HomeMy WebLinkAboutMinutes 091404 , A
J;1411 CITY OFATASCADERO
CITY COUNCIL
MINUTES
Tuesday, September 14, 2004
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. Council Member O'Malley
introduced Raney Forzetting who led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk / Assistant to the City Manager Marcia McClure
Torgerson and 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, Fire Chief Kurt Stone, Acting Police Chief John
Couch, Deputy Community Development Director Steve McHarris,
Redevelopment Specialist Marty Tracey, Associate Planner Kelly
Gleason, Fire Captain Tom Way and Interim City Attorney Tom
Gibson.
COMMUNITY FORUM:
Pastor Carl Billings, Hope Lutheran Church, thanked the Council for their leadership
and led those present in prayer.
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Ann Ketcherside asked where the 3F Meadows second road egress is located and
requested the bowling alley being purchased by the City of Atascadero be given as a
Youth Center.
Mike Jackson explained the problems he is having in trying to do a planned
development overlay on his property.
Jim Patterson, Atascadero Mutual Water Company, informed those present that a water
shortage condition has been declared for Atascadero. A shortage alert flyer was
distributed to Council. (Exhibit A)
Eric Greening spoke about the phasing of the George Beaty Skateboard Park and
informed Council that the Parks and Recreation Commission have reaffirmed their
earlier position regarding plans for the Sunken Gardens.
Joanne Main stated the Chamber of Commerce is sponsoring a Business Expo in the
Lake Pavilion on September 161"
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
Mayor Luna suggested changing the agenda order to hear Item #C-1 before B-1 .
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
approve the revised agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Police Department Review — Frazier Group, Criminal Justice
Consultants
Tom Frazier explained the process for the Police Department Revies and provided the
report.
PUBLIC COMMENT
Eric Greening agreed with the positive points made in the presentation and suggested
one area that needs more attention is traffic enforcement.
Mayor Luna closed the Public Comment period.
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COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley spoke about the positive feedback he had received on
redevelopment after being on the radio last week. He also asked staff if any permits
issued on the Gearhart project were subject to any improprieties. Community
Development Director Warren Frace stated that the project located at the North end of
Ferro Carril Road has 15 lots in the Phase II portion of that tract and has a requirement
that building permits not be issued prior to the installation of the railroad bridge. Those
permits have not been issued. There were no improprieties.
Mayor Pro Tem Scalise asked planning staff to have a meeting with Mr. Jackson to
address the concerns he spoke of during the Community Forum period.
Council Member Clay spoke about the Council's commitment to spend redevelopment
funds in the downtown area.
Council Member Pacas announced the Atascadero Optimist Club and Youth Task Force
are sponsoring a golf tournament on September 25th and stated that Sponsors are
needed.
Mayor Luna spoke about West Nile Virus, and asked Council for consensus to bring
back a resolution supporting the formation of a vector control district.
There was Council consensus to bring back a resolution asking the Board of
Supervisors to form a Vector Control District.
A. CONSENT CALENDAR:
1. City Council Special Meeting Minutes — August 10, 2004
• City Clerk recommendation: Council approve the City Council
minutes of the special meeting of August 10, 2004. [City Clerk]
2. July 2004 Treasurer's Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for
July 2004. [City Treasurer]
3. Title 8 Building Regulations Update
■ Fiscal Impact: None
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A, approving amendments to Title 8 of the Atascadero Municipal
Code pertaining to Building Regulations. [Community Development]
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4. Single Family Planned Development Zone Change 2003-0047 (7500 Navaloa
Ave. / Higgins)
■ Fiscal Impact: Slight negative impact on City revenues. As a general rule,
single-family dwellings require services that exceed the revenue generated by
the proposed uses.
■ Recommendation: Council adopt on second reading, by title only, the
attached Draft Ordinance, enacting Zone Change 2003-0047, adding the PD-
7 zoning overlay district to an RMF-10 site. [Community Development]
5. Adoption of Title 12 - Code Enforcement Ordinance
■ Fiscal Impact: Staff anticipates that this program will cover the cost of
implementation and generate about $10,000 annually.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A, approving amendments to the Atascadero Municipal Code by
adding Title 12 — Code Enforcement and the Administrative Citation Program.
