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HomeMy WebLinkAboutMinutes 112503 Approved January 13,2004 !s 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. CC Draft Minutes 11/25/03 Page 1 of 14 Approved January 13,2004 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.) CC Draft Minutes 11/25/03 Page 2 of 14 Approved January 13,2004 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] CC Draft Minutes 11/25/03 Page 3 of 14 Approved January 13,2004 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] CC Draft Minutes 11/25/03 Page 4 of 14 Approved January 13,2004 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] CC Draft Minutes 11/25/03 Page 5 of 14 Approved January 13,2004 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. CC Draft Minutes 11/25/03 Page 6 of 14 Approved January 13,2004 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) CC Draft Minutes 11/25/03 Page 7 of 14 Approved January 13,2004 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. CC Draft Minutes 11/25/03 Page 8 of 14 Approved January 13,2004 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) CC Draft Minutes 11/25/03 Page 9 of 14 Approved January 13,2004 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. CC Draft Minutes 11/25/03 Page 10 of 14 Approved January 13,2004 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. CC Draft Minutes 11/25/03 Page 11 of 14 Approved January 13,2004 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. CC Draft Minutes 11/25/03 Page 12 of 14 Approved January 13,2004 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. CC Draft Minutes 11/25/03 Page 13 of 14 Approved January 13,2004 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 CC Draft Minutes 11/25/03 Page 14 of 14