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HomeMy WebLinkAboutMinutes 092507 Approved October 23, 2007 198 .9 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, September 25, 2007 - 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Beraud led the Pledge of Allegiance. ROLL CALL: Present: Council Members Beraud, Clay, O'Malley, Brennler and Mayor Luna Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Police Lt. Jim Mulhall, Fire Captain Scott Hallett, Deputy Community Development Director Steve McHarris, Deputy City Clerk Victoria Randall, and Interim City Attorney Robert Schultz. APPROVAL OF AGENDA: MOTION: By Council Member Beraud and seconded by Mayor Pro Tem Brennler to approve the agenda. Motion passed 5:0 by a roll-call vote. CC Minutes 09/25/07 Page 1 of 9 Approved October 23, 2007 A. CONSENT CALENDAR: ... 1. City Council Meeting Minutes — August 28, 2007 ■ City Clerk Recommendation: Council approve the City Council Meeting Minutes of August 28, 2007. [City Clerk] 2. Supplemental Law Enforcement Services Fund ■ Description: Proposed designation of funds would be used in equipment improvements and other frontline Police services and supplies. ■ Fiscal Impact: $100,000. All costs are paid for by SLESF grant funds and do not affect the general fund. ■ Recommendation: Council designate 2007/2008 Supplemental Law Enforcement Services Fund (SLESF) monies for use in equipment purchases and other frontline Police services and supplies. [Police] 3. Title 9 Planning and Zoning Text Amendment PLN-2099-1002 for ZCH 2004-0091, 5190 Portola Road (Nolan) ■ Description: Proposed project would allow a 2-lot residential planned development. ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading by title only, Draft Ordinance A, adopting Zone Change 2004-0091 establishing a Zone Map Change at 5190 Portola Road, based on findings. [Community ... Development] Items pulled: Mayor Luna, Item #A-3. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Brennler to approve Items #A-1 and 2. Motion passed 5:0 by a roll-call vote. Item #A-3 Mayor Luna stated he would be abstaining on this item as he was not present at the last Council meeting. MOTION: By Council Member O'Malley and seconded by Council Member Clay to approve Item #A-3. Motion passed 3:1 by a roll-call vote. (Beraud opposed, Luna abstained) (Ordinance No. 515) B. MANAGEMENT REPORTS: Due to a technical difficulty, there was Council agreement to hear Item #13-2 prior to B-1. CC Minutes 09/25/07 Page 2 of 9 Approved October 23, 2007 2. Viejo Camino General Plan Amendment Pre-application Review, Authorization for Staff to Process PLN 2007-1231 (Halcon Properties, LLC ■ Disclosure of Ex-Parte Communications ■ Description: Request for site to be re-designated to MDR (Medium Density Residential) which would allow 10 units per acre. ■ Fiscal Impact: According to the findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency service costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard Conditions of Approval for new residential planned development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts. If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on-site improvements and maintenance, as well as their fair share of off-site improvements and impacts to City emergency services. ■ Recommendations: 1. City Council authorize staff to process the proposed General Plan •.� Amendment application with neighborhood meeting and study session by adopting Draft Resolution A; or 2. City Council direct staff to further analyze the proposed project and report back to the Council before processing; or 3. City Council direct staff to not process the project by adopting Draft Resolution B. [Community Development] Ex Parte Communications ■ Council Member Clay stated he spoke to the builders about this item four months ago and they showed him the plot plan. He talked with Maury Froman yesterday and told him he had not yet read the staff report. He called Mr. Froman back today and Mr. Froman answered his questions. ■ Council Member O'Malley stated that several months ago he and Mayor Pro Tem Brennler met with the applicants and reviewed the plans. He recently had a phone conversation with the applicant and asked questions from the staff report. He stated when this was still a mobile home park he received several phone calls from the residents who had concerns regarding a new manager and he had asked staff CC Minutes 09/25/07 Page 3 of 9 Approved October 23, 2007 to look into it. He also spoke with Maury Froman and Keith Mathias regarding constituent concerns. ,�.. Mayor Luna stated he met with Maury Froman on February 19th with Council Member Beraud. He received a phone call yesterday from Mr. Froman that he did not return. ■ Mayor Pro Tem Brennler stated he met with Keith Mathias and Maury Froman three months ago, and received a call this week that he did not return. ■ Council Member Beraud stated she met with the applicants with Mayor Luna and received a call from them yesterday that she did not return. Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT Maury Froman, applicant, gave a PowerPoint presentation on the project and answered questions of Council. Shawn Sarnecki stated this project is not consistent with the surrounding neighborhood, and that a General Plan change should be made for all parcels on Halcon not just two of the eight parcels. Eric Greening asked several questions regarding notification of the Santa Margarita Area Advisory Committee, bicycle and pedestrian circulation through the project to the transit stop on Viejo Camino, the limitation on units for Dove Creek, and traffic impacts for this area. Tim Haley asked those in the audience who were opposed to this project to stand up. He urged the Council to reject the General Plan Amendment as the proposed density is too high relative to the character of the neighborhood. Curtis Oser stated the traffic problem in this area hasn't been adequately assessed by the city. He was also concerned that the low income housing might not work at this location, that the density was too much for this rural area, and that there was no buffer for the project. Rich Koval asked Council to choose Option #3 to stop this process. He was concerned that this project would turn a suburban residential neighborhood into a densely populated project, and that there would be no buffer between this project into the 2 1/2 acre zoning. Steve Hughes stated that when he purchased his home in this area he was very impressed with the lot sizes, and he believes 62 units are too much for this property. CC Minutes 09/25/07 Page 4 of 9 Approved October 23, 2007 Tony Rivera was concerned that many homes are already being built in this area, and traffic will be a major problem. He stated he had moved here because there was no big plan for the area and it was quiet and private. He asked Council to select Option #3. Joseph Messineo, Jr., stated his property backs right up to this project and he was concerned with the amount of homes proposed and the loss of trees. Chris Nary spoke about the impacts to those living on SE parcels, and stated this was against smart growth principles and conflicts with specific plans and goals in the General Plan, which calls for preserving the rural character of Atascadero. Christina Aguirre said she was for Option #3 to abandon this development. She believed there were too many houses too close together and was concerned with the impacts to roads and the Santa Barbara interchange. Myrna Bradley stated she moved to this area to get away from lots of houses and wanted more open space to look at. She was concerned with the density and traffic impacts and urged Council to choose Option #3. Catherine Sweet raised the following issues: traffic impacts as there is building already underway in this area, air pollution due to the density of people living there, and water given the years of drought. She supported Option #3. Pricilla Jane stated she moved here for the rural atmosphere and was concerned that this project would depreciate her property value, destroy the rural atmosphere, and create traffic and air pollution impacts. Eileen Blanchette commented that she came to this area to be in a rural atmosphere, and does not see that this project reflects the image of Atascadero. Lynn Delmore spoke about the zoning inconsistency going from the suburban estates to the proposed density. She also expressed concern regarding the interchange at Santa Barbara and US 101, and that revenues from residential development are insufficient to cover current service level costs. Mayor Luna closed the Public Comment period. Staff answered questions raised in the Public Comment period. Council Member Clay spoke of the need to provide workforce housing, and that this was a good spot for this project as it is across the street from a park. He stated that timing is important and the timing may not be good for this project, and that there should be buffers in the project. Council Member Beraud stated she did not consider this area the urban core of the community and therefore not appropriate for infill. She commented that because there CC Minutes 09/25/07 Page 5 of 9 Approved October 23, 2007 was much neighborhood opposition to increasing density she would be supporting Option #3 and suggested the applicant come back with something that is less dense. Mayor Pro Tem Brennler commented that the lack of neighborhood compatibility and traffic impacts were issues for him Council Member O'Malley suggested hearing from the applicant to determine if he had a proposal or input based on the feedback heard this evening. MOTION: By Mayor Pro Tem Brennler and seconded by Council Member Beraud to direct staff to not process the project by adopting Draft Resolution B. Motion passed 3:2 by a roll-call