HomeMy WebLinkAboutMinutes 072704 Approved August 24,2004
4 W7_9
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, JULY 279 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
Council Member O'Malley announced that in the past he has stepped down from
consideration of this item because he owned a piece of property in relation to this
project, however this issue has been resolved and it is now appropriate for him to vote
on this item.
1. PUBLIC COMMENT - CLOSED SESSION
Eric Greening stated he has seen no EIR addressing the consequences resulting from a
new structure placed close to the creek and is concerned that the costs and time
element involved in accommodating a new structure may be considerably
underestimated.
Page Buck-Moyer urged the Council to support youth by supporting the bowling alley.
Susan Rich spoke about the many different groups in the community that use the
bowling alley and urged the Council to seek another location for City Hall.
Jim Harrison, one of the owners of Creekside Lanes, stated the business there has
been somewhat marginal and it is his intention to close the bowling center in a week or
two regardless of the outcome tonight.
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2. Call to Order
a. Conference with legal counsel - Existing litigation
(Govt. Code Sec. 54956.9 (a))
1. Creekside Associates v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
Interim City Attorney Tom Gibson announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:09 p.m. and led the Pledge of Allegiance.
The flag was presented by the Police Explorers.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk / Assistant to the City Manager 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, Fire
Chief Kurt Stone, Acting Police Chief John Couch, Redevelopment
Specialist Marty Tracey, and Interim City Attorney Tom Gibson.
COMMUNITY FORUM:
Ann Ketcherside spoke about the Vetter family and their interaction with City officials.
She urged citizens to speak out for their property rights.
Sorrel Marks spoke about the temporary City Hall and asked that Council take action to
insure that the Historic City Hall remain as the central administration center for the City.
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Don Idler representing the Chamber of Commerce Board of Directors, urged Council to
settle the Creekside Associates matter in a fiscally responsible manner, to take the
advice of those employed to counsel the City, and to use the resources available from
FEMA.
Eric Greening discussed several public transportation issues and asked Mayor Pro Tem
Scalise to raise these issues at SLOCOG.
Zonk Thompson spoke about the lack of football fields in Atascadero and stated the City
should be supporting youth football by providing a venue for the sport. Mr. Thompson
answered questions of Council
Ann Ketcherside spoke about the Youth Center and stated she is going to work towards
insuring there is a recreation department for the youth of Atascadero.
Eric Greening spoke about the diversion of Curbaril Pedestrian Bridge money to another
use and stated he believes funding for the Curbaril Bridge is important because it was
not built with any thought to pedestrian or bicyclist safety.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay indicated he rides his bicycle across the current Highway 41
Bridge without a problem, but agrees it would be nice to have the pedestrian bridge.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes —June 8, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of June 8, 2004. (City Clerk)
2. City Council Special Closed Session Meeting Minutes — June 11,
2004
■ City Clerk recommendation: Council approve the City Council minutes
of the special closed session meeting of June 11, 2004. (City Clerk)
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3. City Council Strategic Planning Meeting Minutes —June 12, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the strategic planning meeting of June 12, 2004. (City Clerk)
4. May Treasurer's Report
■ Fiscallmgact: None.
■ Recommendation: Council approve the City Treasurer's report for
May 2004. (City Treasurer)
5. June 2004 Accounts Payable and Payroll
■ Fiscal Impact: $2,267,009.54.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for June 2004. (Administrative
Services)
6. 2004-2005 Annual Spending Limit
■ Fiscal Impact: None.
■ Recommendation: Council adopt the attached draft Resolution,
establishing the annual spending limit for fiscal year 2004-2005.
(Administrative Services)
7. Conflict of Interest Code Review
■ Fiscal impact: None.
■ Recommendation: Council adopt the draft Resolution, updating and
amending the Conflict of Interest Code for the City of Atascadero.
(City Clerk)
8. Land Lease Agreement— Atascadero Chamber of Commerce
• Fiscal Impact: $20,000 revenue over the 20-year term of the Lease.
