HomeMy WebLinkAboutMinutes 022503 Approved March 11,2003
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CITY OF ATASCADERO
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��'°� CITY COUNCIL
MINUTES
TUESDAY, February 25, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a) Conference with legal counsel - Existing litigation (Govt. Code
Sec. 54956.9 (a))
1. Environmental Center of SLO v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action
taken.
REGULAR SESSION: 7:00 P.M.
Mayor Clay 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 Scalise, O'Malley, Pacas, Luna and Mayor Clay
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,
Information Technology Director Andrew Fruin, Public Works
Technician Valerie Humphrey, Police Chief Dennis Hegwood, Fire
Chief Kurt Stone and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Scalise and seconded by Mayor Clay to
approve an amended agenda with Item #A-4 pulled for
consideration at the next City Council meeting.
Motion failed 2:3 by a roll-call vote. (O'Malley, Pacas and Luna
opposed)
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Recognition of outgoing California Transportation Advisory Committee (CTAC)
representative, Dennis Schmidt.
Mayor Clay presented the award to Dennis Schmidt; Mr. Schmidt thanked Council,
the City, his boss and his family for their support and spoke about his work on
CTAC.
2. Introduction of Lt. John Hough, Atascadero Police Department by Chief
Dennis Hegwood.
Chief Hegwood presented Lt. Hough to Council and spoke about his,experience and
background.
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COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, read his letter to the editor expressing his views
on terrorism and war.
Myra Douglas, 8005 EI Rutero Avenue, spoke about De Anza Day, March 4t", and
invited the Council to walk a section of the Juan Bautista De Anza national historic trail,
next Tuesday. (Exhibit A)
Susan Brown, 1000 South River Road, representing the Literacy Council of San Luis
Obispo, thanked Council for their support last year and requested it be continued for this
year.
Mayor Clay closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley asked to discuss at a future meeting the issue of mixed-use
zoning and the ordinance needed to implement it; this would be to give staff some
Council input in drafting the ordinance, but would not involve a vote and would be
agendized under Management Reports.
Community Development Director Frace indicated that this item would be brought
before the Planning Commission at their next meeting for consideration of a draft
ordinance. He suggested bringing this item back to the Council after the Planning
Commission meeting, including the Commission's recommendation, then Council could
give staff direction on how best to bring it before Council.
There was further Council discussion in support of allowing this issue to proceed
according to City protocol, and subsequently Council Member O'Malley withdrew his
request.
Mayor Clay announced that he spoke to Paso Robles Mayor Mecham concerning the
homeless shelter issue. Mayor Clay asked him for financial support for the North
County shelter being proposed in Atascadero and other issues of mutual cooperation
were discussed.
1. Official Invocation at City Council Meetings — Discussion and
Direction
■ Item comes before City Council at its own direction for discussion, without specific
recommendation either for or against the policy.
City Attorney Roy Hanley gave the staff report and answered questions of Council.
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PUBLIC COMMENT
John Davis, Pastor Christ Chapel, stated that he and the other clergy in Atascadero
would be very glad to lead the Council in prayer.
Council Member O'Malley asked Pastor Davis if he felt clergy would prefer to limit their
invocations to the parameters set by the City at a preset time or to have the freedom to
design their own prayer during the Public Comment period. Pastor Davis answered that
he would be glad to present these options to the other clergy and report back with their
answer.
Joan O'Keefe, 9985 Old Morro East, stated she supports clergy speaking at the public
comment period of the Council meetings. She said she supports the separation of
church and state.
Ray Jansen observed that Jesus was quite adamant in condemning people who spoke
in public about their faith and admonished them to do their praying in private. Also he
shared a prayer closing he prefers.
Ellen Beraud, 9608 Morro Road, stated she does not support combining prayer with
politics.
Mayor Clay closed the Public Comment period.
Mayor Clay suggested moving the Public Comment to after the Pledge of Allegiance.
There was Council discussion on this issue.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to rearrange Council agendas to have Public
Comment immediately follow Introductions and that the City
send a letter to the Ministerial Association letting them know
of this change to the Council's agenda and that the City would
offer them, as a courtesy, to be the first speaker during Public
Comment.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
2. Commission Appointments
■ Staff recommendation: Council:
a. Introduce for first reading by title only the draft Ordinance, amending Section 2-
9.02 and Section 2-13.03 of the Atascadero Municipal Code relating to the
appointment of Planning Commission Members and Parks and Recreation
Commission Members; and,
b. Direct selected Council Members to appoint Commissioners and the City Council
approve the appointments.
City Manager Wade McKinney gave the staff report and answered questions of Council.
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PUBLIC COMMENT
Bill Bright, 11875 Santa Lucia, stated he supports the removal of Commissioners by a
majority of the Council.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
accept the staff recommendations as stated with the following
amendments...
