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HomeMy WebLinkAboutMinutes 102202 Approved November 12,2002 1e"3 1 e CITY OF A TASCA DERO CITY COUNCIL MINUTES TUESDAY, October 22, 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 Mayor Pro Tem Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Luna, Clay, Johnson, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Services Director Geoff English, Redevelopment Specialist John Jansons, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. INTRODUCTIONS: Police Chief Dennis Hegwood introduced Police Officer Keith Falerios. Officer Falerios introduced his new partner, canine officer Zep Van Guys Hof, and CC 10/22/02 Page 1 Approved November 12,2002 explained the training program they have undergone to date and future training programs they will be attending. APPROVAL OF AGENDA: Mayor Arrambide announced the De Anza Estates project has been dropped from the agenda due to a noticing issue. MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Endorsement of Prop. 46 ■ Staff recommendation: Council approve the draft Resolution supporting The Housing and Emergency Shelter Trust Fund Act of 2002 - Proposition 46 on the November 5, 2002 statewide ballot. Dave Mullinax, League of California Cities Representative, explained to the Council the details involved with this proposition. He asked the Council to approve the draft Resolution supporting Proposition 46. Mr. Mullinax answered questions of Council. PUBLIC COMMENT: None MOTION: By Council Member Luna and seconded by Council Member Clay to approve the draft Resolution supporting The Housing and Emergency Shelter Trust Fund Act of 2002 - Proposition 46 on the November 5, 2002 statewide ballot. Motion passed 4:1 by a voice vote. (Scalise opposed) (Resolution No. 2002-044) COMMUNITY FORUM: Debra McNulty, President of the UCP Board and Research Specialist for Parents Helping Parents, spoke concerning Disability Awareness Month. She recognized Sara Rose Young as a recipient of the 2002 Disability Achievement Award. Martin Mamack, Executive Director SLOCO Access, recognized Matthew Shuck as a recipient of the 2002 Disability Achievement Award. CC 10/22/02 Page 2 Approved November 12,2002 Erik Lewis, 2100 Ferro Carril, expressed his opposition of Ferro Carril being changed from a cul-de-sac to a through street. He also submitted a petition signed by neighbors on Ferro Carril. (Exhibit A) Daphne Fashing, explained to the Council in a prepared statement, her concerns with the current procedure for public access to City Council Minutes, and asked the Council to reverse their previous decision on this subject. (Exhibit B) Tom Gatus, 1200 San Ramon, pastor for 27 years in the community, speaking on behalf of the Ministerial Association of Atascadero, requested that Council meetings be opened with a prayer. Pastor Gatus stated that community pastors would be willing to assume this responsibility. There was Council consensus for the City Attorney to prepare a staff report on this issue. Robyn Burgess, 2755 Ferro Carril, gave her reasons for opposing Ferro Carril being made a through street. She is in favor of the emergency access gate as presented in alternative two of the road improvement plans. Dale Burgess, 2755 Ferro Carril, read questions submitted by another concerned neighbor regarding the De Anza Estates project. Jenny Corn, 2605 Ferro Carril, expressed her concerns regarding the De Anza Estates project and making Ferro Carril a through street. Brandon Pazar, asked the Council to leave his road the way it is because he and his friends use the street and it would be safer if it did not go through. Lynn Faith, 2845 Ferro Carril, asked how residents of this area would be notified of the upcoming public hearing regarding the De Anza Estates project. Gail Greshon, Big Brothers & Big Sisters, thanked the Council for the CDBG funds allocation they received from the City. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna thanked the Fire Department for the shredding/chipping program, which has alleviated a lot of the underbrush and improved safety in the community. Council Member Luna referred to a letter received from Planning Commissioner Robert Jones about Conditional Use Permit 2002-0068, Big Brand Tires, and the CC 10/22/02 Page 3 Approved November 12,2002 removal of some of the conditions of approval for the project. Council Member Luna stated he would like to appeal the approval of the CUP. Council Member Johnson thanked the Police Department for their excellent work and commented on the progress they have made in recent years to strengthen the department. A. CONSENT CALENDAR: 1. City Council Minutes - October 2, 2002 and October 8, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of October 2, 2002 and October 8, 2002. [City Clerk] 2. EI Camino Real Bikelanes, Phases 2 and 3 ■ Fiscal impact: $263,710.00 (in FY 2002-2003 budget) ■ Staff recommendation: Council: 1. Approve Change Order Nos. 3, 4, 5, 6 and 7 with a net amount of $21,256.80. 