vote. (Clay, O'Malley opposed) (Resolution No. 2007-082) PUBLIC COMMENT Maury Froman, applicant, stated that prior to the motion he would have suggested Council go with Option #2, which would allow the applicants to take another look at the project and propose something with staff. Mayor Luna closed the Public Comment period. •�• Mayor Luna recessed the hearing at 8:25 p.m. Mayor Luna called the meeting back to order at 8:30 p.m. 1. Emergency Access Routes ■ Fiscal Impact: None ■ Recommendation: Council approve rating criteria and direct staff to develop a priority system for improvements and a funding plan. [Public Works] Public Works Director Steve Kahn and Fire Captain Scott Hallett gave the staff report and answered questions of Council. PUBLIC COMMENT Dan O'Grady stated he lives in the West Hills area of Atascadero, which has been put at risk by the deteriorating condition of Balboa Road. He was concerned that the road has been closed and continues to be closed, and without Balboa Road they cannot escape their neighborhood if their road is blocked. He asked Council to direct staff to proceed immediately to rehabilitate Balboa Road. CC Minutes 09/25/07 Page 6 of 9 Approved October 23, 2007 Eric Greening asked for a report when this comes back regarding an evacuation plan for non-drivers, and questioned if there were an evacuation plan for the area of the train tracks. low Dennis Wolf spoke about Balboa Road, as he lives there, and suggested a scrapper and rip rap would make it passable for emergencies, which is why he would use the road. Mayor Luna closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt staff's recommendation including having the department staff prioritize those items if they feel it is necessary and to incorporate the suggestions heard and come back with a report. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Joan O'Keefe spoke about the circumstances relating to the reinstatement of the Deputy Executive Director of Redevelopment, asked what his current job responsibilities are and reviewed his credentials. She stated it was time to give him back all of his previous duties. Lee Perkins spoke of a meeting she had with Council Member Clay regarding specific city municipal codes that needed updating, and of Council Member Clay's commitment to bring this up at a future strategic planning meeting. Eric Greening suggested moving Community Forum back to the beginning of the agenda and separating it into three parts by the amount of time speakers would need for their topics. He also updated the Council on the deadline for submission of grant applications for Proposition 1 B money. Tino Santos spoke about Vision Atascadero and questioned the relationship between that organization and Oppose Wal Mart. He suggested several roads in Atascadero that needed work, and commented on the Chamber of Commerce meeting at the Carlton Hotel that he attended and enjoyed. Mayor Luna closed the Community Forum period. Mayor Luna, Council Member Clay, and City Attorney Robert Schultz addressed issues raised during the Community Forum period. CC Minutes 09/25/07 Page 7 of 9 Approved October 23, 2007 COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Beraud referred to the employee satisfaction survey and suggested it r� would be appropriate for Council to draft a letter encouraging staff to fully participate in the survey and that Council will be supportive of the outcome. There was Council discussion of this suggestion. City Manager Wade McKinney stated staff could draft the letter, which would be Council directed and with all five signatures, to be distributed on the day of training. Mayor Luna spoke about the session on Campaign Finance Reform and asked what Council would like to do with the information received. He would prefer to have some time to think about what was said. There was Council discussion on this topic. Mayor Luna appointed Council Members O'Malley and Beraud to an ad hoc committee on campaign reform There was Council consensus to have the ad hoc committee move forward and report back in six months. Council Member Beraud spoke about a viewpoint article she wrote and sent to the Atascadero News, which refused to publish it. C. COMMITTEE REPORTS: Council Member Beraud 1. Integrated Waste Management Authority (IWMA): They are having some budget shortfalls and approved a .30 cent charge per San Luis Obispo County resident to cover the cost of the Household Hazardous Waste Program. D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney announced that the Wal Mart General Plan issue will be scheduled for the October 23rd City Council meeting. CC Minutes 09/25/07 Page 8 of 9 Approved October 23, 2007 E. ADJOURNMENT: Mayor Luna adjourned the meeting at 9:57 p.m. to the next regularly scheduled meeting of the City Council on October 9, 2007. MINUTES PREPARED BY: race Pucci, Deputy City Mrk CC Minutes 09/25/07 Page 9 of 9