HomeMy WebLinkAboutMinutes 070902 Approved September 10,2002
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CITY OF A TA SCADERO
Iola
CITY COUNCIL
MINUTES
TUESDAY, July 9, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:16 p.m. and Mayor Pro Tem
Scalise led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor
Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David
Graham
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Police Chief Dennis Hegwood, Administrative Services
Director Rachelle Rickard, Community Development Director
Warren Frace, Public Works Director Steve Kahn, Deputy
Community Services Director Geoff English, Technical Assistant
Melanie Whaley, and City Attorney Roy Hanley.
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APPROVAL OF AGENDA:
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1 . Proclamation declaring July as Parks & Recreation Month
Mayor Arrambide presented the proclamation to Parks & Recreation Chairman Paul
Hood. Mr. Hood thanked the Council for their support, especially concerning the
Youth Center.
2. Recognition for Achievement of the AB939 Recycling Goal - Bill Worrell,
Manager of Integrated Waste Management Authority
Mr. Worrell presented a plaque to the Council recognizing their achievement of a
52% diversion rate exceeding the State goal of 50%.
COMMUNITY FORUM:
Bob Wilkins, President of Atascadero Main Street, speaking for the Board of
Directors, requested Council to temporarily postpone the return of ownership of the
Printery to the Masons to allow Main Street the opportunity to review proposed
uses for the historic building.
Rick Mathews, Parks & Recreation Commissioner and former member of the
Skateboard Park Committee, urged the Council to remember the disposition of the
Skate Park when considering the issue of the Printery.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay suggested that it is time for Atascadero to have an annual
July 4,h celebration.
Mayor Pro Tem Scalise stated she appreciated the City Council Members and City
staff that represented Atascadero at the Assembly of God's celebration at the
Junior High School honoring the military, local policemen and firemen.
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A. CONSENT CALENDAR:
or
1 . City Council Minutes - June 25, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of June 25,
2002. [City Clerk]
2. Treasurer's Report - April 2002
■ Fiscal impact: None
■ Staff recommendation: City Council approve the City Treasurer's report for April 2002.
[City Treasurer]
3. Request to Plant a Memorial Tree at Atascadero Lake Park
■ Fiscal impact: None
■ Staff recommendation: City Council approve the request of the family of Robert V.
Gomes to plant a Memorial Tree at Atascadero Lake Park. [Community Services]
4. Police Vehicle Purchase
■ Fiscal impact: $45,792.00 (in FY 2001-03 Budget)
■ Staff recommendation: City Council authorize the purchase of two replacement police
vehicles from Wondries Fleet Group. [Police Department]
5. Vacuum Loading Machine — Award of Con tract for Purchase
■ Fiscal impact: $53,981.37 (in FY 2001-03 Budget)
■ Staff recommendation: City Council authorize the Wastewater Division to purchase a
Vacuum Loading Machine from All American Sewer Tools. [Public Works]
*�y
6. Azucena Drainage Improvements Project
■ Fiscal impact: $169,496.21 (in FY 2001-03 Budget)
■ Staff recommendation: City Council
1. Accept the work of Arthurs Contracting, Inc. as complete.
2. Authorize the City Manager to sign and file the Notice of Completion.
[Public Works]
7. EI Camino Real Traffic Signal Synchronization Project - Change Order - Bid
No. 2002-004
■ Fiscal impact: $40,590.00 (in FY 2001-03 Budget)
■ Staff recommendation: City Council approve Change Order No. 1 for $40,950.00 with
Lee Wilson Electric Company for the installation of Traffic Signal Preemption Units at six
intersections on Highway 41. [Public Works]
8. General Plan Consistency Zoning Map Amendment - Zone Change 2002-
0026
■ Fiscal impact: None
■ Staff recommendation: City Council introduce for second reading by title only, and
adopt Ordinance No. 401, enacting Zone Change 2002-0026 amending various zoning
districts throughout the City consistent with the updated General Plan. [Community
Development]
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Council Member Luna requested Consent Calendar Item #A-8 be pulled. Ursula
r Luna, member of the public, requested that Consent Calendar Item #A-1 be pulled.
Item #A-1 : Ursula Luna stated that at the June 25' City Council meeting she
handed in a statement that was not read into the record and was not attached to
the Minutes. She was told that statements are included in the minutes if read into
the record by the speaker or if another speaker reads it into the record, however, if
an individual simply submits the statement it is not included. Ms. Luna was
surprised by this practice and feels that all written statements submitted to the
Clerk should be included in the record and if not, it should be made very clear to
the public that these statements will not be included.
Council Member Johnson suggested continuing the minutes and let staff sort this
issue out and bring it back to the Council's next meeting.
City Attorney Roy Hanley stated that the minutes are not the record, even for the
purposes of people who would want to file an action later. The record is
everything that is submitted.
Mayor Arrambide stated that Ms. Luna raises a good point; the public needs to
understand the practice as to what is included with the minutes.
Council Member Luna said that in his opinion it is appropriate to include these
things when comments come in from the public. He explained that he feels it is
important to have the people's comments as well as the Council's in the record.
