HomeMy WebLinkAboutMinutes 012505 Approved February 22,2005
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CITY OF A TASCA DERO
CITY COUNCIL
MINUTES
Tuesday, January 25, 2005
700PM
CLOSED SESSION
(Immediately following Redevelopment Agency Meeting)
1 PUBLIC COMMENT— CLOSED SESSION - None
2. CALL TO ORDER
a. Conference with labor negotiator (Govt. Code Sec 54957 6)
Agency Negotiators. City Manager, Assistant City Manager
1%W Employee Organizations Department Heads, Mid-
Manage ment/Professional, Confidential, Atascadero Police Association,
Atascadero Fire Fighters Bargaining Unit, Service Employees Intl Union
Local 620
3. ADJOURN
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that no reportable action taken
REGULAR SESSION 7 00 P M.
Mayor Scalise called the meeting to order at 7 04 p m and Mayor Pro Tem O'Malley led
the Pledge of Allegiance
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Approved February 22,2005
ROLL CALL.
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
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, Community Development Director Warren Frace,
Public Works Director Steve Kahn, Community Services Director
Brady Cherry, Police Chief John Couch, Fire Chief Kurt Stone,
Redevelopment Specialist Marty Tracey, Deputy Community
Services Director Steve McHarris, Associate Planner Kelly
Gleason, Assistant Planner Lisa Wilkinson, and City Attorney
Patrick Enright.
Police Chief John Couch introduced Carol Robinson, 17 year veteran of the Police
Department recently promoted to Lieutenant.
COMMUNITY FORUM
Ann Ketcherside spoke about the Atascadero Bowling Alley as her preferred site for the
Youth Center, a family in Atascadero who had received eminent domain papers, and
the city budget.
Eric Greening expressed concern regarding the creek adjacent to bowling alley and the
cumulative impacts from several issues affecting the creek. He also asked for
clarification as to when and where the Council is adjourning
Mayor Scalise closed the Community Forum period.
APPROVAL OF AGENDA.
MOTION By Council Member Luna and seconded by Mayor Pro Tem
O'Malley to approve the agenda
Motion passed 5.0 by a roll-call vote.
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Approved February 22,2005
COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Clay commented about how many people are on the streets of
Atascadero at night now and how busy the Carlton is
A. CONSENT CALENDAR
1 City Council Meeting Minutes — December 14, 2004
■ City Clerk Recommendation Council approve the City Council meeting
minutes of December 14, 2004 [City Clerk]
2. Manhole Replacement Project
■ Fiscal Impact: Up to $67,000 00 in Wastewater Fund monies
■ Recommendations Council
1 Authorize the City Manager to execute a contract with Raminha
Construction in the amount of $55,598 00 for the replacement of four
deteriorated sewer manholes
2 Authorize the Director of Administrative Services to appropriate an
additional $67,000 00 in Wastewater Funds toward the completion of
the Manhole Replacement Project. [Public Works]
3. Single Family Planned Development Zone Change 2004-0078 (5310
Carrizo Rd./Griffin)
■ Fiscal Impact: The project is conditioned to fund all of its tract
maintenance costs and contribute to the funding of emergency services
As conditioned, the project is projected to be revenue neutral to the City
■ Recommendation Council adopt on second reading, by title only, draft
Ordinance A approving Zone Change 2004-0078 based on findings
[Community Development]
4. Final Map 2004-0069 (Tract 2525-1) Halcon Road (TTM 2003-0027) (R.W
Hertel and Sons)
■ Fiscal Impact: None
■ Recommendations Council
1 Accept Final Parcel Map 2004-0069 (Tract 2525-1), and
2 Reject, without prejudice to future acceptance
a. The offer of dedication for Right-of-Way for all streets and
highways shown on map, and
b The offer of dedication for Easements for Public Service, Storm
Drainage, and Sanitary Sewer; and
c The offer of dedication for Easement for Access and Utilities
(Strip 21, shown on map)
3 Authorize City Manager to execute Subdivision Improvement
Agreement; and
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4 Authorize City Manager to sign Agreements to Provide housing Units
