HomeMy WebLinkAboutMinutes 112503 Approved January 13,2004
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ion 18 CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, NOVEMBER 25, 2003
REGULAR SESSION:
Mayor Clay called the meeting to order at 7:00 p.m. and Council Member Pacas 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, Public
Works Director Steve Kahn, Community Development Director
Warren Frace, Deputy Community Services Director Geoff English,
Technical Assistant Melanie Whaley, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley.
COMMUNITY FORUM:
Mike Casey, representing the Ministerial Association of Atascadero, led the meeting in
prayer.
Eric Greening, 7365 Valle Avenue, expressed his view of the State budget crisis.
Ray Jansen, 6655 Country Club Drive, read a prepared statement that he had
submitted to the newspaper concerning election reform.
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Jeff Thomas, 3950 Colima Road, explained to the Council the drainage problem he is
experiencing on his property. He asked the Council to look into his problem. City
Manager Wade McKinney stated that staff has been working on this drainage issue; it is
a difficult situation as many properties are involved.
Mayor Clay closed the Community Forum.
APPROVAL OF AGENDA:
Council Member Scalise requested Item #C-2 be moved to a position before the
Consent Calendar. Mayor Clay announced that Item #13-4 has been continued.
There was Council consensus to approve the revised agenda.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley proposed that at the next strategic planning session Council
attempt to come up with some common policies to give staff and the Planning
Commission more direction on how to deal with the few difficult lots remaining in
Atascadero, especially those slated for hillside development. There was no Council
consensus to consider this item at the next strategic planning session.
1. Interim Inclusionary Housing Policy
■ Fiscal impact: Increased fees will provide additional revenue for
affordable housing in the City.
■ Staff recommendation: City Council consider increasing the affordable
housing in-lieu fee from 2.5% to 5% of construction value
Community Development Director Warren Frace gave the staff report.
PUBLIC COMMENT: None
Council Member Scalise stated she does not support this increase.
Mayor Pro Tem Luna stated he supports this increase.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to increase the affordable housing in-lieu fee from 2.5%
to 5% of construction value.
Motion passed 4:1 by a roll-call vote. (Scalise opposed.)
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C. MANAGEMENT REPORTS:
2. Surface Transportation Program (STP) Funding Allocation
■ Fiscal impact: SLOCOG's recommendation could cost the City
$873,000.00 over 6 years if the City is not successful in obtaining
funding in competition.
Staff recommendation: Council recommend to San Luis Obispo
Council of Governments that funding from the Urban State Highway
Account (USHA) of the Surface Transportation Program (STP) be
allocated to the City of Atascadero based on "jurisdictional basis."
[Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Ron DeCarli, Executive Director of SLOCOG, explained to the Council how the
deteriorating State fiscal situation effects transportation and specifically how it effects
this proposal. Mr. DeCarli asked Council to defer any action on this item until SLOCOG
has a better idea of what the funding situation is. Mr. DeCarli answered questions of
Council.
Eric Greening stated he agrees with postponing a decision until all the details are
discussed.
Mayor Clay closed the Public Comment period.
Mr. DeCarli stated SLOCOG would not take action on this item until the first week of
February, and will be developing their recommendations and reviewing with their
advisory committees in mid-January, therefore any time around mid-January would be
fine for working with Council and staff.
There was Council consensus to continue this item until more information is
forthcoming from SLOCOG staff.
A. CONSENT CALENDAR:
1. City Council Minutes —October 14, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of October 14, 2003. [City Clerk]
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2. City Council Minutes — October 28, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of October 28, 2003.[City Clerk]
3. Investment Policy— Proposed Revisions
■ Fiscal impact: None.
■ Staff recommendation: City Council approve the draft Resolution
adopting the revised City of Atascadero Investment Policy. [City
Treasurer]
4. October Disbursements — October 2003 Accounts Payable & Payroll
■ Fiscal impact: $1,319,564.45.
■ Staff recommendation: City Council approve certified City accounts
payable, payroll and payroll vendor checks for October 2003.
