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HomeMy WebLinkAboutMinutes 021004 Approved March 9,2004 60 CITY OF A TASCADERO CITY COUNCIL MINUTES TUESDAY, FEBRUARY 10, 2004 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Public Works Director Steve Kahn, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Associate Planner Kerry Margason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: Pastor Johnson, Paradise Ministries Garden Farms Bible Chapel, led those present in a prayer CC Minutes 02/10/04 Page 1 of 11 Approved March 9,2004 Calvin Ehinger explained to the Council his concern with the correction notice he received on the construction of a fireplace. He asked the Council to waive the requirement of testing the construction. Mayor Pro Tem Scalise suggested Mr. Ehinger call the City Manager tomorrow to resolve the issue. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation "Spay Day USA." Kayce Daniels accepted the proclamation and spoke on behalf of the North County Humane Society. She thanked the Council for recognizing the impact spay and neuter programs have had in the community. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley announced that he has appointed Tim Peterson to fill the vacancy on the Planning Commission. A. CONSENT CALENDAR: 1. City Council Meeting Minutes —January 13, 2004 ■ City Clerk recommendation: City Council approve the City Council minutes of the meeting of January 13, 2004. [City Clerk] 2. 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. ■ Staff recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2003-0048 based on findings. [Community Development] CC Minutes 02/10/04 Page 2 of 11 Approved March 9,2004 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. ■ Staff recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2002-0053 based on findings. [Community Development] 4. Wastewater Master Plan and Municipal Code Amendments ■ Fiscal impact: Minor, the majority of the changes are administrative in nature. ■ Staff recommendation: Council adopt on second reading by title only, the draft Ordinance amending Title 7, Chapters 1 through 13 of the Atascadero Municipal Code pertaining to Wastewater. [Public Works] Mayor Luna pulled Item #A-2. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Pacas to approve Items #A-1, 3 and 4. Motion passed 5:0 by a roll-call vote. (Item #A-3 Ordinance No. 437, Item #A-4 Ordinance No. 438) MOTION: By Council Member O'Malley and seconded by Council Member Clay to approve Item #A-2. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Ordinance No. 436) B. PUBLIC HEARINGS: 1. Toloso Tree Removal —Appeal of the Planning Commission's Decision to Deny Tree Removal Permit 2003-0039 (8270 Toloso Road: (Messer/Tonneson) ■ Fiscal impact: None ■ Staff recommendation: Council review the information submitted by the applicant for compliance with the Council's direction of November 25, 2003, and approve Tree Removal Permit 2003-0039 as revised by adopting Draft Resolution A. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council CC Minutes 02/10/04 Page 3 of 11 Approved March 9,2004 PUBLIC COMMENT Mike Messer, Applicant, answered questions of Council. Monique McTeer stated she supports this tree removal permit and the Applicant's right to construct a home on this site. Gaylan Little asked the Council to deny this appeal and require the Applicant to redesign the house. Clement Salvadore urged the Council to deny this appeal. Diane Johnson expressed her opposition to this proposal because of its impact on the trees. Mayor Luna closed the Public Comment period. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to grant the appeal and approve the TRP 2003-0039 and the C ouncil would m ake t he f inding o n N o. 5 f rom t he T ree Ordinance. Motion f ailed 2:3 b y a r oll-call vote. ( O'Malley, Pacas, L una opposed) MOTION: By Council Member O'Malley and seconded by Mayor Luna to uphold the P lanning C ommission's d enial of T RP 2 003-0039 a nd deny the appeal. Mayor Pro Tem Scalise asked for discussion with applicant prior to voting on the Motion. Council Member Pacas asked the applicant for clarification on the difference in the grading and stem wall use. Mr. Messer explained the changes he has made. MOTION: By Council Member O'Malley and seconded by Mayor Luna to uphold the Planning Commission's denial of TRP 2003-0039 and deny the appeal. Motion failed 2:2 by a roll-call vote. (Clay, Scalise opposed, Pacas abstained) MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to adopt the draft Resolution A, granting the appeal and approving TRP 2003-0039 with the inclusion of Finding No. 5 of the Tree Ordinance. Motion passed 3:2 by a roll-call vote. (O'Malley, Luna opposed) (Resolution No. 2004-010) CC Minutes 02/10/04 Page 4 of 11 Approved March 9,2004 2. Noise Reciulation - Discussion of Potential Regulation of On Premises Motorcycle Track Uses ■ Fiscal impact: None has been identified. ■ Staff recommendation: This item is on for discussion only. The City Council will not enact any ordinances nor adopt any resolutions as a result of this hearing. The City Council will give staff direction on the contents of any ordinance to be proposed to address the use of motorcycle tracks in residential zones in the City of Atascadero. (City Attorney) City Attorney Roy Hanley gave the staff report and answered questions of Council. PUBLIC COMMENT David Garcia stated he handles Code Enforcement in Santa Maria and is seeing this problem increasing throughout the County. He encouraged the Council to consider a resolution declaring this to be a public nuisance as defined by the California Civil Code. Sean Smith told the Council that regulation of this sport is not necessary. Richard Moen said he is in favor of some type of ordinance regulating this type of use on private p roperty. H e explained that he b elieves in