2. Authorize the Director of Administrative Services to appropriate $17,000 from the Local Transportation Fund for this project. 3. Accept Souza Construction, Inc.'s work as complete. 4. Authorize the City Manager to sign and file the Notice of Completion. [Public Works] MOTION: By Council Member Luna and seconded Council Member Clay to approve the Consent Calendar. Motion passed 5.0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Paloma Creek Park Playground Structure Replacement - California Integrated Waste Management Board Grant Funds Resolution ■ Fiscal impact: Approval of this resolution will allow the City to apply for up to $100,000 grant funding. If grant funding is authorized, the City would be required to make a matched contribution. ■ Staff recommendation: Council approve the draft Resolution authorizing the City Manager to apply for Grant Funds from the Park Playground Accessibility and Recycling Grant Program under the State of California's Waste Tire Track and Other Recreation Surfacing Grants Program for Fiscal Year 2002-2003. [Community Services] Assistant City Manager / Community Services Director Brady Cherry gave the staff report and answered questions of Council. PUBLIC COMMENT: None CC 10/22/02 Page 4 Approved November 12,2002 MOTION: By Council Member Johnson and seconded by Council Member Luna to approve the draft Resolution authorizing the City Manager to apply for Grant Funds from the Park Playground Accessibility and Recycling Grant Program under the State of California's Waste Tire Track and Other Recreation Surfacing Grants Program for Fiscal Year 2002-2003. Motion passed 5.0 by a roll-call vote. (Resolution No. 2002- 0045) Mayor Arrambide recessed the hearing at 7:57 p.m. Mayor Arrambide called the meeting back to order at 8.05 p.m. 2. Zone Change 2002-0028 / Conditional Use Permit 2002-0065 / Tentative Tract Map 2002-0016 (Tract 2489) - 1625, 1683, 1685 EI Camino Real (Kelly Gearhart/Wilson Land Surveys) ■ Fiscal impact: Slight negative impact on City revenues — Single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Planning Commission recommendation: 1. Adopt draft Resolution A certifying the proposed Mitigated Negative Declaration 2002-0035; and, 2. Introduce for first reading by title only, the draft Ordinance A, for the creation of a new PD-17 overlay district; and, 3. Introduce for first reading by title only the draft Ordinance B approving Zone Change 2002-0028 rezoning the project site to RSF-X / PD-17 subject to a Master Plan of Development; and, 4. Adopt draft Resolution B approving Conditional Use Permit 2002-0065 for the Master Plan of Development subject to findings and conditions of approval; and, 5. Adopt draft Resolution C approving Tentative Tract Map 2002-0019, subject to findings and conditions of approval. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. Council Member Luna stated he was concerned with the ratio of affordable units coming from this project for the SFR-X zone and questioned how staff had arrived at the number two for affordable units on this project. Council Member Clay asked to make a presentation. Mayor Arrambide told him he should wait until after the public comment period. Council Member Johnson stated if we're going to let one Council Member make a presentation we should let all. MOTION: By Council Member Luna and seconded by Council Member Clay to overrule the chair and allow Council Member Clay to make his presentation. Motion passed 4:1 by a roll-call vote. (Arrambide opposed) CC 10/22/02 Page 5 Approved November 12,2002 Council Member Clay made his presentation addressing work force housing as it affects this and future projects currently being processed. He stated that every property owner has the right, in his opinion, to develop their property as zoned, and when the Planning Commission or City Council approve any density bonuses there must be a condition or formula to assure that citizens of Atascadero have the right of first refusal and guidelines to pursue homeownership on these additional units. Council Member Clay would like to see these suggestions incorporated into this project. PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, representing the Applicant, Kelly Gearhart, indicated that they are supportive of the staff report as approved by the Planning Commission, including the affordable housing clause. Mr. Thompson discussed the project and its amenities and addressed several concerns raised by Council. Regarding Council Member Clay's suggestion, he stated that Mr. Gearhart would be open to including something similar in this project. Mr. Thompson answered questions of Council. Jenny