HomeMy WebLinkAboutMinutes 120903 Approved January 27,2004
n CITY OF ATASCADERO
11918 , 1 8
CITY COUNCIL
MINUTES
TUESDAY, DECEMBER 09, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Clay called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members, Pacas, O'Malley, Scalise, Luna and Chairperson
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, Information Technology Director Andrew Fruin,
Planning Services Manager Steve McHarris, Associate Planner
Kelly Gleason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone
and City Attorney Roy Hanley.
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COMMUNITY FORUM:
Pastor Haines, True Spirit Missionary Baptist Church, led those present in prayer.
Matt Scroggins, President Atascadero Youth Football League, introduced two
intermediate division coaches who spoke about the game and presented the Mayor's
Cup Trophy to Mayor Clay.
Eric Greening stated he is looking forward to the Council electing George Luna as
Mayor tonight. He also expressed his concern with the reduction of the Vehicle License
Fee and the lack of a backfill for those funds.
Rick Mathews, President of the Atascadero Native Tree Association (ANTA), gave each
member of the Council a 2004 Woodlands and Watersheds Community Calendar, a
joint venture between ANTA and the Groundwater Guardian Program.
Susan Schroll, 4000 Carrizo Road, Harold Lyons of the Bicycle Advisory Committee of
San Luis Obispo County, and Chase Williams, all representing the National Bicycle
League (BMX group) in Santa Margarita, informed Council that they were very excited
about getting bicycle motor cross into Atascadero.
Mayor Clay closed the Community Forum Period.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Board Member
O'Malley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
CITY COUNCIL REORGANIZATION:
Mayor Clay spoke about how special the past year as Mayor has been to him and
thanked his fellow Council Members for the opportunity to serve.
1. Council Appointment of Mayor — The City Clerk will accept nominations from
the Council Members
NOMINATION: By Council Member O'Malley and seconded by Mayor
Clay of Mayor Pro Tem Luna to the position of Mayor.
Motion passed 5.0 by a roll-call vote.
Mayor Luna thanked Council Member Clay for his service as Mayor and stated he has
done an excellent job.
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2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
NOMINATION: By Council Member Clay and seconded by Council
Member O'Malley of Council Member Scalise to the
position of Mayor Pro Tem.
Motion passed 5:0 by a roll-call vote.
Mayor Pro Tem Scalise thanked the Council for the opportunity to serve as Mayor Pro
Tem and spoke about her hopes for the coming year.
Mayor Luna thanked his fellow Council Members for agreeing to the process that
resulted in his selection as Mayor and especially thanked those who have supported
him through his 15 years of political life. Mayor Luna spoke about the coming year and
the challenges the City will face.
Mayor Luna recessed the hearing at 7:30 p.m.
Mayor Luna called the meeting back to order at 7:45 p.m.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay announced Tom O'Malley was elected as the Chairperson of the
Community Redevelopment Agency, and Becky Pacas was elected as the Vice
Chairperson.
Mayor Pro Tem Scalise announced that she has appointed Carmelita Castaneda to the
Parks & Recreation Commission.
Mayor Luna announced he would be holding regular office hours on Wednesday's from
2:00 to 4:00 p.m. in Room 209 of City Hall.
A. CONSENT CALENDAR:
1. Joint City Council / Planning Commission Meeting Minutes —
November 13, 2003
■ City Clerk recommendation: City Council approve the Joint City
Council / Planning Commission minutes of the meeting of November
13, 2003. [City Clerk]
CC Minutes 12/09/03
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2. Joint City Council / Planning Commission / Parks & Recreation
Commission Meeting Minutes — November 19, 2003
■ City Clerk recommendation: City Council approve the Joint City
Council / Planning Commission / Parks & Recreation Commission
minutes of the meeting of November 19, 2003. [City Clerk]
3. Memorandum of Understanding for Mid Management/Professional
Employees
■ Fiscal Impact: The costs for the proposal are contained within the
Annual Operating Budget. Total increased cost is approximately 3% of
salary for this fiscal year.
■ Staff recommendations: Council:
1. Approve Memorandum of Understanding between Mid
Management / Professional Employees and the City of
Atascadero for fiscal years July 1, 2003 to June 30, 2005; and,
2. Adopt draft Resolution, for Paying and Reporting the Value of
Employer Paid Member Contributions (EPMC) for Mid
Management/Professional Employees. [City Manager]
Eric Greening pulled Item #A-1.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Items #A-2 and #A-3.