[Administrative Services]
5. City Council 2004 Meeting Schedule
■ Fiscal impact: None.
■ Staff recommendation: Council approve City Council meeting
schedule for 2004. [City Manager]
6. Single-Family Planned Development Zone Change 2003-0045 - 5516
Tunitas Avenue (Thibeault)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residential zoning district.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2003-0045 adding the
PD-7 zoning overlay district to an RMF-10 site. [Community
Development]
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7. Reconsideration of Affordable Housing In-Lieu Fee Conditions -
Multi-Family Planned Development - Master Plan of Development
(CUP 2002-0064), Vesting Tentative Tract Map 2002-0018 1200 La
Costa Court (Charnley)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residential zoning district.
■ Staff recommendation: Council
1. Amend Resolution 2003-051, changing the affordable in-lieu fee of
Condition 16 from 2.50% to 5.00% of the construction valuation of the
market rate units for the Master Plan of Development (CUP 2002-
0064); and,
2. Amend Resolution 2003-052, changing the affordable in-lieu fee of
Condition 9 from 2.50% to 5.00% of the construction valuation of the
market rate units for the Vesting Tentative Tract Map (TTM 2002-
0018). [Community Development]
8. Charles Paddock Zoo Utility Renovation Project - Design Services
Award
■ Fiscal impact: Approval of this agreement will result in the expenditure
of $10,200.00 for Phase I, $25,950.00 for Phase II. The cost for Phase
III will be negotiated based on the outcome of Phases I & II.
■ Staff recommendation: Council:
1. Authorize the City Manager to execute a contract with John L.
Wallace & Associates for design plans and construction documents
related to the Charles Paddock Zoo Utility Renovation Project.
2. Authorize the Director of Administrative Services to adjust the
budget to reflect the additional $272,050 in Proposition 12 Funds
and the appropriation of such funds on the Zoo Utility Renovation
Project. [Community Services]
9. Proposition 40 Bond Act - Roberti-Zberg-Harris Block Grant Program
• Fiscal impact: Approval of this resolution will allow the City Manager to
apply for $73,112.00 from the Robe rti-Zberg-Harris Block Grant
Program under Proposition 40, the Clean Water, Clean Air, Safe
Neighborhood, Parks and Coastal Protection Bond Act of 2,002.
■ Staff recommendation: Council:
1. Approve the draft Resolution authorizing the City Manager to apply
for $73,112.00 in grant funds from the Roberti-Zberg-Harris Block
Grant Program under the Clean Water, Clean Air, Safe
Neighborhood, Parks and Coastal Protection Bond Act of 2002, and
2. Direct staff to allocate these funds to the Alvord Field Parking Lot
Project. [Community Services]
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10. Atascadero Lake Park Walkway Project - Bid No. 2003-009
■ Fiscal impact: $117,299.41 in TEA funds and TDA Article 3 Funds for
the project; and will require an additional appropriation of $62,670.00
from the Parkland Facility Fees Fund.
■ Staff recommendation: City Council:
1. Authorize the City Manager to execute a contract with Sansone
Company in the amount of $117,299.41 for construction of Phase II
of the Atascadero Lake Park Walkway Project; and,
2. Authorize the Director of Administrative Services to allocate
$62,670.00 in Parkland Facilities Fees toward the completion of the
Atascadero Lake Park Walkway Project. [Community Services]
11. Revisions to the City's Facility Policies, Procedures and Fees
■ Fiscal impact: Minor increases in revenue from rental functions.
■ Staff recommendation: Council approve the draft Resolution amending
the City of Atascadero Facility Policies, Procedures and Fees.
[Community Services]
Mayor Pro Tem Luna pulled Item # A-11, Council Member Scalise pulled Item #A-8 and
Eric Greening pulled Item #A-10.
City Attorney Roy Hanley disclosed he has an ownership interest in property at 8930
Morro Road, and will have a conflict with Items #A-8 and #A-10. Mr. Hanley left the
room during discussion of those items.
