HomeMy WebLinkAboutMinutes 111301 Approved as amended November 27,2001
e
:E
MINUTES
1918 . 1 8
ATASCADERO CITY COUNCIL MEETING
TUESDAY, NOVEMBER 13, 2001
7:00 P.M.
CLOSED SESSION: (immediately following the Community Redevelopment
Agency meeting)
1. PUBLIC COMMENT - CLOSED SESSION: None
2. Call to Order
a.) Conference with legal counsel - Pending litigation (Govt. Code Sec.
54956.9)
Diamond v City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:10 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham
CC 11/13/01
Page 1
ITEM NUMBER: A-1
DATE: 11/27/2001
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Police Chief Dennis Hegwood, Fire Chief Kurt Stone, Administrative
Services Director Rachelle Rickard, Community Development Director
Warren Frace, Public Works Director Steve Kahn, Technology Director
Andrew Fruin and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to
approve the Agenda.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Eric Greening, 7365 Valle, stated he was glad to see the discussion at the Council of
Governments meeting concerning the catastrophe we have at the Highway 41 / 101 interchange.
He shared with the Council information about the County Planning Commission meeting of
October 25th at which they approved a project by Union Asphalt allowing them to dig up
approximately 1 '/2 to 2 miles of Huero Heuro Creek over a ten year period, transporting that
material to their plant near Templeton. To deal with the concerns of excessive truck traffic, they
distributed the trucks over a number of different routes, including 50 empty trucks per day
coming south on Highway 101 exiting at Highway 41 and then traveling east on Highway 41.
The City of Paso Robles on November 61h, concerned about the loaded trucks traveling on
Niblick Road and over the Veterans Memorial Bridge, appealed the project to the Board of
Supervisors where a hearing will be held early next year. Mr. Greening urged the Council to
support the City of Paso Robles in their contention that this project needs an EIR and complete
analysis of the impacts and mitigation measures.
Marge Mackey, Tunitas, asked the Council if there is a ban on backyard burning would it be
possible to have a chipper available that could move from neighborhood to neighborhood. Ms.
Mackey stated that she has a vacant lot where the chipper could be set up if the City wished to
follow up on such an arrangement. Additionally, she expressed support for the requirement of
sidewalks on the Shores project.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay stated, in regard to backyard burning, that he is on the APCD Board and
has attended every meeting and is under the impression that the City will be continuing as it has
in the past. City Manager Wade McKinney stated that he has discussed this issue with the Fire
Chief who spoke with APCD. They will be issuing a press release on Friday, to the effect that in
the hazard reduction areas, burning will still be allowed.
CC 11/13/01
Page 2
ITEM NUMBER: A- 1
DATE: 11/27/2001
Council Member Clay announced the meeting regarding Bow and Arrow Hunting within the
Atascadero City limits will be held Wednesday, November 14 from 5:00 to 7:00 p.m. in Room
102, City Hall. The public will be invited to attend and give testimony regarding the issue.
Council Member Luna asked for a status report on the money the State had promised Atascadero
for the Youth Center. City Manager Wade McKinney stated that those funds had been frozen,
however a call was received today by the Recreation Department indicating that the funds have
become available as of today. The contract is being processed and staff is working with the State
to see how payment can be expedited to insure that the City has cash in hand before the next
freeze occurs. Escrow is expected to close on December 15, 2001.
Mayor Pro Tem Scalise stated she has received calls about the backyard burning issue and would
like to see the City of Atascadero issue a press release explaining our cooperation with the
APCD and that our Fire Chief is going to be designating specific burn days for the community.
Council Member Clay referred to the drainage ditch in the area of the proposed Youth Center
and asked if the City would be giving up property on the lot line adjustment. Mr. McKinney
indicated that the City is looking at a potential trade of property on the rear of the industrial site
that would give direct access to the park. Regarding the road on the east side between the two
buildings, Mr. McKinney stated that a third building will be going in at that site which will
eliminate access on the east side.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—October 23, 2001
■ City Clerk recommendation: Council approve the City Council minutes of October
23, 2001. [City Clerk]
2. City Treasurer's Agenda Report- September 2001
■ City Treasurer recommendation: Council review and accept the September 2001
Treasurer's Report. [City Treasurer]
3. Annual Disadvantaged Business Enterprise Goal
■ Fiscal Impact: Staff time to monitor DBE Program.
