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HomeMy WebLinkAboutMinutes 042302 Approved May 14,2002_ MINUTES sgxy p 19is a CITY OF A TA SCADERO CITY COUNCIL TUESDAY, April 23, 2002 7:00 P.M. PLANNING COMMISSION INTERVIEWS: 3:30 P.M. 1 . Interview candidates 2. Select, by ballot, two citizens for the Planning Commission. Mayor Arrambide called the meeting to order at 3:30 p.m. ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney and City Attorney Roy Hanley. PUBLIC COMMENT: None INTERVIEWS AND APPOINTMENTS: 1. Planning Commission ■ City Clerk recommendation: Council interview the six candidates and select, by ballot, two citizens to serve on the Planning Commission. CC:04/23/02 Page 1 Approved May 14,2002_ The Council interviewed the six candidates and appointed Roberta Fonzi to another four-year term to expire February 2006,and Robert "Grigger" Jones to fill the vacancy that will expire in February 2003. ADJOURNMENT: Mayor Arrambide adjourned the Interview Session at 5:30 p.m. to the Regular Session at 7:00 p.m. DINNER BREAK 5:30-6:30 P.M.: REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: Chairman Luna reported that the closed session would be moved to the close of the Regular Session of the City Council Meeting. 1. PUBLIC COMMENT - CLOSED SESSION 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 REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 8:00 p.m. and Council Member Clay led the Pledge of Allegiance. CC 04/23/02 Page 2 Approved May 14,2002_ ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Technology Director Andrew Fruin, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. 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. PRESENTATIONS: 1. Certificate of Appreciation to Dr. Dwayne Burbach. Police Chief Dennis Hegwood explained the Special Response Team (SRT) program and how Dr. Burbach made the training possible with a donation of $5000.00. Mayor Arrambide presented Dr. Burbach with the certificate of appreciation. Dr. Burbach thanked Council for the special recognition. Chief Hegwood also presented team members with the Special Response Team patch: Sgt. Brian Dana, Sgt. Joe Allen, Sr. Officer Eric Vitale, Officer Josh Bowling, Officer Franco Bechara and Officer Jeff Wilshusen. 2. Sudden Oak Death Update - ANTA representative will introduce guest speakers from SLO County. Bruce Boniface, President of Atascadero Native Tree Association (ANTA), gave an update to the Council about ANTA's recent projects, and introduced Bill Tietje, Natural Resources Specialist with the University of California Cooperative Extension Service who spoke on the history and biology of Sudden Oak Death, and Cerae Speidel from the County Agricultural Commissioner's Office, who spoke on monitoring and regulating the potential spread of Sudden Oak Death in San Luis Obispo County. CC 04/23/02 Page 3 Approved May 14,2002_ Supervisor Mike Ryan, Chairman of Local Fire Safe Council, stated he has been working on this problem since January 2000, and much work has been done in Sacramento getting the money organized to do the scientific studies to determine the cause of Sudden Oak Death and how it spreads. Supervisor Ryan related his experiences in viewing areas devastated by Sudden Oak Death and felt locally it is best to become educated on the disease and to follow and support the various pending State and federal bills regarding the disease. PUBLIC COMMENT Eric Greening, 7365 Valle, suggested Council agendize a lobbying position as soon as possible relative to AB2251 and anything else on the State and federal level dealing with this disease. Mr. Greening questioned whether the organism is changing as it spreads, whether it is as contagious in the foliar host state as it is in the acute state of oak death and how long the spores or contagious particles remain active once they are deposited on a surface. He felt that precautions should be taken at this time with hikers and others moving vegetative material. Mayor Arrambide closed the Public Comment period. Council Member Luna said that Mr. Greening made a great suggestion about getting involved in the lobbying effort for funds to fight this problem. Mayor Arrambide asked ANTA to work with staff and keep them informed on legislative action concerning this issue. He also asked for a report from ANTA at the next Council meeting that would answer some of the questions raised. This report would give the Council the opportunity to take a position on this matter. Mayor Arrambide asked for Council consensus. Council Member Luna agreed and stated that they need to get the letter in before the May revise. There was Council consensus to have staff produce a letter and Mayor Arrambide asked Bruce Boniface to work with Community Development Director Warren Frace. COMMUNITY FORUM: Eric Greening, 7365 Valle, referred to the large oak log in Stadium Park, and suggested that it should have been preserved and integrated into the plans for the stage. However, sometime within the last two to three weeks a piece of heavy equipment in the bowl pushed