Item #A-8: Council Member Scalise asked for statistics on revenue and attendance at
the Zoo. Assistant City Manager Brady Cherry provided the requested information.
Additionally Council Member Scalise inquired why there were no comparison bids in the
staff report. Mr. Cherry explained that this was a design services award and not based
solely on price.
Item #A-11: Mayor Pro Tem Luna asked for clarification on the amended fees.
Assistant City Manager Brady Cherry reviewed the proposal.
Item #A-10: Eric Greening questioned if there were a cost overrun in the Walkway
Project or was the allocation figure what was expected. He encouraged a more simple
design for the Walkway in keeping with the historic character of the lake. Public Works
Director Steve Kahn addressed Mr. Greening's question.
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MOTION: By Council Member O'Malley and seconded by Council
Member Scalise to approve Items #A-1 through 11 with an
amendment to Item #A-11, No. 12 stipulating when alcohol is
served there be one security guard to 100 guests.
Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolution
No. 2003-0064, Item #A-6 Ordinance No. 434, Item #A-8
Contract No. 2003-037, Item #A-9 Resolution No. 2003-065,
Item #A-10 Contract No. 2003-038, Item #A-11 Resolution No.
2003-066)
Mayor Clay recessed the hearing at 8:30 p.m.
Mayor Clay called the meeting back to order at 8:45 p.m.
B. PUBLIC HEARINGS:
1. Housinq Authority Request for Permission to Issue Bond for Senior
Housing Project
■ Fiscal impact: None.
■ Staff recommendation: Council adopt draft Resolution allowing the
Housing Authority to issue tax-exempt bonds to assist in financing their
Atascadero Senior Apartment project. [City Manager]
City Manager Wade McKinney gave the staff report.
George Moylan, Executive Director of the City of San Luis Obispo Housing Authority,
explained to the Council the requirements for his agency to operate in the City of
Atascadero. He also answered questions of the Council.
PUBLIC COMMENT None
MOTION: BY Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt draft Resolution allowing the Housing Authority
to issue tax-exempt bonds to assist in financing their
Atascadero Senior Apartment project.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2003-067)
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2. Road Abandonment 2003-0012 Tentative Tract Map 2003-0029 -
Encino/Atajo Lot Line Adjustment (Don Messer / 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 proposed project.
■ Planning Commission recommendation:
1. Council adopt draft Resolution A, certifying Proposed Mitigated
Negative Declaration 2003-0044; and,
2. Council adopt draft Resolution B, approving Road Abandonment
2003-0012, thereby approving the abandonment of a portion of
Encino Road subject to findings and conditions; and,
3. Council adopt draft Resolution C approving Tentative Tract Map
2003-0029, thereby approving a six lot subdivision tract that would
adjust six existing Colony lots of record consistent with Road
Abandonment 2003-0012, subject to findings and conditions.
[Community Development]
Community Development Director Warren Frace gave the staff report, City Manager
Wade McKinney explained to the Council the issue of public safety concerning the
decision to gate a road, and Fire Chief Kurt Stone explained the fire safety issues and
the reason and purpose for a fire access road. Those present watched a video of the
Oakland Hills fire. Director Frace and Chief Stone answered questions of Council.
Russ Thompson, R. Thompson Consulting, representing the applicant, explained why
the applicant should not be required to pave Encino Road. Mr. Thompson answered
questions of Council.
PUBLIC COMMENT
Eric Greening stated he supports the full fee for the native tree mitigation fund. Given
the dense canopy cover on the site, it would be better to use the funds to mitigate off
site.
Linda Christianson, resident of Encino Road, stated she is opposed to making Encino
Road a through street.
Tom Novak, 5740 Encino Road, expressed his opposition to making Encino Road a
through street.
Celia Bewley, 5530 Encino, stated she supports the Planning Commission
recommendation concerning this project.
Mark Bewley, Encino Road resident, stated that making Encino Road a through street
might improve fire safety, but it will increase traffic impacts.
