HomeMy WebLinkAboutMinutes 032503 Approved April 22,2003
M-8 ■ i e CITY OF ATASCADERO
CADS
CITY COUNCIL
MINUTES
TUESDAY, March 25, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
Council Member O'Malley announced that he would be stepping down on Item #2
a) 1., due to a financial interest.
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
2. Creekside Associates v. City of Atascadero
b) Conference with negotiator over real property. (Govt. Code
54956.8)
Negotiator: City Manager Wade McKinney
Property: APN #028-092-009, #056-322-010, and #056-322-011.
Negotiations will include price and/or terms of payment.
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action
taken.
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REGULAR SESSION: 7:00 P.M.
Mayor Clay called the meeting to order at 7:00 p.m. Council Member Scalise
introduced Boy Scout Chase Wagstaff who 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, Administrative Services Director
Rachelle Rickard, Community Development Director Warren Frace,
Planning Services Manager Steve McHarris, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley.
COMMUNITY FORUM:
Pastor Tom Gaddis led the attendees in a prayer.
Raymond Jansen, read the second part of a three-part series of letters he has written to
the editor of the Atascadero News.
Leon Korba, Santa Ana Road, reminded the Council that he had requested information
on the issue of placing the election of Mayor on the next ballot.
Barbie Butz, 3370 San Fernando Road, representative of the Atascadero Youth Task
Force, explained what they offer and what their highest priorities are. She distributed to
the Council their Executive Summary and Priorities for 2003. (Exhibit A)
Jerry Bunin, Home Builders Association and representative of Celebration for
Community Housing, invited the Council to a housing tour and explained they want to
show there can be nicely designed, higher density projects within the City that would
create more affordable housing. He distributed information regarding housing. (Exhibit
B)
Eric Greening, 7365 Valle, expressed his opinion that density alone is not the whole
picture of smart growth. He felt density must be achieved in such a way that
surrounding open space is preserved rather than providing a new nucleus for
surrounding sprawl, and that serious steps must be taken toward modal shift in
transportation.
Mayor Clay closed the Community Forum period.
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APPROVAL OF AGENDA:
Council Member Pacas requested a change in the Public Hearings reversing their order.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the agenda as amended.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring April 2003 "Month of the Child"
Council Member Pacas read the proclamation and Mayor Clay presented it to Susan
Riojas of Head Start.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Luna asked for clarification concerning a property on Traffic Way zoned
for public recreation and questioned the Planning Commissions' recent approval of a
Conditional Use Permit for two membership organization facilities and 1.4 acre public
park. Community Development Director Warren Frace explained the project and its
conformance with the new General Plan designation for the site. The City Attorney
explained that there is no inconsistency in the intended use and the General Plan
designation, which included this type of use. He stated that Council does have the
authority to interpret the meaning of the General Plan and can have this brought back
for further discussion. Council Member Luna asked for consensus to put this issue on a
future Council agenda. There was not Council consensus.
Mayor Clay spoke about the community barbeque last Sunday at Camp Roberts for the
troops.
Council Member O'Malley asked the Council to agree to have staff come back to the
Council with a report on the possibility of Atascadero becoming a Charter City.
There was Council consensus to have staff place the issue of a City Charter on a
future agenda.
Mayor Clay stated the Hill family would like to have their code enforcement case placed
on a future Council agenda. There was not Council consensus.
1. Participation as an Amicus Supporter of the Petition to the U.S.
Supreme Court Seeking to Overturn Rubin v. Burbank Concerning
Invocations 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.
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City Attorney Roy Hanley gave the staff report and answered questions of Council.
Council Member Luna expressed his opinion against having prayer at Council meetings
by reading the Seventh Day Adventist's Declaration of Principles concerning religious
liberty. (Exhibit C)
PUBLIC COMMENT
Becca Carsel, 7370 Valle Avenue, stated that as a Jewish resident of Atascadero she is
appalled that the Council would begin their meetings with Christian prayer. She feels
this is not a local rights issue, but rather a church versus state issue and feels this is
alienating to those who do not believe that a prayer should be in the name of Jesus.
Marie Gaines stated that the court case prohibits only sectarian prayer in City Council
meetings, and does prohibit prayer or an invocation.
Eric Greening agreed with previous speakers and feels it is not a public service to join in
this case. He stated his concern that having an official prayer opening to a meeting
would divide the community by excluding some members of the community.
Curtis Clark, local attorney, reviewed the court's decision and expressed his support for
the proposal of the City Attorney.
