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Home My WebLink AboutMinutes 022205 Approved March 229 2005 11 191$' 19 CITY OF A TASCADERO CITY COUNCIL MINUTES Tuesday, February 22, 2005 700PM REGULAR SESSION Mayor Scalise called the meeting to order at 7 00 p m and led the Pledge of Allegiance There was a moment of silence for former Atascadero Mayor Bob Lilley who passed away this week. 1%W 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 Torgersu u Deputy City Clerk Grace Pucci Staff Present: Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Executive Director of the Redevelopment Agency Marty Tracey, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Administrative Assistant Valera Humphrey and City Attorney Patrick Enright. COMMUNITY FORUM Marjorie Mackey distributed pictures to the Council and expressed her conce9 regarding PD-7's that are being built around original Colony homes (Exhibit A) CC Minutes 02/22/05 Page 1 of 10 i ,%we Eric Greening spoke about the assumption that the schools will be leaving the downtown to be replaced by retail businesses and suggested there be a full discussion before this should occur Mayor Scalise closed the Community Forum period, APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Mernh6rr Pacas to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS 1 Proclamation declaring Atascadero "Tree City USA— 2005" Council Member Luna read the Proclamation and presented it to Joan O'Keefe, President of the Atascadero Native Tree Association Mrs O'Keefe encouraged those present to plant blue oaks and valley oaks COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Pro Tem O'Malley distributed a postcard showing an example of a city entrance sign Mayor Scalise recognized City Attorney Patrick Enright for his promotion in the Law Firm of Kronick, Moskovitz, Tiedemann & Girard, and announced that Council will look at the process of renaming Traffic Way at their March 8th meeting A. CONSENT CALENDAR 1 City Council and Planning Commission Special Joint Meeting Minutes January 6, 2005 ■ City Clerk Recommendation Council approve the City Council and Planning Commission special joint meeting minutes of January 6, 2005) [City Clerk] CC Minutes 02/22/05 Page 2 of 10 2. City Council and Planning Commission Special Joint Meeting Minutes January 25, 2005 ■ City Clerk Recommendation Council approve the City Council and Planning Commission special joint meeting minutes of January 25, 2005 [City Clerk] 3. City Council Meeting Minutes —January 25, 2005 ■ City Clerk Recommendation Council approve the City Council meeting minutes of January 25, 2005 [City Clerk] 4. City Council Annual Strategic Planning Workshop Minutes — Januad� 28-29, 2005 ■ City Clerk Recommendation Council approve the City Council Annual Strategic Planning Workshop meeting minutes of January 28-29, 2005 [City Clerk] 5 City Council Strategic Planning Notes —January 2005 ■ Fiscal Impact: None ■ Recommendation Council receive and file the Council's Strategic Planning Notes for January 2005 [City Manager] 6. December 2004 Treasurer's Report ■ Fiscal Impact: None ■ Recommendation. Council approve the City Treasurer's report for December 2004 [City Treasurer] 7 Parks and Recreation Commission Appointments / Amend Resolution of Procedures for the Selection of Commissioners ■ Fiscal Impact: None ■ Recommendation. Council adopt draft Resolution, adopting revised procedures for the selection of Committee, Commission and Board Members [City Manager] 8. Amendment Extending the Boat Rental Concessions Agreement at Atascadero Lake Park ■ Fiscal Impact: Approximately $5,00000 in revenue for the City of Atascadero ■ Recommendation. Council authorize the City Manager to sign an Amendment to the Atascadero Lake Boat Rental Concessions Agreemen'E, with Lloyd Reeves, Atascadero Kayak & Sail, Inc., extending thr: Agreement for one additional year [Community Services] Items pulled Mayor Pro Tem O'Malley, Items #A-4 and 5, Eric Greening, Item #A-4 Vin► CC Minutes 02/222/05 Page 3 of 10 Item #A-4 and 5 Mayor Pro Tem O'Malley commented that the Minutes of the Strategic Planning Session were quite brief and he would like to see more detail in the future PUBLIC COMMENT Eric Greening referred to Page 5 of the Strategic Planning Workshop Minutes and asked that his comments be corrected to reflect that he stated a "Transit Center" should not be located in the downtown Mayor Scalise closed the Public Comment period. MOTION By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 5, 6, 7 and 8. Motion passed 5.0 by a roll-call vote. (Pacas abstained an Item #A-1)(Item #A-7 Resolution No. 2005-006) B PUBLIC HEARINGS 1 Atascadero Avenue Planned Development: Vintage Homes, ZCH 2004- 0086/CUP 2004-0132/TTM 2004-0055 (Caliber Home Developments) ■ Fiscal Impact: Based upon the conditions of approval, the project would have a slight negative impact on the General Fund ■ Recommendations. Planning Commission Recommends Council 1 Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0050; and, 2 Introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2004-0086 establishing a PD-25 Overlay District based on findings and with staff recommend change to parking