HomeMy WebLinkAboutMinutes 060804 City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the
Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the
printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
Approved July 27,2004
.s.■ ■
CADS
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, JUNE 8, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
Mayor Luna announced a new item had been added to the Closed Session, a personnel
issue regarding the Police Chief(Gov't Code 54957.6).
1. PUBLIC COMMENT - CLOSED SESSION: None
2. Call to Order
a. Conference with negotiator over real property
Expansion of Paloma Park Lease. (Gov't Code 54956.8)
Negotiator: City Manager, Wade McKinney
Property: 11665 Viejo Camino, Atascadero, CA.
Negotiations will include price and/or terms of payment.
b. Conference with labor negotiator (Govt. Code Sec.
54957.6)
Agency Negotiator: City Manager
Employee Organizations: Department Heads, Mid-
Management/Professional, Confidential, Atascadero
Firefighters, Service Employees Intl. Union Local 620,
and Atascadero Police Assoc.
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3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:06 p.m. and Council Member O'Malley led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk Marcia McClure Torgerson, Deputy City Clerk Grace
Pucci
Staff Present: City Manager Wade McKinney, Administrative Services Director
Rachelle Rickard, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Deputy Public Works Director Geoff English, Police
Lt. John Couch, Redevelopment Specialist Marty Tracey, Associate
Planner Kerry Margason, and City Attorney Roy Hanley.
COMMUNITY FORUM:
Pastor John Marc Wiemann, Cornerstone Community Church, led those present in
prayer.
Bill Obermeyer encouraged the Planning Department to think about having dedicated
bicycle paths and asked about the easement for equestrian and pedestrian access to
the riverbed at the end of Ferrocaril.
Community Development Director Frace explained that the Ferrocaril access would
become a public access once construction is complete and gave an update on the
progress of the project.
Eric Greening agreed with Mr. Obermeyer's concerns and further invited the Council to
lock up their car keys for one month and experience the City of Atascadero by alternate
means.
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Sandy Hastings asked how the Carlton Hotel billboard got past the City's sign ordinance
and felt it was setting a precedent.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Council Member
Pacas to approve the agenda.
Motion passed 5:0 by a roll-call vote
PRESENTATIONS:
1. Recognition of Al DeRose for his years of service and contribution to
the Atascadero School District.
Council Member Pacas read the proclamation and presented it to Mr. DeRose.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley announced that September 20 through 26 would be Pollution
Prevention Week for 2004. A contest will be sponsored to recognize local businesses
and organizations for exemplary pollution control practices.
A. CONSENT CALENDAR:
1. City Council Special Closed Meeting Minutes — May 4, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of May 4, 2004. (City Clerk)
2. City Council Special Closed Meeting Minutes — May 11, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of May 11, 2004. (City Clerk)
3. City Council Meeting Minutes — May 20, 2004
City Clerk recommendation: Council approve the City Council minutes
of the meeting of May 20, 2004. (City Clerk)
4. April Treasurer's Report
■ Fiscal impact: None.
■ Recommendation: Council approve the City Treasurer's report for April
2004. (City Treasurer)
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5. General Municipal Election — November 2, 2004
■ Fiscal impact: The General Municipal Election is estimated to cost
approximately $19,000.00.
■ Recommendation: Council:
1. Adopt draft Resolution A, calling and giving notice of the holding of
a General Municipal Election to be held on Tuesday, November 2,
2004; and,
2. Adopt draft Resolution B, requesting the Board of Supervisors of
the County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 2, 2004. (City Clerk)
6. Hazard Mitigation Plan Consultant Contract Authorization
■ Fiscal impact: Authorization of the contract will result in the expenditure
of $64,911. Seventy-Five percent ($48,683.25 of these funds are
expected to be reimbursed to the City by the Office of Emergency
Services Hazard Mitigation Grant and twenty-five percent ($16,227.75)
will be absorbed by the city.