Motion passed 5;0 by a roll-call vote. (Item #A-3 Contract No.
2003-039 and Resolution No. 2003-073)
Item #A-1: Eric Greening reminded Council that they had given directions that
attachments of Council minutes would be available in the Library. He stated that
attachments A and B were not available in the Library.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Item #A-1.
Motion passed 5.0 by a voice vote.
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B. PUBLIC HEARINGS:
1. Single Family Planned Development Zone Change 2003-0048 - Master
Plan of Development (CUP 2003-0098) Vesting Tentative Tract Map
2003-0032 4900 Obispo Road, APN 049-102-055 (Shores)
■ 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 uses.
■ Planning Commission recommendations: Council:
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2003-
0045; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0048 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0098) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0032, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
Planning Services Manager Steve McHarris gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, applicant's representative, explained the
project to the Council and stated he supports the conditions that are being required by
staff with the exception of the sewer hookup route.
Eric Greening expressed his concerns with this project.
Dorothy Smith asked if these homes would have modern conservation devices such as
solar panels, etc.
Dan Higginbotham stated that this project is not compatible with the surrounding
properties.
Ron Schmelzer said that he disagrees with this project. He feels there are too many
houses proposed.
Mike Lewis agreed with the two previous speakers that this proposal is uncharacteristic
for the neighborhood.
Russ Thompson answered the questions asked by the public and the Council.
Mike Lewis commented on drainage issues for this site.
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Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt Resolution A, certifying Mitigated Negative
Declaration 2003-0045; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2003-0048
based on findings; and, adopt draft Resolution B approving
the Master Plan of Development (CUP 2003-0098) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring, including an engineering review of drainage on Lot
#1; and, adopt draft Resolution C approving Vesting Tentative
Tract Map 2003-0032, based on findings and subject to
Conditions of Approval and Mitigation Monitoring.
Motion failed 2:3 by a roll-call vote. (Pacas, O'Malley, Luna
opposed)
Council Member Pacas referred to the project benefits listed and stated that this project
benefits the developer and not the community.
Mayor Luna indicated he could not make the finding for project benefit necessary for a"
Planned Development. He would like to see this project go back to staff for a redesign
to create a buffer with the suburban estates zoning on the east.
Council Member O'Malley stated he would be more comfortable if Lot #1 were
eliminated and combined with Lot #2 to create a buffer. He would also like to see the
specific benefits that differentiate the proposals in the future.
There was Council discussion regarding density on this project.
PUBLIC COMMENT
Russ Thompson commented that what Council is proposing exceeds what the zoning
requires (1/2 acre lots). Mr. Thompson requested a brief recess to discuss with the
applicant the Council's proposal of combining Lots #1 and 2.
Mayor Luna recessed the hearing at 8:48 p.m.
Mayor Luna called the meeting back to order at 8:53 p.m.
Russ Thompson stated that the applicant is very disappointed with Council's position
after months of working on this project and meeting the standards as set forth by
Council, and they are not in favor of reducing the number of lots requested. They are
asking for Council approval of the project as proposed.
Mike Lewis expressed his support for the combination of lots 1 & 2.
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Joan O'Keefe asked if there could be a PD with five units.
Mayor Luna closed the Public Comment period.
Mayor Pro Tem Scalise reminded Council that the PD process is a viable solution to
creating smaller lots and increasing the available affordable housing in Atascadero.
MOTION: By Council Member Pacas and seconded by Mayor Luna to
return the project to the Planning Commission for them to
consider the items Council feels should be addressed: 1) the
buffering into the lower density areas, 2) the drainage issue,
and 3) the honest project benefit to the City.
Motion passed 3:2 by a roll-call vote. (Clay, Scalise opposed)
2. Zone Change 2003-0069 - Conditional Use Permit 2002-0072 Vesting
Tentative Tract Map 2002-0020 (Tract 2498), 805 El Camino Real,
(Kelly Gearhart/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 uses.
The project is conditioned to participate in an assessment district to
fund maintenance and emergency service costs. This condition is
expected to minimize the project's fiscal impact on the City.
