HomeMy WebLinkAboutMinutes 062502 Approved September 10,2002
MR CITY OFATASCA DERO
CITY COUNCIL
MINUTES
TUESDAY, June 25, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION: This item was continued.
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a.) Conference with labor negotiator (Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Mid-Management/Professional and
Confidential.
3. Adjourn
4. CLOSED SESSION REPORT
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. and led the Pledge of
Allegiance.
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ROLL CALL:
Present: Council Members Luna, Clay, Johnson, Scalise and Mayor
Arrambide
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Deputy Executive Director John
Jansons, Community Development Director Warren Frace,
Public Works Director Steve Kahn, Technology Director Andrew
Fruin, Assistant Planner Glenn Rider, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone 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:
Richard Hill, 8400 San Gabriel Road, stated the City has used nuisance abatement
regulations as an excuse to harass his mother regarding the condition of her
property and the number of cats she keeps. He is concerned about the affect this
is having on his mother's health. Mr. Hill stated for the record that he has no
intention of starting any violence, but he does not intend to back down from
fighting the City on this issue.
Maxine Hill, 8400 San Gabriel Road, stated the stress of the City pressuring her to
clean up her property is affecting her health. She asked to be left alone, as she is
not bothering anyone.
Pearl Munak, Homeless Housing Project, announced they have temporarily
suspended the motel voucher program due to a lack of funding. She stated that
any help from any source would be appreciated.
Karen Kusworth, owner of a business on Traffic Way, stated that Weyrich
Construction is a bad neighbor to the local small business community. She is
concerned that parking and traffic congestion issues were not properly addressed
before construction started on the Carlton project. She requested that these issues
be calendared for discussion in a public forum as soon as possible.
Mayor Arrambide closed the Community Forum period.
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COUNCIL ANNOUNCEMENTS AND REPORTS: None
A. CONSENT CALENDAR:
1. City Council Minutes — June 11, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of June 11,
2002. [City Clerk]
2. May Disbursements — May 2002 Accounts Payable & Payroll
■ Fiscal impact: $1,142,958.97
■ Staff recommendation: City Council approve certified City accounts payable, payroll and
payroll vendor checks for May 2002. [Administrative Services]
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Scalise to approve the Consent Calendar.
Motion passed 5.0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. General Plan Update Adoption Hearing - General Plan 2025 / Final EIR GPA
2000-0001 / ZCH 2002-0026
■ Planning Commission recommendations: City Council:
1. Adopt draft Resolution "A" certifying the Final Environmental Impact Report SCH
#2001121027 subject to findings, a Statement of Overriding Considerations and a
Mitigation Monitoring Program; and
2. Adopt draft Resolution "B" approving General Plan Amendment 2000-0001 to adopt
a new General Plan Policy document and diagrams for the Land Use, Open Space,
Conservation, Circulation, Safety, Noise and Housing Elements; and
3. Introduce for first reading by title only the draft Ordinance "A" approving Zoning
Map amendment 2002-0026 to amend the zoning map consistent with the General
Plan. [Community Development]
Community Development Director Warren Frace gave the staff report and
introduced Environmental Consultant Paul Crawford of Crawford, Multari and Clark.
Environmental Consultant Paul Crawford gave an overview of the environmental
process followed in the preparation of the EIR and the public input received.
Staff answered questions of the Council and clarified the issues addressed in the
EIR and Draft General Plan.
Council Member Luna, using a PowerPoint presentation asked for clarification on
several issues. (Exhibit A)
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PUBLIC COMMENT
Joanne Main, Executive Director of the Chamber of Commerce, stated that
everyone in the audience with a yellow hat supports the update of the General
Plan. Ms. Main told the Council that the Chamber Board also supports the
proposed General Plan. (Exhibit B)
Dean Coker, Land Planner, expressed his support for the General Plan update in a
prepared statement read into the record by Joanne Main. (Exhibit C)
Leslie Halls, San Luis Obispo County Builders Exchange, urged the Council to adopt
the proposed General Plan in a prepared statement read into the record by Joanne
Main. (Exhibit S)
Hal Carden, 5355 San Jacinto, thanked the Council for the enormous amount of
time they have spent reviewing the General Plan documents. Mr. Carden felt the
General Plan as presented is a document the Council and the public at large can
support.