■ Staff recommendation: Council adopt annual Disadvantaged Business Enterprise
(DBE)participation goal. [Public Works]
4. El Camino Real Rehabilitation Project- Bid No. 99-08
■ Fiscal Impact: $480,414.81
■ Staff recommendation: Council:
1. Accept R. Burke Corporation's work as complete; and
2. Authorize the Contract Change Order No. I with R. Burke Corporation for
$20,396 10; and
3. Authorize the Finance Director to release the project retention of$20,396 10.
[Public Works]
CC 11/13/01
Page 3
ITEM NUMBER: A-1
DATE: 11/27/2001
5. Zone Change 2001-0016 - Planned Development 16 Overlay District - Code Text
Amendment and Official Zoning Map Amendment - 5725 Portola Road (Messer /
Vaughan Surveys)
■ Fiscal Impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwellings require services that exceed the
revenue generated by the dwelling.
■ Staff recommendation: Council:
1. Adopt on second reading by title only, the draft Ordinance approving Zone
Change 2001-0016 amending the City's Municipal Code to create a new Planned
Development 16 Overlay District; and,
2. Adopt on second reading by title only, the draft Ordinance approving Zone
Change 2001-0016 amending the City's Official Zoning Map to add a PD 16
overlay district to APN 054-022-033. [Community Development]
Council Member Luna requested that Item#A-5 be pulled.
MOTION: By Council Member Johnson and seconded by Council Member Clay
to approve Consent Calendar Items #A-1, 2, 3 and 4.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to approve Consent Calendar Item#A-5.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Ordinance No. 387 and 388)
B. PUBLIC HEARINGS:
1. Shores/Davis Cluster Residential Subdivision Amendment - Amendment of Planned
Development 15 with a 44-lot Tract Map - Zone Change 2001-0015 - Master Plan of
Development (CUP) 2001-0040 - Tentative Tract Map 98013 - 3900 Traffic Way
(Shores/Tarr)
■ Fiscal Impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwellings require services that exceed the
revenue generated by the dwelling.
■ Planning Commission recommendations: Council:
1. Adopt Draft Resolution "A", re-certifying the previously approved Mitigated
Negative Declaration 99029; and,
2. Introduce for first reading by title only, an ordinance amending the Official
Zoning Map consistent with Zone Change 2001-0015; and,
3. Adopt Draft Resolution `B", approving the amendment of the Master Plan of
Development for PD-15 (CUP 2001-0040) subject to Conditions of Approval and
Exhibits; and,
4. Adopt Draft Resolution "C", approving amendment of Tentative Tract Map
98013 subject to Conditions of Approval and Exhibits. [Community
Development]
CC 11/13/01
Page 4
ITEM NUMBER: A- 1
DATE: 11/27/2001
Community Development Director Warren Frace gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Russ Thompson, representative for Applicant Jim Shores, clarified their proposal and answered
questions of Council.
John Burch,Native American Heritage Commission, stated that of the two archeologists working
on the project, one has walked off the job and the other does not have a signed contract. He
urged the Council to make sure that the archeology sites within this project will be preserved.
Eric Greening, 7365 Valle, asked the Council to preserve the historical sites within this project.
Patty Dutton, a Native American, said she assisted the archeologist, John Atwood. She
explained his report was based on his survey of this project in its original form. She stressed this
new amended proposal was not surveyed by the archeologist.
Russ Thompson, responded to some of the public's comments. He stated that the archeologist
has reviewed the map with the three additional lots and his letter of July 25th included in the
staff report (page 51) was produced after reviewing the phase three map revisions.
Mayor Arrambide closed the Public Comment period
Council Member Johnson stated that staff has gone a long way toward preserving open space,
wetlands and sensitive areas on this project, however, with a project of this size, it is difficult to
foresee all the issues which unfold as the project progresses.
