HomeMy WebLinkAboutMinutes 092804Approved October 26, 2004
CC Minutes 09/28/04
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, September 28, 2004
5:30 P.M.
STUDY SESSION: 5:30 P.M.
1. Earthquake Recovery
Discussion of Printery “alternate project” opportunities.
2. Discussion of Potential Redevelopment Projects
Study Session report:
1. Mayor Luna reported that Council unanimously affirmed it would not challenge
giving the Printery back to the Masons, and Council unanimously decided to take
the FEMA funds of $6.3 million and use it on an improved project – the Youth
Center.
2. Redevelopment Agency Chairperson O’Malley reported that the Agency had
prioritized seven potential redevelopment projects. The results are as follows:
1. City Hall Renovation
2. Purchase of City Hall annex
3. Lewis Avenue Bridge
4. Sunken Gardens
5. Downtown parking
6. Lake water quality
7. Pedestrian bridge.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
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Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Pacas led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O’Malley, Pacas, Scalise 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, Administrative Services Director
Rachelle Rickard, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Fire Chief Kurt Stone, Acting Police Chief John
Couch, Deputy Public Works Director Geoff English , Deputy
Community Development Director Steve McHarris, Redevelopment
Specialist Marty Tracey, Associate Planner Kelly Gleason,
Associate Planner Kerry Margason, Assistant Planner Lisa
Wilkinson and Interim City Attorney Tom Gibson.
COMMUNITY FORUM:
Pastor Carl Billings, Hope Lutheran Church, led those present in prayer.
Ann Fletcher expressed concern regarding agenda Item B-1 and requested that a
formal agenda item be placed so that access concerns can be addressed prior to the
tree removal permit.
Jim Patterson, invited all those present to attend the 7th Annual Creek and River
Cleanup on Saturday, October 2, and distributed a flyer to Council. (Exhibit A)
Eric Greening asked if there would be public comment during the Vector Control District
item.
Steve Martin, Executive Director Atascadero Main Street, reported on issues relating to
Traffic Way and invited Council to attend a tour of downtown tomorrow in conjunction
with the visit of the California Downtown Association.
Leon Korba commented on the hiring of a new Assistant City Manager and asked how
many people work for the City of Atascadero.
Robert Bray asked when the Youth Center would be built and where it would be located.
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Diana Boswell questioned the City’s purchase of a downtown property and asked about
parking structures/lots in other cities.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Council Member
O’Malley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Formation of a County Vector Control District
Fiscal Impact: None
Staff Recommendations: Council:
1. Adopt draft Resolution requesting that the County Board of Supervisors
support the formation of a Vector Control District; and,
2. Adopt draft Resolution requesting that the elected representatives of the
United States and the State of California allocate funds to research, monitor
and eliminate West Nile virus in California. [City Manager]
PUBLIC COMMENT
Eric Greening stated the County Supervisors had addressed this issue and had
continued the item for further information and urged caution about endorsing this before
Council knows the position taken by the Supervisors on this information.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O’Malley and seconded by Mayor Pro Tem
Scalise to adopt draft Resolution requesting that the County
Board of Supervisors support the formation of a Vector
Control District; and, adopt draft Resolution requesting that
the elected representatives of the United States and the State
of California allocate funds to research, monitor and eliminate
West Nile virus in California.
Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2004-
075 and 2004-076)
Council Member O’Malley asked for Council consensus on staff preparing and bringing
back a report on a gray water policy for the city.
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There was Council consensus for staff bringing back a report on large and small
scale options for dealing with gray water.
Council Member O’Malley suggested the Finance Committee work with staff to look at
the Tausig Study and its formulas in depth and report back to Council at a future time.
There was Council consensus to have a presentation to the entire Council on the
Tausig Study as to how the formulas work, and how it is implemented.
Council Member Clay expressed his concerns with the San Gabriel/41 intersection and
asked Council to agree to have the Public Works Director study the intersection and do
a cost analysis on putting in a traffic light.