Janet Fitzpatrick, 2580 1 Street, Santa Margarita, Atascadero business owner and
President of the Atascadero Chamber of Commerce, stated she is speaking on
behalf of the Chamber Board when she states her support for the adoption of the
proposed General Plan.
Rosemarie Handy, Atascadero, reading from a prepared statement, indicated that in
her opinion the majority of Atascadero residents are in favor of protecting the rural
atmosphere of Atascadero and preventing sprawl. (Exhibit E)
Sid Bowen, 5550 Cascabel, said he is opposed to the elimination of guest housing
in Atascadero. He explained that he supports the proposed General Plan but would
like to see guest housing included in the Plan.
Bob Acknefesian, staff attorney for the Environmental Defense Center of San Luis
Obipso representing ECOSLO, stated he was disturbed by an apparent lack of
discernable objectives and goals for this project, and he feels it is impossible to do
an adequate alternative analysis without them. Mr. Acknefesian also expressed his
concern regarding the inadequacy of the water supply given projected future
growth.
Jessica Colmeyer, 8670 Santa Rosa Road, Environmental Intern at the
Environmental Defense Center of San Luis Obispo, stated the EIR does not
adequately address the impacts on small animal and plant species and the quality
and quantity of wildlife habitat and vegetation. She said she does not support the
General Plan.
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Gordon Hensley, Environmental Analyst for the Environmental Defense Center in
San Luis Obispo representing ECOSLO, shared examples of deficiencies in the
Statement of Overriding Considerations in a handout for the Council. (Exhibit F)
Eric Greening, 7365 Valle, stated that he urges the Council to continue the draft
Ordinance before them tonight. He feels the City is not in a position at this time to
defend any document because of the precedent just set by the Planning
Commission in relation to the 3F Meadows project whereby mitigations were
significantly altered after the fact.
Pamela Martinez shared her concerns regarding the quality of life in Atascadero.
She requested Council look at the guesthouse issue again as she feels they are a
way to keep families together.
John Heatherington, speaking for the Atascadero Homeowners Association,
addressed their concerns with the update of the General Plan in a prepared
statement. (Exhibit G)
Julie Bennett, 3725 Monterey Road, stated she would like to see the Council
include guesthouses in the updated General Plan. She submitted for the record,
letters from citizens supporting the inclusion of guesthouses in the General Plan.
(Exhibit H)
David Crouch, Atascadero resident, expressed his concerns with the proposed
General Plan in a prepared statement. (Exhibit 1)
Mayor Arrambide recessed the hearing at 9:05 p.m.
Mayor Arrambide called the meeting back to order at 9:16 p.m.
Betty Scanlan, Flores Road, read her questions and the Consultant's responses,
which she felt were inadequate, in a prepared statement. (Exhibit J)
Rick Mathews, Atascadero, gave the Council his suggestions for additional
language in the General Plan in a prepared statement. (Exhibit K)
Anita Robinson, speaking on behalf of the SLO County Housing Trust Fund, read
statistics on Atascadero from the 2000 Census, in an attempt to show who are the
citizens of Atascadero and what are their needs.
Becky Pacas, listed the reasons she is opposed to the proposed General Plan in a
prepared statement. (Exhibit L)
Russ Thompson, 7400 Morro Road, spoke in support of the General Plan as
proposed and felt it a step in the right direction to move Atascadero forward.
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Doug Davidson, Planner for Cannon Associates, 364 Pacific Street, stated his
support for the proposed General Plan. He explained that before his employment
with Cannon, he was a planner for the City of Atascadero from 1984 to 1997. Mr.
Davidson stated he was the primary author for the 1985 and 1992 Housing
Element for Atascadero. He spoke of the difficulties involved in finding a balance
between providing housing opportunities for all incomes versus the preservation of
the rural atmosphere.