■ Recommendation: Council:
1. Authorize the City Manager to execute a contract with URS, Inc. for
contract services to prepare a Hazard Mitigation Plan per FEMA
standards for the City of Atascadero upon notification of approval of
a Hazard Mitigation Grant from the State of California Office of
Emergency Services; and,
3. Authorize the City Manager to expend approximately $25,000 for
the purpose of matching grant funding to prepare a Local Hazard
Mitigation Plan. (Community Development)
7. Delegation of Authority to Make Disability Determinations for PERS
■ Fiscal impact: None.
■ Recommendation: Council adopt draft Resolution authorizing and
approving delegation of authority for disability determinations.
(Administrative Services)
Council Member O'Malley noted a correction to Items #A-2 and 3 indicating that he had
stepped down from considering the Creekside project during the closed sessions
because he owns a piece of property adjacent to the project.
Eric Greening pulled Item #A-2.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Items #A-1, 3, 4, 5, 6 and 7.
Motion passed 5:0 by a roll-call vote. (Item #A-5.1 Resolution
No. 2004-045, Item #A-5.2 Resolution No. 2004-046, Item #A-6.1
Contract No. 2004-014, Item #A-7 Resolution No. 2004-047)
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Item #A-2: Eric Greening referred to his comments on page 4 of the Minutes of May 11,
2004, and as there was no motion on the table at that point, asked that his comments
be revised to read, "Eric Greening indicated he would support a motion sending the
delegates to the conference, but observed that ...".
MOTION: By Council Member O'Malley and seconded by Council
Member Clay that the clerk review the Minutes and correct as
appropriate and with that to approve Item #A-2.
Motion passed 5:0 by a voice vote.
B. PUBLIC HEARINGS:
1. Appeal 2004-0003 - Appeal of the Plannina Commission's Approval
of Conditional Use Permit 2003-0106/EOC Overnight Shelter
■ Fiscal impact: The project has been conditioned to minimize the
potential financial impact the project would have on the City. If
significant increases in calls for emergency services were to occur, this
would result in a negative fiscal impact to the City. The conditions of
approval require EOC to minimize calls for services with client
screening, staff training and support agreements with County
agencies.
■ Recommendations: Council adopt draft Resolution A thereby denying
the appeal and uphold the Planning Commission's decision to approve
Conditional Use Permit 2003-0106 establishing a 32-bed overnight
shelter in the Residential Suburban Zoning District subject to findings
and conditions. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council. An exhibit was distributed showing changes made by the
Planning Commission to the original Conditions of Approval. (Exhibit A)
Council Member Pacas expressed her concern about impacts to surrounding properties
due to the presence of the shelter and distributed a photograph showing the impacts to
a local physician's office. (Exhibit B)
PUBLIC COMMENT
Monica Firchow, appellant, read from a prepared statement in support of the appeal of
the Planning Commission's decision to approve the Conditional Use Permit establishing
an overnight shelter, and turned in signed petitions in support of the appeal. (Exhibits
C and D) Additional exhibits included North County Shelter Issues (Exhibit E) and
photos of views from surrounding properties (Exhibit F). Ms. Firchow answered
questions of Council
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Michele Vance stated she was a patron of the homeless shelter and though she can
see both sides of this issue, she feels a shelter is much needed. Ms. Vance answered
questions of Council.
Leslie Loams stated she was homeless when she and her family first came to the area
and EOC and the homeless shelter provided the help they needed.
Danielle Miller expressed her support for the shelter and stated that she and her family
had lived at the EI Camino Homeless Organization (ECHO) shelter for almost a year.
Mayor Luna recessed the hearing at 8:53 p.m.
Mayor Luna called the hearing back to order at 9:05 p.m.
Anita Robinson, representing the Board of Directors of the Economic Opportunity
Commission (EOC), spoke about EOC and how it attempts to meet the needs of the
homeless and the communities it serves. Ms. Robinson asked the Council to deny the
appeal
Biz Steinberg, Executive Director and CEO of EOC, explained what EOC is and why it
exists. She urged the Council to deny the appeal and stated E OC's commitment to
continue to meet and work with the neighbors.