Mayor Clay recessed the hearing at 8:23 p.m.
Mayor Clay called the meeting back to order 8:30 at p.m.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
introduce for first reading by title only the draft Ordinance,
amending Section 2-9.02 and Section 2-13.03 of the
Atascadero Municipal Code relating to the appointment of
Planning Commission Members and Parks and Recreation
Commission Members with the following amendments:
Section 2-9.02: The terms of appointment for the directly
appointed members of the Planning Commission shall be four
years and expire on danuaFy--31- December 31, or until the
appointing Council member vacates office.
Section 2-9.02: in the event that the appGonting City Go
membeF has vaGated affine the appointmeRt shall be made by
. .an teFFn may, but dGees not have to be, made by a
Section 2-9.02: Two (2) members shall be appointed by a
majority vote of the entire Council. Those two positions shall
be appointed for terms of two years commencing € ar-yI-,
2006 January 1. 2005 and expiring danuaFy 31,2007-
December
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Section 2-13.03: The terms of appointment for the directly
appointed members of the Parks and Recreation Commission
shall be four years and expire on daRUary-1- December 31, or
until the appointing Council member vacates office.
Section 2-13.03: in the event that the appointing Gity GG
membeF has vaGated GffiGe the appGontment shall be- Made by
of the vaGating Gity GGunGI1 membeF. in the event that the
vaGated City CGunGil posit on has nGt been filed by
GGmmassoGn teFM may, but does not have tG be, Fnade b"
Section 2-13.03: Two (2) members shall be appointed by a
majority vote of the entire Council. Those two positions shall
be appointed for terms of two years commencing CebFUaF„ ,
2005 January 1 2005 and expiring janUaFy 31, 2007 December
Motion passed 5:0 by a roll-call vote.
NOMINATION: By Mayor Pro Tem Luna of Joan O'Keefe to the Atascadero
Planning Commission.
NOMINATION: By Council Member Pacas of Ellen Beraud to the
Atascadero Planning Commission.
NOMINATION: By Council Member Scalise to re-appoint Grigger Jones to
the Atascadero Planning Commission.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
accept these appointments.
Motion passed 5:0 by a roll-call vote.
NOMINATION: By Mayor Pro Tem Luna to re-appoint Rick Mathews to the
Parks and Recreation Commission.
NOMINATION: By Mayor Clay of Lou Cappo to the Parks and Recreation
Commission.
Council Members Scalise and Pacas chose to wait on nominating a candidate at
this time.
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MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to
approve the two nominations.
Motion passed 5:0 by a roll-call vote.
There was Council consensus to direct the City Clerk to advertise for the two
vacant positions to the Parks and Recreation Commission and to have applicants
fill out an application and supplemental questionnaire.
A. CONSENT CALENDAR:
1. City Council Minutes — February 11, 2003
• City Clerk recommendation: City Council approve the City Council minutes of
February 11, 2003. [City Clerk]
2. January Disbursements —January 2003 Accounts Payable & Payroll
• Fiscal impact: $1,470,463.34.
■ Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for January 2003. [Administrative Services]
3. Request for Designation of the Integrated Waste Management
Authority as Atascadero's Local Enforcement Agency
■ Fiscal impact: None.
■ Staff recommendation: Council adopt draft Resolution, withdrawing the designation
of the San Luis Obispo County Health Department, Division of Environmental Health,
as Atascadero's Local Enforcement Agency, and approving the designation of the
San Luis Obispo County Integrated Waste Management Authority as Atascadero's
Local Enforcement Agency. [City Manager]
4. Zone Change 2002-0031— 9105 & 9127 San Diego Road (Mehring /
Twin Cities 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.
■ Staff recommendations: City Council introduce for second reading by title only, and
adopt Ordinance No. 410, enacting Zone Change 2002-0031; and amend the City's
Zoning Map to add a PD-16 overlay district to the project area. [Community
Development]
City Clerk Marcia McClure Torgerson pulled Item #A-4 and handed out the correct
ordinance for Council consideration.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to accept Items #A-1, 2 and 3.
Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolution
No. 2003-005)
Item #A-4: Council Member Scalise stated that there is confusion over staffs
interpretation of what the Planning Commission recommended to the City Council.
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Mayor Clay suggested sending this issue back to the Planning Commission for
clarification. There was Council discussion on this item.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to introduce for second reading by title only, and adopt
Ordinance No. 410, enacting Zone Change 2002-0031; and
amend the City's Zoning Map to add a PD-16 overlay district to
the project area.
Motion passed 3:2 by a roll-call vote. (Scalise and Clay
opposed)
B. PUBLIC HEARINGS:
1. Development Impact Fee Adjustments
■ Fiscal impact: Actual revenues are not estimated; they will offset expenses
associated with providing services to new development.
