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HomeMy WebLinkAboutMinutes 012505 Approved February 22,2005 n 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 �ftr CC Minutes 01/25/05 Page 1 of 9 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. CC Minutes 01/25/05 Page 2 of 9 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 CC Minutes 01/25/05 Page 3 of 9 Approved February 22,2005 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] CC Minutes 01/25/05 Page 4 of 9 Approved February 22,2005 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. CC Minutes 01/25/05 Page 5 of 9 Approved February 22,2005 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 CC Minutes 01/25/05 Page 6 of 9 Approved February 22,2005 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. CC Minutes 01/25/05 Page 7 of 9 Approved February _ 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. CC Minutes 01/25/05 Page 8 of 9 Approved February 22,2005 ,%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 'r► CC Minutes 01/25/05 Page 9 of 9