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Home My WebLink AboutMinutes 092705 Approved 10/25/05 iais " � is 9 CITY OF A TA SCA DERO CITY COUNCIL MINUTES Tuesday, September 27, 2005 700PM REGULAR SESSION 7 00 P M Mayor Scalise 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, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Community Development Director Warren Frace, Police Chief John Couch, Deputy Community Development Director Steve McHarris and City Attorney Patrick Enright. COMMUNITY FORUM Mary Chastain spoke to the Council concerning the creation of a veterans monument memorial sign for the Sunken Gardens Tahoma Hemmingway Moulder spoke in support of a veteran's memorial in Atascadero Eric Greening stated he supports the creation of a Veteran Memorial in Atascadero He also spoke about energy conservation and possible was to achieve it in Atascadero CC Minutes 09/27/05 Page 1 of 10 Approved 10/25/05 Mayor Scalise closed the Community Forum period. Council Member Clay stated that he also supports the creation of a War Memorial in Atascadero APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay thanked the Atascadero community and city staff for their support of the Hurricane Katrina Relief Fund Mayor Pro Tem O'Malley announced that the Air Pollution Control District will be presenting a local builder with the Pollution Prevention Recognition Award A. CONSENT CALENDAR 1 July 2005 Accounts Payable and Payroll ■ Fiscal Impact: $2,048,277 66 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for July 2005 [Administrative Services] 2. Title 9 Planning and Zoning Text Amendment / Zone Change 2005-0100 (City of Atascadero) ■ Fiscal Impact: Revenue neutral to the City ■ Recommendations. Council 1 Approve on second reading, by title only, draft Ordinance A-1 approving Zone Change 2005-0100 based on findings, and, 2 Approve on second reading, by title only, draft Ordinance A-2 approving Zone Change 2005-0100 based on findings [Community Development] 3. Notice of Completion. 2004-2005 Annual Overlay Program ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Granite Construction Company's work as complete, and, 2 Authorize the City Manager to sign and file the Notice of Completion [Public Works] CC Minutes 09/27/05 Page 2 of 10 Approved 10/25/05 r 4. Atascadero Corporation Yard Relocation Award (City Bid No 2005-030) ■ Fiscal Impact: Engineer's estimate of $1,000,000 00 ■ Recommendation. Council authorize the City Manager to execute a contract with the lowest responsible bidder for construction of the new Public Works maintenance facilities at the Wastewater Treatment Plant. The amount will be determined at the bid opening on September 26, 2005 [Public Works] 5 Temporary Road Closure/ Honda Avenue ■ Fiscal Impact: None ■ Recommendation. Council approve the request from MGE Underground Inc for the temporary closure of a portion of Honda Avenue [Public Works] 6. Final Map 2004-0093 (Tract 2624) 9190 San Diego Way (TTM 2004- 0052)(JRM Enterprises) ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Final Tract Map 2004-0093 (Tract 2624), and, 2 Accept the offer of dedication for street widening, and, 3 Authorize City Manager to enter Subdivision Improvement Agreement with applicant. [Public Works] Mayor Scalise announced that Item #A-4 has been pulled MOTION By Council Member Clay and seconded by Council Member Pacas to approve Items #A-1, 2, 3, 5 and 6. Motion passed 5.0 by a roll-call vote. (Luna opposed to Item #A-2.2) (Item #A-2.1 Ordinance No 482, Item #A-2.2 Ordinance No. 483, Item #A-6 Contract No. 2005-037) B PUBLIC HEARING 1 Local Hazard Mitigation Plan (LHMP) Approval ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution, approving the Disaster Mitigation Act 2000 (DMA 2000) Local Hazard Mitigation Plan for Atascadero, California. [City Manager] Assistant to City Manager / City Clerk Marcia McClure Torgerson gave the staff report and answered questions of Council Anna Davis, URS Corporation, gave a further explanation of some of the details of the 1*00, Mitigation Plan CC Minutes 09/27/05 Page 3 of 10 Approved 10/25/05 v�,„► PUBLIC COMMENT Eric Greening stated that neighborhood networks should be developed for evacuation purposes He also spoke about public protection against radiation exposure, and preparation for multiple simultaneous disasters Mayor Scalise closed the Public Comment period. MOTION By Council Member Luna and seconded by Mayor Pro Tem O'Malley to adopt the Draft Resolution, approving the Local Hazard Mitigation Plan for Atascadero Motion passed 5:0 by a roll-call vote. (Resolution No. 2005-082) 2. Marchant Avenue Condominiums. General Plan Amendment (GPA 2005- 0014) Zone Map Change (ZCH 2005-0098) Zone Text Change (ZCH 2005- 0102) Conditional Use Permit (CUP 2005-0156) Condominium Tract Map (TTM 2005-0066)(5000 Marchant Ave.)