Loading...
HomeMy WebLinkAboutMinutes 030904 Approved April 13,2004 iaii � is e 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. CC Minutes 03/09/04 Pagel of 11 Approved April 13,2004 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 CC Minutes 03/09/04 Page 2 of 11 Approved April 13,2004 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 CC Minutes 03/09/04 Page 3 of 11 Approved April 13,2004 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 CC Minutes 03/09/04 Page 4 of 11 Approved April 13,2004 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, CC Minutes 03/09/04 Page 5 of 11 Approved April 13,2004 ■ 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. CC Minutes 03/09/04 Page 6 of 11 Approved April 13,2004 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 CC Minutes 03/09/04 Page 7 of 11 Approved April 13,2004 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) CC Minutes 03/09/04 Page 8 of 11 Approved April 13,2004 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) CC Minutes 03/09/04 Page 9 of 11 Approved April 13,2004 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. CC Minutes 03/09/04 Page 10 of 11 Approved April 13,2004 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: Q&,�L 41 7-�- Grace Pucci, Deputy City Clerk CC Minutes 03/09/04 Page 11 of 11