There was Council consensus to have the Public Works Director bring back a
cost analysis on what it would take to light the intersection of San Gabriel Road
and Highway 41 and additionally to report on the process needed to have
Caltrans consider installing the light.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – August 24, 2004
City Clerk recommendation: Council approve the City Council
minutes of the meeting of August 24, 2004. [City Clerk]
2. August Disbursements
Fiscal Impact: $1,721,989.45
Staff Recommendation: Council approve certified City accounts
payable, payroll and payroll vendor checks for August 2004. [City
Treasurer]
3. Dove Creek Mixed Use Development Zone Text Change 2003-0049, Zone
Map Change 2004-0085, (Santa Barbara Road & El Camino Real / Bermant
Development Company)
Fiscal Impact: The project will be fiscally neutral with implementation of CUP
Conditions 25, 26 and an added condition placing performance req uirements
on the proposed commercial center.
Staff Recommendations: Council:
1. Adopt on second reading, by title only, the attached Draft Ordinance A,
enacting Zone Change 2003-0049 amending the PD-12 overlay zoning
district text; and,
2. Adopt on second reading, by title only, the attached Draft Ordinance B,
amending zoning of the project site to include Multi-Family Residential – 10 /
Commercial Retail / Open Space / PD-12. [Community Development]
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4. Police Vehicle Audio / Video Recording System
Fiscal Impact: $86,164.50 ($71,000 funded by California Law Enforcement
Equipment Purchase (CLEEP) and $15,164.50 funded by the 2003/2004
Supplemental Law Enforcement Services)
Staff Recommendation: Council authorize the purchase of the “Vision Hawk”
digital in-car video evidence system and data storage server from
International Police Technologies. [Police]
5. La Linia Avenue Rehabilitation – Bid No. 2004-011
Fiscal Impact: $173,780.00.
Staff Recommendation: Council authorize the City Manager to execute a
contract with R. Burke, Corp., in the amount of $173,780.00 for the La Linia
Avenue Rehabilitation Project. [Public Works]
6. Annual Street Striping Award
Fiscal Impact: Approval of this agreement will result in the expenditure of
$50,808.75 in previously allocated funds in the 2004/2005 budget and
additional Gas Tax Funds for the extra work.
Staff Recommendations: Council
1. Authorize the City Manager to execute a contract with Central Coast
Striping in the amount of $50,808.75.
2. Authorize the City Manager to execute Change Order # 1 with Central
Coast Striping in the amount of $3,187.00 for the placement of slurry seal and
angled parking on Entrada Ave.
3. Authorize the Administrative Services Director to appropriate additio nal
funds from the Gas Tax Fund for Change Order # 1. [Public Works]
7. Final Map 2004-0092 (Tract Map 2649) [TTM 2004-0049]
Tecorida Ave. (Graves / Wilson
Fiscal Impact: None
Staff Recommendations: Council:
1. Accept Final Map 2004-0092 (Tract Map 2649); and,
2. Reject offers of dedication for public utility easements without
prejudice to future acceptance.
3. Authorize City Manager to execute Subdivision Improvement Agreement.
[Public Works]
Items pulled: Item #A-3, Mayor Luna; Item #A-4, Council Member O’Malley.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to approve Items #A-1, 2, 5, 6 and 7.
Motion passed 5:0 by a roll-call vote. (Item #A-5 Contract No.
2004-024, Item #A-6 Contract No. 2004-025, Item #A-7 Contract
No. 2004-026)
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Item #A-4: Council Member O’Malley expressed his concern regarding the security of
the digitized audio/video recording system and long term storage. Acting Police Chief
Couch gave a brief report on the system.
MOTION: By Council Member O’Malley and seconded by Mayor Pro Tem
Scalise to approve Item #A-4.
Motion passed 4:0 by a roll-call vote. (Pacas absent having
temporarily left the room)
Item#A-3: Mayor Luna questioned changes to the Master Plan as agreed on by
Council at the first reading of this item. Community Development Director Warren Frace
explained the staff recommendation.
Mayor Luna spoke about the rules and constraints governing the way in which items
coming before Council can be opposed.
PUBLIC COMMENT
Eric Greening expressed concern that if Council sets the precedent that projects with
Class I impacts get negative declarations and then referencing all overriding
considerations in the General Plan, less well thought out projects may get approved.
Marge Mackey stated the Dove Cemetery should not be moved; the project should be
designed around it making it a pocket park and dedicated to open space.
Dan McGauley, Atascadero Fire Fighter’s Association, stated the Association’s concern
with the decrease of commercial property available for development .
