HomeMy WebLinkAboutMinutes 031103 Approved March 25,2003
63 ■ 18 CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, March 11, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting and Closed
Session)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
Mayor Clay announced that Council closed session Item #2-a) 1 would be pulled
from the agenda. Council Member O'Malley stepped down from consideration of
Item #2-a) 2 as he owns a piece of property within 500 feet of the property under
consideration.
a) Conference with legal counsel - Existing litigation (Govt. Code
Sec. 54956.9 (a))
1 Cn\ArenFneRtaI Genter of 2-!-Q Y Gity of AAasgade-4n
2. Creekside Associates v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action
taken.
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REGULAR SESSION:
Mayor Clay called the meeting to order at 7:10 p.m. and Mayor Pro Tem Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
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, Planning Services Manager Steve McHarris,
Deputy Community Services Director Geoff English, Police Chief
Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy
Hanley.
COMMUNITY FORUM:
Tom Gaddis, 1200 San Ramon, President of the Ministerial Association of Atascadero,
thanked the Council for their decision to allow prayer at their meetings. Mr. Gaddis
stated that he has instructed his pastors that the prayer should be short, though he
stated he might break that template tonight because it is the first night of a new
beginning and there were three items he wanted to pray for. He invited anybody in the
audience and the City leadership, if they would like, to pray for God's blessing on this
meeting and the meetings to come. He then recited a prayer.
Robert Huot, 3850 Ardilla Road, expressed his concern for the future of the Printery
building. In particular, he is concerned about the Karate School housed there.
Eric Greening, 7365 Valle, shared with the Council that the Draft Long Range
Interpretive Plan for the Anza Trail is now available for review at the National Park
Service website. On Sunday, March 23rd there will be a public hearing at the
City/County Library in San Luis Obispo on that plan. Mr. Greening also referred to the
"lake" at the mouth of Stadium Park canyon and asked if there might be the possibility of
a culvert under Capistrano Avenue to help with drainage.
Marge Mackey stated she is concerned about the future of the Printery building.
Dean Coker, 9360 Atascadero Avenue, commended the Atascadero Main Street
Program and the events they have sponsored.
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Bill Bright, 11875 Santa Lucia, questioned the Council's actions at their last meeting to
adjust their agenda to facilitate an invocation.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Recognition of outgoing Planning Commissioner, Jonelle Norton
Mayor Clay presented a plaque to Ms. Norton for her service to our community.
2. Proclamation declaring March 20, 2003 "Absolutely Incredible Kid Day"
Council Member Pacas read the proclamation. The recipient was unable to attend the
meeting to receive the proclamation.
3. Proclamation declaring March 2003 "Red Cross Month"
Council Member O'Malley read the proclamation and Mayor Clay presented it to Alan
McElwain, Red Cross representative.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Scalise apprised Council of a petition of support for the City of Burbank
in appealing the appellate court decision (Rubin v. City of Burbank). If successful, this
would allow an invocation program at City Council meetings. The cut off date for adding
support for the petition from the City of Atascadero is April 18tH
There was Council consensus to agendize this matter.
Council Member O'Malley asked for the issue of the possible purchase of the propertx
at the entrance to Stadium Park with Tree Fund money to be agendized for the April 8
meeting.
There was Council consensus to have this issue agendized at a future meeting.
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Mayor Clay asked Assistant City Manager Brady Cherry to share details about the
Moving Viet Nam Memorial Wall. Mr. Cherry stated that the Wall would be in
Atascadero April 17th through the 23rd. The Wall will be set up the morning of April 16th
and volunteers are needed to help with the set up, and to stay with the wall as Visitor
Hosts. There will be a memorial ceremony, Saturday, April 19th at 9:30 a.m. in the
Sunken Gardens.
Council Member O'Malley asked for clarification from staff concerning the letter from
Planning Commission Chairperson Roberta Fonzi about affordable housing.
Community Development Director Warren Frace stated that under the new General
Plan Housing Element there is a work program for the adoption of an inclusionary
housing ordinance that would set targets for either the percentage of units to be
designated affordable or establish an in-lieu fee for projects that do not wish to
participate in building the affordable units. This is a high priority work program for the
Community Development Department. A draft document will be brought before the
Planning Commission for their input, and depending on how that process goes a
timeline will be established for when the Council will see it.