the log monument 60 feet and fragmented it. Mr. Greening questioned who had done this and for what purpose. Mayor Arrambide closed the Community Forum period. CC 04/23/02 Page 4 Approved May 14,2002_ COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna asked if staff had any information on Mr. Greening's comments. City Manager Wade McKinney stated that they did not know of any equipment in the Park or any action taken and that they would look into it. Council Member Clay referred to 14 houses in San Luis Obispo built as affordable housing and the 1 ,000 people applying for them, many of whom where from out of the area. He suggested that as Atascadero considers affordable housing units and density bonuses in the General Plan Update, there be a criterion put in place which would not eliminate anyone but rather accommodate those who live in Atascadero and possess limited funds. Additionally Council Member Clay asked if it would be possible for Atascadero to have a vehicle clean up day. Review of Design Standards for Metal Buildings - Mayor Arrambide Mayor Arrambide stated he is concerned with the increased number of metal buildings being proposed in Atascadero, specifically in the view corridor of 101/El Camino. He suggested the Council consider an emergency ordinance that would apply while design standards for metal buildings are being considered. Council Member Luna said that he agrees with Mayor Arrambide. Council Member Johnson stated he doesn't support an urgency ordinance and questioned how the existing rules are implemented. PUBLIC COMMENT Ursula Luna, encouraged the Council to include Morro Road in the consideration of design standards for metal buildings. Kelly Gearhart, expressed his concern with the Council setting specific standards for metal buildings; everyone has a different opinion as to what is exceptional. Mayor Arrambide closed the Public Comment period. A. CONSENT CALENDAR: 1. City Council Workshop Minutes — April 8, 2002 ■ City Clerk recommendation: City Council approve the City Council Workshop minutes of April 8, 2002. [City Clerk] 2. City Council Minutes - April 9, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of April 9, 2002. [City Clerk] CC 04/23/02 Page 5 Approved May 14,2002_ 3. March 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,259,461.62 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for March 2002. [Administrative Services] 4. Weed/Refuse Abatement Program ■ Fiscal impact: Costs are recovered through the administrative fees. ■ Staff recommendation: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2002-2003 Tax Roll. [Fire] 5. Final Parcel Map 2001-0007 - Parcel Map 99010 [TPM 99-0101 5400 Robles (Shores/Volbrecht) ■ Fiscal impact: None ■ Staff recommendations: Council: 1. Accept Final Parcel Map 2001-0007 (Parcel Map 99010); and, 2. Accept offers of dedication for streets and easements. [Public Works] 6. Final Parcel Map 2002-0028 - Parcel Map AT 2001-195 [TPM 2001-00191 5725 Portola Road (Messer / Wilson) ■ Fiscal impact: None ■ Staff recommendations: Council: 1. Accept Final Parcel Map 2002-0028 (Parcel Map AT 2001-195); and, 2. Reject offers of dedication for streets purposes and public utility easements without prejudice to future acceptance. [Public Works] MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the Consent Calendar. Motion passed 6.0 by a roll-call vote. (Item #A4 Resolution No. 2002-011) B. PUBLIC HEARINGS: 1. Zone Change 2001-0020 / Conditional Use Permit 2001-0049 / Tentative Tract Map 2001-0012 (Tract 2416) - 5080 Palma Ave. (Elbert Gifford / Wilson Land 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. ■ Planning Commission recommendations: Council: 1. Adopt draft Resolution "A", certifying the proposed Negative Declaration 2001- 0052; and, 2. Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0020; and, 3. Adopt draft Resolution "B", approving Conditional Use Permit 2001-0049 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt draft Resolution "C" approving Tentative Tract Map 2001-0012 subject to findings and conditions of approval. [Community Development] CC 04/23/02 Page 6 Approved May 14,2002_ Community Development Director Warren Frace gave the staff report and answered questions of Council. Council Member Luna questioned, relative to making the finding of project benefit in converting multi-family into single-lot residential, why one of the units in. this project couldn't be made affordable. Director Frace stated that currently the City does not have a requirement for an inclusionary or affordable component, however Council has the final authority to impose any conditions they see fit. Council Member Luna stated that he would like to see one of these units deed restricted. PUBLIC COMMENT - None MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to adopt the draft Resolution "A" certifying the proposed Negative Declaration 2001-0052. Motion passed 5.0 by a roll-call vote. (Resolution No. 2002- 012) Motion: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to: ■ Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0020; and, ■ Adopt draft Resolution "B", approving Conditional Use Permit 2001-0049 for the Master Plan of Development subject to findings and conditions of approval; and, ■ Adopt draft Resolution "C" approving Tentative Tract Map 2001-0012 subject to findings and conditions of approval. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Item #B- 1.3 Resolution No. 2002-013, Item #B-1.4 Resolution No. 2002-014) 2. Zone Change 2001-0017 / Conditional Use Permit 2001-0047 / Tentative Tract Map 2001-0010 (Tract 2446) - 7250 Santa Ysabel Ave. (Kelly Gearhart / Wilson Land 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. ■ Planning Commission recommendations: Council: 1. Adopt draft Resolution "A", certifying proposed Negative Declaration 2002-0009; and, 2. Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0017; and, 3. Adopt draft Resolution "B" approving Conditional Use Permit 2001-0047 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt draft Resolution "C", approving Tentative Tract Map 2001-0010, subject to findings and conditions of approval. [Community Development] CC 04/23/02 Page 7 Approved May 14,2002_ Community Development Director Warren Frace gave the staff report and answered questions of Council. Council Member Luna reiterated his concerns as expressed on the prior item regarding trying to comply with the housing ordinance and supply some affordable housing. PUBLIC COMMENT Kelly Gearhart, developer, stated he was a firm believer in affordable housing and is in favor of doing a deed restriction. He stated that lot no. 5 could work, as it is a two-bedroom home. Mayor Arrambide closed the Public Comment period. MOTION: By Council Member Johnson and seconded by Council Member Luna to adopt draft Resolution "A", certifying proposed Negative Declaration 2002-0009. Motion passed 5.0 by a roll-call vote. (Resolution No. 2002- 015) MOTION: By Council Member Johnson and seconded by Council Member Luna to: ■ Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0017; and, ■ Adopt draft Resolution "B" approving Conditional Use Permit 2001-0047 for the Master Plan of Development subject to findings and conditions of approval and deed restricting Lot No. 5 to a sales price that meets the County defined moderate income rate for a period of 10 years; and, ■ Adopt draft Resolution "C", approving Tentative Tract Map 2001-0010, subject to findings and conditions of approval and deed restricting Lot No. 5 to a sales price that meets the County defined moderate income rate for a period of 10 years. Motion passed 5.0 by a roll-call vote. (Item #B-2.3 Resolution No. 2002-016, Item #B-2.4 Resolution No. 2002-017) C. MANAGEMENT REPORTS: 1 . Atascadero Road Program ■ Fiscal impact: None ■ Staff recommendation: Council receive the report and give staff direction on the following issues: 11 Allowing non-licensed persons to work in the public right-of-way; and 2) Required road improvements for new development. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. CC 04/23/02 Page 8 Approved May 14,2002_ PUBLIC COMMENT — None MOTION: By Council Member Johnson and seconded by Council Member Luna to ask staff to bring back an ordinance on both subjects as briefed. Motion passed 5.0 by a roll-call vote. D. COMMITTEE REPORTS: Mayor Arrambide 1. Water Committees: There will be a meeting on Wednesday for the North County Water Purveyors that will include a presentation on the status of water in the north county. The Paso Robles Basin study is finishing up with phase 1 and moving into phase 2, which will measure water quality. Council Member Luna 1. Integrated Waste Management Authority (IWMA): Meets on Wednesday and it is anticipated that both the staff and the Paso Robles sub committee will recommend that Paso Robles join. Council Member Johnson 1. Local Agency Formation Commissions (LAFCO): Current issue is sphere of influence in Pismo Beach. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay suggested a competition with Paso Robles for the Big Brothers/Big Sisters Bowl-a-thon. City Clerk City Clerk Marcia Torgerson announced that the Council interviewed six applicants for the Planning Commission and appointed Roberta Fonzi to another four-year term to expire February 2006, and Robert "Grigger" Jones to fill the vacancy that will expire February 2003. City Manager City Manager McKinney asked Chief Stone to update the Council on the local burn status. Chief Stone stated that as of tomorrow morning at 8:00 a.m. burning would be suspended for the season. CC 04/23/02 Page 9 Approved May 14,2002_ City Manager McKinney reported on the Volunteer Appreciation luncheon scheduled for Thursday, 12:00 noon at Players Restaurant. F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 10:15 p.m. to the next regularly scheduled meeting on May 14, 2002. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION - None 2. Call to Order b.) 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. MEETING RECORDED AND MINUTES PREPARED BY: )2a 1 Marcia McClure Torgerson, City rk CC 04/23/02 Page 10