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HomeMy WebLinkAboutMinutes 101299 Approved 10/26/99 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 12, 1999, 7:00 P.M. REDEVELOPMENT AGENCY, 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. Performance Review: City Manager(Govt.Code § 54957.6) Mayor Johnson announced the Closed Session will be continued to the next Council Meeting on October 26, 1999. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:01 p.m. and Council Member Luna led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna and Mayor Johnson Absent: Council Member Lerno (resigned 09/21/99) Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Community Services Director Brady Cherry, Community and Economic Director Paul Saldana, City Attorney Roy Hanley, Assistant City Engineer John Neil, Chief of Wastewater Operations Mark Markwort, and Principal Planner Warren Frace, Contract Planner Doug Davidson. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Vice Chairman Arrambide to approve the agenda. Motion passed 4:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring October 1999, "Crime Prevention Month" Mayor Johnson presented the Proclamation to Police Chief Hegwood. 2. Proclamation declaring October 23-31, 1999, "Red Ribbon Week" Mayor Johnson presented the Proclamation to Police Chief Hegwood. 3. Battalion Chief Stone will introduce newly appointed firefighter Casey Bryson. Battalion Chief Stone introduced Casey Bryson to the Council. COMMUNITY FORUM: None COUNCIL ANNOUNCEMENT AND REPORTS: None A. CONSENT CALENDAR: 1. City Council Minutes— September 14, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of September 14, 1999 [Marcia McClure Torgerson] 2. Atascadero State Hospital /Chalk Mountain Golf Course Annexation—Pre-zoning and Initiation of Annexation - ANX 99001 /ZC 99009 ■ Fiscal Impact: Will generate positive revenue ■ Staff recommendation: Council introduce for second reading by title only, Ordinance No. 365,for the pre-zoning of the Annexation Territory to 606±acres to the P (Public) District and 278+acres to the L (Recreation) District on the City Zoning Map[Community Development Department] 3. Zone Change#99008 —Auto Dealers/Sales Lots Code Text Amendments (Staff Initiated) ■ Fiscal Impact: None ■ Staff recommendation: Council introduce for second reading by title only, Ordinance No. 364, amending zoning code text associated with auto dealers and sales lots [Community Development Department] 4. Memorandum of Understanding—Atascadero Firefighters Bargaining Unit ■ Fiscal Impact: Included in FY 1999-2000 budget ■ Staff recommendation: Council approve the Memorandum of Understanding authorizing salaries and benefits for the Atascadero Firefighters Bargaining Unit for Fiscal Year 1999-2000. [City Manager's Office] Mayor Pro Tem Arrambide pulled Item#A-1. Rush Kolemaine pulled Item#A-3. CC 10/12/99 Page 2 MOTION: By Council Member Clay and seconded by Council Member Luna to approve Items #A-2 and 4. Motion passed 4:0 by a roll-call vote. RE: Item #A-1: Mayor Pro Tem Arrambide asked that a correction be made to page 13, 6th paragraph, changing the word"prosperous"to "preposterous." MOTION: By Council Member Clay and seconded by Council Member Luna to approve Item #A-1 as amended above. Motion passed 4:0 by a roll-call vote. RE: Item #A-3: City Clerk Marcia McClure Torgerson noted that the word "commercial" needs to be added to the Ordinance under the section"Sales Lots", inserted between the words "heavy" and"trucks." Rush Kolemaine, P.O. Box 1990, asked the Council or City Manager to explain the changes to the public. Mr. Saldafia replied that the auto dealership will require a condition of use permit in the future. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Item#A-3 as amended above. Motion passed 4:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. General Plan Text Amendment#99009— Sewer Service Extensions for Failed Septic Systems beyond the USL ■ Fiscal Impact: None ■ Planning Commission recommendation: Council adopt Resolution No. 1999-061, adopting the Statutory CEQA Exemption Section 15061.b.3 and approve General Plan Text Amendment 99009. [Community Development Department] Principal Planner Warren Frace gave the staff report and answered questions of Council. Council Member Luna asked if the sewer is extended without being specified as not being growth inducing, would an environmental finding or a negative declaration be necessary. Mr. Frace explained that because