Ellen Beraud, 9608 Laurel Road, spoke in opposition to the General Plan and stated
her belief that the concerns of many citizens were not adequately addressed.
(Exhibit M)
Steve Goode, 8830 San Gabriel, stated he is against the proposed General Plan and
suggested this decision should be placed on the ballot in November.
Bill McFarland spoke in support of eliminating the building of guesthouses in
Atascadero.
Jody Smith, Atascadero, asked the Council to remember that there is a homeless
population in Atascadero and complimented the Council for providing for low-
income housing and multi-family units in the proposed General Plan. She urged the
Council to dedicate themselves to insuring that this housing will actually be
constructed and that rents will be assisted to keep them affordable.
Victoria Rench, said she moved to Atascadero from England because she enjoys
the rural character and she planned on building a guest cottage for her family to
stay in when they visit. She urged the Council to include guesthouses in the
General Plan.
Scott Griffin, 5310 Carrizo, thanked Council and staff for their responsiveness to
his concerns regarding his property and was appreciative of the many General Plan
meetings where he was able to voice his opinion and hear a response.
Doug Lewis, citizen at large, advocated a persistent and conscientious effort to
restore the Post Office to a downtown location. (Exhibit N)
Tom O'Malley, 6650 Portola, stated that he was willing to lose some rural
atmosphere if it meant providing homes for some of his neighbors. Mr. O'Malley
expressed his support for smart growth principles and their inclusion in the General
Plan. Additionally, he spoke in support of Policy 4.1 that specifically addressed
cooperation with the Atascadero Main Street Association and felt this would be
helpful in working toward ensuring a viable downtown.
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Mary Hickey, Santa Rosa Road, spoke about her concern for the environment and
for an effective evacuation plan given the projected population increase. She felt
the General Plan update was unnecessary and should not have been pursued due to
several conflicts of interest.
Lee Perkins & Tom Comar, 5525 Cascabel, expressed their concerns with the
proposed General Plan in a prepared statement read by Daphne Fahsing. (Exhibit
0)
Daphne Fahsing, asked how a more crowded population could support a higher
standard of living and increased services as housing does not pay for those
services. She also expressed concern regarding the effect of increased population
on air quality.
Barbie Butz, 3370 San Fernando Road, thanked the Council for their efforts, for the
workshops, and for listening to what everyone had to say regarding the update of
the General Plan. Mr. Butz also commended the Planning Commission and staff for
their hard work during this process. She reminded those present that expressed
negative feelings for contractors and developers, that they live in homes in many
areas that were at one time developed and constructed by these people and who
provide jobs for other related businesses in the community.
Jim Patterson, 9312 North Santa Margarita Road, stated that Atascadero must find
a balance between economic development and housing.
Lon Allan, President of the Atascadero Historical Society, spoke as a representative
of their Board of Directors. The Society has been concerned about protection of
historic homes and buildings and creek setbacks. They appreciate the historic
preservation policies in the new General Plan and are ready to assist in making
them workable. The Board feels strongly that no commercial building should be
built within 10 feet of the creek and do not feel the Planning Commission should
have the ability to make any exceptions to setback standards.
Marge Mackey, said that she is opposed to the update of the General Plan as it
doesn't reflect the wishes of the majority of the residents' of Atascadero. She
would like to see the General Plan placed on the November ballot.
Steve LaSalle, said he agrees with Ms. Mackey and urged the Council to keep the
existing General Plan.
Robert Nimmo, congratulated the Council and staff on the time they have spent on
the process of updating the General Plan. He feels this has been a most thorough
attempt to bring the planning for Atascadero up to date.
Mayor Arrambide closed the Public Comment period.
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Council Member Johnson spoke in favor of smart growth and compared its
principles to the goals set forth in the General Plan concluding that Atascadero has
been utilizing the concepts for many years and has been successful in their
application. Council Member Johnson questioned the definition of "rural character"
as used by some during the public comment period. He stated that this General
Plan only impacts a small part of the City with the average lot size remaining at just
a little under one acre per lot with many west side properties outside of the open
area having ten acres and over. Council Member Johnson stated that there is a
price to pay for a rural atmosphere in the subsequent lack of affordable
housing/starter homes, which can lead to closure of schools due to lack of
enrollment, lack of good medical care because housing prices discourage doctors,
nurses, etc. from practicing in the area as well as many other occupations effected
by high housing prices.