■ Planning Commission recommendations: Council:
1. Adopt draft Resolution A, certifying the proposed Mitigated
Negative Declaration 2003-0054; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0069; and,
3. Adopt draft Resolution B approving Conditional Use Permit 2002-
0072 for the Master Plan of Development subject to findings and
conditions of approval; and,
4. Adopt draft Resolution C approving Tentative Tract Map 2002-
0020, subject to findings and conditions of approval. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Kelly Gearhart, applicant, asked for Council support of his project.
Jim Patterson stated that he would like to see the primary trail stay up on top of the
riverbank rather than down into the river channel as proposed.
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Myra Douglass expressed her concerns with the impacts of this project on the existing
Anza trail.
Maria Carroll stated her concerns with the impacts of this project on the Anza Trail.
Bill Obermayer, Atascadero Horsemen, explained to the Council his concerns with the
potential impacts of this project on the Anza Trail. He thanked Mr. Gearhart for
including the trail in his project and asked the Council to make sure to protect the Trail
for future use by the community.
Marisa Todd stated her opinion that Corridor No. 2 is the most safe and effective way to
preserve the Anza Trail.
Eric Greening distributed a map to Council and discussed what areas could be
inundated if the City of San Luis Obispo adds 19 feet to the height of the Salinas Dam
and that dam failed. (Exhibit A) Mr. Greening discussed fencing and location of the trail
above the riverbed.
Nancy Lynch, Santa Margarita BMX, asked for the opportunity to participate in the
planning of the recreational aspect of this development.
David Williams expressed his support for Nancy Lynch's request.
Harry Lyons, member of the Bicycle Advisory Committee of San Luis Obispo County,
added his support to Nancy Lynch's request.
Dale Gustin, volunteer on the Anza Trail, stated that there were a large group of the
volunteers present to lend their support to maintaining the Trail.
Kelly Gearhart addressed the issues raised by previous speakers. Mr. Gearhart
answered questions of Council.
Leanne Brown commended Mr. Gearhart for including the trail in his project.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to Adopt draft Resolution A, certifying the proposed
Mitigated Negative Declaration 2003-0054; and, introduce for
first reading, by title only, draft Ordinance A approving Zone
Change 2003-0069; and, adopt draft Resolution B approving
Conditional Use Permit 2002-0072 for the Master Plan of
Development subject to findings and conditions of approval;
and, adopt draft Resolution C approving Tentative Tract Map
2002-0020, subject to findings and conditions of approval,
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including Alternative #4 on page 110 of the staff report, and
Trail No. 2 with 12 feet and double fencing. Staff to coordinate
with Bill Obermayer (Atascadero Horseman's Association)
and Myra Douglass (Anza Trail) regarding trail location and
length of fencing.
Motion passed 5.0 by a roll-call vote. (Resolutions No. 2003-
074, 2003-075, 2003-076)
Mayor Luna recessed the hearing at 10:30 p.m.
Mayor Luna called the meeting back to order at 10:40 p.m.
3. Single Family Planned Development Zone Change 2002-0036 - Master
Plan of Development (CUP 2003-0087) Vesting Tentative Tract Map
2003-0043 - 7755 Navajoa Ave (Huckobey, Emrich)
■ 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 uses.
■ Planning Commission recommendations: Council:
1. Adopt Resolution A certifying Mitigated Negative Declaration 2003-
0051; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0036 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0087) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0043 based on findings and subject to Conditions of Approval
and Mitigation Monitoring. [Community Development]
Planning Services Manager Steve McHarris gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, applicant's representative, discussed the
project and how it provides for affordable housing and meets City requirements. Mr.
Thompson answered questions of Council.
Cory Meyer expressed his concerns about the proposed project, including the impacts
of increased parking and drainage in the area.
Rob Lees stated he is also concerned with the drainage problems, which will be
worsened by this development.
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Russ Thompson addressed the issue of water flow on Navajoa Avenue.
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
go past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas, Scalise
opposed)
Cory Meyer referred to the type of soil in the area, which is clay, and suggested the
Council look at the results of perk tests.
Mayor Luna closed the Public Comment period.
Public Works Director Kahn suggested that based on the testimony received this
evening it might be better to continue this item, visit the site with staff, and look at the
regional impacts of the drainage.