requirements, and, 3 Introduce for first reading, by title only, draft Ordinance B approving; Zone Change 2005-0095 based on findings, and, 4 Adopt B approving Conditional Use Permit 2004-0132 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, 5 Adopt Resolution C approving Vesting Tentative Tract Map 2004-0055 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 Public Works Director Steve Kahn explained the sits= drainage conditions i CC Minutes 02/22/05 Page 4 of 10 PUBLIC COMMENT Loretta Azel asked where on Atascadero Avenue the project was located Mayor Scalise closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0050, and, introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2004-0086 establishing a PD-25 Overlay District based on findings and with staff recommended change to parking requirements as follows. 1 Page 81, Item V i to read as follows 2 spaces per unit for units with less than 4 bedrooms One additional space for each additional bedroom All spaces must be located on the individual lot. and, introduce for first reading, by title only, draft Ordinance B approving Zone Change 2005-0095 based on findings, and adopt Resolution B approving Conditional Use Permit 2004- 0132 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, W and, adopt Resolution C approving Vesting Tentative Tract Map 2004-0055 based on findings and subject to Conditions of Approval and Mitigation Monitoring and noting the following, changes. 1 Page 164, Condition #25, and page 189, Condition #16 shall be changed to read Provide for retention of up to a 50 year storm event or detention of a 50 year storm event with the, release to a two year event out to the existing storm drah in Atascadero Avenue. Motion passed 5.0 by a roll-call vote. (Resolution No.'s 2005- 007, 2005-008, 2005-009) 005- 007, 2005-008, 2005-009) C MANAGEMENT REPORTS 1 Via Tortuga and Calle Refugio Request for Road Acceptance ■ Fiscal Impact: None ■ Recommendation. Council reject the request to accept the offers dedication of Via Tortuga and Calle Refugio [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council 1t • CC Minutes 02/22/05 Page 6 of 10 PUBLIC COMMENT Dennis Law, developer's representative, distributed a letter from Chicago Title Company (Exhibit B), and explained why the Council should vote to accept the offer of dedication for Via Tortuga and Calle Refugio Mr Law answered questions of Council Dennis Schmidt, Central Coast Engineering, distributed a handout to Council (Exhibit C), gave a history of the project and explained why these roads were not meant to be private Mr Schmidt answered questions of Council Eric Greening made suggestions for future Council agenda items to deal with this issue including creating a written policy for road acceptance, and looking at the vehicle license fee for streets and transportation needs Clark Iverson, developer, stated that no one ever told him that the roads would not be accepted, and spoke about the original staff recommendation regarding the road Alex Zanini, Via Tortuga resident, explained why the City should accept the offer o� dedication Kevin Campion, Via Tortuga resident, spoke in favor of the City accepting the offer of dedication 14aw Mike Burke, Via Tortuga resident, expressed his support for the City accepting the offer of dedication Frank Gallucci, Via Tortuga resident, spoke about the uncertainty hanging over his neighborhood due to this issue, and asked Council to accept the offer of dedication Larry Roberts, Via Tortuga resident, suggested the City Engineer come out and work with the residents to do what needs to be done to get the roads into the condition they would have been in at the final inspection seven years ago Richard Shannon, developer's representative, stated his understanding and that of the people who purchased homes in the development, that the original intent for the subdivision was that the roads would be accepted by the city after one year Mayor Scalise closed the Public Comment period. Council Member Luna stated that this was a unique case and the road should be accepted into the system He agreed with the suggestion made during Public Comment that the City Engineer inspect the road to be certain it is up to city standards Council Member Pacas stated she does not want to set new policy to add new roads, however, if council does accept the road, it must be brought up to city standards CC Minutes 02/22/05 Page 6 of 10 Council Member Clay stated the city must accept the road and the City Engineer mush go over and inspect it. Mayor Pro Tem O'Malley expressed concern with the fairness of a policy change while a project is in process, and feels a moral obligation in this case to honor the original conditions of approval MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to accept the offer of dedication of Via Tortuga and Calle Refugio with the addition that the road be brought up M� current standards as specified by the City Engineer Motion passed 5.0 by a roll-call vote. Mayor Scalise recessed the hearing at 9.05 p.m. Mayor Scalise called the meeting back to order at 9.13 p.m. 2. Allemande Lane— Informational Only ■ Fiscal Impact: None ■ Recommendation Council receive