Council Member O'Malley mentioned that Atascadero Bible Church is sponsoring a law
enforcement appreciation dinner on March 21St
A. CONSENT CALENDAR:
1. City Council Minutes — February 25, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of
February 25, 2003. [City Clerk]
2. 2002 Audit Report
• Fiscal impact: None.
■ Staff recommendation: Council review and accept the audit report for the fiscal year
ended June 30, 2002. [Administrative Services]
3. Commission Appointments
■ Fiscal impact: None identified.
• Staff recommendation: Council:
1. Adopt, on second reading by title only, Ordinance No. 411 amending the
Atascadero Municipal Code relating to the appointment of members of the
Planning and the Parks and Recreation Commissions; and,
2. Adopt the draft Resolution outlining procedures for implementation of the
Ordinance concerning appointment of members of the Planning and the Parks
and Recreation Commissions. [City Manager]
4. Residential Second Unit Code Text Amendment—Zone Change 2003-
0039
■ Fiscal impact: None.
■ Staff recommendation: City Council adopt on second reading, by title only,
Ordinance No. 412, amending the Zoning Ordinance to allow second units in the
RSF-Y Zoning district subject to performance standards. [Community Development]
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5. Facility Use Agreement with Atascadero Girls Softball
■ Fiscal impact: Minor savings to the City resulting from maintenance responsibilities
performed by Atascadero Girls Softball.
■ Staff recommendation: Council authorize the City Manager to execute a Facility Use
Agreement between the City of Atascadero and Atascadero Girls Softball.
[Community Services]
6. Final Map — Atascadero Ave. (Gearhart)
■ Fiscal impact: None.
■ Staff recommendations: Council:
1. Accept Final Parcel Map 2001-0006 (Tract 2415); and,
2. Authorize City Manager to execute Subdivision Improvement Agreement. [Public
Works]
Item #A-2: Mayor Pro Tem Luna referred to two notes in the audit report regarding
fixed assets and the Orange County Investment pool and asked what it would take to
have these notes taken out of future audits. Administrative Services Director Rickard
stated that both notes would disappear as of next year's audit. He also asked about
the status of the $223,000 for housing for redevelopment. City Manager Wade
McKinney indicated that the legislature has rejected the Governor's proposal with
respect to redevelopment. At this time redevelopment has not been included in the
State Budget cuts.
There was Council consensus to direct a letter to Assemblyman Maldonado and
State Senator McPherson indicating that the City is watching the budget process
and is very appreciative of them stepping in where possible.
MOTION: By Council member O'Malley and seconded by Mayor Pro Tem
Luna to approve Items #A-1, 2, 3, 4, 5 and 6.
Motion passed 5:0 by a roll call vote. (Pacas abstained on Item
#A-4) (Item #A-3 Resolution No. 2003-008, Item #A-5 Contract
No. 2003-005, Item #A-6 Contract No. 2003-006)
B. PUBLIC HEARINGS:
1. Zone Change 2000-0008, Master Plan of Development (CUP 2000-
0024) — Vesting Tentative Tract Map 2001-0011, 6340 Alcantara Ave.
(RusselI/Sholders)
■ 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 Mitigated Negative Declaration 2002-
0049; and, `
2. Introduce for first reading, by title only, Ordinance A approving Zone Change
2000-0008; and,
3. Adopt Resolution B, approving Conditional Use Permit 2000-0024 for the Master
Plan of Development subject to findings and conditions of approval, amending
the affordable housing condition # 15 to a seven-year deed restriction; and,
4. Adopt Resolution C, approving Vesting Tentative Tract Map 2001-0011, subject
to findings and conditions of approval.[Community Development]
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Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Douglas Sholders, 6805 Los Gatos Road, representative of the Applicant, asked the
Council to drop the affordable housing condition, as they do not feel it is fair. Mr.
Sholders answered questions of Council.
Eric Greening stated he feels the Council should set standards that they will follow for
the determination of the number of required affordable housing units for all proposed
subdivisions. Also, he expressed concern with the small valley oaks to be taken
because this species has had severe regeneration problems.
Larry Teebo, 7400 Balboa, spoke about affordable housing from his perspective as a
developer and his work in the mortgage business and urged the Council to allow the
Applicant to mitigate the affordable housing unit.
Dean Coker stated the Council should consider allowing developers to build the
affordable units at a lesser design and style standard than the balance of the homes to
help mitigate the financial loss associated with the requirement of including affordable
housing.
Council Member Pacas asked if the Applicant would consider making the existing home
the deed restricted affordable housing unit.