[Fire]
6. Title 4 - Fire Code Regulations Update
■ Fiscal Impact: None
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A, approving amendments to Title 4 of the Atascadero Municipal
Code pertaining to Fire Regulations. [Fire]
7. Supplemental Law Enforcement Services Fund
■ Fiscal Impact: $100,000. (funded with SLESF grant funds)
■ Recommendation: Council designate 2004/2005 Supplemental Law
Enforcement Services Fund (SLESF) monies for use in equipment
improvements or other frontline Police services. [Police]
8. Transit Bus Purchase
■ Fiscal Impact: Maximum of $65,000. (funded by Transportation Development
Act (TDA) funds)
■ Recommendation: Council authorize the purchase of a 22 passenger
accessible bus from Creative Bus Sales. [Public Works]
9. 2004-2005 Annual Overlay Program / Construction Inspection Service
■ Fiscal Impact: $1,024,000. (funded with Local Transportation and Council
Road Program funds)
■ Recommendation: Council authorize the City Manager to execute a Contract
Change Order with Pavement Engineering, Inc. in the amount of $49,275 for
construction inspection of the 2004-2005 Annual Overlay Program. [Public
Works]
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10. Public Road Crossing Agreement — North EI Camino Real (De Anza Estate)
■ Fiscal Impact: The construction of the bridge is the responsibility of Gearhart
Development. Payment for the Union Pacific expenses will be deposited with
the City prior to start of work.
■ Recommendation: Council adopt the Draft Resolution authorizing the
Director of Public Works to sign and submit, on behalf of the City of
Atascadero, the Public Road Crossing Agreement with Union Pacific Railroad
Company. [Public Works]
Items pulled: Item #A-1, Council Member O'Malley; Items #A-3 and 6, Ann Ketcherside;
Item #A-4, Mayor Luna; Item #A-5, Council Member Clay; Item #A-8, Eric Greening.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to approve Items #A-2, 7, 9 and 10.
Motion passed 5:0 by a roll-call vote. (Item #A-10 Resolution
No. 2004-070)
Item #A-3: Ann Ketcherside expressed concern with this item and felt there should be
more public input.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-3.
Motion passed 5:0 by a roll-call vote. (Ordinance No. 458)
Item #A-1: Council Member O'Malley referred to the Closed Session Report on Page 9
and asked that staff's answers as well as his response to the questions raised by Ellen
Beraud be included in the Minutes.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-1.
Motion passed 4:0 by a voice vote. (Pacas abstained)
Item #A-4: Mayor Luna indicated he had pulled this item to vote no because of the two
conditions allowing staff to change the projects up to 10%.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to approve Item #A-4.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Ordinance No. 459)
Item #A-5: Council Member Clay stated he has voted no on this item because two
weeks is not enough time for code enforcement.
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PUBLIC COMMENT
Ann Ketcherside stated these code laws would take away property owners rights
without a public hearing.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
approve Item #A-5.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
(Ordinance No. 460)
Item #A-6: Ann Ketcherside stated that trains carrying chemicals must be dealt with
right away and that more public comment is needed.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-6.
Motion passed 5:0 by a roll-call vote. (Ordinance No. 461)
Item #A-8: Eric Greening indicated he wanted to be sure that nothing in this purchase
agreement would prohibit the pooling of transit resources in the north county.
Public Works Director Steve Kahn addressed Mr. Greening's concern.
MOTION: By Mayor Pro Tem Scalise and seconded by Mayor Luna to
approve Item #A-8
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. City Parking Lot Project — Bid No. 2004-012
■ Fiscal Impact: $151 ,020. Staff will negotiate a change order for the
construction of the new parking lot layout if Council directs staff to do so.
The cost difference for the construction of the two different parking lot
layouts will be minimal.
• Recommendations: Council:
1 . Direct Staff to construct the Parking Lot with the revised parking lot
layout featuring a centralized parking area.
2. Authorize the City Manager to execute agreement with Souza
Construction, Inc. for $151 ,020 for construction of the City Parking
Lot Project.
