HomeMy WebLinkAboutMinutes 100802 Approved on October 22,2002
19
E. " CITY OF A TASCA DERO
CITY COUNCIL
MINUTES
TUESDAY, October 8, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Arrambide called the meeting to order at 7:00 p.m. and 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.
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Deputy Community Services Director
Geoff English, Police Chief Dennis Hegwood, Fire Chief Kurt
Stone and City Attorney Roy Hanley.
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APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Johnson to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring October 10, 2002 as "Lights on After School Day."
Mayor Arrambide read the proclamation and presented it to Lisa Barr.
COMMUNITY FORUM:
Daphne Fashing asked the Council to continue to have the City Clerk attach
documents to the Agendas and Minutes at the Library.
Preacher Prayer Joe Porter, National Association of Prayer, requested the City
Council prepare a proclamation for a statewide prayer day, similar to those by other
City Councils around the country, as included in a packet he presented to Council.
David Broadwater, 6604 Portola Road, spoke to the Council about Colony Days
"American Heroes." He explained that he applied for a booth in the Sunken
Gardens on Colony Days and was denied because the speech he might make would
be too controversial. He asked the Council to direct the Colony Days Committee to
allow him to rent a booth.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Arrambide introduced new Planning Commissioner Greg Porter.
Council Member Johnson asked staff to look into the issue of reimbursement of
expenses for Council Members.
Council Member Luna asked the City Attorney to explain what the parameters were
for Council action on Mr. Broadwater's request. City Attorney Hanley explained
that there was not much Council could do, as the Colony Days Committee and not
the City of Atascadero put on Colony Days. Under those circumstances the United
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States Supreme Court has ruled that the event is for the purposes of their speech,
not everybody's speech.
Council Member Luna asked staff about the asphalt grinding being collected at the
Lake Park and expressed his concern that anything done there should be consistent
with the Lake Park Master Plan. Public Works Director Kahn indicated that the
Lake Park Master Plan will be followed and a plan is being submitted to the
Community Development Department for environmental review.
Council Member Clay reported on the League of Cities Conference in Long Beach,
which he had attended.
A. CONSENT CALENDAR:
1. City Council Minutes - September 24, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of
September 24, 2002. [City Clerk]
2. City Treasurer's Report - June and July 2002
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for
June and July 2002. [City Treasurer]
3. Final Parcel Map - 2002-0034 (Parcel Map AT 02-0060) - [TPM 2001-
00221 7500 San Palo Ave. (Sparling)
■ Fiscal impact: None.
Staff recommendation: Council accept Final Parcel Map 2002-0034 (Parcel Map AT 02-
0060) [Public Works]
4. Final Tract Map - 2002-0042 (Tract Map 2444) - [TTM 2001-00081 9385
Musselman Ave. (Shores)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Tract Map 2002-0042 (Tract Map 2444)
2. Accept offer of dedication for streets and public utility easement on Musselman
3. Authorize the City Manager to execute a Subdivision Improvement Agreement
[Public Works]
5. Agreement with San Luis Ambulance Services, Inc. - First-Response
Emergency Medical Services
■ Fiscal impact: $83,250 annual revenue, increased annually (not to exceed total
maximum increase of 5%).
■ Staff recommendation: Council authorize the City Manager to execute a contract with
San Luis Ambulance Services, Inc., authorizing them to bill persons for first-response
emergency medical services provided by the Fire Department. [Fire]
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MOTION: By Council Member Johnson and seconded by Council Member
Luna to approve the Consent Calendar.
Motion passed 5.0 by a roll-call vote. (Item #A.4. Contract No.
2002-020, Item #A.5. Contract No. 2002-021)
B. PUBLIC HEARINGS:
1. Zone Change 2002-0029 / Conditional Use Permit 2002-0067 - Vesting
Tentative Tract Map 2002-0014 (Tract 2454), 2000 Ferrocarril Road
(Gearhart / Wilson)
■ Fiscal impact: Slight negative impact on City revenues — Single-family dwellings require
services that exceed the revenue generated by the dwelling.
