HomeMy WebLinkAboutMinutes 121002 Approved January 14,2003
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X04 1 CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
TUESDAY, DECEMBER 10, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:00 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1 . PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a) Conference with legal counsel - Existing litigation (Govt. Code
Sec. 54956.9 (a))
Environmental Center of SLO V. City of Atascadero
b) Conference with legal counsel - Pending litigation (Govt. Code
Sec. 54956.9)
Status Report of pending claims
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION: 7:00 P.M.
Mayor Pro Tem Scalise called the meeting to order at 7:00 p.m. and Council
Member Luna led the Pledge of Allegiance.
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ROLL CALL:
Present: Council Members Clay, Pacas, Luna, O'Malley and Mayor Pro Tem
Scalise
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Joseph
Modica
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, Deputy Community Services Director Geoff
English, Chief of Waste Water Operations Mark Markwort, Planning
Services Manager Steve McHarris, Police Chief Dennis Hegwood,
Fire Chief Kurt Stone, Redevelopment Specialist John Jansons and
City Attorney Roy Hanley.
APPROVAL OF AGENDA:
Mayor Pro Tem Scalise suggested moving the ECHO presentation to the beginning
of the agenda. There was Council consensus to move the ECHO presentation.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
Charlotte Bryne, representative of EI Camino Homeless Organization (ECHO),
announced it was a year ago today that ECHO began their first night of sheltering
people. She brought a cake to celebrate and share with those in attendance and
gave a brief history of how the program evolved.
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor - The City Clerk will accept nominations
from the Council Members.
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PUBLIC COMMENT
Leon Korba, Santa Ana Road, asked the Council to direct staff to inform the
electorate of the costs and time involved in allowing the citizens of Atascadero to
elect a Mayor.
Raymond Jansen, 6655 Country Club Drive, shared his feelings about peaceful
relations at community meetings.
George Molina, 5000 Marchant, urged the Council to elect Council Member
O'Malley, Scalise or Clay to the Mayor position to continue the work the prior
Council began.
Joanne Main, 8940 San Gabriel Road, Executive Director Atascadero Chamber of
Commerce, stated the Chamber Board recommends appointing a Mayor who would
be supportive of the business community.
Joan O'Keefe, 9985 Old Morro Road East, suggested that in the spirit of fair play
and in an attempt to bridge the rift in City government, Council Member Luna
should be elected Mayor and Council Member Clay should be Mayor Pro Tem.
Eric Greening, 7365 Valle, expressed his concern for the SLOCOG appointment.
He stated he assumes the SLOCOG appointment made at the last meeting was a
temporary one and the new Mayor will make the permanent appointment. He
urged the Council to elect Council Member Luna to the Mayor position and Council
Member Clay to the Mayor Pro Tem position.
Robert Huot, 5380 Ardilla Road, appealed to Council Member O'Malley to help the
Council elect Council Member Luna to the Mayor position.
Frank Kock, 9545 Lakeview Drive, told the Council of his previous experience
before them and his disappointment in the way he was treated by Council Member
Clay whom he would not support for Mayor.
Mayor Pro Tem Scalise closed the Public Comment period.
NOMINATION: By Mayor Pro Tem Scalise and seconded by Council
Member Clay to nominate Council Member Clay to the
position of Mayor.
NOMINATION: By Council Member Pacas that from tonight, December
10th until November 25, 2003 that Council Member Clay
will be Mayor, and from November 25, 2003 until
November 23, 2004, Council Member Luna will be
Mayor.
Nomination failed for the lack of a second.
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NOMINATION: By Council Member Pacas and seconded by Council
Member Luna to nominate Council member Luna to the
position of Mayor.
Council Member O'Malley spoke about his decision making process for this
position.
ROLL CALL: Mayor Pro Tem Scalise: Council Member Clay
Council Member Pacas: Council Member Luna
Council Member Clay: Council Member Clay
Council Member Luna: Council Member Luna
Council Member O'Malley: Abstain
Both nominations were nullified by a 2:2 vote.
NOMINATION: By Council Member O'Malley to nominate Council
Member Clay to the position of Mayor and Council
Member Luna to the position of Mayor Pro Tem with the
understanding that he would rotate into the position of
Mayor and that Mayor Pro Tem Scalise would serve as
the representative on SLOCOG.
Mayor Pro Tem Scalise stated that at this time only the appointment for Mayor
would be considered.
MOTION: By Council Member O'Malley and seconded by Council Member
Pacas to do a combined motion.