Joyce Zimmerman, 6225 Lomitas Road, stated she is an advocate for the separation of
church and state. (Exhibit D)
Leon Korba, Santa Ana Road, discouraged the Council from participating as a friend of
the court in Rubin v. Burbank. (Exhibit E)
Don Hughes, 7005 Lomitas Road, referred to several religious organizations and their
stands on separation of church and state.
David Broadwater, 6604 Portola Road, told the Council they should not participate in the
friend of the court brief. He felt if the Council does not want sectarian prayer there is no
reason to participate in the brief.
Bill Bright, 11875 Santa Lucia, stated he agrees with the previous speakers and urged
the Council to keep church and state separate.
Joan O'Keefe, 9985 Old Morro Road East, stated she agrees with the previous
speakers and expressed her opposition to prayer at Council meetings. She urged the
Council to decline participation in the friend of the court brief.
Curtis Clark gave some background on the individual who brought the initial lawsuit
against the City of Burbank and his attorney.
David Broadwater, referring to the previous speaker, felt it was inappropriate to use
character assassination as an argument in favor of joining the brief.
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Leon Korba made a distinction between the individual who brought the initial suit and
the issues involved.
Eric Greening stated that the issue of individual rights is very important in this setting, as
there are those who attend Council meetings who may not want to participate in a
sectarian presentation.
Bill Bright indicated that for him the issue is sectarian prayer, and he would be happy to
listen to a non-sectarian City sponsored invocation.
Mayor Clay closed the Public Comment period.
Mr. Hanley clarified some specific points concerning this issue.
There was Council discussion on this issue.
MOTION: By Council Member Scalise and seconded by Mayor Clay to
have the City of Atascadero join with the rest of the cities that
are going to participate in the declaration of support.
Motion passed 3.2 by a roll-call vote. (Pacas, Luna opposed)
2. EI Pomar / Estrella Area Plan Update — San Luis Obispo County
Supervisor Mike Ryan
Supervisor Mike Ryan gave a presentation and answered questions of Council
concerning the EI Pomar/ Estrella Area Plan update.
PUBLIC COMMENT
Eric Greening, member of the EI Pomar / Estrella Area Plan Update Committee
commented on the following issues: 1) fees owed, 2) lack of parkland in the planning
area and after the rezoning, no recreation zoned land, and 3) HCD numbers. He
expressed concern about the actual outcome during the lifetime of the plan because of
the way the state is now involved.
Supervisor Ryan responded to several issues raised by Mr. Greening.
Mayor Clay closed the Public Comment period.
A. CONSENT CALENDAR:
1. City Council Minutes — March 11, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of March
11, 2003. [City Clerk]
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2. February Disbursements — February 2003 Accounts Payable &
Payroll
■ Fiscal impact: $1,514,205.46.
■ Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for February 2003. [Administrative Services]
3. Award Contract for Breathing Air Machine
■ Fiscal impact: $44,743.78 (in FY 2002-2003 budget)
■ Staff recommendation: Council award contract to Bauer Compressors for the
purchase of a Breathing Air Machine at a cost of $44,743.78, and authorize the City
Manager to execute the appropriate agreement. [Fire Department]
4. 2002-2003 Annual Overlay Program — R. Burke Construction
■ Fiscal impact: $1,282,200 (in FY 2002-2003 budget)
■ Staff recommendation: Council:
1. Accept R. Burke Construction, Inc.'s work as complete.
2. Authorize the City Manager to sign and file the Notice of Completion.
[Public Works]
5. Santa Ysabel Avenue Rehabilitation Project— Bid No. 2002-01
■ Fiscal impact: $260,000.00 (appropriated from the Local Transportation Fund)
■ Staff recommendations: Council:
1. Authorize the Director of Administrative Services to appropriate an additional
$260,000 from the Local Transportation Fund for this project.
2. Authorize the City Manager to sign change orders up to $190,000.00 with Souza
Construction, Inc. [Public Works]
6. Final Map 2002-0048 (Parcel Map AT 02-0253) 3300 Traffic Way - (TPM
2002-0030) - (Johnson/Dotson)
■ Fiscal impact: None.
■ Staff recommendation: Council accept Final Parcel Map 2002-0048 (Parcel Map AT
02-0253) [Public Works]
Item #A-5: Council Member Luna asked if there were a method by which the City could
be reimbursed by the utility companies for their failure to comply with good engineering
practices. City Attorney Roy Hanley stated he would look at this issue and get back to
Council with an off-agenda analysis of the potential.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to approve Items #A-1 through 6.