property rights but f eels there needs to be some regulation to protect neighbors. Ray Wilcox stated he is not against motorcycles, but he feels there is a proper place for them and it is not in neighborhoods. Connie Baxter said she supports the use of motorcycles in neighborhoods. She expressed her worry that if the City regulates motorcycles it could set a precedent, and that horse riding could be next. Randy Stevenson explained that he owns a motorcycle track and has had no complaints. His property is adjacent to Atascadero Ford and he submitted a letter from them stating they have not experienced any negative impacts due to motorcycle riding on his track. (Exhibit A) Jerry Dillard explained to the Council a situation in his neighborhood several years ago concerning the use of motorcycles in a neighborhood that escalated to extensive use of the Salinas River. Mr. Dillard submitted a copy of the Municipal Code pertaining to waterway intrusions, and asked the Council to enforce their existing ordinance that prohibits the use of motorcycles in the River. (Exhibit B) Tim Pilg stated he builds motorcycles and feels motorcycle riding keeps kids away from drugs and the City should address the need for a motorcycle track. CC Minutes 02/10/04 Page 5 of 11 Approved March 9,2004 Bob Briggs stated that he supports the use of motorcycles for kids but feels that neighborhoods are not the place for this type of activity. He urged the Council to regulate this use in neighborhoods. Vel Miller agreed that a motorcycle park was needed, but restrictions should be applied for riding in a residential neighborhood. Jeff Baxter stated he has a track in San Miguel and is opposed to any regulation on motorcycle r iding. H e a sked t he C ouncil t o w ork with t he C ounty o n t he c reation o f zoning on agriculture land for this use. Zack Baxter stated he has been racing motorcycles for many years and supports the use of motorcycles in one area. Warren Miller said that he is opposed to motorcycle tracks in neighborhoods but would support reasonable limitations on the hours available for motorcycling. Sorrel Marks asked the Council to adopt an ordinance to limit motorcycle riding in residential areas. Ron Bierman asked the Council to help the community find some common ground. James Larson encouraged the motorcycle riders in the audience to be respectful of their neighbors and to try to work with them to solve this problem. Todd Perkins stated he supports finding a location for motorcycle riders to ride and asked the Council to help them solve this issue. Deborah Ingalls stated she is opposed to the use of motorcycles in neighborhoods. Lynn Miller asked the Council to regulate the use of motorcycles in neighborhoods. Paul Roller supported the use of motorcycles and urged riders to be respectful of their neighbors. Lisa Teribio stated she supports motorcycle riding as well as those property owners who do not like listening to the noise they create. She urged the Council to support a local site for riding. Elias Stuart stated he supports motorcycle riding. Marissa Jordan supported motorcycle riding locally. Jim Griffin explained the problems he has experienced with his neighbors that have a motorcycle track. CC Minutes 02/10/04 Page 6 of 11 Approved March 9,2004 Rosemarie B em s hared w ith t he C ouncil h er a xperience w ith h er n ext-door n eighbor who has a motorcycle track. She asked the Council to prohibit the use of motorcycles in residential areas and submitted a picture of the track next to her home. (Exhibit C) Bob Gannon said he lives next to a motorcycle track and asked the Council for help. He stated that he supports kids riding motorcycles but there should be a separate area for the activity. Charles Gilliland stated he is opposed to motorcycle tracks in neighborhoods as he lives next to a track and has had numerous negative experiences with the neighbors. Denise Armstrong stated that she lives near a few motorcycle tracks and only one is a nuisance. The others are used by kids that are considerate and respectful of their neighbors. John Bullaro stated he is opposed to motorcycle tracks in neighborhoods as they negatively impact quality of life and health. Eric Goebler supports motorcycle riding but does not support riding in neighborhoods. He asked the Council to participate with the County to find a location for riding without impacting neighbors. Dave Dunham stated he has a track on his property and would like to continue to offer his grandchildren the opportunity to ride. He would like motorcycle riding allowed with some regulations. Rhonda Viescas said that she lives near the Salinas River and railroad tracks and has had some negative experiences with motorcyclists in and around her property. Tara Tuney said she is against regulations on motorcycle riding. Matt Jacolong said he is a property owner and motorcycle rider. He does not support any regulation of motorcycle riding. He stated he supports the creation of a location where people could ride. Richard Lancaster agreed that riding motorcycles in residential areas is not acceptable. He supports allowing the use of motorcycles in a specific location. John Stafford supported finding a location for a motorcycle track. Jason Baker stated he is opposed to an ordinance restricting motorcycle riding. Rebecca Wreath stated she is against the regulation of motorcycle riding in residential neighborhoods. CC Minutes 02/10/04 Page 7 of 11 Approved March 9,2004 Vern West indicated that he lives next to a motorcycle track and would like to see a motorcycle park created. Malcolm Rowe suggested the Council look at Tulare Cycle Park as a good example of a motorcycle riding facility. Jeff Engels stated he drives out of town to have his children ride motorcycles. He supports the creation of a local track. Lisa Estridge said her children use motorcycle tracks and feels