• Staff recommendation: Council accept public comment and provide direction to staff
to return the item for the next Council agenda with an implementing ordinance for
consideration of adoption. [City Manager]
Assistant City Manager Brady Cherry gave the staff report and answered questions of
Council. He explained that he would conduct this item as a study session for the
Council. Mr. Cherry introduced Scott Thorpe, Senior Vice President of Revenue and
Cost Specialists, the consultant who prepared the impact fee report for Council.
Scott Thorpe discussed development impact fees in detail and answered questions of
Council.
PUBLIC COMMENT
Will Mehring, 11190 Santa Lucia, asked for clarification on several items covered in the
proposal.
Don Ritter, Pino Solo Avenue, expressed his view that the taxpayers have been
subsidizing homebuilders over the last few years due to the lowered fees.
Lee Gustafson, 885 Wild Oats Way, Templeton, addressed the commercial aspect of
impact fees.
Jeff Borges, Templeton, stated he had purchased property on EI Camino Real with the
intent of building houses in the $250,000 to $275,000 range. He is concerned that the
fees may punish the majority of the people who cannot afford a median house price in
the community.
Dean Coker, 9360 Atascadero Avenue, urged the Council to carefully study the impact
of impact fees.
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David Harrell asked for clarification on the some of the statistics within the proposal.
Robert Fonzi, 7888 Sinaloa, asked if the Council could look carefully at the circulation
figures contained in the proposal, and the impact on planned unit developments.
Mayor Clay closed the Public Comment period.
Mr. Thorpe answered the questions asked by the public.
Council Members gave staff direction as to specific items they would like addressed
during staff's next presentation on this issue.
Mayor Clay recessed the hearing at 10:38 p.m.
Mayor Clay called the meeting back to order at 10:46 p.m.
2. Residential Second Unit Code Text Amendment - Zone Change 2003-
0039
• Fiscal impact: None.
• Planning Commission recommendation: City Council introduce for first reading, by
title only, draft Ordinance A amending the Zoning Ordinance to allow second units in
the RSF-Y Zoning district subject to performance standards. [Community
Development]
Council Member Pacas announced that she would be stepping down on this item, as
her parents own four lots within the new SFR-Y Zone that will be affected by this
ordinance.
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Joan O'Keefe, 9985 Old Morro Road East, expressed her concern with second units
and the required septic systems and their impact on existing trees. She also explained
to the Council what the Planning Commission discussed.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to continue the meeting past 11:00 p.m.
Motion passed 4:0 by a voice vote.
Joanne Main, 8940 San Gabriel Road, encouraged the Council to approve this
amendment.
Jerry McDaniel stated he supports this amendment.
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Mayor Clay closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt the staff recommendation with the change of
returning the enclosed parking back to covered or enclosed.
There was Council discussion regarding the issue of septic systems for second units.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to introduce for first reading by title only, the draft
Ordinance amending the Zoning Ordinance to allow second
units in the RSF-Y Zoning district subject to performance
standards, with the following amendment: change of returning
the enclosed parking back to covered or enclosed.
Motion passed 4:0 by a roll-call vote. (Pacas abstained)
C. MANAGEMENT REPORTS:
1. Legislative Priorities 2003
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Adopt draft Resolution A establishing the City's legislative priorities for 2003; and,
2. Adopt draft Resolution B providing for a voluntary payroll deduction for Action for
Better Cities. [City Manager]
City Manager Wade McKinney explained this item to the Council and introduced Dave
Mullinax, Regional Representative of the League of California Cities.
Mr. Mullinax explained the League's Grassroots Program and asked the Council to
approve the proposed Resolutions.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt the draft Resolutions as recommended by staff.
Motion passed 5:0 by a roll-call vote.
(Resolutions No. 2003-006 and 2003-007)
2. CDBG Annual Allocation
■ Fiscal impact: Available funds are estimated at$227,674 for the 2003 cycle.
• Staff recommendation: City Council forward to the County Board of Supervisors
allocation recommendations for the 2003 Community Development Block Grant
(CDBG)funds. [Public Works]
Administrative Assistant Valerie Humphrey gave a brief staff report and answered
questions of Council
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PUBLIC COMMENT
Joan O'Keefe discussed the revolving loan fund, the two loans currently under
consideration, and the remaining funds still sitting at HUD. She urged Council to
consider using the money available for a worthy project where it would otherwise be
difficult to come up with the needed funds.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve the recommendation for the 2003
Community Development Block Grant Funds as presented by
staff.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
D. COMMITTEE & LIAISON REPORTS: None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Pro Tem Luna asked staff to look into the charging of development fees
on county properties that will use City services. There was not Council
consensus.
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 11:52 p.m. to the next regularly scheduled
meeting on March 11, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A - Myra Douglas, De Anza Day letter
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