Roy Hanley.
COMMUNITY FORUM:
Tom Ferrell, Pastor of Atascadero Bible Church, invited the Council to pray with him.
Richard Hill, 8400 San Gabriel Road, introduced his mother and spoke about his
grievance with the City of Atascadero. Mr. Hill declared his independence from the
governments of Atascadero, San Luis Obispo County and the State of California and
stated he expected to lose everything he owns by this action including his life. He gave
the City 96 hours to negotiate with him or a "state of war" would exist.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
Motion: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Clay announced that Jonelle Norton would be leaving Atascadero Main Street. A
gathering in her honor was being held this evening.
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Council Member O'Malley asked for an update on the Carlton Hotel. City Manager
McKinney stated that the sign originally on the building would be refurbished and
replaced.
A. CONSENT CALENDAR:
1. City Council Minutes — May 13, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of May
13, 2003. [City Clerk]
2. City Council Minutes — May 27, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of May
27, 2003. [City Clerk]
3. Human Services Grants
■ Fiscal impact: The program is budgeted at$20,000.
■ Staff recommendation: Council approve Human Services Grants to the Agencies
and in the amounts recommended by the Finance Committee in Attachment A. [City
Manager]
4. April Disbursements — April 2003 Accounts Payable & Payroll
■ Fiscal impact: $1,078,596.73
■ Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for April 2003. [Administrative Services]
5. Sponsorship Agreement with the California Conservation Corps
■ Fiscal impact: Federal Transportation Enhancement (TE) funding has been allocated
for the Atascadero Lake Pathway Improvement project and will be used to cover the
costs associated with this Sponsorship Agreement.
■ Staff recommendation: Council authorize the City Manager to execute a Sponsorship
Agreement between the City of Atascadero and the California Conservation Corps.
[Public Works]
6. Hot EI Camino Nite Road Closure
■ Fiscal impact: None.
• City Clerk recommendation: Council approve the draft Resolution authorizing the
closure of EI Camino Real from Rosario to Curbaril on Friday, August 15, 2003 from
6:30 p.m. until 8:30 p.m. [Community Services]
7. EI Camino Real Downtown Improvement Project — Contract Award —
Bid No. 2003-001
■ Fiscal impact: $590,082.65, per original bid. Anticipated additional funds will be
allocated to the project as part of the 2003-2005 budget process.
■ Staff recommendation: Council authorize the City Manager to execute an agreement
with R. Burke Corporation for construction of the EI Camino Real Downtown
Improvement Project. [Public Works]
8. Weed Abatement— Contract Award Amendment
■ Fiscal impact: None. Funds are budgeted annually to cover the costs of the weed
abatement program, and are recovered through assessments on property tax bills of
those parcels abated.
■ Staff recommendation: Council authorize the City Manager to execute the contract
with Jack R. Bridwell for weed abatement. [Fire Department]
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MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve Items #A-1 through 8.
Motion passed 5:0 by a roll-call vote. (Item #A-5 Contract No.
2003-020, Item #A-6 Resolution No. 2003-024, Item #A-7
Contract No. 2003-021, Item #A-8 Contract No. 2003-022)
B. PUBLIC HEARINGS:
1. Appeal Planning Commission Approval of Conditional Use Permit
2002-0085 - Santa Ysabel Mixed-Use Infill Development - Appeal
2003-0002
■ 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 refer the project back to staff to prepare a
General Plan Amendment utilizing a City reserved cycle and Planned Development
Amendment that would allow one single-family dwelling unit and preservation of a 52-
inch native oak tree. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Joan O'Keefe, Appellant, gave a brief history of the project and stated that she, as a
Planning Commissioner, had voted against the apartments as she could not make the
finding for the Conditional Use Permit that the project was consistent with the existing
neighborhood. Mrs. O'Keefe stated her concerns regarding non-notification of
neighbors within the planned development and the condition of the tree on the property.
She requested Council, if it is decided that the tree should remain, to condition the
project with a tree mitigation deposit for a least two years, which would cover the value
of the tree if it dies plus the cost of removing it. Mrs. O'Keefe also discussed her
concerns with the footprint of the house and the placement of the driveway.