Motion passed 5:0 by a roll-call vote. (Pacas abstain on #A-6)
(Item #A-3 Contract No. 2003-007)
Council Member Pacas stated that she had abstained from Item #A-6 to avoid the
appearance of impropriety.
Mayor Clay recessed the hearing at 9:18 p.m.
Mayor Clay called the meeting back to order at 9:27 p.m.
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B. PUBLIC HEARINGS:
1. General Plan Amendment 2003-0003, Zone Change 2003-0038 —
Conversion of existing 1,925 square foot building from office use to
single-family residence (7905 Curbaril Avenue/ Black)
■ 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 recommendation:
1. Adopt Resolution A certifying Negative Declaration 2003-0005; and,
2. Adopt Resolution B approving General Plan Amendment 2003-0003 based on
findings; and,
3. Introduce for first reading, by title only, Ordinance A approving Zone Change
2003-0038 based on findings. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Bruce Black, applicant, stated he supported staff's recommendations, however,
regarding removal of one-half of the blacktop on the property, he felt it would be helpful
to his landscaping plans to leave it as is.
PUBLIC COMMENT - None
Mayor Clay stated he did not agree with the condition for removal of the blacktop. He
felt at some point there would be other units there and it is unnecessary for the
applicant to be required to remove the blacktop from the back of the house.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to adopt Resolution A certifying Negative declaration
2003-0005.
Motion passed 4:1 by a roll-call vote. (Mayor Clay opposed)
(Resolution No. 20003-017)
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to Adopt Resolution B approving General Plan
Amendment 2003-0003 based on findings.
Motion passed 4:1 by a roll-call vote. (Mayor Clay opposed)
(Resolution No. 2003-018)
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 2003-0038 based on findings.
Motion passed 4:1 by a roll-call vote. (Mayor Clay opposed)
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2. General Plan Amendment 2003-0004, Zone Change 2003-0033 — Road
Abandonment 2002-0011; Zone Change 2002-0032; Master Plan of
Development (CUP 2002-0074); Tentative Tract Map 2002-0021; The
Villas at Montecito — 28-unit Multi-Family Planned Development &
6,400 SF Office Building (9500 Las Lomas Ave/ Hendrix)
■ Fiscal impact: The project would likely have a slight negative impact on City
revenues. As a general rule, multi-family dwellings and office use require services
that exceed the revenue generated by the proposed uses.
■ Planning Commission recommendation:
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2002-0038; and,
2. Adopt Resolution B, approving General Plan Amendment 2003-0024 based on
findings; and,
3. Introduce for first reading only Ordinance A, establishing Planned Development
#18 (Zone Change 2003-0033) based on findings; and,
4. Adopt Resolution C, approving Road Abandonment 2002-0011 based on
findings; and,
5. Introduce for first reading only Ordinance B, approving Zone Change 2002-0032
based on findings;and,
6. Adopt Resolution D, approving the Master Plan of Development (CUP 2002-
0074) based on findings and subject to Conditions of Approval and Mitigation
Monitoring; and,
7. Adopt Resolution E, approving Vesting Tentative Tract Map 2002-0021, based
on findings and subject to Conditions of Approval and Mitigation Monitoring.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
Rex Hendrix, applicant, submitted a letter from Dr. Schechter stating that all animals are
kept indoors and they create no noise. He also asked that the requirement of pavers be
removed. Mr. Hendrix also questioned the condition of deed restricting 2 homes as
affordable. In answer to a question by Mayor Clay, Mr. Hendrix stated that he had no
problem with designating a portion of the houses as workforce housing. (Exhibit F)
PUBLIC COMMENT
Kim Malone, 9275 Pino Solo, listed her concerns with the proposed project, especially
the entrance into the site.
Gail Gresham stated she thinks this project is beautiful but she expressed her concern
with the increased traffic and safety.
Larry Bell, 9025 Pino Solo, stated that he hoped the Council has had a chance to review
the letter he sent in last week. He expressed his concern with the location of the
entrance of the project.
Bob Tomaszensky, applicant's representative, explained the location of the entrance
was chosen based on topography and to avoid the removal of trees.
Mayor Clay closed the Public Comment period.