■ Recommendation: Council approve the draft Resolution approving
Land Lease Agreement between the City of Atascadero and the
Atascadero Chamber of Commerce, and authorize City Manager to
execute the Agreement. (City Manager)
9. Labor Agreements
■ Fiscal Impact: Total increased cost is 3% of salary for fiscal year
(included in 2004-2005 budget).
■ Recommendations: Council:
1. Adopt draft Resolution, authorizing salaries and benefits for Non-
Represented Professional and Management Workers and
Confidential Employees; and,
2. Approve modification to labor agreements for all employee groups;
and,
3. Approve Addendum to City Manager Employment Agreement; and,
4. Approve the Salary Schedule, effective July 1, 2004.(City Manager)
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10. City Council Strategic Planning Notes
■
Fiscal Impact: None.
■ Recommendation: Council receive and file the Council's Strategic
Planning Notes for June 2004. (City Manager)
11. General Plan Amendment 2004-0012/Zone Change 2004-0079:
Amendment of Second Residential Unit Reaulations in Single-Family
Zoning Districts
■ Fiscal Impact: Unknown.
■ Recommendation: Council adopt on second reading, by title only, the
draft Ordinance for Zone Change 2004-0079 enacting an amendment
of second residential unit regulations in single-family zoning districts.
(Community Development)
12. Request to Place Memorial Bench at Atascadero Lake Park
■ Fiscal Impact: None.
■ Recommendation: Council approve a request by Arlene Jamar to
install a Memorial Bench at Atascadero Lake Park in honor of Angel
John and Ruth Jamar. (Public Works)
13. Morro Road Mixed-Use General Plan Amendment 2004-0013 Planned
Development Zone Code Text 2004-0081, Mixed—Use Planned
Development Zone Change 2004-0081, Master Plan of Development
(CUP 2004-0128) (8315 Morro Rd./Rick Mathews).
■ 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 proposed uses.
However, a condition has been added that the project utilize Taussig
study models to assess fiscal impacts on City services related to the
residential portion of the site, (Condition 18).
■ Recommendations: Council:
1. Adopt on second reading, by title only, draft Ordinance A approving
Zone Text Change 2004-0080 based on findings; and
2. Adopt on second reading, by title only, draft Ordinance B approving
Zone Change 2004-0081 based on findings. (Community
Development)
14. State Relinquishment of Excess Right-of-Way on EI Camino Real
■ Fiscal Impact: Minimal
■ Recommendation: Council authorize the Mayor to execute the
Cooperative Agreement with the State of California providing for
relinquishment of a portion of EI Camino Real. [Public Works]
Items pulled: Item #A-10, Council Member O'Malley; Item #A-11, Mayor Luna.
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MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13 and
14.
Motion passed 5.0 by a roll-call vote. (Item #A-6 Resolution
No. 2004-061, Item #A-7 Resolution No. 2004-0062, Item #A-8
Resolution No. 2004-063 Contract No. 2004-019, Item #A-9
Resolution No. 2004-064, Item #A-13.1 Ordinance No. 455, Item
#A-13.2 Ordinance No. 456, Item #A-14 Contract No. 2004-020)
Item #A-10: Council Member O'Malley reviewed items discussed by Council at the
Strategic Planning Session.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-10.
Motion passed 5.0 by a voice vote.
Item #A-11: Mayor Luna stated he pulled this item to vote against it and he doesn't
think the City has done its homework on this. He asked about the Second Unit amnesty
program and Community Development Director Warren Frace explained the program.
Mayor Pro Tem Scalise stated that the explanation given by Director Frace was not her
understanding of the amnesty program and suggested it be brought back. Director
Frace agreed.
PUBLIC COMMENT
Doug Marks expressed concern with the most recent Council action allowing second
units on all residential parcels with no analysis of impacts. Mr. Marks asked Council to
postpone a decision until all impacts are analyzed.
Eric Greening agreed with Mr. Marks' comments and encouraged doing an
environmental review to judge the impacts of second units to the city.
Joanne Main, speaking for the Board of Directors of the Atascadero Chamber of
Commerce spoke in favor of second units.
Cindy Sazar reminded everyone that this was not a discussion of granny units with
restrictions, but rather unrestricted rental units.
Zonk Thompson spoke in favor of allowing second units, which he felt would be
controlled because the owner would be living on the property.
