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HomeMy WebLinkAboutMinutes 011304 Approved February 10,2004 CITY OF ATASCA DERO n f;i NOR CITY COUNCIL MINUTES TUESDAY, JANUARY 13, 2004 7:00 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION - None 2. Call to Order CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision a of Government Code Section 54956.9) Creekside Parcel Associates et al v City of Atascadero et al, San Luis Obispo Superior Court Case Number CV 020192 Council Member O'Malley announced that he would step down on this issue due to a conflict of interest. 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced that there was no reportable action. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and Council Member O'Malley led the Pledge of Allegiance. CC Minutes 01/13/04 Page 1 of 8 ROLL CALL: Present: Council Members Pacas, O'Malley, Clay, Scalise and Mayor Luna 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, Deputy Community Services Director Geoff English, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. INTRODUCTIONS: City Manager Wade McKinney introduced Janine Judy, new Administrative Secretary in the City Manager's office. COMMUNITY FORUM: John Davis, Pastor of Christ Chapel, led those present in a prayer. Joanne Main, Atascadero Chamber of Commerce, thanked City Staff, Police and Fire Departments for doing a good job in taking care of the community following the San Simeon earthquake. She stated that on Thursday, January 22 from 7 to 9:00 p.m. in the Atascadero Lake Pavilion, the Chamber would be hosting a tax relief symposium given by Central Coast Enrolled Agents. Eric Greening stated he is thankful that more people were not lost as a result of the earthquake and thanked the Mayor, Council and staff for going beyond the call of duty. He asked to what extent staff has analyzed the Governor's proposed budget and whether lobbying efforts might be necessary. Dave Mayfield, representative of SLO County Mental Health, extended his agency's sympathy for the loss of life and damage as a result of the earthquake. Mr. Mayfield explained the services offered by his agency to those experiencing difficulty in dealing with the trauma of the earthquake. Warren Miller explained to the Council the problem in his neighborhood concerning a motorcycle track on private property. Mr. Miller stated that several neighbors are unhappy with this activity and would like the Council to address this issue on a future agenda. CC Draft Minutes 01/13/04 Page 2 of 8 Mayor Pro Tem Scalise suggested forming an ad hoc committee to review this issue, as it is a citywide problem. Jim Griffin spoke about the same problem as Mr. Miller. He stated that he understands that the motorcycle owner has rights, but he also knows that the neighbors have rights also. Mr. Griffin explained that not only is this activity noisy, but it causes a dust and erosion problem for the neighborhood. Vernon West stated his property is adjacent to the property mentioned by his neighbors tonight. This motorcycle track impacts himself and his wife, who has a problem with asthma, in that they are unable to use their patio, living room or lawn area due to the track's disruptive nature. Mayor Luna closed the Community Forum period. There was Council discussion on the motorcycle track issue. There was Council consensus to have this item on the February 10th Council agenda. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O'Malley to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Scalise announced that she would be stepping down on the 4th recommendation on the Atascadero Road Program report. Mayor Luna gave a State of the City address in which he stated how proud he was of the people of Atascadero and how they truly rose to the occasion after the earthquake and put our community first. He stated that the City Council is prepared to deal with the upcoming budget problems facing Atascadero as a result of the State taking more and more of our tax money to solve their financial problems. Council Member Clay empathized with Paso Robles and their losses from the recent earthquake. He also commended Atascadero City staff on their efforts to reestablish City operations following the San Simeon earthquake. Council Member O'Malley requests Council reconsideration of: 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) CC Draft Minutes 01/13/04 Page 3 of 8 Mayor Luna explained to the audience the rules of reconsideration as listed in the Atascadero Municipal Code. Council Member O'Malley explained that tonight he is asking the Council to only re- consider hearing this issue on a future agenda. PUBLIC COMMENT Eric Greening asked for clarification of what issues would be discussed at this future hearing. Dan Higgenbothum expressed his concern with the number of houses going in on this project, landscaping and with re-opening this issue. Randy Lawrence stated he would not be able to attend the next meeting where this issue will be heard, so he expressed his concerns with this project. Ron Schmelzer stated he has similar concerns as the previous speaker, including traffic and road safety impacts. Mayor Luna closed the Public Comment period. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O'Malley to bring this item back to the Council for reconsideration. City Attorney Hanley advised that Council Member O'Malley should make the motion for this item. MOTION: By Council Member O'Malley and seconded by Council Member Clay to have this item reconsidered by the Council Motion passed 3.2 by a roll-call vote. (Pacas, Luna opposed) A. CONSENT CALENDAR: 1. City Council Meeting Minutes— November 25, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of the meeting of November 25, 2003. [City Clerk] 2. November Disbursements — November 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,246,258.35. ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for November 2003. [Administrative Services] CC Draft Minutes 01/13/04 Page 4 of 8 3. City Treasurer's Report— September 2003 ■ Fiscal impact: None. ■ City Treasurer recommendation: City Council approve the City Treasurer's report for September 2003. [City Treasurer] 4. Zone Change 2003-0069 — 805 EI 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. ■ Staff recommendation: Council adopt on second reading by title only Draft Ordinance A, approving Zone Change 2003-0069. [Community Development] MOTION: By Council Member Clay and seconded by Council Member O'Malley to approve Items #A-1 through 4. Motion passed 5.0 by a roll-call vote. (Item #A-4 Ordinance No. 435) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Atascadero Road Program ■ Fiscal impact: $91,000 for Atascadero Road Program distributed among projects as follows: Paving $40,000, Cold Mix Program $1 ,000, and Assessment District Engineering $50,000 (all included in 2003-05 budget) ■ Staff recommendation: City Council: 1. Receive an updated report on the Atascadero Road Program. 2. Receive report on Cold Mix Project. 3. Receive the Local Road Priority List and 2004 Spring Local Road paving project. 4. Direct Staff to continue the formal process of the Assessment District formation process. [Public Works] Mayor Pro Tem Scalise announced that she would be stepping down on Recommendation #4. Public Works Director Steve Kahn gave the staff report on the first three staff recommendations, and answered questions of Council CC Draft Minutes 01/13/04 Page 5 of 8 PUBLIC COMMENT Eric Greening asked if drainage system damage from the earthquake has been assessed. Mr. Kahn responded, yes, and there has been no damage assessed at this time. FEMA allows that if damage is discovered at a later time, it can still be reported and assistance for repairs would be available. Mayor Luna closed the Public Comment period. Mayor Luna recessed the hearing at 8.20 p.m. Mayor Luna called the meeting back to order at 8:30 p.m. Mayor Pro Tem Scalise left the room for the discussion on Recommendation #4. Public Works Director Steve Kahn gave the staff report on the fourth staff recommendation, and answered questions of Council. PUBLIC COMMENT Richard Maynard stated that his street, Cortina Avenue, has been omitted from the list, even though residents have submitted a petition and gone through the process. Public Works Director Kahn stated that he does have their petition; this street is on the list and is part of the 650. Mayor Luna closed the Public Comment period. MOTION: By Council Member Pacas and seconded by Council Member Clay that staff continue the formal process of the Assessment District formation process. Motion passed 4:0 by a roll-call vote. Mayor Pro Tem Scalise rejoined the hearing. 2. Earthquake Status Update a. Oral Report — City Manager City Manager Wade McKinney gave an oral update to the Council concerning the earthquake, the damage to City Hall, and the creation of the City Hall Annex. Additionally Mr. McKinney spoke about the following: • $65 million estimate of damage in Atascadero ■ Explanation of FEMA assistance • Disaster Assistance Centers • Steps that are being taken to repair City Hall • Severe damage to the Printery, which has been red tagged CC Draft Minutes 01/13/04 Page 6 of 8 There was Council consensus to request a fixed Disaster Assistance Center for Atascadero. PUBLIC COMMENT Eric Greening commented that the County Board of Supervisors would be asking for four Disaster Assistance Centers for the county. He asked several questions regarding the aftermath of the earthquake in Atascadero. Mayor Luna closed the Public Comment period. b. Emergency Resolutions City Attorney recommendation: City Council approve the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the Mayor to execute it. [City Attorney] City Attorney Roy Hanley commented on the recommendation for continuing the state of emergency. MOTION: By Council Member O'Malley and seconded by Council Member Clay to approve the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the Mayor to execute it. Motion passed 5:0 by a roll-call vote. (Resolution No. 2004-001) E. COMMITTEE & LIAISON REPORTS: Council Member O'Malley 1. Air Pollution Control District (APCD): The APCD worked with City staff and is allowing rebuilding of chimneys. 2. League of California Cities - Grassroots Network: Council Member O'Malley has been appointed to the Community Services Policy Committee. There will be an all day meeting on Friday devoted to the State budget. 3. Economic Vitality Corporation, Board of Directors (EVC): The EVC has worked with local businesses to help them with planning and funding/loans. CC Draft Minutes 01/13/04 Page 7 of 8 F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk City Clerk Marcia Torgerson announced that the terms of two Planning Commissioners would be expiring next month. Council Members Clay and O'Malley will be making these appointments. G. ADJOURNMENT: Mayor Luna adjourned the meeting at 10:15 p.m. to the next regularly scheduled meeting on January 27, 2004. MEETING RECORDED AND MINUTES PREPARED BY: YX,Vm,L-, M( U4v, l Marcia McClure To Berson, C.M.C., City CI rk CC Draft Minutes 01/13/04 Page 8 of 8