Community Development Director Warren Frace gave a brief report on the Dove Creek
project and addressed the legal procedures that were followed for this project.
Bruce Buckingham, Bermant Development, applicant, addressed questions of Council
and stated their intentions regarding the Dove Cemetery.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O’Malley and seconded by Mayor Pro T em
Scalise to approve Item #A-3.
Motion passed 5:0 by a roll-call vote. (Ordinances Nos. 462
and 463)
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B. PUBLIC HEARINGS:
1. Appeal 2004-0004 of Tree Removal Permit TRP 2004-0054(4110
Traffic Way: Fkiaras)
Fiscal Impact: None
Staff Recommendation: Council uphold the Planning Commission decision
approving tree removal permit 2004-0054 a request to remove seven native
oak trees subject to the guidelines and mitigation requirements of the
Atascadero Native Tree Ordinance by adopting Draft Resolutio n A.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Mayor Luna recessed the hearing at 8:30 p.m.
Mayor Luna called the meeting back to order at 8:41 p.m.
PUBLIC COMMENT
Ellen Beraud, Atascadero Planning Commissioner and appellant, explained her reasons
for filing an appeal of the Planning Commission decision.
Linda Campagie, Seperado resident, spoke about prior precedents established for this
area and urged Council to require access onto Traffic Way.
Ann Fletcher, Seperado resident, spoke about code violations that have occurred during
the development of lot 30 and asked that Council require Seperado homeowners to
approve access to Seperado for this site or bring the road up to City standards and
maintain that road.
Interim City Attorney Tom Gibson, Community Development Director Frace and Public
Works Director Kahn addressed issues raised by Ms. Fletcher.
Harold Galvin, Seperado resident, expressed his concerns with this project including
tree removals, water runoff, narrowness of Seperado and safety during construction.
Linda W argo, Seperado resident, spoke about her objec tions to access from Seperado
and the precedent it would set.
Patricia Cooper Holyfield, Seperado resident, spoke about impacts from this project to
wildlife, trees and to the peaceful enjoyment of her property.
John Richardson, Seperado resident, questioned the location of the city easement and
stated his objections to allowing access through a tree removal permit.
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Robert Bray, Traffic Way resident, expressed concern with the tree removals and the
possibility of his view being obscured by retaining walls.
Michaela Hines, Seperado resident, spoke about her concerns and requested that the
project be looked at again to see if there is a more site sensitive location for house.
Eric Greening expressed concern about the precedent that may be set by changing
access, stating the challenge is finding a better design for the lot, not a back way in.
Freddy Guyer spoke about the difficulty of developing some lots in Atascadero and that
it is better to save trees than to develop these sites.
John Stafford, Traffic Way resident, stated the city must look at several issues including
city maintenance of Seperado and removal of the carport at the end of Seperado.
Marilyn Fkiaras, applicant for tree removal, spoke about what she h as done to develop
her property, stating she is caught in middle between the City and Seperado residents.
Brady Roark, project architect, distributed a handout to Council regarding this project
(Exhibit B), and spoke about his plan for the site.
Alissa Bray, Traffic Way resident, spoke about her concern regarding the impacts to the
soil as a result of the tree removals.
John Richardson asked for clarification on the location of a tree within the 30 foot
easement.
Ann Fletcher addressed several issues raised following her initial comments.
Patricia Cooper Holyfield addressed the issue s of fire truck turnaround access and
erosion.
Ellen Beraud stated that if Seperado is considered an acceptable access point , it would
be a change in the Master Plan of Development requiring this issue to go back to the
Planning Commission for a public hearing. She strongly believes access must be
decided on before the tree removable permit is considered.
Michaela Hines stated that the Master Plan requires neighborhood approval, and
perhaps should be reviewed by Council before making their decision.
Mayor Luna closed the Public Comment period.
Mayor Luna stated that he could not make the finding that the tree is obstructing
proposed improvements that cannot be reasonably redesigned to avoid the need for
tree removal.
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MOTION: By Council Member Pacas and seconded by Mayor Luna for City
Council to continue the hearing, refer the project back to staff and
that staff look at development of the lot minimizing the impacts on
the native trees using access off of Traffic Way.