3. Authorize the City Manager to execute Change Order #1 with
Souza Construction, Inc. for the construction of the revised parking
lot layout.
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4. Authorize the Administrative Services Director to appropriate an
additional $111 ,450 in Redevelopment Funds for the City Parking
Lot Project. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Mayor Luna recessed the hearing at 8:29 p.m.
Mayor Luna called the meeting back to order at 8:42 p.m.
PUBLIC COMMENT
Nathan Doster, downtown property owner, expressed his concern that a public parking
lot in this area would not work and stated the property owners are in favor of the 18
space diagonal parking on the alley access plan, which he referred to as the
"consensus plan."
Lon Allen gave a historic perspective on the parking issue in the downtown and
encouraged Council to provide as much parking as possible on this site.
Vivian Michelle, downtown property owner, asked Council to support the small business
owners by approving the 18 space plan.
Rafael Cornejo, downtown property owner, stated that he is in agreement with the other
property owners and supports the 18 space plan.
Joanne Main, Chamber of Commerce, stated that the property has been designated for
parking, should be maximized, and she supports the 28 space plan.
Richard Shannon representing the Main Street Economic Restructuring Committee
encouraged Council to maximize the number of parking spaces provided at this site.
Wendy, downtown business/property owner, spoke in support of the smaller parking
plan.
Steve Martin, Executive Director Atascadero Main Street, spoke about Main Street's
involvement in this issue and stated they stand by their previous recommendation of the
plan for 37 spaces.
Maria Hooper stated her concern that there are no restrictions on parking time for these
spaces and spoke in favor of the 18 space plan.
Greg Doyle made suggestions to accommodate parking in the downtown and
suggested limiting parking time and overnight parking.
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Eric Greening asked if there is an approval needed for the Carlton to open and whether
the valet parking area for the Carlton has been identified.
Don Geissinger encouraged business owners to park a few blocks away and keep the
parking spaces in the lot for their customers.
John Richardson, downtown property owner, spoke in favor of the 18 space plan.
Mayor Luna closed the Public Comment period.
Council Member Clay stated his concerns for the economic vitality of the downtown and
indicated adequate parking was essential.
Mayor Pro Tem Scalise spoke in favor of the 28 space plan, and stated that given the
history of this site and that other property owners are in favor of the larger plan, she
cannot support the 18 space plan.
MOTION: By Mayor Luna and seconded by Council Member Pacas to
direct Staff to construct the Parking Lot with the revised
parking lot layout being the diagonal parking on the alley or as
was referred to by the property owners the "consensus plan."
In addition to that, move to authorize the City Manager to
execute agreement with Souza Construction for $151,020 for
the construction of the City Parking Lot, (the diagonal parking
lot on the alley); and, authorize the City Manager to execute
Change Order #1 with Souza Construction for the construction
of the revised parking lot layout.
Motion passed 3:2 by a roll-call vote. (Clay, Scalise opposed)
(Contract No. 2004-023)
There was Council discussion regarding diagonal parking on Entrada.
There was Council consensus to direct staff to put angle parking on Entrada and
give staff an opportunity, if they run into troubles with that, to bring it back.
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B. PUBLIC HEARINGS:
1. Dove Creek Mixed Use Development Zone Text Change 2003-0049, Zone
Map Change 2004-0085, Master Plan of Development (CUP 2003-0099),
Vesting Tentative Tract Map 2003-0033 (Santa Barbara Road & EI
Camino Real / Bermant Development Company)
■ Fiscal Impact: As conditioned, the project appears to be fiscally neutral to
the City of Atascadero.
■ Planning Commission Recommendations: Council:
1 . Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2004-0026 with revised mitigation measures (Exhibit B); and,
2. Introduce for first reading, by title only, the draft Ordinance A, to
change zone code text for Planned Development #12 (Zone Change
2003-0049) based on findings; and,
3. Introduce for first reading by title only, the draft Ordinance B, to
approve Zone Change 2004-0085, a zoning map amendment of the
project site to Multi Family Residential — 10 / Commercial Retail / Open
Space / PD-12 based on findings and subject to Conditions of Approval
and Mitigation Monitoring; and,
4. Adopt Resolution B adopting CUP 2003-0099, by Resolution to include
the Master Plan of Development (Exhibit A) based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and
5. Adopt Resolution C approving Vesting Tentative Tract Map 2003-0033,
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 gave a report on
traffic circulation and drainage, and Community Development Director Warren Frace
spoke about the commercial component.
