Loading...
HomeMy WebLinkAboutMinutes 101204Approved November 9, 2004 CC Minutes 10/12/04 Page 1 of 15 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, October 12, 2004 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION – None 2. Call to Order CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9) a. Creekside Parcel Associates et al v City of Atascadero et al, San Luis Obispo Superior Court Case Number CV 020192 3. Adjourn 4. CLOSED SESSION REPORT City Manager Wade McKinney announced that no reportable action was taken. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. CC Minutes 10/12/04 Page 2 of 15 ROLL CALL: Present: Council Members Clay, O’Malley, Pacas, Scalise and Mayor Luna Absent: None Others Present: City Clerk / Assistant City Manager Marcia McClure Torgerson, and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Redevelopment Specialist Marty Tracey, Associate Planner Kelly Gleason and Interim City Attorney Tom Gibson Mayor Luna announced that Item #B-3 has been pulled from the agenda and will not be discussed tonight. COMMUNITY FORUM: Daphne Fahsing spoke about the large housing developments on the agenda tonight and their impacts on water usage, wildlife and tree removals. Eric Greening suggested a study session where the Atascadero Mutual Water Company could give its perspective on the rate and phasing of growth un der the General Plan. Mr. Greening announced that the Anza Trail Advisory Committee meeting has been moved to Santa Clara. Ann Ketcherside expressed concern about a second entrance to the 3F Meadows project, the lack of a Youth Center, the Printery and FEMA funds, and water shortage issues. Russ Thompson, R. Thompson Consulting, apologized for the error in compiling the mailing list for their project (agenda Item #B-3) and stated he would be happy to speak to anyone who was here for that item. Jon Loken referred to Item #B-3 pulled from tonight’s agenda and e xpressed his concerns regarding the noticing for the Planning Commission meeting and the proposed density for the site. CC Minutes 10/12/04 Page 3 of 15 Robert Amore requested the area of notification for Item #B-3 be increased, and expressed his concerns with density and disclosure regarding the surrounding farming area. There was Council consensus to increase notification for the Carrizo Road project (Item #B-3) beyond 300 feet to 1000 feet. Bill Bright expressed his concern with yard sale signs not being taken down after the sale. Daphne Fahsing asked if any consideration had been given to revert Entrada to a two- way street. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: Mayor Luna announced that Item #A-9 had been added to the agenda and Item #B -3 deleted. MOTION: By Council Member O’Malley and seconded by Mayor Pro Tem Scalise to approve the agenda as modified. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring October 23rd – 31st, 2004 – “Red Ribbon Week.” Mayor Luna read the Proclamation and presented it to Wayne Hansen who thanked Council for their support and spoke about Red Ribbon Week. 2. Proclamation declaring the month of October, 2004 – “Domestic Violence Awareness Month.” Council Member Pacas read the Proclamation and presented it to Police Chief John Couch who thanked Council on behalf of the North County Women’s Shelter Board and the Domestic Violence Task Force. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O’Malley spoke about Colony Days and the activities scheduled for the event. CC Minutes 10/12/04 Page 4 of 15 Council Member Clay asked Mayor Luna to accompany him to a meeting with Ken Weathers to discuss water issues. A. CONSENT CALENDAR: 1. City Council Meeting Minutes – September 14, 2004  City Clerk Recommendation: Council approve the City Council minutes of the meeting of September 14, 2004. [City Clerk] 2. ABC 2004-0003 Alcoholic Beverage Control License Club License Finding of Convenience or Necessity 1500 El Camino Real Atascadero Elks Lodge  Fiscal Impact: None.  Staff Recommendation: Council determine that the issuance of a “club license” for the on site consumption of alcohol at the Atascadero Elks Lodge located at 1500 El Camino Real will serve a public necessity. [Community Development] 3. Anza Trail Certification and Law Enforcement Agreements with National Park Service  Fiscal Impact: None.  Staff Recommendation: Council authorize the City Manager to enter into the two agreements with the National Park Service to continue certification of the Atascadero segments of the Anza National Historic Trail, and provide for law enforcement services on the Atascadero Trail Segments. [Community Services and Police] 4. Police Vehicle Purchase  Fiscal Impact: $66,938.13 including sales tax and mandatory California tire fee. Funds are provided in the 2004-2005 City Budget.  Staff Recommendation: Council authorize the purchase of three (3) replacement police vehicles from Villa Ford in Orange, California. [Police] 5. Purchase of Parcel 3 of Parcel Map 85-225 (Generally known as Creekside Lanes)  Fiscal Impact: Because the agency proposes to use its tax increment revenues to purchase Creekside Lanes pursuan t to Health and Safety Code Section 33445, the City will not experience any fiscal impact as a result of the proposed transaction.  