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HomeMy WebLinkAboutMinutes 012704 Approved on March 9,2004 n 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. CC Minutes 01/27/04 Page 1 of 8 Approved on March 9,2004 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] CC Minutes 01/27/04 Page 2 of 8 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. CC Minutes 01/27/04 Page 3 of 8 Approved on March 9,2004 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) CC Minutes 01/27/04 Page 4 of 8 Approved on March 9,2004 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. CC Minutes 01/27/04 Page 5 of 8 Approved on March 9,2004 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. CC Minutes 01/27/04 Page 6 of 8 Approved on March 9,2004 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. CC Minutes 01/27/04 Page 7 of 8 Approved on March 9,2004 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 CC Minutes 01/27/04 Page 8 of 8