(Gearhart) ■ Fiscal Impact: Loss of Transient Occupancy Tax revenues of approximately $4,000 00 ■ Recommendations. Planning Commission recommends Council 1 Adopt Resolution A certifying Proposed Mitigated Negative Declaration 'Vo. 2005-0042, and, 2 Adopt Resolution B approving General Plan Amendment 2005-0014 based on findings, and, 3 Introduce for first reading by title only, draft Ordinance A, approving Zone Map Change 2005-0098 based on findings, and, 4 Introduce for first reading by title only, draft Ordinance B, approving Zone Text Amendment 2005-0102 modifying PD-10 overlay district code text based on findings, and, 5 Adopt Resolution C approving Conditional Use Permit Amendment 2005-0156 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, 6 Adopt Resolution D approving Tentative Tract Map 2005-0066 based on findings and subject to Conditions of Approval and Mitigation Monitoring [Public Works] Deputy Community Services Director Steve McHarris gave the staff report and answered questions of Council PUBLIC COMMENT Eric Greening asked if there will be pedestrian access from Marchant to Hwy 41 during and after construction CC Minutes 09/27/05 Page 4 of 10 Approved 10/25/05 Mary Chastain, Chairperson Chamber of Commerce Board, stated they support this ,► project as the 101/41 improvements will make this property unusable unless converted to residential Mayor Scalise closed the Public Comment period. Council Member Pacas commented that she is not convinced that closure of the intersection will create that big of an impact to the neighbors She would be in favor of going through the transition of the freeway, seeing if there is an impact and then make the change She is also concerned about the loss of Transient Occupancy Tax revenues and potential flooding in that area. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0042, and, adopt Resolution B approving General Plan Amendment 2005-0014 based on findings, and, introduce for first reading by title only, draft Ordinance A, approving Zone Map Change 2005-0098 based on findings, and, introduce for first reading by title only, draft Ordinance B, approving Zone Text Amendment 2005-0102 modifying PD-10 overlay district code text based on findings, and, adopt Resolution C approving Conditional Use Permit Amendment 2005-0156 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, adopt Resolution D approving Tentative Tract Map 2005-0066 based on findings and subject to Conditions of Approval and Mitigation Monitoring Motion passed 4.1 by a roll-call vote. (Pacas opposed) (Resolution Nos. 2005-083, 2005-084, 2005-085 and 2005-086) 3. West Front Village General Plan Amendment (GPA 2003-0005) Planned Development Zone Code Text 2003-0058, Zone Change (ZCH 2003-0088) Master Plan of Development (CUP 2003-0108) Tentative Tract Map 2003- 0035 (8870 West Front Rd., 8760 Portola Rd.)(Shannon — West Front Properties) ■ Fiscal Impact: Total annual projected revenue for the City of $245,70800 ■ Recommendations. Planning Commission recommends Council 1 Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0165, 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 approving Zone Code Text Change 2003-0058 establishing a PD-23 overlay district based on findings, and, CC Minutes 09/27/05 Page 5 of 10 Approved 10/25/05 4 Introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2003-0088 based on findings, and, 5 Adopt Resolution C approving Master Plan of Development (CUP 2003-0108) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, 6 Adopt Resolution D approving Tentative Tract Map 2003-0035 based on findings and subject to Conditions of Approval and Mitigation Monitoring [Community Development] Community Development Director Warren Frace, Public Works Director Steve Kahn and Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council