Staff Recommendation: Council accept Summary Report on the purchase of Parcel 3 of Parcel Map 85-225 and approve draft Resolution, making the required findings and approving the purchase by the Community Redevelopment Agency. [City Manager’s Office] CC Minutes 10/12/04 Page 5 of 15 6. Oak Grove: 1225 El Camino Real Single Family Planned development Zone Change 2004-0082 (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.  Staff Recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2004 -0082 based on findings. [Community Development] 7. Road Closure – Colony Days Parade Route  Fiscal Impact: None.  Staff Recommendation: Council approve the draft Resolution authorizing the closure of El Camino Real from Curbaril to Traffic Way on Saturday, October 16, 2004 from 9:00 a.m. until 12:30 p.m. [Community Services] 8. Parks and Recreation Commission Appointments  Fiscal Impact: None.  Staff Recommendation: Council adopt on second reading, by title only, the draft Ordinance, amending Sections 2-13.01 and 2-13.03 of Atascadero Municipal Code relating to the appointment of Parks and Recreation Commission Members. [City Manager’s Office] 9. City Hall Annex – Design Services  Fiscal Impact: Cost based on time and material, not to exceed $41,900.00.  Staff Recommendation: Council authorize the City Manager to execute a contract for architecture and miscellaneous engineering services with BFGC Architecture for Phase I design services for the City Hall Annex. Items Pulled: Council Member O’Malley, Item #A-1; Mayor Luna, Items #A-5 and 8. MOTION: By Council Member Clay and seconded by Council Member O’Malley to approve Items #A-2, 3, 4, 6, 7 and 9. Motion passed 5:0 by a roll-call vote. (Pacas abstain on Item #A-9) (Exhibit A) (Item #A-3 Agreement Nos. 2004-027 and 2004-028, Item #A-6 Ordinance No. 464, Item #A-7 Resolution No. 2004-082) Item #A-1: Council Member O’Malley referred to his comments at the top of page 13 of the Council Minutes for 9/14/04 and read into the record additional comments to be included in the Minutes. (Exhibit B) MOTION: By Council Member O’Malley and seconded by Mayor Pro Tem Scalise to approve Item #A-1 as corrected. Motion passed 5:0 by a voice vote. CC Minutes 10/12/04 Page 6 of 15 Item #A-5: Council Member Pacas stepped down from consideration of this item. (Exhibit A) Mayor Luna stated he pulled this item to vote against it as he couldn’t make the finding that this is blight and because the City should not be converting potentially viable commercial uses to office uses and diminishing the recreational opportunities for youth. PUBLIC COMMENT Eric Greening stated he shared Mayor Luna’s concerns and added that the purchase price does not reflect the total economic impact because the city must do considerable additional work to the creek. Ann Ketcherside asked Council to take more time to consider the financial impacts of this purchase and stated this property would make an excellent youth center. Richard Shannon, Main Street Economic Restructuring Committee member, stated it is imperative to have the city keep their interim offices in the downtown area. Mayor Luna closed the Public Comment period. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to approve Item #A-5. Motion passed 3:1 by a roll-call vote. (Luna opposed) (Resolution No. 2004-081) Council Member Pacas rejoined the hearing. Item #A-8: Mayor Luna stated he pulled this item with the intention of voting no. Mayor Pro Tem Scalise indicated she has trouble with this, as it is not a true reflection of community input. Council Member O’Malley discussed the reasons for supporting five member commissions including, staff support for the idea, more efficient, reduces staff time and costs, more closely aligns with the policy making Council, five is fair while seven is leveraged toward the majority. Council Member Clay indicated that he prefers a seven member commission. Council Member Pacas stated she did not support cutting the Parks and Recreation Commission to five members. Council Member O’Malley suggested pulling this item and looking at both commissions at the next strategic planning session. PUBLIC COMMENT CC Minutes 10/12/04 Page 7 of 15 Eric Greening stated the Parks and Recreation Commission works very well and should not be tampered with, and agreed with discussing the issue at a future strategic planning session. Mayor Luna closed the Public Comment period. MOTION: By Council Member Clay to approve Item #A-8. Motion failed for lack of a second. MOTION: By Mayor Pro Tem Scalise and seconded by Mayor Luna to deny Item #A-8. Motion passed 5:0 by a roll-call vote. There was Council consensus to consider the makeup of both Commissions at the next strategic planning session. B. PUBLIC HEARINGS: 1. 