HomeMy WebLinkAboutMinutes 030904 Approved April 13,2004
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, MARCH 9, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk/Assistant to the City Manager Marcia McClure
Torgerson, Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Community Services Director Brady
Cherry, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Administrative Services
Director Rachelle Rickard, Deputy Community Services Director
Geoff English, Planning Services Manager Steve McHarris,
Redevelopment Specialist Marty Tracey, Associate Planner Kerry
Margason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone
and City Attorney Roy Hanley.
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COMMUNITY FORUM:
Steve Shiveley, Senior Pastor Calgary Chapel led those present in prayer.
Joan O'Keefe expressed her concern regarding the amount of staff time spent in
enforcing the Tree Protection Ordinance with developer Kelly Gearhart.
Jenny Corn spoke about traffic safety issues on her street, Ferrocaril, and her
understanding that an agreement had been reached whereby her street would not be
used for through traffic.
Joy Rogalla expressed her support for Ms. Corn's concerns. She gave several
examples of problems on the road. She asked why the emergency gate is open on a
daily basis.
Eric Greening spoke about issues raised by the previous speakers. He urged Council
to not approve unenforceable mitigations, and suggested a study session on traffic
related mitigations.
Mayor Luna closed the Community Forum period.
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.
PRESENTATIONS:
1. Proclamation declaring March 2004 "Red Cross Month"
Council Member Pacas read the proclamation and presented it to Henry Moulder, local
disaster volunteer.
2. Proclamation declaring Atascadero "Tree City USA—2004"
Mayor Luna read the proclamation and presented it to Rick Matthews of the Atascadero
Native Tree Association (ANTA).
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Luna announced that Lon Allen of Atascadero News would be retiring from the
newspaper to work for the Tribune. Mayor Luna presented Mr. Allen with a watch and
shirt.
Mayor Luna announced that on Thursday, March 11th, anyone who assisted with the
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earthquake recovery are invited to a barbecue at 12:00 noon at the Lake Pavilion.
Council Member Clay spoke about those who assisted with the recovery effort and the
barbecue.
Council Member O'Malley spoke about the Local Taxpayers and Public Protection
Safety Act, an initiative to be placed on the September ballot. He explained the initiative
and how it would work. Petitions will be out for signatures on Saturday.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes —January 27, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of January 27, 2004. (City Clerk)
2. City Council Strategic Planning Workshop— January 30-31, 2004
■ City Clerk recommendation: Council approve the Strategic Planning
Meeting minutes of the meeting of January 30-31, 2004. (City Clerk)
3. City Council Meeting Minutes — February 10, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of February 10, 2004. (City Clerk)
4. January Disbursements —January 2004
■ Fiscal Impact: $1,438,422.44
■ Staff recommendation: Council approve certified City accounts
payable, payroll and payroll vendor checks for January 2004.
(Administrative Services)
5. City Treasurer's Report—January 2004
■ Fiscal Impact: None
■ City Treasurer recommendation: Council approve the City Treasurer's
report for January 2004. (City Treasurer)
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Items #A-1 through 5.
Motion passed 5.0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. GPA 2003-0007 ECOSLO Settlement Agreement
■ Fiscal impact: None
■ Staff recommendation: Adopt Draft Resolution A approving General Plan
Amendment 2003-0007 based on findings. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
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questions of Council.
Mayor Luna spoke about the historical basis for creek reservationslsetbacks.
PUBLIC COMMENT
Tom Bench stated he owns a portion of Atascadero Creek and expressed his concerns
about losing control of some of his property.
Eric Greening felt the Council should approve the agreement as written in order to avoid
reopening the court case. He questioned the process by which the permanent
ordinance would be drawn up and the extent to which the considerations raised in the
settlement might influence the direction of the permanent ordinance.
Joanne Main spoke about the redevelopment of the downtown and is concerned about
stumbling blocks. She felt the 35 feet was extreme and urged the Council to
renegotiate the suit.
Richard Shannon, downtown property owner, brought up several issues including: 1)
noticing requirements—he does not think enough has been done to inform the public,
and 2) Main Street has not been formally notified of the settlement. He is concerned
with the effect this settlement will have on the development of the downtown.
