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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. CC Draft Minutes 12/09/03 Page 1 of 13 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. CC Minutes 12/09/03 Page 2 of 13 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 Page 3 of 13 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. CC Minutes 12/09/03 Page 4 of 13 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. CC Minutes 12/09/03 Page 5 of 13 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. CC Minutes 12/09/03 Page 6 of 13 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. CC Minutes 12/09/03 Page 7 of 13 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, CC Minutes 12/09/03 Page 8 of 13 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. CC Minutes 12/09/03 Page 9 of 13 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. CC Minutes 12/09/03 Page 10 of 13 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. CC Minutes 12/09/03 Page 11 of 13 1 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. CC Minutes 12/09/03 Page 12 of 13 1 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 CC Minutes 12/09/03 Page 13 of 13