Mayor Pro Tem Scalise stated she was reticent to support the motion as there were
some openings for compromise, and she is concerned with the grade if access is taken
off of Traffic Way.
Council Member O’Malley proposed additions to the motion allowing the Fire Chief and
City Attorney to consider a variance to the fire ordinance related to slope, to direct staff
to remove anything in the right of way on that public road, and give the neighborhood
the opportunity to consider a road maintenance agreement.
Council Member Pacas stated she was willing to look at a variance for the grade but
nothing further.
MOTION: By Council Member Pacas and seconded by Mayor Luna for
City Council to continue the hearing, refer the project back to
staff and that staff look at development of the lot minimizing
the impacts on the native trees using access off of Traffic Way
and that staff look at a variance for the grade.
Motion passed 4:1 by a roll-call vote. (Scalise opposed)
2. Westpac Mixed Use Project General Plan Amendment 2003-0008 / Zone
Change 2003-0070 / Zone Change 2004-0083 / Zone Change 2004-0084 /
Conditional Use Permit 2003-0117 / Tentative Tract Map 2003-0044: 9105
Principal Ave.
Staff Recommendation: Council continue General Plan Amendment GPA
2003-0008 to the October 12, 2004 Council Meeting. [Community
Development]
PUBLIC COMMENT – None
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to continue General Plan Amendment GPA 2003-
0008 to the October 12, 2004 Council meeting.
Motion passed 5:0 by a roll-call vote.
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3. West Front Mixed Use Development General Plan Amendment 2003-0005,
Planned Development Zone Code Text 2003-0058, Mixed Use Planned
Development Zone Change 2003-0088, Master Plan of Development (Cup
2004-0108), Tentative Tract Map 2003- 0035: 8870 West Front Road)
Staff Recommendation: Council continue General Plan Amendment GPA
2003-0005 to the October 12, 2004 Council Meeting. [Community
Development]
PUBLIC COMMENT – None
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to continue General Plan Amendment GPA 2003-
0005 to the October 12, 2004 City Council meeting.
Motion passed 5:0 by a roll-call vote.
4. Oak Grove: 1225 El Camino Real Single Family Planned Development Zone
Change 2004-0082, Master Plan of Development (CUP 2004-0130),
Vesting Tentative Tract Map 2004-0054 (24 El Camino Partners, LP)
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.
Planning Commission Recommendations: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2004-0022; and,
2. Introduce for first reading, by title only, draft Ordinance A approving Zone
Change 2004-0082 based on findings; and,
3. Adopt draft Resolution B approving Conditional Use Permit 2004-0130 to
include the Master Plan of Development (EXHIBIT B) based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-
0054 based on findings and subject to Conditions of Approval and Mitigation
Monitoring. [Community Development]
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council. Community Development Director Warren Frace
addressed the Master Plan of Development and the 10% policy. (Exhibit C)
PUBLIC COMMENT
Larry Werner, North Coast Engineering, applicant’s representative, spoke about the
project and preservation of oak trees on the site.
Mayor Luna closed the Public Comment period.
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MOTION: By Council Member O’Malley and seconded Mayor Pro Tem
Scalise to adopt Resolution A certifying Proposed Mitigated
Negative Declaration 2004-0022; and, introduce for first
reading, by title only, draft Ordinance A approving Zone
Change 2004-0082 based on findings; and, adopt draft
Resolution B approving Conditional Use Permit 2004-0130 to
include the Master Plan of Development (Exhibit B) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt draft Resolution C approving Vesting
Tentative Tract Map 2003-0054 based on findings and subject
to Conditions of Approval and Mitigation Monitoring with the
following modification:
Condition of Approval No. 4, page 165 of staff report, final
sentence changed to read: The Planning Commission shall
have the final authority to approve any other changes to the
Master Plan of Development and any associated Tentative
Maps.
Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2004-
077, 2004-078, 2004-079)
5. Parks & Recreation Commission Appointments
Fiscal Impact: None
Staff Recommendations: Council:
1. Introduce for first reading, by title only, the draft Ordinance, amending
Sections 2-13.01 and 2-13.03 of the Atascadero Municipal Code relating to
the appointment of Parks and Recreation Commission Members; and,
2. Adopt draft Resolution, adopting revised procedures for the selection of
Committee, Commission and Board Members. [City Manager]
City Manager Wade McKinney gave a brief staff report.