Ted Miles spoke in favor of allowing second units because it supports family values.
Bill Oslin stated that rental prices are high and workforce housing is needed. He urged
the Council to support second units to keep families together.
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Ellen Beraud disagreed there is a majority that want blanket second units, and stated
more study is needed. She urged the Council to defer their decision at this time.
Hal Carden commended Council for moving forward on second units and disputed the
notion that they would lead to unlimited growth.
Barbara Best stated she sees second units as a means to add diversity to the
community by opening up the housing market to more people.
Barbie Butz spoke in favor of allowing second units to help family members live on their
own property.
Mayor Luna closed the Public Comment period.
Council Member Pacas stated it is her opinion that there is not overwhelming
community support for second units without further study. Her concerns include: no
stipulation that one unit be owner occupied, no stipulation that these be on larger lots,
and no assurance of affordability as homes with second units on the property tend to be
more expensive.
Mayor Luna stated he would have preferred to see senior housing rather than second
units. He expressed concern that there was no requirement that one unit is owner
occupied, that second units could be disruptive to neighborhoods, and that no study of
the impacts of second units has been done.
MOTION: By Council Member O'Malley and seconded By Council
Member Clay to approve Item #A-11.
Motion passed 3:2 by a roll-call vote. (Paces, Luna opposed)
(Ordinance No. 454)
B. PUBLIC HEARINGS:
1. Zone Code Text Amendment Zone Change 2003-0042
■ Fiscal Impact: None
■ Recommendation: Planning Commission recommends Council
introduce for first reading, by title only, the draft Ordinance, approving
the proposed code text amendments to the Zoning Ordinance.
(Community Development)
Community Development Director Warren Frace gave the staff report.
PUBLIC COMMENT— None
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MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to introduce for first reading, by title only, the draft
Ordinance, approving the proposed code text amendments to
the Zoning Ordinance.
Motion passed 5.0 by a roll-call vote.
Mayor Luna recessed the hearing at 8:28 p.m.
Mayor Luna called the meeting back to order at 8:41 p.m.
C. MANAGEMENT REPORTS:
1. Minor Streetscape Improvement Project - Sunken Gardens
■ Fiscal Impact: Estimated at $850,000, which will be funded through
the Redevelopment Agency financing expected in September.
■ Parks & Recreation Commission Recommendation: Additional public
process be conducted.
■ Staff recommendation: Council approve the conceptual design for the
Minor Streetscape Improvement Project — Sunken Gardens and
authorize the Redevelopment Agency and staff to proceed. [City
Manager]
City Manager Wade McKinney reviewed the process for the development of the Sunken
Gardens project.
Tony Keith, landscape architect with RRM Design Group, gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Eric Greening urged the Council to not be hasty in their approval of this project and
raised concerns about lack of citizen input, timing of construction, inclusion of a transit
plaza in this area, and circulation across the creek.
Lon Allen, speaking for the Atascadero Historical Society and as a member of the
Downtown Steering Committee, stated they would like to see this project completed and
indicated the Historical Society Board generally favored this concept.
Ray Jansen spoke about the block of pedestrian walkway directly across from City Hall
on West Mall, which he believes should be repaired for safety and appearance reasons.
Barbara Combs commented that she would like to see the lighting plan for the Sunken
Gardens not detract from the darkness; it should be possible to turn off the lights if
needed.
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Joanne Main speaking as a citizen stated she was glad to see that there can be
expanded uses of the gardens, while allowing them to remain as a passive park.
Maurice Macaray addressed specific design components of the project and made
several suggestions for the development of the area.
Rick Mathews, Parks and Recreation Commissioner, stated the Commission liked the
concept for the project, but felt the process was so accelerated that the public had been
left out.
Hal Carden stated this plan is excellent and meets all the concepts for the area as put
forth by Main Street, the Redevelopment Agency and Council and he feels the project
should move forward at this time.
Susan Beatie stated the marble statue is in a precarious spot and perhaps should be
moved before construction begins to the studio in Cambria where it will be repaired.
Barbie Butz, Parks and Recreation Commissioner, stated the Commission liked the
concept, but would like to be more involved in the development process in the future.