Corn, 2605 Ferro Carril, stated the area of this project was more rural and she would prefer larger lots and no streetlights. Joan O'Keefe, 9985 Old Morro Road East, appreciated the honest discussion of the issue of affordable housing. She stated that she doesn't think this project is representative of Atascadero as others have stated. Ms. O'Keefe urged the Council that, where topography made it possible, it was important to look at bonus densities. Joanne Main, Atascadero Chamber of Commerce, stated the Chamber supports the approval of this project. Kelly Gearhart, Applicant, said he would like the opportunity to respond to issues raised during Council discussions on his project. Mayor Arrambide closed the Public Comment period. Council Member Johnson stated one of the issues that concerns him on projects like this is changing the rules after a project has been planned out. He feels it is important to nail down these proposed new rules being discussed so that developers will understand ahead of time what the numbers would be. He asked the City Attorney how the suggestions made by Council Member Clay could be worked into this project given the cooperation of the developer. Mr. Hanley suggested a condition could be added stating, "A program acceptable to the developer and staff would be entered into." This however, would be difficult for staff. Another possible alternative, if the overlay doesn't pass on second reading, CC 10/22/02 Page 6 Approved November 12,2002 would be to direct staff and applicant to come back with something in writing that could be considered by Council. Mayor Pro Tem Scalise felt it would be appropriate to direct staff to bring back a report on how to handle deed restrictions to benefit the local work force. She feels there is enough time left on this project to have staff come back with a report and it is unnecessary to take action tonight. Mayor Arrambide expressed concern that any additional requirements to this project are potentially an additional cost or difficulty in sale and potentially a burden on the developer. He feels that this condition has been allowed to exist and that it is unfair for the developer to have to take up the slack. Mayor Arrambide does not feel the additional condition would fit on this project. Council Member Clay stated that he sees two situations: 1 ) Council must deal with two or some other number of affordable units and that those units should be offered first to the local work force, and 2) community members, at market rate prices, should have first right of refusal, perhaps up to two weeks prior to completion of the sale with an appropriate criteria. This could be brought back in the second reading. MOTION: By Council Member Clay and seconded by Council Member Luna in regard to the two affordable units and the additional 17 units, that the developer and staff work together to provide some criteria or verbiage where the people/work force of Atascadero have first right of refusal on the 17 homes and that the two affordable units be deed restricted to benefit local citizens. Council Member Johnson felt the issue should be studied and brought back for Council consideration. Council Member Luna stated that as he sees it staff would work with the developer and come back with a condition for the second reading. Kelly Gearhart, applicant, indicated that he would like to have the project approved tonight and the flexibility to work with staff on the details of the affordable units and right of first refusal. He is in favor of these provisions, and feels he can be relied upon to work out the details with staff. Community Development Director Frace suggested this condition be added into Resolutions B and C in items No. 4 and 5. Council Member Clay called for the question. CC 10/22/02 Page 7 Approved November 12,2002 MOTION: By Council Member Clay and seconded by Council Member Luna in regard to the two affordable units and the additional 17 units, that the developer and staff work together to provide some criteria or verbiage where the people/work force of Atascadero have first right of refusal on the 17 homes and that the two affordable units be deed restricted to benefit local citizens and that this condition be added to Resolutions No. B and C. Motion passed 5.0 by a roll-call vote. Council Member Clay expressed concern regarding the Planning Commission's recommendation on the two affordable units and feels in-lieu fees should be stricken. MOTION: By Council Member Clay and seconded by Council Member Luna to strike the portion of Conditions of Approval No. 28 and 63 which reads "or pay equivalent in-lieu fees to be determined by staff." Motion passed 4:0 by a roll-call vote. (Arrambide opposed) MOTION: By Council Member Clay and seconded by Council Member Luna that the two units designated as affordable not be