HomeMy WebLinkAboutMinutes 042704 Approved May 25,2004
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, APRIL 27, 2004
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:24 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Others Present: City Clerk/Assistant to the City Manager Marcia McClure
Torgerson, Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Administrative Services Director
Rachelle Rickard, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Acting Police Chief John Couch, Fire Chief Kurt
Stone, Deputy Public Works Director Geoff English, Deputy Public
Works Director Jeff van den Eikhof, Redevelopment Specialist
Marty Tracey, Deputy Community Development Director Steve
McHarris, Associate Planner Kelly Gleason, and City Attorney Roy
Hanley.
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COMMUNITY FORUM:
Joshua Gwiazda spoke about a lot line adjustment he had applied for on his Park
Reserve lot. He read from a letter from City Attorney Roy Hanley explaining why staff
cannot process his application. Mr. Gwiazda maintains using his lot as open space is a
taking and asked Council to provide direction to staff.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
Council Member Clay suggested changing the agenda order moving Items #D-1 and 2
to a position after B-2.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the amended agenda.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
PRESENTATIONS:
1. Proclamation declaring May 10 - 14, 2004 - "Municipal Clerks Week."
Mayor Pro Tem Scalise read the Proclamation and presented flowers to City Clerk
Marcia McClure Torgerson, C.M.C., and Deputy City Clerk Grace Pucci,
2. Proclamation declaring May 15, 2204 - "National Police Week/Police
Memorial Day."
Mayor Luna read the Proclamation and Police Lt. John Couch accepted on behalf of the
Atascadero Police Department.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley spoke about the Atascadero Performing Arts Committee,
which is working on developing a performing arts center in the City. They would like to
make a presentation and Council Member O'Malley suggested it be done at the next
strategic planning session during the public comment period. There were no objections
by Council to this suggestion.
Mayor Luna announced he would be going to Sacramento tomorrow so his office hours
are cancelled.
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A. CONSENT CALENDAR:
1. City Council Meeting Minutes— March 23, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of March 23, 2004. (City Clerk)
2. Single Family Planned Development #7 Zone Change 2003-0065
(Rosario, Olmeda Ave/Madruga)
■ 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.
■ Recommendation: Council adopt on second reading, by title only, the
attached Draft Ordinance, enacting Zone Change 2003-0065 adding
the PD-7 zoning overlay district to an RMF-10 site.
Council Member Clay pulled Item #A-2, and Eric Greening pulled Item #A-1.
Item #A-2: Council Member Clay stated for the record that he would be voting against
this item as he would have preferred to see affordable housing included in the project.
MOTION: By Council Member O'Malley and seconded by Council
Member Pacas to approve Item #A-2.
Motion passed 4;1 by a roll-call vote. (Clay opposed)
(Ordinance No. 447)
Eric Greening referred to page 11 of the March 23, 2004 City Council Minutes and
suggested the sentence reading, "The following is a summary of items related to second
units on which Council reached consensus" be changed to "...on which a majority of the
Council agreed".
There was Council agreement in favor of this correction.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-1 as corrected.
Motion passed 5.0 by a voice vote.
B. PUBLIC HEARINGS:
1. Single Family Planned Development Zone Change 2003-0071 - Master
Plan of Development (CUP 2003-0118) Vesting Tentative Tract Map
2003-0052 (5528 Tunitas Ave/5559 Rosario Ave/Mehring)
■ 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 2004-
0007; and,
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2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0071 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0118) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0052, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. (Community Development)
Deputy Community Services Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
William Mehring, applicant, reviewed the alternatives he had considered for this site,
explained why he had chosen this option and briefly reviewed the project. Mr. Mehring
answered questions of Council
Sally Tipman stated she had been concerned about the trees and was happy to hear
they are to be preserved.
Mayor Luna closed the Public Comment period.
Mayor Luna expressed concern with Conditions of Approval No. 3 and 4 on page 77. He
would like the conditions to reflect that an appeal to the Council is possible.
Council Member Clay indicated he would have liked to see condominiums in this
project.
Mayor Luna agreed and suggested the condominium issue be addressed at a future
strategic planning session.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt Resolution A, certifying Mitigated Negative
Declaration 2004-0007; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2002-0071
based on findings; and, adopt draft Resolution B approving
the Master Plan of Development (CUP 2003-0118) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt draft Resolution C approving Vesting
Tentative Tract Map 2003-0052, based on findings and subject
to Conditions of Approval and Mitigation Monitoring.