■ Planning Commission recommendation: Council:
1. Adopt draft Resolution A, to certify the proposed Mitigation Negative Declaration
2002-0030; and,
2. Introduce for first reading by title only, the draft Ordinance approving Zone Change
2002-0029; and,
3. Adopt draft Resolution B, approving Conditional Use Permit 2002-0067 for the
Master Plan of Development subject to findings and conditions of approval; and,
4. Adopt draft Resolution C, approving Vesting Tentative Tract Map 2002-0014,
subject to findings and conditions of approval. [Community Development]
Community Development Director Warren Frace gave the staff report and with
Public Works Director Steve Kahn answered questions of Council.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, representing Kelly Gearhart, stated that
they concur with the Planning Commission's review and approval and reminded
Council that they are asking for phased approval of this project. Mr. Thompson
answered questions of Council.
Myra Douglass, 8005 EI Retiro Avenue, commented on the trails portion of this
project. She thanked the owner and staff for including the trail plans in the project.
She expressed concerns regarding residents planting along or blocking the trail
limiting its use, and she would like to see the trail well defined and designated for
multiple uses.
Gary Reichard, 955 Templeton Road, Templeton, expressed his concerns in a
prepared statement. He told the Council there is hazardous waste on this property
that is contaminating the Salinas River and this property is vulnerable to flooding.
(Exhibit A)
Kelly Gearhart, applicant, discussed the wells in question, stated that they do not
effect this project and indicated that they are being addressed by Environmental
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Health. He also stated that as soon as the bridge permit is issued he would begin
on construction of the bridge. Mr. Gearhart answered questions of the Council.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to adopt draft Resolution A, to certify the proposed
Mitigation Negative Declaration 2002-0030.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-041)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to introduce for first reading by title only, the draft
Ordinance approving Zone Change 2002-0029.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to adopt draft Resolution B, approving Conditional Use
Permit 2002-0067 for the Master Plan of Development subject
to findings and conditions of approval and amending Conditions
No. 23. and 24. C. to change the setbacks to 145 feet.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-042)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to adopt draft Resolution C, approving Vesting Tentative
Tract Map 2002-0014, subject to findings and conditions of
approval including the addition of the following statement to
Tract Map Condition No. 42.; "The access easements for the
road and bridges must be recorded prior to or concurrently with
the final map," and amending Conditions No. 26. and 27.A. to
change the setbacks to 145 feet, and adding clarifying language
to "notify the owners that private wells are subject to failure."
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-043)
C. MANAGEMENT REPORTS:
1. Recruit Police Officer
■ Fiscal impact: $16,300 for salary and academy material costs per applicant (in FY
2001-03 budget).
■ Staff recommendation: Council authorize establishment of the position of Police Officer
Recruit. [City Manager]
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City Manager Wade McKinney gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Becky Pacas, shared with the Council recent events involving her son being
harassed and beaten by other teens. She expressed concern about not being
notified immediately that her son had been injured, she feels the Police Department
does not have enough time or resources to handle all calls received.
Mayor Arrambide closed the Public Comment period.
Mayor Arrambide stated his concern that the language under the second paragraph
of Fiscal Impact is permissive and he would like to see that language firmed up.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to authorize establishment of the position of Recruit
Police Officer.
Motion passed 5.0 by a roll-call vote.
Mayor Arrambide recessed the hearing at 9:05 p.m.
Mayor Arrambide called the meeting back to order at 9:92 p.m.
2. State of California Regional Housing Needs Allocation
■ Fiscal impact: Consistent with General Plan 2025.
■ Staff recommendation: Council:
1. Take a position in support of San Luis Obispo County's Regional Housing Needs
Allocation of 18,035 units from 2001-2008, with a City of Atascadero share being
218 units annually.
2. Take a position in support of San Luis Obispo Council of Governments' (SLOCOG)
adopted population-based housing allocation formula. [Community Development]
City Manager Wade McKinney gave the staff report and answered questions of
Council. There was lengthy discussion on this item.