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There was Council discussion regarding issues raised by the applicant and public.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to accept the Planning Commission recommendations
to:
1. Adopt Resolution A, certifying Mitigated Negative
Declaration 2002-0038; and
2. Adopt Resolution B, approving General Plan Amendment
2003-0024 based on findings; and,
3. Introduce for first reading by title only Ordinance A,
establishing Planned Development #18 (Zone Change 2003-
0033) based on findings; and,
4. Adopt Resolution C, approving Road Abandonment 2002-
0011 based on findings; and,
5. Introduce for first reading by title only Ordinance B,
approving Zone Change 2002-0032 based on findings; and,
6. Adopt Resolution D, approving the Master Plan of
Development (CUP 2002-0074) based on findings and
subject to Conditions of Approval and Mitigation
Monitoring dropping Condition of Approval #9 and
amending Condition of Approval #16 specifying 15 years
for the deed restricted period, and inserting a condition for
workforce housing as appropriate; and,
7. Adopt Resolution E, approving Vesting Tentative Tract Map
2002-0021, based on findings and subject to Conditions of
Approval and Mitigation Monitoring dropping Condition of
Approval #9 and amending Condition of Approval #16
specifying 15 years for the deed restricted period, and
inserting a condition for workforce housing as appropriate.
Motion passed 4:1 by a roll-call vote. (Pacas opposed)
(Resolution Nos. 2003-012, 2003-013, 2003-014, 2003-015, 2003-
016)
Council Member Pacas explained that she voted in opposition because at the last
Council meeting a precedent was set to ask for 20% affordable or middle class housing
and she does not see that percentage with this project, which is high-density housing.
Mayor Clay recessed the hearing at 10:45 p.m.
Mayor Clay called the meeting back to order at 10:55 p.m.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to continue the meeting past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas and Scalise
opposed)
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3. Mixed Use Code Text Amendment—Zone Change 2003-0042
■ Fiscal impact: None directly associated with amending the Zoning Code.
■ Planning Commission recommendation: City Council adopt draft Ordinance A,
adopting the proposed mixed-use code text amendments to the Zoning Ordinance.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
There was Council discussion and recommendations for this proposed text amendment.
PUBLIC COMMENT
Larry Thibeault, 7400 Balboa, stated his concerns with the proposed text amendment.
He also distributed his concerns in detail to the Council in a written submission. (Exhibit
G)
Ursula Luna, resident of Atascadero, expressed her concerns with widespread
construction of 3-story buildings and feels the use of such buildings should start in the
downtown and move out slowly from there.
Mayor Clay closed the Public Comment period.
There was Council consensus to send this item back to staff with Council's
suggested amendments.
C. ATTORNEY REPORTS:
1. Urgency Ordinance — Definition of Auto Dealer — Introduction of
Permanent Ordinance to Same Effect
■ City Attorney recommendation: City Council:
1. Adopt, by a 4/5 vote, Urgency Ordinance No. 413 amending the definition of
"auto dealer' in the Atascadero Municipal Code.
2. Introduce for first reading, by title only, draft Ordinance amending the definition of
"auto dealer' in the Atascadero Municipal Code. [City Attorney]
City Attorney Roy Hanley gave the staff report.
PUBLIC COMMENT— None
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt Urgency Ordinance amending the definition of
"auto dealer" in the Atascadero Municipal Code, and introduce
for first reading, by title only, draft Ordinance amending the
definition of"auto dealer" in the Atascadero Municipal Code.
Motion passed 5:0 by a roll-call vote.
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D. COMMITTEE & LIAISON REPORTS:
Council Member Scalise
1. Local Agency Formation Commissions (LAFCO): Beginning the Nipomo area sphere of
influence study.
2. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA):
Working vigorously to suspend the regional housing needs allocation process.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Clay referred to the discussion on affordable housing and asked about what will
be coming forward on this item in the future. City Manager McKinney and City Attorney
Hanley addressed this issue. There was Council discussion about how to proceed on
projects already in the pipeline and work toward an inclusionary housing ordinance.
The Mayor directed staff to come up with a strategy on how to handle both current
projects and the zone change amendments that are necessary to implement the new
General Plan.
City Clerk
Three applications have been received for the Parks and Recreation Commission. At
the April 8t" meeting the appointments will be announced and Council will then vote on
the appointments.
E. ADJOURNMENT:
Mayor Clay adjourned the meeting at 12:10 a.m. to the next regularly scheduled
meeting on April 8, 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 — Barbie Butz, Atascadero Youth Task Force Executive Summary and
Priorities for 2003.
Exhibit B — Jerry Bunin, Home Builders Association, information regarding housing.
Exhibit C - Mayor Pro Tem Luna, PowerPoint document
Exhibit D —Joyce Zimmerman, prepared statement
Exhibit E — Leon Korba, prepared statement
Exhibit F — Rex Hendrix, letter from Dr. Schechter
Exhibit G — Larry Thibeault, list of objections
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