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Greg Kerr, owner of a lot on Atajo, expressed his concern with the amount of trees
proposed to be removed.
Mayor Clay closed the Public Comment period.
There was Council discussion regarding the staff recommendation of Access Option No.
8, tree removals, use of a gate and traffic concerns.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to adopt draft Resolution A, certifying Proposed
Mitigated Negative Declaration 2003-0044; and, adopt draft
Resolution B, approving Road Abandonment 2003-0012,
thereby approving the abandonment of a portion of Encino
Road subject to findings and conditions; and, adopt draft
Resolution C approving Tentative Tract Map 2003-0029,
thereby approving a six lot subdivision tract that would adjust
six existing Colony lots of record consistent with Road
Abandonment 2003-0012, subject to findings and conditions
including Access Option No. 8, payment into the tree
mitigation fund and no use of gates.
Motion failed 2:3 by a roll-call vote. (O'Malley, Scalise, Clay
opposed)
MOTION: By Council member Scalise and seconded by Council Member
O'Malley to adopt draft Resolution A, certifying Proposed
Mitigated Negative Declaration 2003-0044; and, adopt draft
Resolution B, approving Road Abandonment 2003-0012,
thereby approving the abandonment of a portion of Encino
Road subject to findings and conditions; and, adopt draft
Resolution C approving Tentative Tract Map 2003-0029,
thereby approving a six lot subdivision tract that would adjust
six existing Colony lots of record consistent with Road
Abandonment 2003-0012, subject to findings and conditions
and enabling the applicant to take the $18,000 in-lieu fees and
exchange that for a forest preserve as indicated on the
exhibit.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Resolution No. 2003-068, Resolutions No. 2003-069 and 2003-
070)
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3. Appeal of the Planning Commission's Decision to Deny Tree
Removal Permit 2003-0039 - Appeal 2003-0002 (8270 Toloso Road -
Messer/Tonneson)
■ Fiscal impact: None.
■ Staff recommendation: Council uphold the Planning Commission's
denial of Tree Removal Permit 2003-0039 for the removal of nineteen
(19) native trees for the construction of a single-family residence.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Mike Messer, applicant, stated that he has one legal lot and is trying to build an average
size house that fits the lot and does not impact the view. He has considered many
alternatives, made practical design changes and worked with staff to address their
concerns. Mr. Messer answered questions of Council.
PUBLIC COMMENT
Gaylen Little, Toloso Road resident, urged the Council to require a house designed with
a step foundation to conform to the lot.
Tom Parks, Toloso Road resident, stated the applicant should be required to build a
home that fits the lot, not redesign the lot to fit the home.
Robert Johnson, neighbor of this proposal, expressed concern that approval of the
applicant's plan would set a poor design precedent for this neighborhood.
Clement Salvadore, Toloso Road resident, stated the house proposed is inappropriate
for the lot.
Diane Johnson, neighbor to proposal, expressed concern with allowing this proposal to
be built, as it will set a precedent.
Ken Friend, Toloso Road resident, stated he agrees with his neighbors and would like to
save as many oak trees as possible.
Ron Cappel, Castenada Lane resident, stated he supports his neighbors and opposes
this proposal.
Mayor Clay closed the Public Comment period.
Mayor Pro Tem Luna expressed his support for the Planning Commission denial.
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Council Member O'Malley indicated that he was reluctant to encourage appeals of staff
and Planning Commission decisions and feels the design for the site could be improved.
He supports the use of stem walls.
Council Member Scalise expressed concern that there were no set guidelines in place
for this type of project.
MOTION: By Council Member Scalise to grant the appeal.
Motion failed for lack of a second.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to uphold the Planning Commission's denial of Tree
Removal Permit 2003-0039 for the removal of 19 native trees
for the construction of a single family residence.
Motion failed 2:3 by a roll-call vote. (O'Malley, Scalise, Clay
opposed)
Mike Messer asked the Council to be as specific as possible on what they would be
looking for in this project. He stated that it would be too costly to build a home with
stem walls and that this house plan fits in as close as possible to the building pad. Mr.