*AW for Persons and Family of Low Income, and
5 Authorize City Manager to sign Subdivision Annexation and
Assessment and Parcel Tax Authorization Deferral Agreement; and
6 Authorize Public Works Director to sign Slope Easement Agreement;
and
7 Authorize Public Works Director to sign Sanitary Sewer Easement.
[Public Works]
Items pulled Council Member Luna, Item # A-2
MOTION By Council Member Clay and seconded by Council Member
Luna to approve Items #A-1, 3 and 4
Motion passed 5.0 by a roll-call vote. (O'Malley abstained on
Item #A-1) (Item #A-3 Ordinance # 467, Item #A-4(3) Contract
#2005-003)
Item #A-2
PUBLIC COMMENT
John Trevisano spoke about an accident his wife, Dr Marne Trevisano, had resulting
from a loose manhole cover in the Sunken Gardens
Mayor Scalise closed the Public Comment period.
Council Member Luna suggested the city do an inspection so there are no further
problems like the Trevisano's experienced
MOTION By Council Member Luna and seconded by Council Member
Clay to approve Item #A-2.
Motion passed 5.0 by a roll-call vote. (Contract#2005-002)
B PUBLIC HEARINGS
1 Appeal 2004-0004 of Tree Removal Permit TRP 2004-0054 (4110 Traffic
Way: Fkiaras)
■ Fiscal Impact: None
■ Recommendation Council uphold the Planning Commission decision
approving tree removal permit 2004-0054, a request to remove eight
native oak trees with the revised Seperado Avenue site plan that results in
saving tree #21, subject to the guidelines and mitigation requirements of
the Atascadero Native Tree Ordinance by adopting Draft Resolution A.
[Community Development]
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Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Russ Thompson, applicant's representative, gave a brief history of the project and
answered questions of Council
Marilyn Fkiaras, applicant, answered questions of Council Mrs Fkiaras stated they
would pave Seperado, but do not think it is fair She would like to leave as many trees
intact as they can
Ann Fletcher, Seperado resident, stated her reasons for objecting to this project taking
access from Seperado She requested the following conditions if the project is
approved 1) that the lot shall be the only lot within this subdivision to have approved
access from Seperado, and 2) that the owner, developer and/or the city upgrade and
pave Seperado from the Fikiaras' lot to San Jacinto including drainage facilities and
without the removal of any trees including the large tree at the end of the street, and
that the paving be done prior to the start of construction
Linda Campagi, Seperado resident, sited several reasons for not allowing access on
Seperado
Michaela Hines, Seperado resident, stated her reasons for opposing this project.
Alana Reynolds, Traffic Way resident, gave the reasons she is in favor of the project
having access from Seperado
Patricia Cooper Holyfield, Seperado resident, spoke against the project taking access
from Seperado
Linda Werg Seperado resident, asked the Council to consider buying back the property
and preserving it with tree funds
Harold Galvan, Seperado resident, expressed frustration that no one has taken
responsibility for maintaining the street and is concerned with water flow and erosion
Fred Dyste, Seperado resident, stated he does not want to see access onto Seperado
and suggested moving the footprint further down, taking access from the existing
driveway
Chip Tamagni, project arborist, gave the reasons why moving the footprint downhill
would impact more trees and stated the Seperado access would save the trees that
screen the home from Seperado
John Richardson, Seperado resident, questioned a tagged tree on the lot.
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Marilyn Fkiaras responded to several issues raised by previous speakers and stated
she would overlay the road only; she will not provide drainage and engineering
Chip Tamagni clarified the tagging of trees on the lot.
Patricia Cooper Holyfield questioned what would happen to those who live above the
project if the applicant paves from her property line to San Jacinto only
Mayor Scalise closed the Public Comment period.