Motion passed 3:2 by a roll-call vote. (Luna and Scalise
opposed)
NOMINATION: By Council Member O'Malley to nominate Council
Member Clay to the position of Mayor and Council
Member Luna to the position of Mayor Pro Tem with the
understanding that he would rotate into the position of
Mayor and that Mayor Pro Tem Scalise would serve as
the representative on SLOCOG.
Nomination failed for the lack of a second.
Council Member Luna changed his vote for the position of Mayor to Council
Member Clay.
Council Member O'Malley changed his vote for the position of Mayor to Council
Member Clay.
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These changes determined the following votes:
ROLL CALL: Mayor Pro Tem Scalise: Council Member Clay
Council Member Pacas: Council Member Luna
Council Member Clay: Council Member Clay
Council Member Luna: Council Member Clay
Council Member O'Malley: Council Member Clay
Nomination of Council Member Clay to the position of Mayor
passed 4:1 by a roll call vote. (Pacas opposed)
2. Council Appointment of Mayor Pro Tem - The new Mayor will accept
nominations from the Council Members
NOMINATION: By Council Member O'Malley and seconded by Mayor
Clay to nominate Council Member Luna to the position of
Mayor Pro Tem.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
close nominations.
Motion passed 3:2 by a roll-call vote. (Luna and Scalise
opposed)
There was Council discussion on this issue.
NOMINATION: By Council Member O'Malley and seconded by Mayor
Clay to nominate Council Member Luna to the position of
Mayor Pro Tem.
Nomination passed 3:2 by a roll-call vote. (Luna and
Scalise opposed)
COMMUNITY FORUM:
Eric Greening, 7365 Valle, congratulated the Mayor and Mayor Pro Tem. He also
asked that the issue of relocating the express bus stop be placed on a future
agenda. Mr. Greening referred to the De Anza Trail and informed Council of the
process involved in having a roll in the Interpretive plan for the trail.
Mayor Clay closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Luna asked City Manager Wade McKinney to explain to the public,
in light of the article in today's Tribune, how the City of Atascadero is able to make
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the PERS payments without affecting service to the community. Mr. McKinney
explained the City's financial planning policy.
Council Member O'Malley commented that the Chamber of Commerce held a
strategic planning session and have indicated they are interested in working with
the City to prioritize the permit process for new businesses.
Council Member O'Malley requested to have the issue of prayer before Council
meetings be added to a future agenda. There was Council consensus to do so.
Mayor Clay stated he is honored to be chosen as Mayor and will strive to be
responsive to the community and make this a good year for the City.
A. CONSENT CALENDAR:
1. City Council Minutes - November 12, 2002
• City Clerk recommendation: City Council approve the City Council minutes of
November 12, 2002. [City Clerk]
2. City Council Minutes - November 26, 2002, 7:00 P.M. Meeting
■ City Clerk recommendation: City Council approve the City Council minutes of
the 7:00 P.M. meeting of November 26, 2002. [City Clerk]
3. City Council Minutes - November 26, 2002, 7:30 P.M. Meeting
• City Clerk recommendation: City Council approve the City Council minutes of
the 7:30 P.M. meeting of November 26, 2002. [City Clerk]
4. City Council 2003 Meeting Schedule
■ Fiscal impact: None
■ Staff recommendation: Council approve City Council meeting schedule for
2003. [City Manager]
5. Award of Contract for Engineering Consultant Services - Paloma
Creek/Atascadero State Hospital Gravity Sewer Main Route Survey
and Easement Document Preparation
■ Fiscal impact: $28,710.00 (in FY 2001-03 budget).
■ Staff recommendation: City Council authorize the City Manager to execute an
agreement with RRM Design Group to perform a route survey and prepare
easement documents for a gravity sewer main to the Paloma Creek basin. [Public
Works]
6. Proposition 50 Project Funding
■ Fiscal impact: Funding for National Pollution Discharge Elimination System,
Phase II for $300,000.00 and Atascadero Lake Water Quality for $250,000.00
■ Staff recommendation: Council approve draft Resolution supporting the
submittal of projects from the San Luis Obispo County Proposition 50 Coalition
to the State of California for funding. [Public Works]
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Mayor Pro Tem Luna requested Item #A-5 be pulled, Council Member Pacas
requested Item #A-6 be pulled, Eric Greening requested Items #A-3 and 4 be
pulled.
Item #A-3: Eric Greening asked that the Minutes from the November 26, 2003
meeting be clarified to reflect that the selection of the SLOCOG delegate was for
that meeting only.