the extension of sewer services would not actually create additional growth, the statutory exemption will still apply. He stated that if additional or future actions are taken, they would be subject to environmental reviews. Council Member Clay asked about the effect of the line on lot size. Mr. Frace responded saying that the sewer line will not effect the minimum lot size. Council Member Clay stated that he did not agree with Council Member Luna's comment about much of Atascadero's soil not being good enough for septic systems. There was no public comment. Council Member Luna stated that he would like to see 4-C (page 66) changed to read"...and where no increase in density or neighborhood character will result." CC 10/12/99 Page 3 Council Member Clay stated that he would not be able to support the change. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-061, adopting the Statutory CEQA Exemption Section 15061.b.3 and approve General Plan Text Amendment 99009. Motion passed 3:1 by a roll-call vote. (Luna opposed) 2. Colima Road Sewer Line Extension Authorization ■ Fiscal Impact: Minimal ■ Staff recommendation: Council adopt Resolution No. 1999-062, adopting the Statutory CEQA Exemption Section 15061.b.3 and approving the extension of sewer service and initiation of a project engineering study. [Community Development Department] Principal Planner Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Jennifer Eickemeyer, Colima Road, stated that she feels Mr. Frace explained the situation well. She asked the Council to support the staff recommendation. Council Member Clay asked if she had ever had her system replaced. She replied that they have had it pumped and are extremely careful during the winter. Douglas Barrett, 4696 San Anselmo Road, stated that he and many of his neighbors want the Council to extend the City's sewer service to Colima Road. Tammy Jordan, Colima Road, stated she has concerns of the financial issue. She said that she doesn't have a septic problem. She feels the drainage problem in her neighborhood is a result of natural runoff. Mayor Johnson closed the Public Comment period. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to adopt Resolution No. 1999-062, adopting the Statutory CEAQ Exemption Section 15061.b.3 and approving the extension of sewer service and initiation of a project engineering study. Motion passed 4:0 by a roll-call vote. CC 10/12/99 Page 4 3. El Centro Oaks—General Plan Amendment 97005, Zone Change 97005 and Tentative Tract Map 99008 (8605 El Centro Road—Andrew Charnley/Frank Henderson) ■ Fiscal Impact: Increased property tax base ■ Planning Commission recommendations: Council: 1. Adopt Resolution No. 1999-057, certifying the Negative Declaration; 2. Adopt Resolution No. 1999-058, approving General Plan Amendment 97005, changing the land use designation and zoning of the site from High Density Single Family to High Density Multiple Family; 3. Introduce for first reading by title only Ordinance No. 366, approving Zone Change 97005, changing the zoning of the site from RSF-X to RMF-16(PD-7); 4. Adopt Resolution No. 1999-059, approving Vesting Tract Map 99008 based on the Findings and Conditions of Approval. [Community Development Department] Community and Economic Development Director Paul Saldana explained to the Council that Doug Davidson is a contract planner at the expense of the Applicant and is of no cost to the City. Contract Planner Doug Davidson gave the staff report and answered questions of Council. Council Member Luna asked about the possibility that any of the housing would be low or moderate income housing. Mr. Davidson stated that these homes would be market driven and not affordable housing. Council Member Clay reported that he spoke with Jim Patterson, stating that he would be interested in helping mitigating some of the oaks. Council Member Luna requested to see a map showing the size of the neighboring lots. Mr. Davidson presented a vicinity map which showed the average size of the lots to be approximately 20,000 square feet. PUBLIC COMMENT Tim Roberts, Civil Engineer, representing the Applicant, Andrew Charnley. He explained in detail some of the specific aspects of this project. He also explained that there is a pre-existing drainage problem in this neighborhood. He stated he has been given permission to offer, above and beyond what is required of them, $15,000 towards improvement of the drainage issue. Council Member Clay asked if their company will oversee the drainage