contiguous. Motion failed 2:3 by a voice vote. (Scalise, Johnson and Arrambide opposed) MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to adopt draft Resolution A certifying the proposed Mitigated Negative Declaration 2002-0035. Motion passed 5.0 by a roll-call vote. (Resolution No. 2002- 046) MOTION: By Council Member Johnson and seconded by Council Member Clay to introduce for first reading by title only, the draft Ordinance A, for the creation of a new PD-17 overlay district. Motion passed 4:1 by a roll-call vote. (Luna opposed) MOTION: By Council Member Johnson and seconded by Council Member Clay to introduce for first reading by title only the draft Ordinance B approving Zone Change 2002-0028 rezoning the project site to RSF-X / PD-17 subject to a Master Plan of Development. Motion passed 4:1 by a roll-call vote. (Luna opposed) CC 10/22/02 Page 8 Approved November 12,2002 MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt draft Resolution B approving Conditional Use Permit 2002-0065 for the Master Plan of Development subject to findings and conditions of approval as amended. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2002-047) MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt draft Resolution C approving Tentative Tract Map 2002-0019, subject to findings and conditions of approval as amended. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2002-048) C. MANAGEMENT REPORTS: 1. City Council Professional Development Reimbursement ■ Fiscal impact: None; future year impact could be as much as $46,462.20 (515/month maximum increase in compensation for Council Members; 575/month allowance to offset City Council-related costs; and health insurance benefit coverage maximum cost of $41,062.20/year). ■ Staff recommendation: Council direct staff to prepare an Ordinance, which sets forth compensation, benefits and allowances for elected officials. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. The Council discussed this issue at length. PUBLIC COMMENT Joan O'Keefe, stated she agrees with Council Member Scalise that additional compensation would be helpful in attracting more citizens who might not otherwise be able to afford the time away from their job or the expenses involved in becoming a Council Member. Daphne Fashing pointed out that most government agencies site the Consumer Price Index at approximately 5 percent when asking for a raise. However, when Social Security increases benefits they use the CPI figure of 1 .3 percent. Mayor Arrambide closed the Public Comment period. CC 10/22/02 Page 9 Approved November 12,2002 MOTION: By Mayor Pro Tem Scalise to direct staff to come back with an ordinance to set forth compensation to add benefits for elected officials allowing a $75 per month expense allowance to be added to the already established stipend of $300 per month and to incorporate health insurance that is in line with the City's plan. Motion failed for lack of a second. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to direct staff to come back with an ordinance to adjust Council compensation to compliment Council's $300 per month stipend with a $75 a month expense allowance. Motion passed 4:1 by a roll-call vote. (Luna opposed) D. COMMITTEE REPORTS: Mayor Arrambide 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): After a difficult meeting on the Housing and Community Development (HCD) mandate of 18,035 for the entire county a tie vote was reached. A committee was put together to work with HCD to see if they would negotiate further. Council Member Johnson 1. Local Agency Formation Commissions (LAFCO): As Council Member Johnson goes off the Council this position will be selected by the Mayors' Committee; if Council wishes to have someone on the committee it should be considered at this time. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council Council Member Clay reiterated that staff has been directed to look into the affordable housing criteria. Council Member Luna indicated that it was important to look at the General Plan and decide how to achieve the numbers of affordable housing units so that when projects go to the Planning Commission they know what the expected number of units will be. 2. City Manager Mr. McKinney reported that the Vehicle Junk Day and Special Trash Day is Saturday, October 26th. Mr. McKinney distributed his written notes from the Mayors/City Managers' meeting to Council. CC 10/22/02 Page 10 Approved November 12,2002 F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 9:52 p.m. to the next regularly scheduled meeting on November 12, 2002. MEETING RECORDED AND MINUTES PREPARED BY: J411 CeJVt(,C V),,M)— Marcia McClure Torgerson, City Clerk The following exhibits are available for review in the City Clerk's office. Exhibit A - Erik Lewis Exhibit B - Daphne Fahsing CC 10/22/02 Page 11