Motion passed 5.0 by a roll-call vote. (Item #B-1.1 Resolution
No. 2004-034, Item #B-1.3 Resolution No. 2004-035, Item #B-1.4
Resolution No. 2004-036)
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2. Weed/Refuse Abatement Program:
■ Fiscal impact: The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2004-2005
Tax Roll.
■ Recommendations: Council adopt the draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax
Assessment for the fiscal year 2004-2005 Tax Roll (Fire Department)
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
PUBLIC COMMENT— None
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt the draft Resolution, declaring vegetative growth
and/or refuse a public nuisance, commencing proceedings for
the abatement of said nuisances, and placing all abatement
fees on the San Luis Obispo County Special Tax Assessment
for the fiscal year 2004-2005 Tax Roll
Motion passed 5:0 by a roll-call vote. (Resolution No. 2004-
037)
Mayor Luna recessed the hearing at 8:01 p.m.
Mayor Luna called the meeting back to order at 8:10 p.m.
C. ATTORNEY REPORTS:
1. Proposed Amendments to the Atascadero Municipal Code Pertaining
to Noise Standards, Amplified Noise and Cost Recovery
■ Fiscal impact: None has been identified.
■ Staff Recommendation:
■ Council introduce for first reading by title only, the draft Ordinance,
amending the Atascadero Municipal Code pertaining to noise
standards, outdoor amplified noise and cost recovery for noise
disturbances. (City Attorney)
City Attorney Roy Hanley gave the staff report and answered questions of Council.
Council Member O'Malley stated he could not support the Planning Commission's
recommendations but can support staff's original recommendations.
Council Member Pacas agreed with Council Member O'Malley, especially in regard to
refuse pick up. Council Member Clay and Mayor Luna were in agreement also.
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PUBLIC COMMENT
Jeff Ingalls asked about fee recovery and gave examples of situations asking if they
could potentially invoke a fine. Attorney Hanley explained how the process would work.
Bob Clark asked about fee recovery and questioned if it is based on noise level or
citizen complaint.
Gary Thompson questioned the term amplified noise and asked for clarification.
Michelle Velasco, Atascadero Waste, stated if the time for residential garbage service
were changed she must then work with the landfill and their hours of operation.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt staff's original recommendation and
introduce for first reading by title only, the draft Ordinance,
amending the Atascadero Municipal Code pertaining to noise
standards, outdoor amplified noise and cost recovery for
noise disturbances.
Motion passed 5.0 by a roll-call vote.
2. Proposed Amendments to the Atascadero Municipal Code
Regulating Motorcycles as an Accessory Use and the Inclusion of
Cost Recovery
■ Fiscal impact: None has been identified.
■ Staff Recommendation:
■ Council introduce for first reading by title only, the draft Ordinance,
amending the Atascadero Municipal Code to regulate motorcycles as
an accessory use and to include cost recovery for police services.
(City Attorney)
City Attorney Roy Hanley gave the staff report and answered questions of Council.
PUBLIC COMMENT
Richard Mullin stated he supports a restriction for Sunday's, and disagrees with an 8:00
a.m. to 8:00 p.m. time limit. He feels a 1 to 1 1/2 hour time limit per day is better.
Tim Pilg questioned the complaint reports and asked if they were unique to individuals.
He stated this is being done on private property and should not be banned, however, if
the Council is going to ban motorcycle use on private property they must create another
venue for riding in the county.
Eric Gobler indicated that the noise not the tracks must be addressed in any ordinance.
He suggested using the ordinance currently in place and require motorcycles be fitted
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with a muffler to meet city standards.
Robert Estridge made the following observations: 1) it is more reasonable to allow four
vehicles at one time rather than two, 2) two hours a day maximum is not reasonable,
four would be better, 3) eight hours a week is unreasonable, four hours a day would be
better and easier to enforce.
Sorrel Marks stated she has tried to work out the problem with her neighbor but has not
been successful. She felt Californians are entitled to a peaceful environment and would
like motorcycle use on residential property banned.