Kelly Gearhart, project applicant, stated he is in support of the staff recommendation,
and that the lot was slated for development from the inception of the project. He
apologized to the homeowners for stating at the Planning Commission meeting that they
had been notified, it was a mistake on his realtor's part. Mr. Gearhart stated he would
like to construct a single-family home on the site to make it compatible with the
neighborhood, however the zoning ordinance would not allow for it. He is in favor of
removing the oak tree as its condition has made it a hazard.
Jerry Pickard indicated he speaks for the neighbors present at the meeting tonight by
expressing his support for the construction of a single-family home.
Eric Greening commended the Council for appointing Joan O'Keefe as a Planning
Commissioner as she has demonstrated her ability to find a solution to this issue that is
consistent with the neighborhood and gives the developer the right to build something
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on his property. He urged the Council to follow Mrs. O'Keefe's suggestion regarding the
tree on the site, to approve a single-family residence and to go forward with the General
Plan amendment cycle.
Sigrit Morghen stated that she was not notified of this project when she purchased her
property. She is hopeful the Council will approve a single-family residence rather than
an apartment complex. She stated her concerns over the usage of heavy equipment on
the access road and felt the homeowners should not be responsible for any damage
caused by that equipment.
Kelly Gearhart indicated that the project would proceed correctly and if there were
damage to the road he would repair it.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to refer this item back to staff to prepare a General
Plan amendment utilizing the City's reserve cycle and to bring
it back in the summertime for the amendment with whatever
else needs to be done at that time, and that the road will be
brought back to the condition it was in at the start of the
project, and to remove the tree.
Motion passed 5:0 by a roll-call vote.
2. Zone Change 2002-0023 Downtown Commercial Zoning Text
Amendment - (City of Atascadero/Atascadero Main Street, Inc.)
■ Fiscal impact: The project would likely have a slight negative impact on City
revenues. As a general rule, office use requires services that exceed the revenue
generated by the proposed uses.
■ Planning Commission recommendation: Council introduce for first reading, by title
only, draft Ordinance approving Zone Change 2002-0023 based on findings.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Mary Chastain, Atascadero Main Street, explained how the Design Committee would
manage non-retail applicants if the Council adopts this Zone Change.
Joan O'Keefe explained that the Planning Commission was concerned that Main Street
might feel pressured to approve applications that might not meet the criteria, therefore,
if there is a question or dispute, it would be referred to Planning Staff to ensure that the
criteria is met.
Bob Wilkins, Board Member of Main Street Committee, urged the Council to approve
this Zone Change.
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Eric Greening explained the reasons he is cautiously supportive of this Zone Change.
Gregor Vadim, Main Street Design Committee, stated he feels that allowing non-retail in
the Downtown on an interim basis will increase foot-traffic in the Downtown.
Bob Wilkins stated that the Economic Development and Design Committees have been
concerned over the appearance of the downtown and are working toward arranging
funding for fagade improvements. Excellent headway has been made and he asked for
Council support to keep that momentum going.
Janie Horowitz said she would not go to a Downtown that had primarily office space and
few stores.
Steve LaSalle expressed doubts that allowing non-retail in the Downtown will improve
foot traffic.
Wendy Richardson, downtown business owner, expressed her concerns with non-retail
businesses in the Downtown.
Barbara Combs, downtown business owner and Co-chair of the Main Street Design
Committee, stated she is supportive of helping downtown businesses. She expressed
concern regarding the lack of restaurants and retail businesses surrounding the park
and would like to see the vacant lots protected for retail/restaurant development in the
future.
Eric Greening pointed out that a category that does not really fit "business and
vocational school' but could potentially be a real boost to the downtown, would be
businesses offering specialized classes such as karate, etc.
Bob Wilkins explained that Main Street is attempting to fill the smaller buildings that do
not lend themselves to retail, not the vacant lots in the downtown.
Lon Allan stated he was on the original steering committee that formulated the
downtown plan and that he is against this change. He suggested a change to the
broadcast services category adding either newspaper office or printing services.
Janie Horowitz commented that she does not see the rental listings for downtown
buildings published in local newspapers.
Mayor Clay closed the Public Comment period.
Council Member Scalise indicated that she is in favor of the proposed change and felt
the convincing argument is the example set by Paso Robles Main Street. She
commended the Main Street committee members who have brought this issue forward.
Mayor Pro Tem Luna suggested this issue be tabled until the downtown improvements
and the Carlton Hotel are finished. He felt the revitalization of the downtown is just
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beginning and it would be a mistake to give up on the vision contained within the
downtown plan.