MOTION: By Council Member O’Malley and seconded by Council Member
Clay to introduce for first reading, by title only, the draft Ordinance,
amending Sections 2-13.01 and 2-13.03 of the Atascadero
Municipal Code relating to the appointment of Parks and
Recreation Commission Members; and, adopt draft Resolution,
adopting revised procedures for the selection of Committee,
Commission and Board Members, and aligning dates to December
to be consistent with other appointments.
Mayor Pro Tem Scalise stated she would not support the motion, indicating that the
Commissioners do not agree with this change, more input from the Commissions is
needed, and seven members is manageable with a wider outreach to the community.
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MOTION: By Council Member O’Malley and seconded by Council
Member Clay to introduce for first reading, by title only, the
draft Ordinance, amending Sections 2-13.01 and 2-13.03 of the
Atascadero Municipal Code relating to the appointment of
Parks and Recreation Commission Members; and, adopt draft
Resolution, adopting revised procedures for the selection of
Committee, Commission and Board Members, and aligning
dates to December to be consistent with other appointments.
Motion failed 2:3 by a roll-call vote. (Pacas, Scalise, Luna
opposed)
Council Member O’Malley proposed to staff that they bring back a similar motion
implementing five person Commission appointments for Parks and Recreation and
Planning Commission.
Mayor Pro Tem Scalise asked Council Member O’Malley if he would wait 24 months
before taking on the Planning Commission if she were to change her vote and agree to
five members for the Parks and Recreation Commission.
Council Member O’Malley stated he has no intention of bringing up the Planning
Commission any time soon.
Interim City Attorney Tom Gibson explained that a motion for reconsideration must be
made by the prevailing side.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to introduce for first reading, by title only, the draft
Ordinance, amending Sections 2-13.01 and 2-13.03 of the
Atascadero Municipal Code relating to the appointment of
Parks and Recreation Commission Members; and, adopt draft
Resolution, adopting revised procedures for the selection of
Committee, Commission and Board Members, and aligning
dates to December to be consistent with other appointments.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Resolution No. 2004-080)
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to go past 11:00 p.m.
Motion passed 3:1 by a roll-call vote. (Luna opposed, Pacas
abstained)
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6. Purchase of Parcel 3 of Parcel Map 85 -225 (Generally Known as
Creekside Lanes)
Fiscal Impact: No fiscal impact to the City.
Staff Recommendation: Council approve Community Redevelopment Agency
purchase of Parcel 3 of Parcel Map 85 -225 (generally known as Creekside
Lanes) for the purchase price of $1,300,000. [City Manager]
Council Member Pacas stepped down from consideration of this item as she is
employed within 500 feet of the parcel. (Exhibit D)
City Manager Wade McKinney provided a brief staff report.
Mayor Luna stated he does not see anything from the redevelopment plan’s objectives
or implementation sections that make this consistent with the redevelopment plan.
PUBLIC COMMENT – None
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to approve Community Redevelopment Agency
purchase of Parcel 3 of Parcel Map 85-225 (generally known as
Creekside Lanes) for the purchase price of $1,300,000.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
C. COMMITTEE & LIAISON REPORTS:
Mayor Luna
1. County Mayor's Round Table: meets Friday, 11:30 a.m., all Mayors and
Mayor Pro Tem’s along with the media is invited to be educated on
Proposition 1A.
Mayor Pro Tem Scalise
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): meets Wednesday, will be reviewing regional transit.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Pro Tem Scalise stated that Atascadero State Hospital is getting
overcrowded, and asked if Council would be amenable to sending a letter on
behalf of the Hospital to the state letting them know Council is aware of
overcrowding and are concerned about it.
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There was Council agreement to forward a letter to the state, and Mayor Pro
Tem Scalise will obtain a sample letter for staff.
E. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:16 p.m. to the next regularly scheduled
meeting of the City Council on October 12, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
______________________________________________
Grace Pucci, Deputy City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – Jim Patterson, Creek Days flyer
Exhibit B – Brady Roark, documentation for tree removal
Exhibit C – Community Development Director Frace, copy of slide – Master Plan 10% Policy
Exhibit D – Council Member Pacas, statement of abstention