Messer indicated that he would be in favor of going back to staff to adjust his plan.
MOTION: By Council Member Scalise to direct Mr. Messer to come back with
a plan that saves the two 24-inch trees indicated in the yellow box
on the exhibit and that would be placed on the January 13th
agenda.
Motion failed for lack of a second.
Mike Messer made suggestions for saving specific trees on the site.
PUBLIC COMMENT
Gaylen Little asked the Council to require a raised foundation to minimize grading.
MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to
continue the hearing past 11:00 p.m.
Motion passed 4:1 by a roll-call vote. (Scalise opposed)
Joan O'Keefe asked if construction activity necessitated by the use of stem walls would
impact the trees to the degree that their survival would be in question.
Mayor Clay closed the Public Comment period.
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MOTION: By Mayor Clay and seconded by Council Member Scalise to
grant the appeal with the recommendation of saving the nine
trees as agreed by the applicant and request the applicant
work with an arborist to insure these trees will not be impacted
and that the applicant do his best to save any other trees he
can on this lot.
Motion failed 2:3 by a roll-call vote.
(Pacas, O'Malley, Luna opposed)
Council Member O'Malley stated that he prefers to see a different project, though he is
reluctant to require it. He would like the applicant to bring back a project that mitigates
the problems outlined, and this would be the applicant's last chance to do so.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
continue this item and direct the applicant to bring back the
project with arborists' reports and work on it with staff
bringing it back for Council to consider.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
4. Summary Vacation of an Unimproved Portion of San Gabriel Road
Colony Right-of-Way & Acceptance of Final Map 2003-0060 - Parcel
Map ATAL 01-344 (LLA 2001-0032)10051 Santa Lucia Road
(Wright/Wilson)
■ Fiscal impact: None.
■ Planning Commission recommendation: Council:
1. Summarily vacate a portion of San Gabriel Road colony right-of-
way; and,
2. Adjust a lot line along a portion of San Gabriel Road colony right-of-
way.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0060 (Parcel Map ATAL 01-344); and,
2. Reject offer of dedication for public street and utility purposes
without prejudice to future acceptance; and,
3. Authorize City Manager to sign Grant of Easement to Southern
California Gas Company within the new right-of-way. [Public Works]
This item was continued.
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C. MANAGEMENT REPORTS:
1. Supporting a Statewide Ballot Initiative to Require Voter Approval
before State Government may take Local Tax Funds
• Fiscal impact: No direct fiscal impact.
■ Staff recommendation: City Council:
1. Adopt draft Resolution supporting a November 2004 statewide ballot
initiative that would require voter approval before California State
government officials seize local tax funds for statewide use; and,
2. Adopt draft Resolution establishing a Voluntary Payroll Deduction
Program. [City Manager]
City Manager McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT— None
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to adopt draft Resolution supporting a November
2004 statewide ballot initiative that would require voter
approval before California State government officials seize
local tax funds for statewide use; and, adopt draft Resolution
establishing a Voluntary Payroll Deduction Program.
Motion passed 5.0 by a roll-call vote.
(Resolutions No. 2003-071 and 2003-072)
D. COMMITTEE & LIAISON REPORTS:
Mayor Pro Tem Luna
1. Integrated Waste Management Authority (IWMA): IWMA has attempted to
become the local enforcement agency for the IWMA, however, due to
statewide red tape they have decided to abandon the issue, so the LEA
reverts to the County who is considering abandoning it to the State.
Council Member O'Malley
1. Air Pollution Control District (APCD): A chipper has been approved for
Atascadero as well as maintenance tools and parts.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Council Member O'Malley asked again for consideration of policies for tough
building sites at the next strategic planning session. There was Council
consensus to consider this item at the Strategic Planning Session.
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 11:30 p.m. to the next regularly scheduled
meeting on December 9, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C., Cily Clerk
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