Loading...
HomeMy WebLinkAboutMinutes 090898 Approved as Submitted September 22, 1998 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, SEPTEMBER 8, 1998 CLOSED SESSION,6:30 P.M.: Personnel: City Manager(Govt. Code Sec. 54957.6) Mayor Carden adjourned the Closed Session at 6:55 p.m. and City Attorney Roy Hanley announced that there was no action taken. REGULAR SESSION, 7:00 P.M.: Mayor Carden called the Regular Session to order at 7:02 p.m. and Council Member Lerno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Others Present: City Clerk Marcia Torgerson Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana and City Attorney Roy Hanley. APPROVAL OF AGENDA: Roll Call MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna asked for a report on the status of the Carlton Hotel as Mr. Andes has died. Mr. Hanley said he would have a report at the next Council meeting. Also, Council Member Luna stated that he received a call from a citizen on Graves Creek Road who was concerned about'the restoration of gates and fences after the road improvements are completed. Mr. Cherry responded that it is in the contractor's contract that they are to restore all private property to its original condition. Council Member Clay announced that Mark McGuire hit his 62°a home run just before this meeting. Also, he asked Mr. Cherry if we can declare war on the Star Thistle. Council Member Luna stated that the Telegram Tribune had a good article about the Star Thistle. He agreed that we need to address the problem. COMMUNITY FORUM: Paul Weems, 7982 Santa Rosa Road, stated that he came with an agenda but he is going to put that aside and speak about other issues. He asked the Police Chief to address the speeding on Santa Rosa Road. He also told the Council that he attended the Planning Commission meeting last week and was impressed with the Planning Department's presentation. Bill Bright, 11875 Santa Lucia Road, stated that he has noticed that there are a lot of artists in Atascadero. He suggested the City should set up an artist's tour and have the money go to charity. A. CONSENT CALENDAR: Roll Call 1. Amendment of Native Tree Ordinance—Fiscal Impact: None (Staff recommendation: Council introduce for second reading, by title only, Ordinance No. 350, an ordinance of the City of Atascadero amending Chapter 11 of Title 9 of the Atascadero Municipal Code regarding native trees) [Paul Saldana] Council Member Clay pulled Item#A-1. He explained that he could not support the monitoring program included in this Ordinance. He stated that he does support the Tree Ordinance. PUBLIC COMMENT—None MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve the Consent Calendar. Motion passed 4:1 by a roll-call vote. (Clay opposed) B. PUBLIC HEARINGS: 1. General Plan Amendment#97009 and Zone Change#97008 —7930 Santa Rosa Road (Gearhart) - Fiscal Impact: None (Planning Commission recommendations: 1) Council find the Negative Declaration prepared for this project to be adequate under the requirements of the California Environmental Quality Act and the State and local guidelines for implementation of the Act; and 2) Council adopt Resolution No. 1998-036 approving General Plan Amendment#97009; and 3) Council adopt Ordinance No. 353, approving Zone Change #97008, by introducing for first reading by title only) [Paul Saldana] CC 09/08/98 Page 2 of 6 Council Member Lerno stepped down on this item due to a potential conflict of interest. Community Development and Economic Director Paul Saldana gave the staff report. Council Member Luna asked about the possibility of conditioning this zone change. He stated that on page 25 of the Planning Commission minutes in the staff report, this same question was asked and staff responded that you cannot condition General Plan Amendments or zone changes. Mr. Saldana answered that there are provisions where you can condition this zone change which would only affect this property. He explained that it could be done by making amendments to the Resolution. Council Member Luna stated that he would like to see that happen. PUBLIC COMMENT Mary Hickey, 7950 Santa Rosa Road, stated that she lives next door to this site. She explained that she is concerned that the proposed plan for the house on this site has it's backyard facing her front yard. She also stated her other concerns and said that the Planning Commission minutes has her complete comments. Mayor Carden closed Public Comment period. Mayor Pro Tem Johnson asked if these proposed conditions would be different than any other lot in the area. Mr. Saldana responded, yes. Council Member Luna said he disagreed. He stated that on this particular property will have access off of an easement instead of Santa Rosa Road and the existing site plan has the house not facing Santa Rosa Road. Council Member Clay stated that he feels the use of the Church's easement makes sense rather than another driveway on Santa Rosa Road. Also, he said that he spoke with a gentleman who had been a Planning Commissioner who told him that a lot of the Public-zoned properties were set up as a holding designation because they weren't sure what to do with them. Council Member Clay stated that he did not want to see conditions on this zone change. Mayor Pro Tem Johnson asked for clarification of the access issue. Mr. Saldana responded by saying that previously one of the concerns was another driveway on Santa Rosa Road. Mayor Pro Tem Johnson stated that he could not see requiring a driveway for this site so that the house can face Santa Rosa Road when it could create a dangerous intersection. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to 1) Find the Negative Declaration prepared for this project to be adequate under the requirements of the California Environmental Quality Act and the State and local guidelines for implementation of the Act; and 2) Adopt Resolution No. 1998-036 approving General Plan Amendment#97009; and 3) Adopt Ordinance No. 353, approving Zone Change#97008, by introducing for first reading by title only. Motion passed 3:1: (Luna opposed) CC 09/08/98 Page 3 of 6 2. General Plan Amendment#98004 and Zone Change#98005 — 10801 El Camino Real (AVSD) - From"P" (Public)to "RMF-16"(High Density Multiple Family) - Fiscal Impact: None (Planning Commission recommendations: 1) Council find the Negative Declaration prepared for this project to be adequate under the requirements of the California Environmental Quality Act and the State and local guidelines for implementation of the Act; and 2) Council adopt Resolution No. 1998-033 approving General Plan Amendment#98004; and 3) Council adopt Ordinance No. 352, approving Zone Change #98005, by introducing for first reading by title only) [Paul Saldana] Council Member Clay stepped down on this item due to a potential conflict of interest. Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. Council Member Luna expressed a concern with the AUSD giving up potential school sites. Mayor Pro Tem Johnson asked if the State has reviewed the School District's request. Mr. Saldana responded, yes to the best of his knowledge. Council Member Lerno asked if the 5-acre parcel north of this site is also zoned MF-16. Mr. Saldana responded, yes. PUBLIC COMMENT Larry Finnigan, 505 Country Lane, San Luis Obispo, stated that he is the owner of the Villa Margarita Senior Mobile Home Park which is adjacent to this site. He said that he also owns the two apartment complexes south of the park. He explained that they have had problems with vandalism, arson, and burglaries as a result of the apartments being next to the senior park. If the Council allows high density north of the senior park, it will add to their problems. He asked the Council to reduce the density on this site. Bill Maxwell, 10840 Los Palos, stated that he lives in the Villa Margarita Park. He explained that the apartment building next door has caused problems for the park residents as a result of vandalism, etc. He asked the Council to reduce the density on this site. Joe Didomenico, 10987 Las Casitas, said he lives in the Villa Margarita Park. He stated that he agrees with previous speakers. They have had problems with apartment building next door. He asked the Council to reduce the density on this site. Mayor Carden closed the Public Comment period. Council discussion ensued. Council Member Luna stated that he could support a lower density. The Council had questions for the School District concerning the density, however,there was no representative present. There was consensus of the Council to continue this item to next meeting when a representative of the School District could be present. CC 09/08/98 Page 4 of 6 C. MANAGEMENT REPORTS: 1. Proposition 9—Utility Rate Reduction and Reform Act—Fiscal Impact: An unidentifiable reduction in franchise fee revenue from PG&E (Staff recommendation: Council oppose Proposition 9— Utility Rate Reduction and Reform Act) [Wade McKinney] Mayor Carden stepped down on this item due to a potential conflict of interest and Mayor Pro Tem Johnson chaired the meeting during this item. City Manager Wade McKinney gave the staff report and answered questions of Council. Council Member Luna stated that he supports Proposition 9. PUBLIC COMMENT Fred Frank, 3615 Ardilla, stated that he supports Proposition 9 and feels that the Council should defer this matter until they have had a chance to review all information available on this subject. Patricia Frank, 3615 Ardilla, asked the Council to support Proposition 9. She explained that the information on this proposition is just now coming out and she asked the Council to defer their vote until they have reviewed all available information. Mayor Pro Tem Johnson closed the Public Comment period. There was consensus of the Council to defer this item until they are able to review all information on this subject. 2. Designation of Voting Delegate—League of California Cities' Annual Conference— Fiscal Impact: None (City Clerk recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities'Annual Conference in October 1998 and direct the City Clerk to inform the League of the designation) [Marcia Torgerson] City Clerk Marcia Torgerson gave the report. She explained that Mayor Pro Tem Johnson was the only Council Member attending the conference. Mayor Carden appointed Mayor Pro Tem Johnson as the Council's voting representative at the Annual Business Meeting of the League of California Cities'Annual Conference in October 1998. 3. Information Bulletin D. COMMITTEE REPORTS CC 09/08/98 Page 5 of 6 Water Committees Council Member Clay stated that San Luis Obispo County has agreed to pay the additional costs for the expanded EIR on the Nacimiento Project. Integrated Waste Management Authority Council Member Luna said that they meet tomorrow. City/ Schools Committee Mayor Carden stated that they will be meeting September 14" E. ' INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Johnson stated that he and Council Member Luna went to the Cuesta College briefing. Cuesta is looking for support from the communities. There was discussion of setting up distance learning facilities. City Attorney Mr. Hanley stated that he will be attending the League of California Cities' Conference and said that he will attend any meeting Council would like. Mayor Carden asked him to check into the super-vote. F. ADJOURNMENT: Mayor Carden adjourned the Regular Session at 8:00 p.m. to the Redevelopment Agency Meeting immediately following this meeting. MEETING RECORDED AND MINUTES PREPARED BY: Marcia M. Torgerson, City Clerk CC 09/08/98 Page 6 of 6