Retired San Luis Obispo Police Chief Jim Gardiner, spoke about homelessness and
how it has changed over the years. He presented the law enforcement perspective of
the homeless problem and spoke about the San Luis Obispo homeless shelter and the
problems and issues surrounding that shelter. He is in support of the Conditions of
Approval as presented and urged the Council to deny the appeal.
Katherine Manning, Director of Homeless Services for EOC, stated they are already
serving the needs of the homeless in Atascadero and spoke of the type of patrons they
expect will utilize the shelter as well as the shelter's priority list.
Steve McGrath, Director of Facilities for EOC, spoke about the shelter's driveway and
how it will be increased in size to accommodate automobiles coming and going from the
site.
Anita Hoag, Program Manager for Head Start, clarified the hours of operation for the
Head Start Program.
EOC members answered questions of Council
Paul Wolfe, member of Human Relations Commission of San Luis Obispo, spoke about
the neighborhood advisory board and how it worked in San Luis Obispo.
Melinda Hartman spoke about her negative experiences with ECHO and how they dealt
with problems created by the homeless.
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Tina Pierce read from a prepared statement in opposition to the location proposed for
the homeless shelter. (Exhibit G)
Barry (no last name given) read from a prepared statement opposing the homeless
shelter location written by C layton a nd E Ilen S covell, who were unable to attend the
meeting. (Exhibit H)
Tom Komar, a Family Nurse Practitioner contracted with ECHO to provide health care
services to the homeless, explained and clarified some of the misconceptions about the
homeless based on his personal experiences.
Sandy Hastings expressed her concerns that this being the only north county shelter it
would not be able to handle the number of requests for beds it will receive leaving many
to seek shelter in parks, under bushes, etc.
Eric Greening spoke in support of the project and asked Council to deny the appeal. He
asked how children of homeless shelter patrons using the Head Start program would
reunite with their families at the end of the day.
Jim Griffin stated his concerns with the type and number of patrons who will be using
the homeless shelter.
Richard Blumberg indicated that the proposed shelter will be very close to his home and
stated his concerns with allowing a shelter in this area and proposed alternate sites.
Shirley Summers spoke in support of the homeless shelter and asked Council to deny
the appeal.
John Christopher spoke in support of the shelter and about his experience with the EI
Camino Homeless Organization and how they assisted him when he was in need.
Alice Bodlak, Registered Nurse and Program Coordinator for a Health Care for the
Homeless program, spoke about the homeless she has worked with and expressed her
support for the shelter.
Anita Hoag, Program Manager for Head Start, spoke about how Head Start works
toward the safety of the children in the Program. She also spoke about the co-location
of the homeless shelter and Head Start and why it works.
Johlene Smith indicated she has helped homeless families and single disabled
homeless. She spoke about the ad in the newspaper for shelter workers explaining why
the stated experience is required.
Beverly Aho related her experiences in living next to the Atascadero Community
Church, which takes in homeless for a month each year. She spoke in support of a
permanent shelter.
Barbara Alward stated she has worked as a volunteer in a homeless shelter and spoke
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about what the people she has worked with are like. She urged Council to support a
shelter.
Mike Hedges spoke about the various churches used for the homeless and how
successful the program has been. He disputed the idea that a shelter would bring
homeless from all over the area to Atascadero.
Laurie Hokit expressed her opposition to the homeless shelter and to placing a
preschool at the same site. She asked that this project be pulled for further study.
Lillian Judd read a letter by Eileen Allen, Executive Director North County Women's
Shelter, expressing her support for a homeless shelter. (Exhibit 1)
Sylvia Nevarez spoke about the training she had received prior to working for Head
Start and expressed her support of EOC and the proposed shelter.