Mayor Arrambide asked Community Development Director Frace if he was satisfied that the
archeological requirements are being met at this time and if there is to be an archeologist of
record on the project. Mr. Frace stated that staff continues to work with the applicant and the
property owner on getting the archeological issues resolved. They are working with Clay Singer
and Mr. Thompson to ensure that everything is progressing on the site according to the
conditions. It is a State requirement that the archeological resources cannot be destroyed and it
is the role of the archeologist on the project to determine what the process will be to ensure they
are not destroyed; the project will not move forward until the archeological requirements are
met.
Council Member Luna indicated that in his opinion this project lacks good planning and
implementation. He stated that this was not the project he originally voted for, he thinks it is a
misuse to pull out the LS zoning, that what has occurred archeologically is inept and he is
withdrawing his support of the project.
CC 11/13/01
Page 5
ITEM NUMBER: A- 1
DATE: 11/27/2001
MOTION: By Council Member Johnson and seconded by Council Member Clay
to adopt Draft Resolution "A", re-certifying the previously approved
Mitigated Negative Declaration 99029.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2001-042)
MOTION: By Council Member Johnson and seconded by Council Member Clay
to introduce for first reading by title only, an ordinance amending the
Official Zoning Map consistent with Zone Change 2001-0015.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
MOTION: By Council Member Johnson and seconded by Council Member Clay
to adopt Draft Resolution "B", approving the amendment of the
Master Plan of Development for PD-15 (CUP 2001-0040) subject to
Conditions of Approval and Exhibits.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2001-043)
MOTION: By Council Member Johnson and seconded by Council Member Clay
to adopt Draft Resolution "C", approving amendment of Tentative
Tract Map 98013 subject to Conditions of Approval and Exhibits.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2001-044)
Mayor Arrambide called a recess at 8:33 p.m.
Mayor Arrambide reopened the meeting at 8:40 p.m.
2. Appeal of Tentative Parcel May 2001-0018 - Conditions 10 and 11 - 2000 Ferrocarril
Road (Gearhart/Wilson Land Surveys)
Community Development Director Warren Frace gave a brief staff report and answered
questions of Council.
Council Member Clay, the Appellant, explained to the Council his appeal of this project. His
main concern is the liability and maintenance of the easement. He stated he feels the City of
Atascadero should take full responsibility for this easement, and he would like to see a staging
area developed. Council Member Clay distributed pictures as part of his presentation.
(Attachment A)
PUBLIC COMMENT
Myra Douglas, Chairman Amigos De Anza, stated she supports this proposed access to the River
and the De Anza Trail. She also said she supports the development of a staging area.
CC 11/13/01
Page 6
ITEM NUMBER: A- 1
DATE: 11/27/2001
Bill Obermeyer, Atascadero resident, commended the Council for creating this access to the
River. He urged the Council to develop a staging area as people will park at the entrance and
disturb the residences in the area.
Tom O'Malley, Planning Commissioner, stated the Planning Commission unanimously
supported the creation of public access to the trail, but they did struggle with uncertainty as to
how to secure access while meeting the needs of the City. He would like to see these legal issues
addressed by the Council. Speaking personally, he stated that he has met with neighbors in the
area and the two key issues appear to be limitation of vehicle traffic and continued access to the
public areas of the river and the trail. He also agreed with the proposed staging area to provide
for vehicle parking off of the cul-de-sac.
Jean Kuntz, stated she supports the creation of this easement and staging area.
Jonelle Norton, 7700 Atascadero Ave., expressed her concern with the size of the cul-de-sac and
the proximity of the neighbors along the cul-de-sac. She would like to see the trail continue to
be used for pedestrian and light horse access. She is concerned that a staging area might
encourage overnight use or large gatherings, which would impact the neighborhood. She sees
this as more of a neighborhood access rather than a primary one and would like to see signage
welcoming people to the trail while directing them to larger staging areas to the north or south
for trailer use, etc.
Kelly Gearhart, Applicant, stated he offered the 20-foot easement but he is opposed to the
staging area.
Marge Mackey, Tunitas, felt that Council Member Clay's plan was a good one and if the trail
and staging area were developed before the homes were built, then potential buyers would know
they were there and would have the option not to purchase if they did not like it.
Joe Kuntz, Atascadero resident, stated he likes Council Member Clay's plan, and feels that if the
foot trail is to be shared with pedestrians it must be at least 20 feet wide. He felt that a staging
area would prevent people with large horse trailers from parking in front of homes in the
neighborhood.