Doug Marks gave his opinion that this was a property rights issue and expressed the
following concerns with the proposed ordinance: 1) it does not protect during holidays
and weekends, 2) it adversely effects property values in Atascadero, 3) this ordinance
condones outdoor motorcycle use on private property in residential areas. He asked for
a ban on motorcycle use in residential areas.
Leore Mundy stated this is an issue of compromise between neighbors and an
ordinance is not necessary. She reminded Council that children are in school eight
hours a day so if they decide on time restrictions, they should be reasonable.
Bob Clark stated that the proposed ordinance exempts motorcycles from the previously
passed noise ordinance. He brought up the issue of night shift workers who need
peace and quiet during the day to sleep, and encouraged the Council to not pass this
amendment, but one that strengthens the noise ordinance.
Jerry Robinson indicated that motorcycle riding in residential areas is inappropriate and
should be banned. He stated the biggest flaw in this proposal is the self-regulation
feature.
Nancy Spitzer reminded Council that there were state and local laws in effect already to
deal with this issue, but they must be enforced. She stated property values would be
reduced by this ordinance because of full disclosure laws.
Bob Briggs stated he has a track next to his property, and finds it undesirable. He
spoke against allowing tracks in residential areas and would like any ordinance to have
strong enforcement provisions.
Carl Spitzer read a letter from Doug Fiskas, north county appraiser, urging the Council
to prohibit use of motorcycles on residential property, as they would decrease property
values. Mr. Spitzer then spoke about decibels and explained how they are quantified; he
also spoke about the right of quiet enjoyment of ones property and stated he is in favor
of banning motorcycle use on private property outright. He distributed a set of
photographs to Council depicting motorcycle use in his neighborhood. (Exhibit A)
Jeff Ingalls stated he came to Atascadero because he wanted a child friendly town and
would like to see it remain that way.
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Charles Cox indicated that where he lives the people causing trouble on bikes are
adults not children. He stated this is a noise issue, and motorcycle use is disruptive
whether on private property or public.
Vel Miller stated each case is individual, and there is not a blanket solution for
everyone. She feels this issue is a matter of respect for neighbors and not everyone
has a problem with motorcycle riding.
Boone Huey said he agreed with the idea of a dedicated motorcycle park on the
outskirts of town, and that motorcycle riding in residential areas is inappropriate.
Rosemary Bern stated the amendment as proposed is inadequate. She has tried to
work with her neighbors and has experienced vandalism because of her complaints.
She asked that motorcycles to be banned outright.
Lisa Estridge spoke about her children and how little time is available to them during the
week for activities such as motorcycle riding. She does not think it should be restricted
by an ordinance, but rather by parents.
Mayor Luna closed the Public Comment period.
Mayor Luna recessed the hearing at 10:17 p.m.
Mayor Luna called the hearing back to order at 10:24 p.m.
Mayor Luna thanked those present for their decorum.
Council Member O'Malley made the following comments:
1. He is in favor of a complaint driven system and expressed concern with the diary
approach.
2. He suggested parcel size might play a part.
3. Supports concrete time limits and excluding Sunday's as a minimum standard
that is easily enforced.
4. Would like to look at the motorcycle park alternative.
5. Would like to see a differentiation between backyard use and aggressive tracks.
Council Member Clay's comments included:
1. Supports the use of fines and believes they will make a difference.
2. Does not think tracks for children cause problems.
3. He would like to be sure that all testimony given on this issue through all the
public hearings be considered.
4. Should not use Paso Robles as a comparison, their lots are different.
5. He thinks property values have not been affected and continue to go up.
6. There should be an ordinance for those who are aggressive and not working with
their neighbors.
7. He would like to revisit this issue in 6 months to one year and then restrict riding
on the property of those who continue to cause problems.
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Mayor Luna spoke about Atascadero's General Plan and read from selected sections,
of the noise element. He stated he sees the choice as either banning motorcycles or
creating an ordinance and attaching enough conditions to constrain the use and make it
onerous to those introducing that type of noise into a tranquil neighborhood. His
preference is to ban it from the City in residential neighborhoods, in the Salinas River, in
creeks and in parks.