Jacqueline Sebro, Director of Paso Robles Loaves and Fishes and Deacon of St James
Church, addressed the issue of combining a Head Start facility with a homeless shelter,
and explained how it has worked successfully in many locations.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
Dave May spoke about his own experiences with homelessness and stated his support
for a shelter.
Kathy Hanson stated she has volunteered for the shelter and spoke about her
experiences with the homeless. She urged Council to approve the shelter.
Charlotte Byrne, President of ECHO, spoke about involving local churches in assisting
with the homeless problem and how ECHO will work in partnership with EOC to run this
proposed shelter.
Kevin Holgate expressed his opposition to the shelter and his concerns about its
negative effect on the health, safety and welfare of the public.
Lonna Adams stated she has worked for EOC and other youth support services. She
questioned the funding for the shelter and felt it should be part of the conditions.
Virginia Carsley stated she would be a neighbor to the homeless shelter if it is built, and
spoke in favor of the shelter.
Paul Dilger spoke as a representative of the Baptist Church, which is currently housing
the homeless. He talked about the misconceptions of the homeless and urged Council
to provide a permanent shelter.
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Laurie Hokit asked why this project qualified for a class three categorical exemption
under the provisions CEQA. She referred to Section 15303, expressing her concern
with allowing the exemption. (Exhibit J)
Monica Firchow restated her opposition to the shelter and to having EOC run it.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
adopt draft Resolution A thereby denying the appeal and upholding
the Planning Commission's decision and approving a conditional
use permit to establish an overnight shelter in the Residential
Suburban zoning district subject to findings and conditions.
Council Member Pacas stated she has trouble making findings 1, 2, 3 and 4. She
expressed concern that the shelter will only provide for evening use and does not
address the daytime needs of the homeless, and that it is too intense a use for a
Suburban Estates area. Council Member Pacas stated she would support a day/night
use shelter in another area that was designated multifamily or similar zoning and
located closer to needed services.
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
adopt draft Resolution A thereby denying the appeal and
upholding the Planning Commission's decision and approving
a conditional use permit to establish an overnight shelter in
the Residential Suburban zoning district subject to findings
and conditions.
Motion passed 4:1 by a roll-call vote. (Pacas opposed)
(Resolution No. 2004-048)
C. MANAGEMENT REPORTS:
1. Downtown Parking and Business Improvement Area (FY 2004-2005)
Confirmation of Annual Assessment
■ Fiscal impact: Downtown Parking and Business Improvement District
revenue of approximately $10,500 for fiscal year 2004-2005.
■ Recommendations: Council adopt the draft Resolution confirming
annual assessment for Downtown Parking & Business Improvement
Area (Fiscal Year 2004-2005). (City Manager)
City Manager Wade McKinney gave staff report.
PUBLIC COMMENT
None
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MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the draft Resolution confirming annual
assessment for Downtown Parking and Business Improvement
area (Fiscal Year 2004-2005).
Motion passed 5:0 by a roll-call vote. (Resolution No. 2004-
0049)
2. Regional State Highway Account Funds and Downtown Pedestrian
Bridge Contract Change Orders
■ Fiscal i mpact: A pproval o f t he C ontract C hange O rders for Psomas
and Morro Group, Inc. would result in the expenditure of $59,947.00 in
Regional State Highway Account (RSHA) funds.
■ Recommendations: Council:
1) Authorize staff to request SLOCOG re-appropriate Regional State
Highway Account (RSHA) Funds previously authorized for the
Curbaril Pedestrian Bridge Project in an amount not to exceed
$60,000.00 to the Downtown Pedestrian Bridge Project.
2) Authorize the Director of Administrative Services to transfer
Regional State Highway Account (RSHA) Funds previously
authorized for the Curbaril Pedestrian Bridge Project in an amount
not to exceed $60,000.00 and to transfer Circulation Impact Fees
funds previously authorized for the Lewis Avenue Bridge to the
Downtown Pedestrian Bridge Project.