MOTION: By Mayor Luna and seconded by Council Member Pacas to
continue Item #13-3 to January 13, 2004.
Motion passed 5:0 by a roll-call vote.
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 recommendations: 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 recommendations: 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]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT— None
MOTION: By Mayor Luna to accept the staff recommendation.
Motion failed for lack of a second.
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MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to summarily vacate a portion of San Gabriel Road colony
right-of-way; and adjust a lot line along a portion of San
Gabriel Road colony right-of-way; and, Accept Final Map 2003-
0060; and, reject offer of dedication for public street and utility
purposes without prejudice to future acceptance; and,
authorize Mayor to sign Grant of Easement to Southern
California Gas Company within the new right-of-way.
Motion passed 3:2 by a roll -call vote. (Pacas, Luna opposed)
5. Wastewater Master Plan and Municipal Code Amendments
■ Fiscal impact: Minor. If staff had a practical way of determining when a
property transfers ownership, additional connection fees could be
received from properties with private septic sewer when they
transferred ownership if sewer was available.
■ Staff recommendations: Council:
1. Receive the Wastewater Collection System Master Plan; and,
2. Introduce for first reading, by title only, the draft Ordinance,
amending Title 7 Chapters 1 through 13 of the Atascadero Municipal
Code pertaining to Wastewater. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT — None
MOTION: By Council Member Clay and seconded by Mayor Luna to
receive the Wastewater Collection System Master Plan.
Motion passed 5:0 by a roll -call vote.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to continue Item #13-5, 2. to the next Council
meeting.
Motion passed 4:1 by a voice vote. (Luna opposed)
C. MANAGEMENT REPORTS:
1. Dove Creek Study Session Comments
Staff will collect any Council written comments related to the Dove Creek
Study Session held on November 19, 2003.
Community Development Director Warren Frace asked Council to provide their
comments on the Dove Creek Study Session to the City Clerk.
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D. CITY ATTORNEY REPORTS
1. Addendum to Employment Agreement With City Attorney
■ Fiscal impact: $3,600.00 per year
■ City Attorney recommendation: City Council authorize the Mayor to
execute the attached Addendum to the Employment Agreement with
City Attorney Roy A. Hanley. [City Attorney]
City Attorney Roy Hanley made himself available for questions from Council.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to authorize the Mayor to execute the attached
Addendum to the Employment Agreement with City Attorney
Roy A. Hanley.
Motion passed 5.0 by a roll -call vote.
E. COMMITTEE & LIAISON REPORTS:
Mayor Luna announced that it was his intention to leave committee assignments as they
are currently allotted. If any Council Member wishes to change their assignment, they
must notify Mayor Luna in writing.
Council Member Clay
1. County Mayor's Round Table: Paso Robles City Manager Jim App gave a
presentation whereby the City would receive more monies from either sales
tax or property tax when property is annexed. There was discussion and
consensus to go cautiously as the City could end up in a worse situation than
before. Additionally Mr. App spoke about the Library Tax and Paso Robles'
opposition to it. The feeling from all the mayors was that this was a bad time
to put a quarter percent sales tax for libraries only with the possibility that a
shortfall could occur with police and fire.
Mayor Pro Tem Luna
1. Finance Committee: CDBG funds were discussed along with the Homeless
Shelter strategy. The recommendations were designed so that if the
Homeless Shelter is a go, the monies for ECHO and EOC money would be
collected from them (approximately $25,000), which would be Atascadero's
share of the operating costs of the Shelter.
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Mayor Pro Tem Scalise
1. Atascadero State Hospital Advisory Board: Staff has worked hard to
establish a dialogue with the State Hospital and contacts were made about
adding on to Paloma Park.
2. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): Will have handouts for Council soon.
Council Member O'Malley
1. Economic Vitality Corporation, Board of Directors (EVC): Will be having their
annual Christmas Party from 4:00 to 6:00 P.M. Wednesday, December 17th
and Council is invited.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
City Clerk Torgerson asked for responses from Council for their attendance at
the City Christmas party.
G. ADJOURNMENT:
Mayor Luna adjourned the meeting at 12:07 a.m. to the next regularly scheduled
meeting on January 13, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C., City'llerk
The following Exhibit is available for review in the City Clerk's office.
Exhibit A — Eric Greening, inundation map
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