Mayor Pro Tem Scalise did not agree with banning motorcycle use as it opens the door
to banning other activities. She stated there is one very egregious track on the
southwest side of the City and perhaps there should be a joint private nuisance suit filed
against that track. She would like to see restrictions and tools in place to ensure the
Police have mechanisms and guidelines for enforcement. Mayor Pro Tem Scalise
indicated she supports the staff recommendation without (e) (3) and would like to see
this start with something less harsh and then revisit the issue in 12 to 18 months when
the ordinance could be strengthened if needed.
Council Member Pacas stated that if the ordinance were passed she would support
adding in Sundays and holidays. She questioned whether the Police Department felt an
ordinance would be useful or if just having the cost recovery would be enough to make
enforcement easier.
MOTION: By Mayor Luna to ban motorcycles from residential use.
There was no second for this motion.
MOTION: By Mayor Luna to support enforcement of exiting ordinances that
apply to public parks, the Salinas River, the Anza Trail and Water
Company property.
City Attorney Hanley advised Council to not have a formal vote on this motion: they
could direct staff to bring this issue back.
MOTION: By Mayor Luna to direct staff to bring this issue back.
There was not second for this motion.
There was Council consensus to discuss this issue at a future strategic planning
session.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to accept the City Attorney's recommendation in
SECTION 1. Section 9-6.106, amended to add subsequent "e" as
follows.
There was Council discussion of the following items:
1) The maker of the motion suggested modifying (e) as follows: Mini-bike,
motorcycle, dirt bike or similar two or more wheel motor vehicle riding is allowed
subject to the following limitations: This modification was acceptable to the
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second.
2) (e) (1) and (2): Consensus to accept as written.
3) Mayor Luna suggested modifying (e) to read: Mini-bike, motorcycle, dirt bike or
similar two or .more wheel motor vehicle riding is allowed on private residential
property with owner consent subject to the following limitations: There was no
consensus on this suggestion.
4) (e) (2): Mayor Pro Tem Scalise suggested limiting operation to two hours a day,
and eliminate (e) (3) as currently written changing it to "prohibit riding prior to
noon on Sundays." Additionally, she would add a (4) to read "During Standard
Time, no riding after 5:00 p.m., and during Daylight Savings Time not after 7:00
p.m." There was Council discussion of this suggestion.
5) Starting time of 9:00 a.m. was discussed.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to amend Section 9-6.106 to add a subsection "e" as
follows:
(e) Mini-bike, motorcycle, dirt bike or similar two or more
wheel motor vehicle riding is allowed subject to the
following limitations:
(1) No more than two such vehicles shall be operating at
the same time.
(2) Operation is limited to a maximum of two hours in a
day.
(A) This limit applies even if only one such vehicle is
being operated.
(3) Operation is limited to a maximum of eight hours in a
week.
(A) This time limit applies even if only one such
vehicle is operated.
(B) A week shall be measured from Monday through
Sunday.
(4) Not withstanding the above, no such use shall be
allowed on Sunday prior to noon.
(5) Any violations to the above-mentioned limitations are
subject to cost recovery for responses to
disturbances, as listed in Section 9-14.14.
Motion passed 4;1 by a roll-call vote. (Luna opposed)
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to go past 11:00 p.m.
Motion failed 2:3 by a roll-call vote (Pacas, Scalise, Luna
opposed)
Items #D-1, 2 and 3, E and F are continued to the next City Council Meeting.
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D. MANAGEMENT REPORTS:
1. West Front Village GPA 2003-0005 Zone Change 2003-0058 CUP
2003-0108 Tentative Tract Map 2003-0035 (West Front Properties)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
■ Staff recommendation: Council authorize staff to process the West
Front Village mixed use general plan amendment project application.
(Community Development)
Item Continued.
2. EI Camino Real /Principal Avenue Mixed-Use GPA 2003-0008 Zone
Change 2003-0070 CUP 2003-0117 Tentative Tract Map 2003-004
(West Pac Investments)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
■ Staff recommendation: Council authorize staff to process the El
Camino Real/Principal Avenue mixed use general plan amendment
project application. (Community Development)
Item Continued.
3. Morro Road Mixed-Use
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. However, the commercial/retail
component of the project would likely offset some of the residential
fiscal impact.
■ Staff recommendation: Council authorize staff to process the project
application. (Community Development)
Item Continued.
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G. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:02 p.m. to the next regularly scheduled
meeting of the City Council on May 11, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grabucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A—Carl Spitzer, photographs
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