Chris Vargas, Padre and Associates, gave an overview of the Mitigated Negative
Declaration and answered questions of Council.
PUBLIC COMMENT
John Knight, RRM Design Group, applicant's representative, gave a presentation on the
project.
John Campanella, Bermant Development Company, spoke about the condition
regarding the commercial center and distributed a copy of a condition proposed by the
applicant. (Exhibit B)
There was Council discussion regarding the phasing of the commercial component of
the project and the types of businesses that would go into the center.
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Mr. Campanella stated that they would be willing to guarantee that all 60,000 square
feet of commercial space would be developed after 10 years. Bruce Buckingham,
Bermant Development, clarified that this would depend on who the ultimate users are.
Ann Ketcherside expressed her concerns about water usage impacts from this project
and relocating the human remains on this site.
Marguerite Bader, President League of Women Voters of SLO County, spoke about the
League's position on affordable/workforce housing.
Eric Greening spoke about overriding considerations on negative declarations and
expressed concern with the handling of the cemetery and cultural resources.
Jerry Rioux, Executive Director San Luis Obispo County Housing Trust Fund,
encouraged Council to approve this project and commended staff and the developer.
Greg Doyle, representing the Workforce Housing Coalition, stated the Coalition
unanimously supports this project.
Lon Allen, President Atascadero Historical Society, stated that the mitigation proposed
for the Dove Cemetery is not appropriate.
Joanne Main read a letter into the record from Chamber of Commerce President Don
Idler in favor of the development.
Bruce Pierce stated his appreciation for the development, urged approval, and outlined
several concerns he has for the project that he would like to see addressed.
Don Geissinger stated he lives across the street from this development, likes the project
and raised several issues he would like to see addressed.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
Mayor Luna expressed concern with Conditions of Approval No. 5 and 6 on page 196.
There was Council discussion regarding these conditions.
Council Member O'Malley suggested changes to the applicant's proposed conditions.
There was Council discussion regarding these changes.
Consensus was reached by Council and applicant to accept the revised applicant
conditions as follows:
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APPLICANT EXHIBIT A
(Item B-1)
The applicant proposes the following condition:
Prior to map recordation, the applicant shall deposit$400,000 to the City to be placed in
an interest bearing account. If a building permit for a minimum of 45,000 square feet
has not been issued by July 1, 2006 and diligently pursued to completion, the City shall
withdraw$40,000 from the account. If, in each successive year on July 1, 2007 through
July 1, 2015, a building permit has not been issued and diligently pursued to completion
for a minimum of 45,000 square feet, the City shall withdraw $40,000. At such time that
the building permit is issued for a minimum of 45,000 square feet, the remaining
balance shall be refunded to the applicant.
If a building permit has not been issued for a minimum of 45,000 square feet by July 1,
2016 and diligently pursued to completion, the applicant shall convey the commercial
site to the City. A memorandum of option or deed of trust shall be recorded concurrent
with map recordation that assures the City that it can acquire the commercial site,
subject to review and approval by the Community Development Department and City
Attorney.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt Resolution A certifying Proposed
Mitigated Negative Declaration 2004-0026 with revised
mitigation measures (Exhibit B); and, introduce for first
reading, by title only, the draft Ordinance A, to change zoning
code text for Planned Development #12 (Zone Change 2003-
0049) based on findings; and, introduce for first reading by
title only, the draft Ordinance B, to approve Zone Change
2004-0085, a zoning map amendment of the project site to
Multi Family Residential — 10 / Commercial Retail / Open Space
/ PD-12 based on findings and subject to Conditions of
Approval and Mitigation Monitoring and changes on page 186
of Conditions Item 5 and 6 to substitute "City Council" for
"Planning Commission"; and, adopt Resolution B adopting
CUP 2003-0099, by Resolution to include the Master Plan of
Development (Exhibit A) based on findings and subject to
Conditions of Approval and Mitigation Monitoring and Exhibit
A as modified b Council consensus and agreed upon by the
Y g P
developer; and adopt Resolution C approving Vesting
Tentative Tract Map 2003-0033, based on findings and subject
to Conditions of Approval and Mitigation Monitoring as
modified.
Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2004-
071, 2004-072, 2004-073)
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C. MANAGEMENT REPORTS:
2. Emergency Plan Update
■ Fiscal Impact: None. (funded by a FEMA grant)
■ Recommendation: Council adopt the Draft Resolution, thereby amending
the City's Emergency Plan and formally adopt Part 1 of the Multi-hazard
Emergency Response Plan, the California Standardized Emergency
Management System (SEMS) and the National Incident Management
System (NIMS). [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
PUBLIC COMMENT - None
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the Draft Resolution, thereby amending
the City's Emergency Plan and formally adopt Part 1 of the
Multi-hazard Emergency Response Plan, the California
Standardized Emergency Management System (SEMS) and the
National Incident Management System (NIMS).
Motion passed 5:0 by a roll-call vote. (Resolution No. 2004-074)
3. Commission Appointment Review
■ Fiscal Impact: None
■ Recommendation: Council review Commission appointment process and
provide staff direction. [City Manager]
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to put this item off to the next meeting.
g.
Motion failed 2:3 by a roll-call vote. (O'Malley, Pacas, Luna
opposed)
City Manager Wade McKinney gave staff report and answered questions of Council.
MOTION: By Council Member O'Malley and seconded by Council Member
Pacas to Reduce the Parks and Recreation Commission to five
person member each one appointed by a City Council Member and
that the appointments of members at large finish their term.
Mayor Luna stated that the problem lies with the Planning Commission because the
Council has abdicated much of its responsibility on land use to the Planning
Commission and as a consequence there are many recommendations that he does not
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agree with. He cannot support the motion unless both the Parks and Recreation and
Planning Commissions are considered together.
MOTION: By Council Member O'Malley and seconded by Council
Member Pacas to Reduce the Parks and Recreation
Commission to five person member each one appointed by a
City Council Member and that the appointments of members at
large finish their term.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
MOTION: By Mayor Luna and seconded by Council Member Pacas to
reduce the Planning Commission to five members with each
member being appointed by a Council Member and the two at
large members would serve out their term to February 2005.
Motion failed 2:3 by a roll-call vote. (Clay, O'Malley, Scalise
opposed)
D. COMMITTEE & LIAISON REPORTS:
Mayor Luna
1 . Integrated Waste Management Authority (IWMA): IWMA is at 51% for both
2001 and 2002; a new base year must be done for 2003, as Paso Robles is
new to the Authority.
2. County Mayor's Round Table: Discussed the Vector Control Board.
Mayor Pro Tem Scalise
1 . Local Agency Formation Commission (LAFCO) (City Selection Committee
appointment): Meets this Wednesday, sphere of influence will be discussed.
Council Member Clay
1 . Water Committees: Attended the Water Company meeting where they were
discussing special circumstances for second units with the suggestion of
reducing the fee to $2100 per unit for a meter.
Council Member O'Malley
1 . Air Pollution Control District (APCD): Discussed fees and Diablo Canyon, to
be reported on at a future Council meeting.
2. Economic Vitality Corporation, Board of Directors (EVC): In process of
recruiting a new Executive Director.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager McKinney asked Council for direction on whether to look at
additional funding sources or revise the plan for the Youth Center.
There was Council consensus to look at additional funding sources for the
Youth Center including utilizing redevelopment funds.
Mr. McKinney spoke about the Printery money and FEMA and indicated that 70
percent of the total cost estimates of the reconstruction can be transferred to
another project. Therefore, a City Council study session will be scheduled to
look at FEMA projects.
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 12:31 a.m. to the next regularly scheduled
meeting of the City Council on September 28, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grade-Pucci, Deputy City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A—Jim Patterson, Water Shortage Alert flyer
Exhibit B—John Campanella, applicant's proposed condition
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