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 2003-0108), Tentative Tract Map 2003-0035 (8870 West Front Road, 8760 Portola Road / Richard Shannon – West Front Properties)  Fiscal Impact: The project is conditioned to fund all of its in tract maintenance costs and contribute to the funding of emergency services. As conditioned, the project is projected to be revenue neutral to the City.  Planning Commission Recommendations: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0036; and, 2. Adopt Resolution B approving General Plan Amendment 2003 -0005 based on findings; and, 3. Introduce for first reading by title only, draft Ordinance A, to approving Zone Text Change 2003-0058 establishing a PD-23 overlay district based on findings; and, 4. Introduce for first reading by title only, draft Ordinance B, to approving Zoning Map amendment of the project site to Commercial Retail, Residential Multi-family–16/Planned Development-23, Residential Single Family- X/Historic Site, based on findings and subject to conditions of approval and mitigation monitoring; and, 5. Adopt Resolution C approving CUP 2003-0108, adopting the project Master Plan of Development by resolution (Exhibit A), based on findings and subject to conditions of approval and mitigation monitoring; and CC Minutes 10/12/04 Page 8 of 15 6. Adopt Resolution D approving Vesting Tentative Tract Map 2003-0035 based on findings and subject to conditions of approval and mitigation monitoring. [Community Development] Community Development Director Warren Frace gave the staff report, Deputy Community Development Director Steve McHarris provided the project description, and Public Works Director Steve Kahn spoke about traffic and drainage issues. Staff answered questions of Council. An addendum to Draft Resolution C was distributed to Council. (Exhibit C) John Knight, RRM Design Group, applicant’s representative, gave an overview of the project through a PowerPoint presentation and addressed issues raised by Council. Carmen Trudell, RRM Design Group, spoke about the architectural design of the project. Mayor Luna recessed the hearing at 9:21 p.m. Mayor Luna called the meeting back to order at 9:31 p.m. David Wolfe, environmental scientist and applicant’s representative, spoke about the wetlands on this site and the environmental determination. PUBLIC COMMENT Dan McGauley, Atascadero Fire Department, spoke on behalf of the Firefighters Association and expressed their concerns with noise, affordable housing, residential growth and loss of revenue producing commercial properties. Bobbie Wilson questioned the placement of stop signs and expressed concern with traffic issues. Hank Munari spoke on behalf of Mr. Litten, owner of El Camino Building Supply, asking Council to require a disclosure that the homes are located next to a commercial property. Hank Munari, Champions Health Club, indicated this project would be good for his business if the access between the hotel and Champions is kept open and asked for use of overflow parking. Richard Shannon, applicant, addressed several issues raised during the Public Comment period and presented a proposal for the timing of commercial development on this site. Mr. Shannon answered questions of Council. J.P. Patel, local hotel operator, expressed concern that Atascadero does not have the demand to support an additional hotel. CC Minutes 10/12/04 Page 9 of 15 Peter Gault, Fire Department Captain, spoke of the firefighters concern with the loss of commercial properties in Atascadero. Dan McGauley spoke again of his concern with the loss of commercial property and answered questions of Council. Mayor Luna closed the Public Comment period. There was Council discussion regarding this project. Council concerns included: 1. Council Member Pacas: Large loss to city inventory of commercial property, potential loss in number of affordable homes, and she does not see anything in this project to justify the conversion of commercial to residential. 2. Mayor Luna: Amendments to the General Plan must show a real benefit to commercial, this is marginal. Affordable housing as presented is not really what he considers affordable, and the water issue is critical at this time. 3. Council Member O’Malley: Cannot deviate from the staff recommendation regarding building the commercial, and agrees with the Planning Commission’s interpretation of the 20% for affordable housing. Would n eed to have more work done before be considers the units as proposed as affordable housing. 4. Council Member Clay: Was unsure if this property is actually prime commercial, however he was concerned about the housing being built without the hotel or commercial component. Mayor Pro Tem Scalise stated this site has been problematic for many years and the project as proposed is probably what is needed for this site. She cited as positive aspects the affordable units, improved circulation and signals and felt there was room for compromise. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to go past 11:00 p.m. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) PUBLIC COMMENT Richard Shannon addressed issues raised by Council and offered possible solutions. Dan McGauley reiterated that he would like to see the commercial built first. Kelly Gearhart spoke about the difficulty of r ecruiting for a commercial site and stated developers need the residential in order to bring in commercial. Richard Shannon proposed a possible solution/timetable for the development of the hotel and commercial component. CC Minutes 10/12/04 Page 10 of 15 Mayor Luna closed the Public Comment period. MOTION: By Mayor Luna and seconded by Council Member Pacas to deny General Plan Amendment 2003-005 based on findings. Motion failed 2:3 by a roll-call vote. (Clay, O’Malley, Scalise opposed) MOTION: By Mayor Pro Tem Scalise and Seconded by Council Member Clay approving the staff recommendation with the condition that the applicant come back to Council, with a timeline for the hotel to be built, by January 31, 2005. Motion failed 2:3 by a roll-call vote. (O’Malley, Pacas, Luna opposed) MOTION: By Council Member O’Malley and seconded by Mayor Luna to deny GPA 2003-0005 based on the findings. Motion passed 3:2 by a roll-call vote. (Clay, Scalise opposed) Mayor Luna recessed the meeting at 11:22 p.m. Mayor Luna called the meeting back to order at 11:27 p.m. 2. El Camino Real/Principal Avenue Mixed-Use GPA 2003-0008/ZCH 2003- 0070/ZCH 2004-0083 CUP 2003-0117/TTM 2003-0044 (Westpac Investments, Inc.)  Fiscal Impact: The project is conditioned to fund all of its in tract maintenance costs and contribute to the funding of emergency services. As conditioned the project is projected to be revenue neutral to the City.  Planning Commission Recommendations: Council: 1. Deny Resolution A certifying Proposed Mitigated Negative Declaration 2004- 0024; and, 2. Deny Resolution B approving General Plan Amendment 2003-0008 based on findings; and, 3. Deny Ordinance A introducing an ordinance for first reading by title only, to approve Zone Text Change 2003-0070 establishing a PD-24 overlay district based on findings; and, 4. Deny Ordinance B introducing an ordinance for first reading by title only, to approve Zone Change 2004-0083 based on findings; and, 5. Deny Resolution C approving Conditional Use Permit 2003-0117 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 6. Deny Resolution D approving Vesting Tentative Tract Map 2003-0044 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] CC Minutes 10/12/04 Page 11 of 15 Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. Public Works Director Steve Kahn discussed circulation and drainage issues for the project. Community Development Director Frace addressed the affordable housing component. Hamish Marshall, Westpac Investments, applicant, spoke about the Council’s direction given on May 11th and how they have complied with all requests. Mr. Marshall answered questions of Council. A handout was distributed to Council showing project revisions (Exhibit D). Carol Florence, project planner, gave an overview of the project, addressed the items that were changed, and distributed a handout of the applicant’s response to conditions of approval (Exhibit E) Ms. Florence stated she is authorized to distribute $1500 to neighbors for landscaping. Ms. Florence answered questions of Council. Don White, applicant’s architect, answered questions of Council. PUBLIC COMMENT Mary McCowan stated her opposition to the project, its incompatibility with the surrounding neighborhood and impacts to noise levels and pollution. Chuck Mackey expressed concern with loss of privacy and traffic impacts, and requested that a pet/animal stipulation be included in the deeds. Richard Sims stated his concerns about the removal of oak trees, location of the tot park, traffic, and loss of privacy. Craig Stevens questioned the amount of prime commercial being converted to residential and expressed concern with increased traffic on Augusta Avenue. Harold Peterson expressed concern regarding the noise created by his neighboring business and its possible effect on the residential development in this project. Geri Mackey stated her concerns with this project including loss of privacy and the safety of her children. Dan McGauley was concerned about the income producing commercial component of this project and would like it increased. Dave Morton stated he was concerned about loss of privacy and notification efforts. Mary McCowan spoke about water runoff from the project and requested that the noticing area be expanded. CC Minutes 10/12/04 Page 12 of 15 Richard Sims indicated he had not receive any notices on this project, and request ed a solid block wall for privacy and sound if this project is approved. Chuck Mackey spoke about water shortage issues and suggested the developer place the privacy trees on their side of the property. Hamish Marshall answered questions of Council. Brad Breckwald, applicant’s Civil engineer, spoke about the trees and traffic circulation through the site. Mayor Luna closed the Public Comment period. Mayor Luna stated he could not support this project, as it gives away valuable commercial property. He would like to see the details worked out with the neighborhood, and felt there was too much flexibility for staff with site design. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O’Malley to approve Resolution A certifying Proposed Mitigated Negative Declaration 2004-0024. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Resolution No. 2004-083) Council Member Pacas stated she understands the 41% figure, but does not feel it makes sense to include the park and creek as the commercial is not around that. She would like to think in terms of square footage which would put the figure a long way off. She stated this is not what she understood she was supporting at the May 11 th meeting. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to approve Resolution B approving General Plan Amendment 2003-0008 based on findings. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) Resolution No. 2004-084) MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O’Malley to adopt Ordinance A Introducing an ordinance for first reading by title only, to approve Zone Text Change 2003 - 0070 establishing the PD-24 overlay. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to approve Ordinance B introducing an ordinance for first reading by title only, to approve the Zone Change 2004-0083 based on findings. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) CC Minutes 10/12/04 Page 13 of 15 MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O’Malley to approve Resolution C approving Conditional Use Permit 2003-0117, which is the Master Plan of Development, based on findings and subject to Conditions of Approval and Mitigation Monitoring and to make changes on the Master Plan of Development as follows:  Condition No. 11: Revise language to reflect a shift of up to four (4) feet toward Principal Avenue to accommodate drive isle planters.  Condition No. 22: Drop “off site circulation” and add “interim.”  Condition No. 33: Add “…or as approved by the City Engineer.”  Condition No. 34: Revise approved to “improved.”  Condition No. 57: Delete “Prior to recording the tract map…”  Condition No. 59: Revise to read “…the applicant shall complete improvements required by these conditions of approval or bond for said improvements.” And, raise all of the second story windows to a height that is not intrusive to the neighbors line of sight and to include in the deed and CC&R’s all current commercial and agricultural uses and to leave open the offer by applicant of $1,500 per neighbor for additional landscaping. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Resolution No. 2004-085) MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O’Malley to approve Resolution D approving Vesting Tentative Tract Map 2003-0044 based on findings and subject to Conditions of Approval and Mitigation Monitoring including:  Condition No. 10: Drop “off site circulation” and add “interim.”  Condition No. 24: Add “…or as approved by the City Engineer.”  Condition No. 25: Revise approved to “improved.” Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Resolution No. 2004-086) CC Minutes 10/12/04 Page 14 of 15 3. 5310 Carrizo Rd. Single Family Planned Development Zone Change 2004- 0078, Master Plan of Development (CUP 2004-0126), Vesting Tentative Tract Map 2004-0048 (Griffin)  Fiscal Impact: The project is conditioned to fund all of its in tract maintenance costs and contribute to the funding of emergency services. As conditioned the project is projected to be revenue neutral to the City.  Planning Commission Recommendations: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0030; and, 2. Introduce for first reading by title only, draft Ordinance A, to approve Zone Change 2004-0078 based on findings; and, 3. Adopt Resolution B approving Conditional Use Permit 2004 -0126 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution C approving Vesting Tentative Tract Map 2003 -0048 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] THIS ITEM WAS PULLED FROM THE AGENDA. D. COMMITTEE & LIAISON REPORTS: Council Member Pacas 1. Atascadero Youth Task Force: had back to school kickoff last night and all Council Members were present. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney asked Council to recommend a time for interviewing law firms for the position of City Attorney. There was Council consensus to put off the interviews to after the election. CC Minutes 10/12/04 Page 15 of 15 F. ADJOURNMENT: Mayor Luna adjourned the meeting at 1:23 a.m. to the next regularly scheduled meeting of the City Council on October 26, 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 – Council Member Pacas, statement of abstention Exhibit B – City Clerk, correction to Item #A-1 Exhibit C – Community Development Department, addendum to Item #B-1 Draft Resolution C Exhibit D – Westpac Investments, handout re project revisions Exhibit E – Carol Florence, applicant’s response to conditions of approval