Mayor Arrambide closed the Public Comment period.
Council Member Johnson commended the Planning Commission for requiring the trail access.
He does not however support placing a major staging area at this location as one already exists to
the north. Additionally, he does not support the City assuming the liability for the easement at
this time.
Mayor Pro Tem Scalise was pleased to hear all of the comments on this item, she stated that she
feels the two staging areas to the trail are sufficient, and that having a staging area in a residential
neighborhood would present problems.
CC 11/13/01
Page 7
ITEM NUMBER: A- 1
DATE: 11/27/2001
Council Member Luna felt that some parking was necessary for pedestrian usage of the trail to
avoid a negative impact on the neighborhood. He stated that it is time for the City to assume
some responsibility for these trails within the community.
Council Member Clay stated that there would eventually be a natural staging area in that location
as people will pull in and park to use the trail. He feels those individuals who use these trails are
good people who will not be parking overnight,partying, etc.
MOTION: By Council Member Clay that the easement include a staging area at the
end of the cul-de-sac, a minimum of 40 feet by 60 feet wide.
Motion failed for lack of a second.
Council Member Johnson reiterated that he supports the trail.
Council Member Luna commented that the City Attorney has stated that the Council does not
have the nexus to do what Council Member Clay proposed.
Council Member Clay agreed with Council Member Luna and stated he disagrees with the City
Attorney's comments.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to deny the appeal.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
C. MANAGEMENT REPORTS:
1. Parks and Recreation Commission Youth Representative - Proposed Revisions to the Age
Requirements
■ Fiscal Impact: None
■ Staff recommendation: Council adopt the draft Resolution revising the age
requirements for the Parks and Recreation Commission Student Representative.
[Community Services]
Assistant City Manager Brady Cherry presented the staff report.
PUBLIC COMMENT
Eric Greening, 7365 Valle, expressed his support for this update of the youth representative
recruitment process.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member Johnson
to adopt the draft Resolution revising the age requirements for the
Parks and Recreation Commission Student Representative.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-045)
CC 11/13/01
Page 8
ITEM NUMBER: A- 1
DATE: 11/27/2001
2. Information Bulletin
a. Energy Conservation: Assistant City Manager Brady Cherry referred Council to
the spreadsheet in their packets outlining the City's kilowatt usage during July
and August 2001. Citywide electrical use was reduced by approximately 16% in
August and 9% overall. City buildings showed significant reductions in kilowatt
usage.
b. Chamber's Activities and Programs - July through September 2001
D. COMMITTEE REPORTS:
Mayor Arrambide
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): SLOCOG met and a recommendation was made that Atascadero would
contribute their regional Choice Funds into the formula for the 101/41-interchange redo.
It is a $14 million project, which will translate to $423,000. There was support for this
recommendation but with the understanding that it would be placed on the Council's next
agenda.
2. Water Committees: A presentation was made at the North County Water Purveyor's
Forum by Christine Ferrar, County Engineer, regarding the Nacimiento 17,500 acre-feet
of water that would be available. The issue is that San Luis Obispo needs this water
while the North County jurisdictions do not.
3. County Mayor's Round Table: Met in Morro Bay and had a presentation on the
anhydrous ammonia leak and subsequent evacuation of the downtown.
4. Mayor Arrambide announced that there is joint City Council meeting planned for January
24th, notices will be sent to Council Members.
Mayor Pro Tem Scalise
1. City / Schools Committee: The truancy issue was discussed and a report is being put
together to be presented to the Atascadero Youth Task Force with a final report submitted
to the Superintendent of Schools. The suggested Safe Routes to School program has
applied for a grant.
2. Economic Opportunity Commission (EOC): Meets Thursday and will be receiving a
report from County Administration on the tobacco funds and the upcoming ballot
initiative.
3. Atascadero State Hospital Advisory Board: Had an in-depth briefing on the recent
escape and the issues brought to light by it.
4. Economic Vitality Corporation, Board of Directors (EVC): Council Member Johnson
will be going to Camp Roberts on Thursday to review some potential liaisons resulting
from government proposals at the Camp.