work. Mr. Roberts confirmed that they would. Council Member Clay asked about the oak tree issue. Mr. Roberts replied that they would be possible to incorporate the Council's ideas and work with the staff to plant younger trees to replace others. He stated that Mr. Charnley would like to propose a six- foot vinyl fence. He asked for a change to 434 to allow a Homeowner's Association or common maintenance agreement that is acceptable and reviewed by Atascadero's City Attorney or Council. He gave the Council a copy of a memorandum from Stephen Orosz, Traffic Engineer to John Neil, Assistant City Engineer(see Attachment A). John McGoff, 9192 Maple St., asked the Council to remember that development is a privilege, not a right. He stated that he does not question the integrity of the Applicant but he does question the process. Mark Barlow, 8500 El Dorado, stated that the project is not consistent with the Housing Element. He suggested that all lot sizes fall between 8,000 and 20,000, no trees be removed if possible, CC 10/12/99 Page 5 buffer zones between adjacent neighbors, preservation of view corridors, and habitat maintenance and protection(see Attachment B). Connie Barlow, 8500 El Dorado, asked for the Council to consider a reduced number of homes on this site. Rick Randicci, 8850 El Centro, stated that the neighborhood as a whole has difficulty with the density issue. He clarified that the drainage issue is only meant to be dealt with on El Centro where there is a dead end. Tim Roberts, Civil Engineer, representing Applicant Andrew Charnley, stated that the project has been reduced from 25 to 19 homes. He also stated that the drainage issue will take place under the stipulations of the City Engineering Division. Mayor Pro Tem Arrambide asked how much of the problem will be solved with the allotted $15,000 and what it would take to resolve the issue on La Lina. Mr. Roberts stated that$15,000 is more than adequate to make improvements on El Centro and contribute towards the storm drain system on La Lina. Assistant City Engineer John Neil explained the flow of the water in the neighborhood. City Attorney Roy Hanley clarified that the drainage problem is currently in existence and will not be the result of the development of the project. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-057, certifying the Negative Declaration. Motion passed 4:0 by a roll-call vote. Council Member Luna stated that he would not support the motion, but he appreciates Mr. Charnley efforts in the drainage issue. He stated that he would like to tackle the problem of providing low to moderate income housing by incorporating it in to projects like these. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-058, approving General Plan Amendment 97005, changing the land use designation and zoning of the site from High Density Single Family to High Density Multiple Family. Motion passed 3:1 by a roll-call vote. (Luna opposed) MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to introduce for first reading by title only Ordinance No. 366, approving Zone Change 97005, changing the zoning of the site from RSF-X to RMF-16 (PD-7). Motion passed 3:1 by a roll-call vote. (Luna opposed) CC 10/12/99 Page 6 MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-059, approving Vesting Tract Map 99008 based on the Findings and Conditions of Approval with the following amendments: 1) Condition 16 b: Striking"403 (Rural Collector)" to read 11405 (Local)." 2) Condition 31: Striking"Exterior" and adding, "Solid six- feet tall vinyl." At the end of the second sentence, after the word "dwellings", add, "as approved by the Community Development Department." 3) Condition 33: Adding at the end of first sentence, "to incorporate Live Oaks where necessary." 4) Condition 34: Adding at the end of the first sentence, "or similar entity." Motion passed 3:1 by a roll-call vote. (Luna opposed) The Council directed the City Attorney to make himself available to the Applicant in regards to the drainage issue. C. MANAGEMENT REPORTS: 1. Information Bulletin D. COMMITTEE REPORTS: S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson reported that Cal-Trans is pushing state-wide policy requiring concrete median barriers, and as addressed before, we would like to keep our landscaped medians. He mentioned that STIP funds are coming up in the near future. Air Pollution Control District Mayor Pro Tem Arrambide announced that their Community Forum on backyard burning had very little public