Greg Maleck, downtown property owner, spoke of the effects of this ordinance on his
property. He feels this is excessive and encouraged Council to not accept this
agreement.
Mayor Luna closed the Public Comment period.
Council Member Clay expressed concern about the notification and felt it was important
that the public understand what was happening. He felt there was a difference between
Atascadero Avenue and the Capistrano Bridge, the downtown area, and it should be
treated differently.
Mayor Pro Tem Scalise stated that the legal notification process was followed however;
she was concerned that Main Street was not informed. She thought it would be in the
public's best interest to go back and renegotiate, look at all options, and do a better
notification process when it comes back.
MOTION: By Mayor Luna and seconded by Council Member Pacas to adopt
the Planning Commission recommendation and adopt Draft
Resolution A approving General Plan Amendment 2003-0007
based on findings.
Council Member O'Malley stated that notification was important especially given the
number of parcels affected. He could support this as a temporary solution to meet the
lawsuit if this can be looked at again in 2005 to work out the downtown issues.
Council Member Clay indicated that any motion should have a date certain for a
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permanent ordinance and a stipulation that every property owner affected is notified.
MOTION: By Mayor Luna and seconded by Council Member Pacas to
adopt the Planning Commission recommendation and adopt
Draft Resolution A approving General Plan Amendment 2003-
0007 based on findings.
Motion failed 3:2 by a roll-call vote. (Clay, O'Malley, Scalise
opposed)
City Attorney Hanley stated he would prefer a sunset clause on the interim change from
20 to 35 feet and then general direction to staff that if everything was not brought back
in time the 35 feet would sunset.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt Draft Resolution A approving General
Plan Amendment 2003-0007 based on findings with the
modification that there be a sunset clause that would expire on
March 1, 2005.
Motion passed 3:2 by a roll-call vote. (Scalise, Luna opposed)
(Resolution No. 2004-015)
Mayor Luna recessed the hearing at 8:20 p.m.
Mayor Luna called the meeting back to order at 8:27 p.m.
2. Pine Mountain Transfer of Development Rights - GPA 2003-0009
■ 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. In addition, the
retention of Pine Mountain as additional undeveloped passive open space
would likely have a slight negative impact on City revenues.
■ Planning Commission Recommends: Approval (,1 —4):
Transfer of Development Rights
1. Adopt Resolution A certifying Proposed Mitigated Negative
Declaration 2003-0069; and,
2. Adopt Resolution B approving General Plan Amendment 2003-
0009 based on findings; and,
3. Introduce for first reading by title only, draft Ordinance A approving
Zone Change 2003-0073 based on findings; and,
4. Introduce for first reading by title only draft Ordinance F, approving
Development Agreement 2004-0001 based on findings; and,
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■ Planning Commission Recommends: Denial (5 - 8):
Coromar Avenue
5. Introduce for first reading by title only, draft Ordinance B approving
Zone Change 2003-0072 based on findings; and,
6. Introduce for first reading by title only, draft Ordinance C approving
Zone Change 2003-0074 based on findings; and,
7. Adopt Resolution D approving the Master Plan of Development (CUP
2003-0120) based on findings and subject to Conditions of Approval
and Mitigation Monitoring; and,
8. Adopt Resolution E approving Vesting Tentative Tract Map 2003-0041
based on findings and subject to Conditions of Approval and Mitigation
Monitoring.
■ Planning Commission Recommends: Approval (9 — 10)
Colima Road
9. Introduce for first reading by title only, draft Ordinance D (Zoning Text)
and draft Ordinance E (Zoning Map Change) approving Zone Change
2003-0076 based on findings; and,
10. Adopt Resolution F approving Vesting Tentative Tract Map 2003-0042
based on findings and subject to Conditions of Approval and Mitigation
Monitoring.
■ Planning Commission Recommends: Approval (11 — 12)
Ferrocaril Road - De Anza Estates
11. Adopt Resolution G approving the Master Plan of Development
Amendment (CUP 2002-0067) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
12. Adopt Resolution H approving Vesting Tentative Tract Map 2003-0045
based on findings and subject to Conditions of Approval and Mitigation
Monitoring. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
George Molina, applicant, agreed with the staff report and asked for the Council's
approval.