and file this information [City Manager] Community Development Director Warren Frace gave the staff report and with Fire Chief Kurt Stone and City Attorney Patrick Enright answered questions of Council PUBLIC COMMENT Dick Davis expressed his concern that trees have been removed from the site and he would like them to be replaced Cindy Sazar, Allemande Lane resident, gave a brief history of the problems with the-; road, and feels a mistake has been made and the trees could have remained Kevin Ashley, Allemande Lane resident, explained the easement rights of the properties, along the road He asked that the trees be replaced Esteban Andrade, Allemande Lane resident, asked for clarification of the regulatim u requiring 20 feet. Joan O'Keefe stated she would like to see the traffic pattern corrected for this road, anc] questioned where the Fire Department turnaround is located Mayor Scalise closed the Public Comment period. Fire Chief Stone addressed questions raised during the Public Comment period CC Minutes 02/22/05 Page 7 of 10 There was Council consensus to have staff come back with options on how the City can replace the trees. 3. 2005 Community Development Block Grant Allocation (CDBG) ■ Fiscal Impact: Available funds are estimated at $213,195 for the 2005 cycle In addition, prior year unspent funds in the amount of $360,640 are recommended for reallocation ■ Recommendation. Council direct staff to forward allocation recommendations for the 2005 Community Development Block Grant (CDBG) funds to the County Board of Supervisors [Public Works] Administrative Assistant Valerie Humphrey provided the staff report and answered questions of Council PUBLIC COMMENT Joan O'Keefe commented that the county wide allocations had provided some funds for ECHO Vickie Book, Supervisor EOC Teen Academic Parenting Program, thanked Council for their support and spoke about their programs Eric Greening asked how pedestrian ADA improvement projects would be chosen and prioritized, and if they would be integrated with spending of redevelopment money Mayor Scalise closed the Public Comment period. Public Works Director Steve Kahn addressed issues raised during the Public Commen� period MOTION By Council Member Clay and seconded by Council Member Luna to direct staff to forward allocation recommendations for the 2005 Community Development Block Grant (CDBG) funds to the County Board of Supervisors using the list as printed. Motion passed 5.0 by a roll-call vote. 4 35 - Foot Creek Setback Reconsideration ■ Fiscal Impact: None ■ Recommendation. Council extend interim creek setback until a creek setback Ordinance is adopted [Community Development] CC Minutes 02/22/05 Page 8of10 Community Development Director Warren Frace gave the staff report and answered questions of Council The revised Draft Resolution was distributed to Council (Exhibit D) PUBLIC COMMENT Joanne Main urged Council to let the setback revert back to the 2002 General Plan document and then do a study for possible revisions Joan O'Keefe stated she supports the 35 foot creek setback because the creek is an important asset for the City Marge Mackey stated her support for the 35 foot creek setback. Eric Greening expressed his support for the 35 foot setback, and stated this is an issue of protecting private property investments Mayor Scalise closed the Public Comment period. Mayor Scalise stated she cannot support the extension, rather it should sunset and go to the 20 foot setback in the General Plan and that staff would come back in the future for further dialog on this issue MOTION- By Council Member Luna to extend the interim creek setback for one year or until the creek setback ordinance is adopted Motion failed for the lack of a second MOTION By Mayor Pro Tem O'Malley and seconded by Council Memhq�� Luna to modify Draft Resolution A that the sunset date he extended until September 1, 2005 Motion passed 4 1 by a roll-call vote. (Scalise opposed) (Resolution No. 2005-010) D COMMITTEE & LIAISON REPORTS Mayor Scalise 1 County Mayor's Round Table Met with Sam Blakeslee who explained hin proposed legislation Mayor Pro Tem O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) Meets tomorrow and Ron DiCarli (SLOCOG) will speak on highway and road funding CC Minutes 02/22/05 Page 9 of 10 2 League of California Cities — Grassroots Network: Focusing on senior NAW housing, transportation for youth and seniors, and protection of redevelopment funds 3 City / Schools Committee Report of impacts due to changes in population should be considered for future projects Council Member Luna 1 SLO Council of Governments (SLOCOG) / S L.O Regional Transit Authority (SLORTA) Meets next week when the long range transit plan will be up for adoption E. INDIVIDUAL DETERMINATION AND/OR ACTION None F ADJOURNMENT Mayor Scalise adjourned the meeting at 10 21 p m to the next regularly scheduled meeting of the City Council on March 8, 2005 *AW 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 — Marjorie Mackey, photos Exhibit B — Dennis Law, letter from Chicago Title Exhibit C — Dennis Schmidt, notarized statements and map Exhibit D — Community Development, Draft Resolution CC Minutes 02/22/05 Page 10 of 10