CC 11/13/01
Page 9
ITEM NUMBER: A- 1
DATE: 11/27/2001
Council Member Luna
1. Integrated Waste Management Authority (IWMA): Meets tomorrow at which time
information will be available as to the cost of shipping and disposal of CRT's and
television sets (now considered hazardous waste)to Kettleman City.
2. North County Homeless Coalition: There was a discussion regarding working with
various churches to provide a homeless night shelter.
Council Member Johnson
1. Local Agency Formation Commissions (LAFCO): Mike Ryan has been elected as a
statewide board member to LAFCO.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Arrambide met with a downtown merchant who was upset because the City filled several
holes in the sidewalk with cement where there once were trees. A discussion ensued regarding
the City's plan for trees in the downtown.
City Treasurer
City Treasurer David Graham reminded the Council that interest rates continue to plummet.
City Manager
City Manager Wade McKinney told the Council the State is facing an $8414 billion deficit. He
explained they would either raise taxes and/or cut their budget. Atascadero's total VLF revenue
is approximately$1.4 million and is 12 % of the City's budget. The backfill portion by the State,
which is at risk, is about $980,000. One of the ideas that San Luis Obispo County has heard
from the State is a potential plan by the Legislative Budget Committee that would take away the
backfill VLF. The City will now work at contacting their various employee associations, as well
as informing the Chamber of Commerce and the newspapers about this State finance issue, and
letters are being prepared for Council signatures to the various individuals involved in this
discussion. 51% of the City's operation is currently allotted to public safety and both the Police
Chief and Fire Chief have indicated that the City is currently understaffed with respect to the
continued operation of both departments. Within operations, most of the budget goes to keeping
the lights on in the buildings and putting gas in the vehicles. There are no special project funds
in operations, and very few funds to be cut in public safety, so if more than 50% of the budget is
taken away and cannot be touched, then what must be dealt with is a million dollars worth of
cuts in the remaining budget. Built into this budget was an expectation of a downturn in the
economy and a variety of places have been funded including the reserves and set asides for
equipment and buildings via rolling stock and other places, including PERS. A straight out
million-dollar takeaway in addition to the reduction would have a negative impact on the level of
services provided to the community. As Atascadero explains to its citizens in specific measures
what a million dollar cut means, it is hoped that grassroots support will be generated for keeping
local government revenues whole in dealing with the State's fiscal issues in Sacramento.
Additional information will be provided, and letters will be prepared for any Council Member
CC 11/13/01
Page 10
ITEM NUMBER: A- 1
DATE: 11/27/2001
who wishes to individually sign, and general letters will be provided to the Governor and
Legislature regarding the City's concern for the vehicle license fee takeaway.
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:27 p.m. to the next regularly scheduled meeting
on November 27, 2001.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Attachment A—Council Member Clay
CC 11/13/01
Page 11
'L 14 T �{ i •l 1
tale.,
Y
jvi
�t 4-
-
xY
. Xl
a
dog
a �
7 ga �� � �I_5 � Cly}•• 96 �1h .Y�'� 7 F� �{ _�»�.
I n a to'� J `� ♦4.....- y ,.r"•_ l ',�"A
b
S of
-.7,;,;
f
yr !u"ey :1�+r,W��k+ 1 ,.y} :4•�� � �Tc t�si�� y ,
4�
f`.
l
j�
'' JIM GREEN TRAIL
Ko
i
`t �t<A4��
� �40 -
i pK
r ,
r
.>W �a+.••Y.�hc�n ' � �.,-^,"-r +�G �t U .lib r f �1 � �. �
7 r%A1 I r,� ' A'"�F J, ,y �•t 4 .'uA� � 7 IaTA"Y�.Ni4 1�.�La��4 '.�Jr �.
� r � .�, J � s y •�. f ;y K, �-�w� '.dry, w""�y�
gar, < �T Yt-'f) •,�F'"fid n'M''t.` ���"x'l$•k.',�! -'
y F
9
a/
F
j
tvpl
. .: y
4�3
� A .r •.
,.ham .L• ... �. � � �'�r �J h
�,,...... rte+...-...r
i
l �
te
00
10,
V- ..
r 1 `