it is important that the riders respect the neighbors. She feels the neighbors overreact to their riding. Tom Bruner stated he is opposed to an ordinance regulating riding on private property. He supports building a track somewhere in the county. Gary James encouraged the Council not to adopt an ordinance regulating motorcycles because every situation is different and it would be difficult to craft something to cover all situations. Tyler Bremen expressed his opposition to any motorcycle regulation. Charles Viescas said that he supports the creation of a central location for kids to ride. Bob Behran told the Council that he has a track on his property. He explained that kids have been riding his track for many years, long before he had neighbors. Now he has neighbors that complain about the motorcycles. He supports the creation of a County location for all riders. Robert Estridge asked the Council to keep in mind that most of the complaints heard this evening were due to people riding illegally. Mayor Luna closed the Public Comment period. Mayor Luna recessed the hearing at 9:55 p.m. Mayor Luna called the meeting back to order at 10:07 p.m. Mayor Luna asked whether the Council would support sending a letter to the Board of Supervisors requesting they assist in getting the off-road track in San Miguel going. There was Council consensus to have the Mayor send a letter to the County Board of Supervisors supporting the re-zoning of county agricultural land in the north county to allow motorcycle tracks. Individual Council Members stated what their preferences were. CC Minutes 02/10/04 Page 8 of 11 Approved March 9,2004 There was Council consensus on reviewing restriction of hours, size of the motorcycles, dust control, number of riders, assist in creation of County location for a motorcycle park, and creation of an education program. It was suggested that staff should contact community members such as Jim Griffin, James Larsen, etc. for their input. City Attorney Hanley indicated that this issue would have to come before the Planning Commission at which time there would be an opportunity for public input. C. MANAGEMENT REPORTS: 1. Dove Creek Negative Declaration Contract Approval ■ Fiscal impact: Authorization of the contract will result in the expenditure of $27,410. These funds will be reimbursed to the City by the applicant. ■ Staff recommendation: Council authorize the City Manager to execute a contract with Padre Associates, Inc. for contract environmental services for the Dove Creek Planned Development project to be reimbursed by the project applicant. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT - None MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O'Malley to authorize the City Manager to execute a contract with Padre Associates, Inc. for contract environmental services for the Dove Creek Planned Development project. Motion passed 5:0 by a roll-call vote. (Contract No. 2004-001) D. ATTORNEY REPORTS: 1. Emergency Resolutions ■ Fiscal impact: Unknown a City Attorney recommendation: Council 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. PUBLIC COMMENT - None CC Minutes 02/10/04 Page 9 of 11 Approved March 9,2004 MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Scalise to continue the emergency resolution in place. Motion passed 5:0 by a roll-call vote. (Resolution No. 2004- 011) E. COMMITTEE & LIAISON REPORTS: Mayor Luna 1. County Mayor's Round Table: Meets tomorrow, topics will include the San Simeon Earthquake and the League's initiative for the November ballot. Mayors will be making a recommendation to the Governor for a Coastal Commissioner. Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board (appointed by Governor): The Hospital has sent a contract to State of California General Services and are waiting for it's return regarding the area going to the City for expansion of the ball park. 2. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): Interchange at Highways 41 and 101 is going in and the funding is in place. Council Member Clay 1. Water Committees: There will be a Water Company meeting tomorrow night, 7:00 p.m. at the Colony Inn. Nacimiento Water Project to be discussed. Council Member O'Malley 1. Air Pollution Control District (APCD): It was announced at the last meeting that there are "mover grants" available and the Atascadero Unified School District was ranked second as an applicant. There has been a re-designation by the California Air Resources Board of San Luis Obispo County to attainment of the State air quality standard for ozone. 2. Economic Vitality Corporation, Board of Directors (EVC): Tomorrow morning there will be a breakfast where PG&E will be highlighted. Council Member Pacas 1. Atascadero Youth Task Force: The San Luis Obispo Assistance League will be hosting a "Touch of Jazz" evening on February 28th, 5:00 p.m. The Warren Foundation Youth Track and Field Program will be restarting. CC Minutes 02/10/04 Page 10 of 11 Approved March 9,2004 F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Scalise asked if there would be consensus to ask staff to bring back to Council information on development on slopes and how the City is addressing the 30% or greater slope when adding new lots. This would require an amendment to the General Plan. There was Council discussion on this suggestion. There was Council consensus to have staff bring back information on this topic. G. ADJOURNMENT: 10:50 p.m. Mayor Luna adjourned the meeting at 10:50 p.m. to the next regularly scheduled meeting on February 24, 2004. MEETING RECORDED AND MINUTES PREPARED BY: )1 �u J'L Marcia McClure Torgerson, C.M.C., Cit Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A - Randy Stevenson, letter from Atascadero Ford Exhibit B - Jerry Dillard, copy of County Ordinance 5-8-01 Exhibit C - Rosemarie Bem, picture of motorcycle track CC Minutes 02/10/04 Page 11 of 11