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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. CC Minutes 07/27/04 Page 1 of 12 Approved August 24,2004 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. CC Minutes 07/27/04 Page 2of 12 Approved August 24,2004 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) CC Minutes 07/27/04 Page Sof 12 Approved August 24,2004 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) CC Minutes 07/27/04 Page 4of 12 Approved August 24,2004 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. CC Minutes 07127/04 Page 5of 12 Approved August 24,2004 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. CC Minutes 07/27/04 Page hof 12 Approved August 24,2004 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 CC Minutes 07/27/04 Page 7of 12 Approved August 24,2004 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. CC Minutes 07/27/04 Page 8of 12 Approved August 24,2004 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. CC Minutes 07/27/04 Page 9of 12 Approved August 24,2004 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. CC Minutes 07/27/04 Page 10of 12 Approved August 24,2004 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. CC Minutes 07/27/04 Page 11 of 12 Approved August 24,2004 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 CC Minutes 07/27/04 Page 12of 12