Item #A-4: Eric Greening requested that the strategic planning session be included
in the 2003 meeting schedule.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to approve Items #A-1, 2, 3 and 4.
Motion passed 5.0 by a roll-call vote. (O'Malley and Pacas
abstained from voting on Items #A-1 and 2 as they were not
present at those meetings)
Item #A-5: Mayor Pro Tem Luna asked how the survey could be done and then be
reimbursed from the projects that would benefit from it. Public Works Director
Steve Kahn explained how the process would work.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to approve Item #A-5.
Motion passed 5.0 by a roll-call vote. (Contract No. 2002-030)
Item #A-6: Council Member Pacas requested clarification on the staff report for
this item. There was brief discussion on this issue.
PUBLIC COMMENT
Eric Greening stated that he was supportive of the applications and the City's
participation with the smaller population counties in insuring Atascadero receives
its just share of the proposition funds, but he warned the Council that in the
Governor's proposal for cuts to the State budget there is the intent to transfer
money from this proposition to programs that are currently funded under the
General Fund.
Ellen Beraud, 9608 Laurel Road asked what NPDES is. Public Works Steve Kahn
explained the system.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Pacas and seconded by Council Member
O'Malley to approve Item #A-6.
Motion passed 5.0 by a roll-call vote.
(Resolution No. 2002-051)
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Mayor Clay recessed the hearing at 8:20 p.m.
Mayor Clay called the meeting back to order at 8.34 p.m.
B. PUBLIC HEARINGS:
1 . Zone Change 2001-0029 / Conditional Use Permit 2001-0067 Vesting
Tentative Tract Map 2001-0014 (Tract 2454) - 2000 Ferrocarril Road
(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 recommendation:
1. Adopt Resolution A, to certify the proposed Mitigation Negative Declaration
2002-0030; and,
2. Introduce for first reading only Ordinance A, approving Zone Change 2002-
0029; and,
3. Adopt Resolution B, approving Conditional Use Permit 2002-0067 for the
Master Plan of Development subject to findings and conditions of approval;
and,
4. Adopt 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 answered
questions of Council.
Council Member O'Malley disclosed that he was on the Planning Commission when
this issue was before the Commission.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, representative for the Applicant, stated
he supports the staff proposal but would like to add Lot #14 in the first phase.
Also, to complete the trail right of way and because Lots #11 and 12 access
directly onto Ferrocarril, they would like to include these lots in phase one. Mr.
Thompson answered questions of the Council.
Robin Burgess, 2755 Ferrocarril Road asked the Council to keep the emergency
crash gate in place and keep Ferrocarril a dead-end street.
Lynn Faith, 2845 Ferrocarril Road, stated her concerns with changes in the project
since the Planning Commission approval.
Marge Mackey, asked why the road in this project is called EI Camino Real.
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Eric Lewis, 2100 Ferrocarril, stated the children are at a much greater risk of being
hit by cars than by trains and the residents of the area can get out in an emergency
if they need to.
Joan O'Keefe, 9985 Old Morro Road East, asked for more information concerning
the red-tagging of the project for construction prior to issuance of permits.
Ellen Beraud, asked if there would continue to be pedestrian/bicycle/equestrian
access to the trail and if the road could be split in order to save the large oak tree
slated for removal.
Eric Peterson, 4500 Del Rio Road asked for clarification about the trail access.
Jenny Corn, Ferrocarril Road, expressed her concerns with the approval of this
project, as it will open up the dead-end road she lives on into a fire access road.
She referred to a letter she sent to the State Attorney General's office expressing
her concerns. (Exhibit A)
Mayor Clay closed the Public Comment period.
Council Member Pacas asked staff for answers to questions raised by the public.
She asked if Mr. Gearhart would agree to have construction equipment use Lot #16
for access to the project.
Applicant Kelly Gearhart agreed to use Lot #16 in phase 2 for access, bypassing
Ferrocarril Road. Mr. Gearhart answered questions of Council.
Council Member Pacas stated she was concerned with the Negative Declaration for
this project and raised several issues she feels were not addressed in the plan.
Council Member Pacas showed a video she had taken on the project site. (Exhibit
B)
MOTION: By Council Member Scalise and seconded by Mayor Clay to add
Lots # 11 , 12 and 14 to Phase 1 .