PUBLIC COMMENT None
Council Member Johnson stated that though he does not like what the State has
imposed, he would support the allocation and a super vote so that Atascadero
would not be involved in an expensive lawsuit in the future.
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Mayor Arrambide agreed with Council Member Johnson regarding the State
dictating to the cities, however, he feels the issue of affordable housing has been
largely ignored in Atascadero and the community needs to be more balanced to
meet the needs of all income levels.
Council Member Clay reiterated Mayor Arrambide's contention that the City has a
moral obligation to provide housing for all levels; he feels that the younger
members of the community need to be represented with housing they can afford.
Council Member Luna felt that one of the problems in Atascadero is that there is no
affordable housing because it has never been requested. He feels it is time that the
Planning Commission and City Council work toward seeing that affordable housing
is provided when projects come forward. Council Member Luna suggested that it is
time to bring all of the COG's together to produce a statewide initiative to protect
local control on such issues.
Mayor Pro Tem Scalise felt it was time to step back and look at why there is no
affordable housing in Atascadero. She feels the reason more affordable housing is
not produced is because of all the environmental requirements built in at the local
level such as open space and quality of life issues.
MOTION: By Council Member Johnson and seconded by Council Member
Luna to:
1. Take a position in support of the Regional Housing Needs
Allocation of 18,035 units from 2001-2008, with a City of
Atascadero share being 218 units annually, and,
2. Take a position in support of San Luis Obispo Council of
Governments' (SLOCOG) adopted population-based housing
allocation formula, and,
3. Direct staff to immediately enter into an effort to start an
initiative process, working with the League of California Cities
to protect local control.
Motion passed 5.0 by a roll-call vote.
3. Amendment to Solid Waste Collection Franchise Agreement — Automated
Green Waste and Recyclable Collection
■ Fiscal impact: $2.62 increase in current rate to the customer
■ Staff recommendation: Council approve Amendment Number Two to the Solid Waste
Collection Franchise Agreement. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council. Mr. Kahn introduced Bill Worrell, Manager of the San Luis Obispo
Integrated Waste Management Authority (IWMA).
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Bill Worrell, IWMA, gave the Council an overview on the proposed program.
PUBLIC COMMENT
Pat Higgins, Atascadero Waste, reviewed the process they have followed to date
and complimented his committee for an excellent job on this item.
Council Member Clay asked if the rate increase notices could be written in
language that would be easy to understand, and if the form for those interested in
opting out of green waste recycling could be included. Mr. Higgins stated that this
would be done.
Mayor Arrambide closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Johnson to adopt Amendment Number Two to the Solid Waste
Collection Franchise Agreement.
Motion passed 5.0 by a roll-call vote.
4. Information Bulletin
a. Chamber's Activities and Programs - May through August, 2002
D. COMMITTEE REPORTS: - None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Johnson encouraged the Mayor to control the electioneering from
the platform if it does not apply to the topic at hand.
Council Member Luna expressed interest in determining what the listening audience
for KPRL's broadcast of the Council meeting would be.
City Manager
City Manager McKinney reported the City has been seeking another health
insurance provider to take the place of Lifeguard. There will be an open enrollment
period next week for the Blue Cross Company with a 44% increase to the City for
health insurance benefits.
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Information on Proposition 46 has been provided in Council packets for comments
or placement on a future agenda.
Regarding Council compensation and reimbursement for meeting and travel
expenses, Mr. McKinney asked if there was consensus to bring this issue back—
there was Council consensus to do so.
Mr. McKinney asked for Council direction regarding policy for meeting minutes.
Mayor Arrambide stated that the request was for a complete packet to be made
available at the Library. The City Clerk stated that Council had voted to not attach
documents submitted in the course of a Council meeting to the Minutes, but rather
to have them available for review in the City Clerk's office.
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:25 p.m. to the next regularly scheduled
meeting on October 22, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
., `ti__ ;
arcia McClure Torgerson, City C rk ~
The following exhibits are available for review in the City Clerk's office.
Exhibit A— Gary Reichard
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