Council Member Luna asked if there is a nexus for the added conditions from the Planning Commission City Attorney Patrick Enright stated that there is sufficient legal nexus for the additional conditions Jon Knight, RRM Design Group, applicant's representative, reviewed the proposed project, handed out additional proposed amendments to the conditions (Exhibit A) and answered questions of the Council Paul Matos, Omni Means, reviewed the traffic issues associated with this project and answered questions of the Council Richard Shannon, Applicant, addressed some of the issues brought up by the Council including the access easement agreement with the neighbors, payment for traffic signals, fire fund contribution and signage Mr Shannon answered questions of Council PUBLIC COMMENT Richard Mullen stated his concerns regarding traffic impacts on Santa Rosa Road, the 50 foot freeway signs, the 3-way stop sign at West Front and Portola, and the signal at the intersection of West Front and Santa Rosa Road Denise Morey, Portola Road resident, stated she is unhappy about the project; traffic is her biggest concern She asked Council to proceed with the PSR as soon as possible and indicated she agreed with Mr Mullen concerning the proposed signs Mike Healey, Coromar resident, expressed his concerns with the traffic impacts this project will have on this neighborhood He explained the traffic problems that already exist in the area and how this development will only increase the problems Robert Gobrum stated that this is an emotional issue and urged Council to plan wisely and consider all the ramifications when approving a project. CC Minutes 09/27/05 Page 6 of 10 Approved 10/25/05 Dave Smith stated his property backs up to this proposed project and requested a landscape buffer to screen his property from the project. He also expressed his concern for the safety of children with the increased traffic Mr Smith stated he is opposed to the project. Jerry Holland explained why Atascadero needs more hotel rooms to compete with Paso Robles and San Luis Obispo Jed Nickolson, attorney representing Hank Monardo, an adjoining property owner, explained why the Council should not made a decision on this issue tonight stating that the alternate plan before the Council tonight, was not included in the agenda packet, was not shared with the adjacent property owners, was not considered by the Planning Commission, and not addressed in the mitigated negative declaration In addition he stated that there were no good faith negotiations between his client and Mr Shannon until yesterday Jeff Wilshusen, President of the Atascadero Police Association, stated that the Council has the full support of the Police Association for this project. Hal Carden expressed his support of this project by listing several benefits of this proposal, including reducing the density of the current zoning for less neighborhood impact, improvement to traffic flow, bed tax and sales tax revenue, and improvement of the property Donna Healey, Coromar resident, said that she supports the development of the hotel, but is opposed to the rest of the project as it will damage their neighborhood with increased density and traffic Travis Kinney stated that he is not happy about the growth of Atascadero but he supports this project as it improves this vacant lot and it is being developed by local people Mike Ryan, real estate broker, he explained that he introduced the hotel people involved in this project to the developer, and they have stuck with the project for the last year because Atascadero is a viable market. Mr Ryan said that he supports this project. Mayor Scalise closed the Public Comment period. Mayor Scalise recessed the hearing at 9 53 p.m. Mayor Scalise called the meeting back to order at 10:03 p.m. Mayor Scalise asked the City Attorney to address the concerns mentioned by the public. Jon Knight addressed the concerns mentioned by the public. He also stated that the applicant has agreed with Mr Smith to install a landscape buffer on his property CC Minutes 09/27/05 Page 7 of 10 Approved 10/25/05 There was Council consensus on the memo of amendments to the conditions of approval submitted by RRM. Mayor Pro Tem O'Malley suggested adding a condition that the applicant will agree to offer $1,500 to Mr Smith for landscape buffering on his