Lorraine Russell, Applicant, said that though she lives in the existing home, she would
consider making it the affordable housing unit.
Mayor Clay closed the Public Comment period.
There was Council discussion regarding the unit to be designated as affordable/work
force housing.
MOTION: By Council Member Scalise and seconded by Mayor Pro Tem
Luna to adopt Resolution A, to certify the proposed Mitigated
Negative Declaration 2002-0049.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-009)
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 2000-0008.
Motion passed 5:0 by a roll-call vote.
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MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to adopt Resolution B, approving Conditional Use
Permit 2000-0024 for the Master Plan of Development subject
to findings and conditions of approval, and amending
Condition of Approval #41 to delete the sidewalk condition,
and to add 60 days for residents first right of refusal.
Motion failed 2:3 by a roll call vote. (Pacas, Luna and Clay
opposed)
MOTION: By Council Member O'Malley and seconded by Council
Member Pacas to adopt Resolution B, approving Conditional
Use Permit 2000-0024 for the Master Plan of Development
subject to findings and conditions of approval, and amending
Condition of Approval #41 to delete the sidewalk condition,
and to include a 60 day period for Atascadero residents and/or
workers first right of refusal for workforce housing, and to
deed restrict one unit for a 15 year period.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2003-010)
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve Resolution C, approving Vesting Tentative
Tract Map 2001-0011, subject to findings and conditions of
approval.
Motion passed 5.0 by a roll-call vote.
(Resolution No. 2003-011)
Mayor Clay recessed the hearing at 9:15 p.m.
Mayor Clay called the meeting back to order at 9:30 p.m.
2. Cost Allocation Plan and Fee Study
■ Fiscal impact: Potential increased revenue to fund capital replacement and essential
City services. Actual revenue increases are dependent on fees adopted.
■ 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 introduced Eric Johnson,
Revenue Costs Specialists, Ltd. Mr. Johnson explained the Cost of Services Study to
the Council and answered their questions.
PUBLIC COMMENT
Dean Coker stated he feels the regulatory regime the development community faces is
not a personal choice. He explained that these regulations, affecting buildings, tree
removals, grading, etc., are followed for public safety reasons. He asked Council to
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give careful consideration to returning to the original purpose of regulation, which was
for health and safety, not only of the applicant, but the community at large.
Mayor Clay closed the Public Comment period.
There was Council Consensus to bring this item back to the next Council
meeting.
C. COMMITTEE & LIAISON REPORTS:
Mayor Clay
1. Water Committees: A representative from San Luis Obispo had stated that raising the dam
was one of their last priorities.
Mayor Pro Tem Luna
1. Integrated Waste Management Authority (IWMA): Will be meeting tomorrow, of note on the
agenda is the report that in 2001 the numbers were 51%diversion and the 2002 numbers are
forthcoming.
Council Member Scalise
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA):
Approved the overall work program and budget for 2003/2004. Call boxes on the Cuesta
Grade will be replaced as soon as construction is completed, and they will have the TTY
feature.
Council Member O'Malley
1. Air Pollution Control District (APCD): Scheduled a Strategic Planning session for April 2"d
2. Economic Vitality Corporation, Board of Directors (EVC): There are opportunities for
businesses in this area to receive consultation and loans.
Council Member Pacas
1. Atascadero Youth Task Force: The Optimist Club will be hosting the Bowl-A-Thon on
Saturday, March 15th, at the Creekside Lanes. The main concern at the last Youth Task
Force meeting was gap funding for the recreation/after school program.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Pro Tem Luna asked to have staff to look into the charging of
development fees on County properties that will utilize City services in the update
of the EI Pomar-Estrella County General Plans.
There was Council consensus for a letter to be sent to the County
requesting some recovery for building on the City's fringe, and to invite
County Supervisor Mike Ryan to address the Council on this item.
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City Attorney
The County has expressed interest in forming a countywide abandoned vehicle
abatement district. Mr. Hanley discussed the benefits of such a program to the
City of Atascadero. He asked if the Council was interested in having this brought
back on a future agenda.
There was Council consensus to bring back this issue.
City Manager
Public Works Director Steve Kahn updated the Council on the landfill fee
increase at Chicago Grade.
E. ADJOURNMENT:
Mayor Clay adjourned the meeting at 10:23 p.m. to the next regularly scheduled
meeting on March 25, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
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Marcia McClure Torgerson, City Clerk(),
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