3) Authorize the City Manager to approve Psomas Professional
Engineering Services Contract Change Order No. 1 in the amount
of $49,475.00 and Morro Group Inc. Environmental Services
Change Order No. 1 in the amount of$10,472.00.
4) Authorize the City Manager to approve any additional change
orders up to 20% of the amended contract price. (Public Works)
Council Member Clay stepped down from consideration of this item as the Curbaril
Bridge is within 500 feet of his property.
Council Member O'Malley stepped down from consideration of this item as the potential
location of the downtown bridge is near property he owns.
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Peter B rown, S LOCOG r epresentative, s tated S LOCOG s taff feels i t i s w orthwhile t o
look at this proposal by the City. He indicated he agrees with points made by staff, but
will take it to the SLOCOG advisory Committee and Board.
Mayor Luna closed the Public Comment period.
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Mayor Luna discussed placement of the pedestrian bridge and stated he would support
this because the pedestrian bridge is in the downtown plan, but not to supply parking for
the Colony Square project.
Public Works Director Steve Kahn announced that Item #3, Environmental Services
Change Order No. 1, should be changed to $15,650.00.
MOTION: By Mayor Luna and seconded by Mayor Pro Tem Scalise to:
1) Authorize staff to request SLOCOG re-appropriate Regional
State Highway Account (RSHA) Funds previously
authorized for the Curbaril Pedestrian Bridge Project in an
amount not to exceed $60,000.00 to the Downtown
Pedestrian Bridge Project.
2) Authorize the Director of Administrative Services to transfer
Regional State Highway Account (RSHA) Funds previously
authorized for the Curbaril Pedestrian Bridge Project in an
amount not to exceed $60,000.00 and to transfer Circulation
Impact Fees funds previously authorized for the Lewis
Avenue Bridge to the Downtown Pedestrian Bridge Project.
3) Authorize the City Manager to approve Psomas Professional
Engineering Services Contract Change Order No. 1 in the
amount of $49,475.00 and Morro Group Inc. Environmental
Services Change Order No. 1 in the amount of$15,650.00.
4) Authorize the City Manager to approve any additional
change orders up to 20% of the amended contract price.
(Public Works)
Motion passed 3:0 by a roll-call vote.
Council Members Clay and O'Malley rejoined the hearing.
D. COMMITTEE & LIAISON REPORTS:
Council Member O'Malley
1. Finance Committee: Reviewed funding recommendations.
2. Air Pollution Control District (APCD): Pollution Prevention Week coming up.
3. League of California Cities - Grassroots Network: Council Member O'Malley
will be attending the policy committee meeting next Friday.
4. Economic Vitality Corporation, Board of Directors (EVC): Has put out its
business resource guide.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Manager:
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City Manager McKinney reminded Council of their meetings at 2:00 p.m. on
Wednesday, Friday at 7:00 a.m. and Saturday at 8:00 a.m. The Friday and
Saturday meetings will be at Colony Hall.
Council Member O'Malley stated for the record that he would not attend the
meeting on Wednesday regarding the Creekside project due to a conflict of
interest.
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:49 p.m. to the next regularly scheduled City
Council Meeting on June 22, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci,15 eputy City Clerk
The following Exhibits are available for review in the City Clerk's office:
Exhibit A—Community Development Department, Conditions of Approval.
Exhibit B—Council Member Pacas, photograph
Exhibit C— Monica Firchow, prepared statement.
Exhibit D— Monica Firchow, Petition in support of repeal of Conditional Use Permit 2003-0106
Exhibit E—Monica Firchow, North County Shelter document
Exhibit F—Monica Firchow, photographs
Exhibit G—Tina Pierce, prepared statement.
Exhibit H—Clayton and Ellen Scovell, prepared statement
Exhibit I—Lillian Judd, letter from Eileen Allan
Exhibit J—Laurie Hokit, CEQA Section 15301
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