Council Member O'Malley felt there was unanimous agreement on the long-term vision
for the downtown, however the question remains how to get there from here. He feels
strongly that the Council should look toward market forces that will adapt to changes not
previously anticipated. Council Member O'Malley expressed his support for the Main
Street volunteers and the outstanding job they have done.
Council Member Pacas commented that she was not supportive of the original change
to the zoning in July 2000. At this time she does not believe that the way the zone
change is written is good, and though supportive of the ideas of Main Street, she does
not feel this change has been thought out well enough.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to introduce for first reading, by title only, draft
Ordinance approving Zone Change 2002-0023 and that Main
Street report on this change to the Council in 18 months.
Motion failed 2:3 by a roll-call vote. (Luna, Pacas, Clay
opposed)
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to table the item.
Motion failed 2:3 by a roll-call vote. (Clay, O'Malley, Scalise
opposed)
MOTION: By Mayor Pro Tem Luna to continue the item to August 12, 2003 to
allow the City Attorney to address the concerns of the single story
versus the second story and the periodic review of the ordinance.
Motion failed for lack of a second.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to introduce for first reading, by title only, draft
Ordinance approving Zone Change 2002-0023 and that Main
Street come back to report on their progress in 12 months.
Motion passed 3.2 by a roll-call vote. (Pacas, Luna opposed)
Mayor Clay recessed the hearing at 9:05 p.m.
Mayor Clay called the meeting back to order at 9:15 p.m.
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3. Operating Budget 2003-2005
• Fiscal impact: $25,433,465 (FY2003-04), $22,070,070 (FY 2004-05)
■ Staff recommendation: City Council:
1. Adopt Draft Resolution for Budgets for the 2003-2004 and the 2004-2005 fiscal
years and delegate to the City Manager the authority to implement same;
2. Adopt Draft Resolution Amending 2002-2003 fiscal year budget; and
3. Adopt Draft Resolution for the fiscal year 2003-2004 Annual Spending Limit.
[Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Eric Greening asked for clarification on Transit entries in the proposed budget.
Jonni Biaginni, SLO County VCB, thanked the Council for their support. She asked the
Council to continue supporting the VCB.
Mayor Clay closed the Public Comment period.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to adopt Draft Budget Resolution for the 2003-2004
and the 2004-2005 fiscal years and delegate to the City
Manager the authority to implement the same; adopt Draft
Resolution amending 2002-2003 fiscal year budget; and adopt
Draft Resolution for the fiscal year 2003-2004 Annual
Spending Limit.
Motion passed 5:0 by a roll-call vote. (Item #B-3.1 Resolution
No. 2003-025, Item #B-3.2 Resolution No. 2003-026, Item #B-
3.3 Resolution No. 2003-027)
C. COMMITTEE & LIAISON REPORTS:
Mayor Clay
1. County Mayor's Round Table: Discussed the State budget problems and how they are
changing.
Mayor Pro Tem Luna
1. Finance Committee: Discussed the Budget and Human Resources Grants.
Council Member Scalise
1. Atascadero State Hospital Advisory Board: Governor Davis appointed Council Member
Scalise to the Atascadero Advisory Committee.
2. Local Agency Formation Commission (LAFCO): Met and selected Council Member Scalise
to represent Atascadero.
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Council Member O'Malley
1. Finance Committee: Thanked Joan O'Keefe for her input to the Finance Committee and for
her work on the Planning Commission.
2. League of California Cities - Grassroots Network: Council Member O'Malley committed to
this group by directing staff to deduct 10% of his paycheck as a Council Member and direct it
toward the League of California Cities Grassroots Network. He encouraged other Council
Members to do the same.
3. Economic Vitality Corporation, Board of Directors (EVC): Had annual event and topic was
"Economic Gardening," which dealt with supporting growth of the businesses community.
Local businesses participated in the presentation.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
There was Council consensus to direct staff to bring back information to Council
concerning Chamber, Main Street and VCB services vs. City contributions.
E. ADJOURNMENT:
Mayor Clay adjourned the meeting at 9:55 p.m. to the next regularly scheduled meeting
on June 24, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
—Mmu;-, )-w�jvr�,
Marcia McClure Torgerson, City Cl®r
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