Community Development Director Warren Frace and City Manager Wade McKinney
addressed questions raised during the Public Comment period
Council Member Luna stated he could support using tree fund monies to purchase the
lot, but can't support changing the Master Plan of Development for this one lot and
would like to look at ways to mitigate tree removals, erosion, etc
Council Member Clay agreed with adding a condition that states this is the only lot that
could take access off of Seperado
Mayor Pro Tem O'Malley indicated he could support Council Member Luna's suggestion
for the use of tree funds but would rather consider it at a strategic planning session
Mayor Scalise stated the time to pave the road is prior to occupancy not prior to
construction, and spoke about a program the city is working on to provide low interest
loans for street repair
MOTION By Council Member Clay and seconded by Mayor Scalise to uphold
the Planning Commission decision approving tree removal permit
2004-0054, a request to remove eight native oak trees with a
revised Seperado Avenue site plan that results in saving tree #21,
subject to the guidelines and mitigation requirements of the
Atascadero Native Tree Ordinance by adopting Draft Resolution A
and adding that the property owner will work with the City Engineer
to improve Seperado by a leveling course and two inch overlay,
approximately 18 feet wide, from their property to San Jacinto and
not removing or impacting the large tree at the entrance Paving of
that section will be done prior to certificate of occupancy
Council Member Pacas stated she does not have enough information regarding the
grade on Seperado Additionally according to this PD, the road must be brought up to
city standards not just improved with a 2-inch overlay
Council Member Luna stated the Master Plan of development makes it clear that access
would be taken from Traffic Way, and he thinks there is a large amount of tree removals
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with no guarantee that the house will not create substantial erosion He stated he
cannot support the Motion and that the only way out is to have the city purchase the lot
with tree funds
MOTION By Council Member Clay and seconded by Mayor Scalise to
uphold the Planning Commission decision approving tree
removal permit 2004-0054, a request to remove eight native
oak trees with a revised Seperado Avenue site plan that
results in saving tree #21, subject to the guidelines and
mitigation requirements of the Atascadero Native Tree
Ordinance by adopting Draft Resolution A and adding that the
property owner will work with the City Engineer to improve
Seperado by a leveling course and two inch overlay,
approximately 18 feet wide, from their property to San Jacinto
and not removing or impacting the large tree at the entrance.
Paving of that section will be done prior to certificate of
occupancy
Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed)
(Resolution #2003-005)
There was Council consensus to direct staff to look at an amendment to the
master plan of development to not allow any other access onto Seperado at this
end.
C MANAGEMENT REPORTS
1 Interim Urgency Ordinance Establishing a Moratorium on Medical
Marijuana Dispensaries
■ Fiscal Impact: None
■ Recommendation Council adopt the draft interim urgency Ordinance
(Attachment A) establishing a moratorium on medical marijuana
dispensaries [Police Department]
Police Chief John Couch gave the staff report and answered questions of Council
PUBLIC COMMENT
Eric Greening stated that more information is needed on statistics from other locations
where these dispensaries exist, and that action should not be taken before a full report
is available
Mayor Scalise closed the Public Comment period.
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MOTION By Council Member Clay and seconded by Mayor Scalise to
adopt the draft interim urgency Ordinance (Attachment A)
establishing a moratorium on medical marijuana dispensaries.
Motion passed 5:0 by a roll-call vote. (Ordinance#468)
Council Member Luna stated he voted for the 45 days, but will not stand in opposition to
the will of the people and if staff does not come back with an ordinance with the
conditions that would allow it someplace in the city, he will not vote to extend it.
D COMMITTEE & LIAISON REPORTS
Mayor Scalise
1 County Mayor's Round Table Discussed the county's assessment on the
vector control district.
2 Local Agency Formation Commissions (LAFCO) Looking at the San Luis
Obispo update for annexations, and at the Nacimiento, San Miguel and
Templeton areas
Mayor Pro Tem O'Malley
1 Air Pollution Control District (APCD) Board will be selecting new officers for
the upcoming year
2 Economic Vitality Corporation, Board of Directors (EVC) Board will be
selecting a new Executive Director
3 League of California Cities — Grassroots Network: Met with Abel Maldonado
and Sam Blakeslee regarding the traffic light on San Gabriel Atascadero has
been complimented for their support of League activities and is being
suggested as a model for the state for fundraising activities to support the
League
Council Member Clay
1 S L.O County Flood Control & Water Conservation District Water Resources
Advisory Committee Restrictions have been lifted
E. INDIVIDUAL DETERMINATION AND/OR ACTION
City Manager
City Manager Wade McKinney announced the Strategic Planning will be at 7.00
on Friday evening and 8 30 Saturday morning, Lake Park Ranger House, this is
a specially noticed meeting and it is not necessary to adjourn to it.
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,%NW F ADJOURNMENT
Mayor Scalise adjourned the meeting at 9.31 p m to the next regularly scheduled
meeting of the City Council on February 8, 2005
MEETING RECORDED AND MINUTES PREPARED BY
Grace Pucci, Deputy City Clerk
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