property Mayor Scalise stated she would like to delete Conditions 19-A and 12-A on page 165, stating that funding for fire protection facilities is only a concept only at this time and no fees are in place She believes it is unfair to put this burden on this project. Council Member Luna disagreed with Mayor Scalise and stated the fees could be capped Mayor Pro Tem O'Malley indicated he would like to see these fees implemented at some point, but is reluctant to do it this prematurely He asked staff if a portion of the TOT taxes could be diverted to areas that must be mitigated in the future Council Member Pacas agreed with Mayor Pro Tem O'Malley and asked if Council would be willing to make a dedication that some of the revenues from this project will go to improving the fire facilities There was Council consensus to delete Conditions of Approval 19-A and 12-A. The Council discussed the issue of two 50-foot pylon signs Council Member Luna stated he supports the existing ordinance which allows for one pole sign with a minimum height necessary for effective visibility MOTION By Council Member Clay and seconded by Council Member Pacas to go along with the developers recommendation for two 50-foot or less signs for required visibility, depending on how staff work with them Motion passed 4 1 by a roll-call vote. (Luna opposed) Council Member Luna stated a Project Study Report is crucial he would like to see a condition requiring some contribution from the developer There was no consensus to request developer to contribute to a PSR. Council Member Pacas referred to the letter from Shannon and Rossi and suggested moving item #6, requesting that the Council approve Alternative B-2 as a back up to a successful negotiation with neighbors, to position #1 CC Minutes 09/27/05 Page 8 of 10 Approved 10/25/05 MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0165, and, adopt Resolution B approving General Plan Amendment 2003-0005 based on findings, and, introduce for first reading, by title only, Draft Ordinance A approving Zone Code Text Change 2003-0058 establishing a PD-23 overlay district based on findings, and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2003-0088 based on findings, and, adopt Resolution C approving Master Plan of Development (CUP 2003-0108) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, adopt Resolution D approving Tentative Tract Map 2003-0035 based on findings and subject to Conditions of Approval and Mitigation Monitoring with the following amendments 1 Applicant will agree to pay up to $1,500 to Mr Dave Smith for landscape buffering on his property 2. Delete Conditions 19-A (CUP 2003-0180) and 12-A (TTM 2003-0035). 3. Adopt Exhibit B-2 and the additional conditions of approval for the Conditional Use Permit and Tract Map. 4 Mitigation Measure AES-5 Two 50-foot pylon signs shall be allowed. 5 CUP Conditions of Approval 36 and 37 and Tentative Tract Map Conditions of Approval 35 and 35 West Front Lane widths shall be approved by the City Engineer 6. Acceptance of the memo of amendments to the conditions of approval submitted by RRM, but moving request #6 to the #1 position to read Council to approve Alternative B-2 as a backup to a successful negotiation with the neighbors. Motion passed 4.1 by a roll-call vote. (Luna opposed) (Resolution Nos. 2005-087, 2005-088, 2005-089 and 2005-090) C COMMITTEE & LIAISON REPORTS Mayor Pro Tem O'Malley 1 Air Pollution Control District (APCD) Meets tomorrow, one of local builders will be receiving an award 2 Economic Opportunity Commission (EOC) Celebrating its 40th anniversary Council Member Pacas 1 City / Schools Committee Next meeting will be October 12t", joint facility usage is on the agenda and the use of busses for evacuation yft CC Minutes 09427/05 Page 9 of 10 Approved 10/25/05 e D INDIVIDUAL DETERMINATION AND/OR ACTION City Attorney City Attorney Patrick Enright announced that there will be a dinner reception at the League of California Cities meeting on October 6th E. ADJOURNMENT Mayor Scalise adjourned the meeting at 10 35 p m to the next regularly scheduled meeting of the City Council on October 11, 2005 MINUTES PREPARED BY i race Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office +46,,,,. Exhibit A—John Knight, proposed amendments to conditions,West Front *ftr CC Minutes 09/27/05 Page 10 of 10