HomeMy WebLinkAboutMinutes 012704 Approved on March 9,2004
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9 CITY OFATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, JANUARY 27, 2004
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna 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, 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,
Planning Services Manager Steve McHarris, Associate Planner
Kelly Gleason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone
and City Attorney Roy Hanley.
COMMUNITY FORUM:
John Davis, Pastor of Christ Chapel, led the meeting in prayer.
Mayor Luna closed the Community Forum period.
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APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley referred to the "Pavilion on the Lake" brochure and
commended staff for their efforts in putting the brochure together. Additionally, he
spoke about the ease of making a FEMA claim and encouraged anyone with
earthquake damage to call the agency.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — December 9, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of December 9, 2003. [City Clerk]
2. City Council Special Meeting Minutes — December 24, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of December 24, 2003. [City Clerk]
3. City Council Special Meeting Minutes January 8, 2004
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of January 8, 2004. [City Clerk]
4. City Treasurer's Report— October 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for October 2003. [City Treasurer]
5. City Treasurer's Report— November 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for November 2003. [City Treasurer]
6. Acceptance of Final Map 2003-0062 - Parcel Map AT 02-0373 (TPM
2003-0062) 3955 Monterey Road (Kuden /Westland Engineering)
■ Fiscal impact: None
■ Staff recommendations: Council:
1. Accept Final Map 2003-0062 (Parcel Map AT 02-0373); and,
2. Reject offers of dedication for public utility easement without
prejudice to future acceptance. [Public Works]
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Approved on March 9,2004
7. Disadvantaged Business Enterprise Goal
■ Fiscal impact: Staff time to monitor DBE program.
■ Staff recommendation: Council adopt Disadvantaged Business
Enterprise (DBE) participation goal. [Public Works]
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Items #A-1 through 7.
Motion passed 5;0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. Reconsideration of 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 with Public Works Director Steve Kahn
gave the staff report and answered questions of Council.
PUBLIC COMMENT
Russ Thompson, representative of Applicant, stated that he feels since the last meeting
where this project was discussed, they have mitigated all the concerns of the Council.
He distributed to the Council a supplement tree condition report for this project. (Exhibit
A)
Council Member O'Malley reviewed Mr. Thompson's comments and clarified specific
points.
Mike Lewis expressed his concerns with the approval of this project.
Council Member Pacas pointed out that the property in question was not re-zoned with
the adjacent properties with the revised General Plan.
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Walt Lewis, Mike Lewis' father and the original owner of the property being discussed,
explained the actions that were taken during the sale of this property to Mr. Shores.
Eric Greening asked for clarification on specific portions of the staff report on this
project.
Casey Patterson, landscape architect, stated that there would be 80% screening within
3 years. The self-maintaining native plantings should reach 100% screening by 7 years.
He offered to answer any questions of the Council.
Randy Lawrence stated his concerns with the project; traffic impacts, the need for
Obispo Road to be widened, and density of this project compared to the surrounding
neighborhood.
Russ Thompson, representative for applicant, commented on issues brought up during
public comment.
Mayor Luna closed the Public Comment period.
Public Works Director Kahn stated that there have been no accidents recorded on
Obispo Road.
Police Chief Dennis Hegwood stated that the speed limit on a residential road is 25
MPH. The number of driveways per quarter mile determines the designation as
residential.
City Attorney Roy Hanley stated stop signs could not be installed unless warranted.
Additionally, this would increase liability for the City and could create a civil matter.
Council Member O'Malley asked for clarification on specific portions of this project.
Mayor L una d iscussed t he p ublic b enefit p ortion o f t his p roposal. H e s tated t hat h e
does not feel this proposal offers enough public benefit.
Council Member Pacas asked for clarification of the potential for future subdivisions of
the adjacent properties. She agreed with Mayor Luna regarding the lack of public
benefits from project.
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; 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 passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Resolutions No. 2004-002, 2004-003, 2004-004)
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2. 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: None
Staff recommendation: City Council continue this item. [Community
Development]
Mayor Luna asked if there were any public comment on this issue.
PUBLIC COMMENT— None
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to continue Item #13-2.
Motion passed 5:0 by a roll-call vote.
Mayor Luna recessed the hearing at 8:22 p.m.
Mayor Luna called the meeting back to order at 8:32 p.m.
3. Single Family Planned Development Zone Change 2003-0053 - Master
Plan of Development (CUP 2003-0102) - Vesting Tentative Tract Map
2003-0034 5785 San Jacinto Ave (Bennett)
■ 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-
0057; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0053 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0102) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0034 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
Rex Bennett, Applicant, explained his proposal and the additional costs involved to
move the telephone pole on the property.
Mayor Luna closed the Public Comment period.
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Mayor Pro Tem Scalise indicated she was not in favor of changing the in-lieu fee to 5%.
Council Member Pacas asked Mr. Bennett if he would agree to the 5% in-lieu fee. He
said yes.
MOTION: By Council Member Pacas and seconded by Council Member
O'Malley to adopt Resolution A certifying Mitigated Negative
Declaration 2003-0057; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2002-0053
based on findings; and, adopt draft Resolution B approving
the Master Plan of Development (CUP 2003-0102) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring and with a finding to approve a 10 foot front
setback for the existing residence and with the additional
condition as recommended by staff; and, adopt draft
Resolution C approving Vesting Tentative Tract Map 2003-0034
based on findings and subject to Conditions of Approval and
Mitigation Monitoring and changing the in-lieu fee from 2.5
percent to 5.0 percent.
Motion passed 5:0 by a roll-call vote. (Resolutions No. 2004-
005, 2004-006, 2006-007)
4. 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 recommendation: Council 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
Eric Greening suggested that the City notify the public about the pool draining violation
in water bills.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to 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.
Motion Passed 5:0 by a roll-call vote.
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C. MANAGEMENT REPORTS: None
D. ATTORNEY REPORTS:
1. Emergency Resolutions
■ Fiscal impact: Unknown
■ City Attorney recommendation: City Council:
1. Adopt 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; and,
2. Adopt the draft Resolution repealing Resolution No. 1998-014 and
updating the authorization of certain City representatives to execute
State Office of Emergency Services documents for certain financial
assistance.
City Attorney Roy Hanley gave the staff report.
PUBLIC COMMENT - None
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to adopt 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; and, adopt the draft
Resolution repealing Resolution No. 1998-014 and updating
the authorization of certain City representatives to execute
State Office of Emergency Services documents for certain
financial assistance.
Motion passed 5:0 by a roll-call vote. (Resolutions No. 2004-
008, 2004-009)
E. COMMITTEE & LIAISON REPORTS:
Mayor Pro Tem Scalise
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): Will be applying funds to several projects in Atascadero including
Highway 101/41.
Council Member O'Malley
1. Reported on a new committee assignment for the Atascadero performing arts.
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F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
City Clerk Marcia McClure Torgerson reported that Council Members Clay and
Pacas interviewed Kaci Pflum, the applicant for the Youth Representative to the
Parks and Recreation Commission, and approved her for the position. She also
gave a status report on the Planning Commission applications.
G. ADJOURNMENT:
Mayor Luna adjourned the meeting at 9:45 p.m. to the next regularly scheduled meeting
on February 10, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
YRAA,&�, MqJb1<- I -�UnJn, -
Marcia McClure Torgerson, C.M.C., Ci Clerk
The following Exhibits are available for review in the City Clerk's office.
Exhibit A — Supplemental Tree Condition Report from Alvarez & Tamagni, submitted by
Russ Thompson
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