Mayor Pro Tem Luna congratulated Mr. Gearhart on his entrepreneurial spirit and
stated that he wished some of the Land Preservation Societies and other groups in
the City would have a similar kind of spirit and acquire areas like this and keep
them in open space rather than subdivisions. He expressed support for leaving
Ferrocarril as a cul-de-sac. He felt, however, that this project is not ready for a
hearing before the City Council because of issues not addressed, such as the
quality of well water if City water is not available.
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MOTION: By Council Member Scalise and seconded by Mayor Clay to add
Lots # 11, 12 and 14 to Phase 1 (amendment of Condition No.
66 of Resolution C).
Motion passed 3.2 by a roll-call vote. (Pacas and Luna
opposed)
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to adopt Resolution A, to certify the proposed
Mitigation Negative Declaration 2002-0030.
Motion passed 3.2 by a roll-call vote. (Pacas and Luna
opposed) (Resolution No. 2002-0052)
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to introduce for first reading by title only Ordinance A,
approving Zone Change 2002-0029.
Motion passed 3:2 by a roll-call vote. (Pacas and Luna
opposed)
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to adopt Resolution B, approving Conditional Use
Permit 2002-0067 for the Master Plan of Development subject
to findings and conditions of approval.
Motion passed 3.2 by a roll-call vote. (Pacas and Luna
opposed) (Resolution No. 2002-053)
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to adopt Resolution C, approving Vesting Tentative
Tract Map 2002-0014, subject to findings and conditions of
approval with the approved change to Condition No. 66.
Motion passed 3.2 by a roll-call vote. (Pacas and Luna
opposed) (Resolution No. 2002-0054)
C. MANAGEMENT REPORTS:
1. City Council Meeting Minutes
■ Fiscal impact: A small cost savings in staff time and permanent record paper.
■ Staff recommendation: City Council direct the City Clerk to continue to list in
the minutes all documents submitted by the public during Council meetings that
are either read into the record or referred to in their statement, and file all the
listed documents in the City Clerk's office. [City Clerk]
City Clerk Marcia McClure Torgerson presented the staff report and answered
questions of Council.
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PUBLIC COMMENT
Joan O'Keefe, 9985 Old Morro Road East, stated she feels the media should also
get copies of the attachments along with the library. She explained the difficulties
with accessing a complete copy of the Minutes at this time.
Eric Greening felt the issue here is that the Council was elected by the people and
are directly answerable to the people and the decisions made should be based on
the information professionally brought by staff and equally from the information
brought forward from the experience and opinion of the public. Mr. Greening
suggested that the Planning Commission could be contacted to insure that they
also had a complete record of the public's comments in their minutes.
Mayor Clay closed the Public Comment period.
MOTION: By Mayor Pro Tem Luna to make a complete record
(categorizing the documents received at the City Council
meeting), and to give the City Clerk the discretion to reference
materials if they are deemed voluminous, and to encourage the
City Clerk and city staff to try to put most of the information on
the website.
Motion failed for lack of a second.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to provide a complete second set of exhibits to the
minutes (as available at the City Clerk's office) at the Library.
Motion passed 5.0 by a roll-call vote.
2. Information Bulletin
a. City Council Strategic Planning Program
City Manger Wade McKinney explained to the Council the Strategic Planning
process and gave them details on the City's operations with a PowerPoint
presentation. Administrative Services and Community Services Directors gave
presentations for their departments.
D. COMMITTEE REPORTS:
Council Member Scalise
SLOCOG: There was an 8:3 vote by the members of SLOCOG to accept the
housing number for the region. The allocation per jurisdiction will be coming
back to the next SLOCOG meeting on January 9, 2003.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Clay referenced the last two weeks of uncertainty regarding the
mayoral appointment and hoped that everyone could get back to enjoying
the holidays. He stated that the City is well run and he is happy to be in the
position of Mayor and will do his best to do a good job.
City Clerk
City Clerk Marcia McClure Torgerson informed Mayor Clay that he would be
receiving the list of the committees and current appointments for his review
and changes. Also, she announced there is a vacancy on the Planning
Commission due to Council Member O'Malley's election in addition to two
expiring terms in February, and there will be four expiring Parks and
Recreation terms in February as well.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to postpone a decision on the Commission positions
until after the Strategic Planning Session.
Motion passed 5.0 by a roll-call vote.
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 11 :00 p.m. to the next regularly scheduled
meeting on January 14, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
P�A!
Marcia McClure Torgerson, City UWk
The following exhibits are available for review in the City Clerk's office.
Exhibit A — Prepared statement byJenny Corn
Exhibit B — Video submitted by Council Member Pacas
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