She hoped the public workshops planned for 2005-2006 can go forward.
Steve Martin, Executive Director Atascadero Main Street, spoke about Main Street's
involvement in the Sunken Gardens process and stated the Design Committee and
Board is in favor of this design.
Susan Beatie commented that it is not possible to line up the fountain with City Hall.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the conceptual design for the Minor
Streetscape Improvement Project — Sunken Gardens and
authorize the Redevelopment Agency and staff to proceed and
include an appropriation for the funding.
Motion passed 5:0 by a roll-call vote.
Council Member O'Malley raised several issues for future consideration.
Based on Council Member O'Malley's suggestions there was Council consensus
to:
1. Agendize an item for Council to review the current appointment process for
the Parks and Recreation and Planning Commissions.
2. Strategic Planning session to talk about the Parks and Recreation
Commission and their roles.
3. Joint meeting of the City Council and Parks and Recreation Commission to
discuss what occurred in strategic planning.
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2. Charles Paddock Zoo - Approval of Concept Master Plan
■ Fiscal Impact: No direct fiscal impact for the City at this time. The
Zoological Society of San Luis Obispo will be providing support for this
process. Once finalized, implementation of the master plan will involve
Council approval of each phase and the financing of the improvements
and operations.
■ Recommendation: Council approve a concept master plan to allow the
City Zoo staff and Zoological Society to move forward with plan
refinement and fundraising for Zoo improvements. (Community
Services)
Community Services Director Brady Cherry gave the staff report and answered
questions of Council.
Alan Baker gave a presentation on the conceptual master plan for the Zoo and
answered questions of Council
PUBLIC COMMENT
Lissa Wolf, Zoological Society President, spoke about their mission to provide financial
support for the Zoo and stated the Society Board supports this plan and has hired a
consulting firm to conduct a feasibility study.
Debbie Arnesen, Netsel and Associates, explained how the feasibility study would be
conducted.
Barbie Butz, Parks and Recreation Commissioner, stated the Parks and Recreation
Commission are supportive of this project and encouraged Council to proceed with it.
Hal Carden, Zoological Society Vice President, spoke about the commitment and
energy level of those working toward this project and asked for the Council's support.
Eric Greening stated a lot of thought has gone into this project and he encouraged the
Council to move forward on it.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve a concept master plan to allow the
City Zoo staff and Zoological Society to move forward with
plan refinement and fundraising for Zoo improvements.
Motion passed 5.0 by a roll-call vote.
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3. Comprehensive Financial Strategy
■ Fiscal Impact: None
■ Recommendation: Council review and adopt the Comprehensive
Financial Strategy. (Administrative Services)
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT - None
MOTION: By Council Member Clay and seconded by Mayor Luna to go
past 11:00 p.m.
Motion passed 5.0 by a roll-call vote.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to adopt the Comprehensive Financial Strategy.
Motion passed 5.0 by a roll-call vote.
4. City Attorney Recruitment
■ Fiscal Impact: None at this time.
■ Recommendation: Council approve the attached Request for
Proposals and direct the City Manager to implement the recruitment
process. (City Manager)
City Manager McKinney gave the staff report and answered questions of the Council.
PUBLIC COMMENT— None
MOTION: By Council Member Clay and seconded by Mayor Luna to
approve the attached Request for Proposals and direct the
City Manager to implement the recruitment process.
Motion passed 5.0 by a roll-call vote.
5. League Voting Delegate
■ Fiscallmgact: None
■ Recommendation: Council designate a voting representative and an
alternate who will be present at the Annual Business Meeting of the
League of California Cities' Annual Conference in September 2004,
and direct the City Clerk to inform the League of the designation. (City
Clerk)
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to nominate Council Member O'Malley to be the delegate
and for Mayor Pro Tem Scalise to be the alternate.
Motion passed 5.0 by a roll-call vote.
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D. COMMITTEE & LIAISON REPORTS: - None
E. INDIVIDUAL DETERMINATION AND/OR ACTION: - None
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:05 p.m. to the next regularly scheduled
meeting of the City Council on August 24, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
.J
race Pucci, Deputy City Clerk
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