Council Member Luna stated that he has been a strong proponent of affordable
housing from the beginning, and he feels affordable housing includes apartments
and other multi family housing in addition to single-family homes, something the
General Plan has failed to provide in the last ten years. The updated General Plan
provides a good opportunity for more affordable housing, however, if the same
attitude prevails as was taken over the last 10 years of building lots of single family
residential housing, then there will be no affordable housing. Therefore, he feels it
is an absolute necessity for the Council to make provision for tracking affordable
housing. Council Member Luna feels the highest priority at this time should be to
update the zoning ordinance to make it consistent with this General Plan.
Council Member Clay referred to Policy 2.2 and is supportive of allowing a petition
for a possible split in the situation where there are two non-conforming lots
surrounded by a number of smaller lots.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to adopt the alternate verbiage listed below for Policy
2.2, Programs 1.:
Within the Urban Services Line allow for planned
developments to approve lot sizes below district
minimums in the SE, SFR-Z and SRF-Y land use areas
only, when no more than two (2) existing lots are
surrounded on all sides within the same land use
designation by non-conforming lots. Minimum lot sizes
shall not exceed maximum General Plan densities of the
next lowest single-family land use designation.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
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Council Member Clay referred to Policy 6.4 and expressed his concern that
historical zoning overlay might not be appropriate as Colony houses are scattered
throughout the City. He felt an ordinance for preservation of historic houses might
be more appropriate than a zone. Community Development Director Warren Frace
explained that currently there is a historical protection overlay zone within the
zoning ordinance that has never been mapped onto any sites, and it allows for
identification of individual lots on a case-by-case basis, so it is not necessary to
blanket rezone an entire area. The General Plan calls for a process that would
identify which houses or structures should be subject to this protection.
Council Member Luna referred to page II-33 No. 10 and the issue of selective brush
clearing and low impact trails and stated that his concern was for the large amount
of non-native plants in the creek and how this was the cause of many problems.
He would like the wording "and non-native plants and trees" added to No. 10.
MOTION: By Council Member Clay and seconded by Council Member
Johnson that the wording "non-native plants and trees" be
added to No. 10.
Council Member Johnson questioned whether the whole issue of brush was
covered by the General Plan, or would this added language give coverage they
would not otherwise have. City Attorney Hanley stated that it would be preferable
to re-visit this issue sometime in the future to avoid revisiting the issue with the
Planning Commission and failing to approve the EIR at this time.
The Motion and second were withdrawn.
Council Member Clay indicated that he would like to see a provision whereby
affordable housing would be provided for residents from this community.
Council Member Luna stated that in addition to affordable housing, people need
jobs and he feels one of the failures of this General Plan is that it does not provide
for new jobs, but rather there is a reduction of 42 acres of commercial zoning and
an increase of .1 acres of industrial. He would like a fiscal analysis that would
indicate how the City is to pay for the anticipated new growth.
MOTION: By Council Member Luna and seconded by Council Member
Johnson to include that the highest priority is to bring the
zoning ordinance into compliance with the General Plan by
2003.
Motion passed 5.0 by a roll-call vote.
MOTION: By Council Member Luna and seconded by Council Member
Johnson to continue the meeting past 11 :00 p.m.
Motion passed 5.0 by a voice vote.
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MOTION: By Council Member Luna and seconded by Council Member Clay
to have an annual update provided to the City Council on their
agenda, on the housing numbers and in particular tracking
affordable housing in the General Plan.
Motion passed 5.0 by a roll-call vote.