participation and urged the public to get involved. City/ Schools Committee Mayor Johnson stated that the School District and parents are pushing a student pledge against gun violence for an observation on October 21, 1999. Economic Opportunity Commission Mayor Pro Tem Arrambide reported that they are still looking for space in the North County for health services for teens. CC 10/12/99 Page 7 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Luna stated that the State Controller suggested redistribution of sales tax, gradually switching over to per capita rather than point of sale. Council Member Clay asked about getting stop lights at San Gabriel and Highway 41. Mr. Cherry responded a warrants analysis was done recently. He stated that the issue of a traffic signal at that location did not meet the criteria of the warrants analysis. Mayor Johnson announced that the State has raised the maximum allowance of six homecare occupants to eight per house. Mayor Johnson also asked City Clerk Marcia Torgerson to participate in obtaining questions from the public tomorrow night on 3 X 5 index cards at the candidate forum, and they will choose eleven of those to interview the candidates. Mr. McKinney commented that eleven questions may be an extensive number. F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:22 p.m. to a special meeting on October 13, 1999 at 6:00 p.m. MEETING RECORDED BY: Marcia McClure Torgerson, City Cl k MINUTES PREPARED BY: Melanie Whaley,Deputy City Clerk ATTACHMENTS: A- Memorandum from Stephen A. Orosz, P.E., Traffic Engineer for Penfield and Smith to Mr. John Neil, Assistant City Engineer concerning El Centro Oaks and prepared on October 12, 1999. B- Map of proposed Alternative for El Centro project prepared by Mark Barlow, 8500 El Dorado. CC 10/12/99 Page 8 --- Attachment: A Atascadero,City Council Meeting Date: 10/12/99 MEMORANDUM TO: Mr. John Neal, City of Atascadero FROM: Stephen A. Orosz, P.E. Traffic Engineer SUBJECT: EI Centro Oaks W.O. 13,211.01 DATE. October 12, 1999 The memo has been prepared to respond to the memorandum received from the City Police Department. {,ed while the thoughts expressed in the memo are very logical and could generally be app'. wh patterns and volumes in the vicinity of the project under the right circumstances, the traffic p roravel patterns as a improvements identified, The shift in t do not warrant the extraordinary p suggestion would redirect traffic to Cas ada/Plata Lane, to result of the Police Department's cade However, any person living on Arcade Road would have to travel egon great gnearnce to g d to travel a great distance to get from the regional circulation the regional circulatioosystem {EI Camino Real). Likewise, any p Casada/Plata Lane w for system to get to their home. The hierarchy oftrandt systems h t secondaryeand colleoctordroadways y the majority of the traffichrtment, a arterial streets to carry beds In the case described by the Police Dep carry smaller volumes at lower pp sig nificant portion of traffic would be added to l Centrol oobservations oesnd t or wo ulald no exist with the project as proposed. Based on ear to be any traffic problems that warrant this drastic calculations, there does not app change in circulation patterns. for the Secondly, the writer of the memo did not understand that the entiall reason Significant"f category,analysis was the Initial Study. When an item is checked with the ld that could be detailed technical analysis is required. After the technicalaanalysiscoun been completed, the analysis would describe that there was no impact, an imp mitigated to a less than significant level, or that the hared fathis project found thect would create an at there ewas g would be significant. The technical analysis prep no technical basis for a significant impact determination. sident in the area contacted me who felt that there s an at isti Casght dista nce section. I Are problem that is caused by parked vehicles on El Camino discussed with him that the City has the ability to s a concern now rking and' can be resolve now, to provide adequate sight distance. if this issue asure to the project. The construction of the there is no nexus to attach a mitigation me project would not change the sight distance. Penfield Cq Srld inn �L�t�DUM h Attachment: B j F I Atakadero City Council . j Meeng Date: 16/12/99 1 \ , I 1,� \ ;i:$::}.:::.:: J:i'•iii::• .::::j' Z-Ac it LU 2 b I \ � � Q1 W 9 P r , \. LU F � l 1 • 1 , SNOU.Mos 3ALLIn 6+vCl.l'OS 3^LLY3 i