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Kelly Gearhart, applicant, clarified some issues raised earlier with the Ferrocaril project
and discussed the bridge and the approval process. Mr. Gearhart indicated he was
trying to satisfy the neighbors' feelings regarding the trucks going through their
neighborhood, and he answered questions of Council.
Council Member Clay asked if two extra workforce, deed restricted units could be built
on the Coromar site in place of in-lieu fees on de Anza and Colima. Mr. Gearhart
agreed.
Eric Greening stated he did not see the logic behind the process for this site and felt a
precedent should not be set when the city doesn't have a TDR ordinance.
Jenny Corn would like to see this project delayed until the bridge is put in.
Joan O'Keefe indicated her opposition to this project. She would like to see the City
own this property but not under these conditions. Her concerns with this project include
failure to make all necessary findings, the determination of eight entitlements, and
shrinking commercial zoning for residential development.
Annette Johnson stated she did not understand why a zone change on her corner must
be tied in with Mr. Gearhart's project. She indicated she was unable to do anything with
her property until this is resolved.
Nick Burton spoke about the Ferrocaril development and that there is only one way to
access the houses in the cul de sac. He questioned why the bridge should not be
finished first then build the houses.
Joy Rogalla spoke about access to the houses and felt no more should be built until the
bridge is complete.
Kelly Gearhart spoke about Ferrocaril and stated he would have the road shut off and a
gate in place by Friday, and no trucks or construction vehicles would come through
other than for the construction of the three homes being built at the end of the cul de
sac and the water company.
Jenny Corn questioned the change that would permit houses in phase two to be built
before the bridge goes in.
Joy Rogalla asked who would be repairing the damage done to Ferrocaril. City
Engineer Steve Kahn stated that he will inspect the road for damage and that the
developer or his contractors would be responsible for the cost of repairing the road if
they had caused the damage.
Mayor Luna closed the Public Comment period.
Mayor Luna reiterated that this item must be taken as an entire package.
Council Member Clay felt the lot comparison was not equal, however the benefits are
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workforce housing and getting five units on the Coromar property.
Council Member Pacas stated her opposition to the project. She is in favor of acquiring
open space for the City but this is far from what she could support. Her concerns
include: no original EIR has taken place for the creation of the additional seven
development credits, no reason why building rights on eight additional lots should be
included, it is not conducive to development under GP guidelines, the city is giving up
commercial property for residential, the additional lots acquired are out of proportion to
receipt of open space, locating additional housing density outside of town away from
amenities will result in more traffic, and the swap is at an inflated price.
Mayor Pro Tem Scalise expressed her support for saving the property on Pine
Mountain, and stated this was a good project.
Council Member O'Malley agreed there is a problem with converting commercial to
residential, however no commercial development has occurred in this area in the past.
He stated it was important to acquire open space, and he did a lot of research on this
project. Several goals were met including the city acquiring 28 acres and additional
sewer for more neighborhoods, and he stated he was in support of this project.
Mayor Clay stated he had struggled with this but the prize is the open space on Pine
Mountain, which insures it will stay in public ownership and not be developed. He made
the point that if this does not go through these projects will be back and could be
denser. He stated he would support this project, but not another like it.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to:
1. Adopt Resolution A certifying Proposed Mitigated Negative
Declaration 2003-0069; and,
2. Adopt Resolution B approving General Plan Amendment
2003-0009 based on findings; and,
3. Introduce for first reading by title only, draft Ordinance A,
approving Zone Change 2003-0073 based on findings; and,
4. Introduce for first reading by title only draft Ordinance F,
approving Development Agreement 2004-0001 based on
findings; and,
5. Introduce for first reading by title only, draft Ordinance B
approving Zone Change 2003-0072 based on findings; and,
6. Introduce for first reading by title only, draft Ordinance C
approving Zone Change 2003-0074 based on findings; and,
7. Adopt Resolution D approving the Master Plan of
Development (CUP 2003-0120) based on findings and
subject to Conditions of Approval and Mitigation
Monitoring; and,
8. Adopt Resolution E approving Vesting Tentative Tract Map
2003-0041 based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
9. Introduce for first reading by title only, draft Ordinance D
(Zoning Text) and draft Ordinance E (Zoning Map Change)
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approving Zone Change 2003-0076 based on findings; and,
10.Adopt Resolution F approving Vesting Tentative Tract Map
2003-0042 based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
11.Adopt Resolution G approving the Master Plan of
Development Amendment (CUP 2002-0067) based on
findings and subject to Conditions of Approval and
Mitigation Monitoring; and,
12.Adopt Resolution H approving Vesting Tentative Tract Map
2003-0045 based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
and amend the following Resolutions and Conditions of
Approval:
■ Item #13-2. 7., Resolution D, pg. 131, Condition 11:
Affordable Housing Requirement: The applicant shall set
aside twee five housing units at the moderate category
rate for a period of 30 years.