Mayor Arrambide spoke about the General Plan Goal (page V-31), which attempts
to insure that an adequate amount of rental housing exists. Mayor Arrambide is
concerned that the solutions proposed do not guarantee that there will be
affordable housing. He proposed a two-fold solution to guesthouses: 1 ) Second
units will not be built in single-family areas, and 2) that guesthouses be allowed but
that time should be permitted for staff to come up with an enforceable plan. He
suggested that Council drop Policy 3.2, and not do away with the guesthouse
ordinance, but rather have a moratorium on construction until a plan of
enforcement could be presented.
Mayor Pro Tem Scalise stated that she had always felt the demand for guesthouses
did not exist based on the average number of applications each year, however she
feels that based on comments received tonight, perhaps there is a need.
Council Member Johnson stated that the problem with the guesthouse issue is that
there are many already rented in the community, but they can't be counted toward
the state-mandated numbers for affordable housing. He does not feel staff should
be placed in a position to enforce something that is really not enforceable and if
second units are to be considered, the program must be implemented slowly to see
if they make sense and then they can be counted and controlled.
City Attorney Hanley addressed the guesthouse/second unit issue and answered
questions of Council.
MOTION: By Mayor Arrambide to drop Policy 3.2.
Motion failed by the lack of a second.
MOTION: By Council Member Johnson and seconded by Council Member
Clay to replace the densities on page V-12 above 12 units/acre,
with the language "The zoning ordinance currently requires a
Conditional Use Permit for multi-family developments consisting
of 12 or more units."
Motion passed 5.0 by a roll-call vote.
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MOTION: By Council Member Luna that there be a fiscal analysis done
before passing the General Plan.
Motion failed by the lack of a second.
MOTION: By Council Member Johnson and seconded by Council Member
Clay to adopt draft Resolution "A" certifying the Final
Environmental Impact Report SCH #2001121027 subject to
findings, a Statement of Overriding Considerations and a
Mitigation Monitoring Program.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-030)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to adopt draft Resolution "B" approving General Plan
Amendment 2000-0001 to adopt a new General Plan Policy
document and diagrams for the Land Use, Open Space,
Conservation, Circulation, Safety, Noise and Housing Elements
as amended.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-031)
MOTION: By Council Member Johnson and seconded by Council Member
Clay to introduce for first reading by title only the draft
Ordinance approving Zoning Map amendment 2002-0026 to
amend the zoning map consistent with the General Plan.
Motion passed 4:1 by a roll-call vote. (Luna Opposed)
There was Council consensus to direct staff to review issue of guesthouses vs.
second units and bring a report back to Council.
C. COMMITTEE REPORTS:
Mayor Arrambide
1. County Mayor's Round Table: A symposium on affordable housing is planned for September
12, at Embassy Suites.
Council Member Clay
1. City / Schools Committee: The school has lost 700 students in the last seven years.
Council Member Clay thanked all Council Members for their work on the General
Plan process.
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D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Johnson complimented staff on a great job and a lot of hard work
on the General Plan update.
City Clerk
The City Clerk asked for direction from the Council regarding the CTAC
appointment, as it has been advertised and only two applications have been
received. Council directed the City Clerk to advertise further for the position.
E. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 11 :35 p.m. to the next regularly
scheduled meeting on July 9, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
tE `
1
Marcia McClure Torgerson, City CI rk
The following exhibits may be reviewed in the City Clerk's office.
Exhibit A - Presentation by Council Member Luna
Exhibit B — Joanne Main, Chamber of Commerce
Exhibit C — Dean Coker
Exhibit D — Leslie Halls, SLO Builders Exchange
Exhibit E — Rosemarie Handy, Atascadero
Exhibit F — Gordon Hensley, Environmental Defense Center, San Luis Obispo
Exhibit G — John Heatherington, Atascadero Homeowners Association
Exhibit H — Julie Bennett, 3725 Monterey Road
Exhibit I — David Crouch, Atascadero
Exhibit J — Betty Scanlan, Flores Road
Exhibit K — Rick Mathews, Atascadero
Exhibit L — Becky Pacas
Exhibit M — Ellen Beraud, 9608 Laurel Road
Exhibit N - Douglas Lewis, Atascadero
Exhibit 0 - Lee Perkins & Tom Comar, Atascadero
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