■ Item #13-2. 8., pg. 162, Condition 8: Affordable Housing
Requirement: The applicant shall set aside twee five
housing units at the moderate category rate for a period of
30 years.
■ Item #13-2. 10., pg. 190, Condition 6: This condition shall
be dropped.
■ Item #13-2. 11., pg. 209, Condition 11: This condition shall
be dropped.
■ Item #13-2. 12., pg. 234, Condition 6: This condition shall
be dropped.
■ Add to Resolution H: "No construction traffic for phase
two will be allowed beyond the emergency gate toward
Ferrocaril as of Friday, March 12, 2004 and the gate will be
locked."
Motion passed 4:1 by a roll-call vote. (Paces opposed) (Item
#B-2.1. Resolution No. 2004-016, Item #B-2.2. Resolution No.
2004-017, Item #B-2.7. Resolution No. 2004-018, Item #B-2.8.
Resolution No. 2004-019, Item #B-2.10. Resolution No. 2004-
020, Item #B-2.11. Resolution No. 2004-021, Item #B-2.12.
Resolution No. 2004-022)
C. MANAGEMENT REPORTS:
1. Consideration and Adoption of a Resolution Establishing Non
Residential Development Impact Fees:
■ Fiscal impact: Increase in development impact fees compared to prior
years. Actual increase depends on the amount of development.
■ Staff recommendation: Council adopt draft Resolution, establishing a
non residential schedule of development impact fees. (City Manager)
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City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT
Joanne Main, Chamber of Commerce, expressed her support for the recommendation
from staff and explained her reasoning.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Pacas and seconded by Mayor Pro Tem
Scalise to adopt draft Resolution, establishing a non-
residential schedule of development impact fees.
Motion passed 5.0 by a roll-call vote. (Resolution No. 2004-
023)
D. ATTORNEY REPORTS:
1. Emergency Resolution
■ Fiscal impact: Unknown
■ 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. (City
Attorney)
PUBLIC COMMENT— None
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay 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.
Motion passed 5.0 by a roll-call vote. (Resolution No. 2004-
024)
E. COMMITTEE & LIAISON REPORTS:
Mayor Luna
1. Integrated Waste Management Authority (IWMA): Achieved 51% diversion
rate.
2. County Mayor's Round Table: Discussed downtown improvements in Pismo
Beach and parking solutions there. Additionally the League of California
Cities resolution was discussed.
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Council Member O'Malley
1. League of California Cities - Grassroots Network: Will be attending the state
level Policy Committee on Friday, March 19th
Council Member Pacas
1. City/ Schools Committee: City of Atascadero will be hosting a Children's Day
in the Park on May 15th and they need sponsors. Central Coast Monster
Skate Park will start a series of skate contests starting March 27th
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Council Member O'Malley reminded those present that they would be
getting together this Saturday at Home Depot from 10:00 a.m. to 12:00
noon to gather more signatures for the initiative.
Mayor Luna reminded those present of the barbeque on Thursday at
12:00 noon to be held in appreciation of the earthquake recovery efforts.
2. City Manager:
It was determined that no press release could be done for the Saturday
gathering at Home Depot. The City Manager gave an update on staff's
analysis of the Governor's budget.
Joanne Main announced that on March 17th the Chamber of Commerce and Atascadero
Main Street would be hosting an earthquake preparedness lunch. They will discuss
things individuals can do to prepare their home and business for an earthquake.
G. ADJOURNMENT:
Mayor Luna adjourned the meeting at 10:18 p.m. to the next regularly scheduled
meeting on March 23, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
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Grace Pucci, Deputy City Clerk
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