MOTION: By Council Member Luna and seconded by Council Member
Johnson to continue Consent Calendar Item #A-1 to the next
meeting.
Motion passed 3:2 by a roll-call vote. (Clay & Scalise opposed)
MOTION: By Council Member Luna and seconded by Council Member
Johnson to approve Consent Calendar Items #A-2 through A-7.
Motion passed 5.0 by a roll-call vote.
Item #A-8: Council Member Luna stated that he intended to vote against this item
as it has nothing to do with smart growth and there is a lack of fiscal analysis
regarding the growth that will take place under the plan.
MOTION: By Council Member Johnson and seconded by Council Member
Clay to approve Consent Calendar Item #A-8.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
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B. PUBLIC HEARINGS:
1. 3-F Meadows / Planned Development 11 Appeal of Planning Commission
Decision, Phase I Road Improvement Construction Permit — BLD 2001-1056
(Shetler Construction)
■ Fiscal impact: None
■ Staff recommendation: Council adopt draft Resolution thereby upholding the Planning
Commission's June 4, 2002 determination that the Phase I Road Improvement
Construction Permit is consistent with the 3-F Meadows project EIR and Planned
Development 11. [Community Development]
City Attorney Roy Hanley gave a staff report and introduced Community
Development Director Warren Frace. Mr. Frace gave a staff report. Both Mr.
Hanley and Mr. Frace answered questions of Council.
Joan O'Keefe, 9985 Old Morro Road East, Applicant, gave the Council a brief
history of this parcel and expressed her concerns and reasons for her appeal in a
prepared statement (Exhibit A). She also read into the record a letter from her
attorney Charles S. Crandall, identifying specific sections of the EIR that are being
ignored (Exhibit B).
Dean Coker, Land Planner for Castlerock Development and Shetler Construction,
clarified the issue of retaining walls; he stated Castlerock purchased the original
approved plans, (prepared immediately after the completion of the EIR) which
included only one retaining wall, which is still in the plan to this day. The EIR and
its Appendix B was a recommendation of mitigations and ways to implement
improvements to the plan. Those mitigations were implemented as well as other
changes such as realignment of the road. In those cases, the vertical and
horizontal changes in alignment precluded the necessity of retaining walls. Mr.
Coker stated that Castlerock submitted this original plan and then City Staff asked
for changes in the alignment and size of the cul de sacs and at that time Castlerock
agreed to those changes, which then necessitated the use of large retaining walls.
Now, they are asking for the elimination of these very large retaining walls as
requested by City Staff as they do not believe they conform to the Atascadero
General Plan, which calls for a more rural aspect for the western section of the
City.
Dennis Law, attorney for Castlerock, disputed the assertion that if a change is
made to a project an environmental review is required. It is his contention that the
law does not require an environmental review if there has been a change in a
project where there has been a prior certified EIR, as is the case here. Mr. Law
cited several appellate court decisions to support his position.
Mayor Arrambide recessed the hearing at 9:25 p.m.
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Mayor Arrambide called the meeting back to order at 9:37 p.m.
PUBLIC COMMENT
David Foote, FIRMA 849 Monterey Street, San Luis Obispo, author of the original
certified EIR, explained the EIR process and stated that he concurs with staff's
conclusions.
David Bentz, 10275 San Marcos Road, spoke as a private citizen. He stated there
is adequate evidence that there will be no significant negative impacts to this site,
but rather the impact will be more aesthetically pleasing than what the original plan
called for.
Chuck Holdridge, Board Director of the Chamber of Commerce, expressed their
support for the Planning Commission decision of June 4, 2002 in a prepared
statement read by Barbie Butz. (Exhibit C)
Ellen Bereau, 9608 Laurel Road, listed her concerns with the changes that are
being proposed on this site.
Joan O'Keefe stated that the changes to the project are of such a nature that they
require judgment and deliberation and are therefore discretionary; for this reason it
needs to be brought again before the public. Mrs. O'Keefe indicated that though
she has done extensive research on this project, she is unable to find justification
for the conclusions reached. She would like to see more information before a
decision is made that this proposal will have fewer impacts.
Dean Coker felt that a vast amount of information and great detail has been
provided on this project and, in the field through the use of third party monitors and
professional arborists, there will be another opportunity to insure that this project is
done right.
Mayor Arrambide closed the Public Comment period.
There was Council discussion and clarification by staff on several issues.
Council Member Luna stated he does not support staff's recommendation however,
he urged Council to require the owner of the property to sign an indemnification
agreement, as recommended by the City Attorney, if the Council approves the draft
Resolution.
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MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
,.y. Scalise to adopt draft Resolution thereby upholding the Planning
Commission's June 4, 2002 determination that the Phase 1
Road improvement Construction Permit is consistent with the 3-
F Meadows project EIR and Planned Development 11 .
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-032)
C. MANAGEMENT REPORTS:
1 . Fuel-Powered Remote-Controlled Model Boats on Atascadero Lake —
Revision to Municipal Code
■ Fiscal impact: $500.00 for necessary signs
■ Staff recommendation: Council introduce for first reading by title only, the draft
Ordinance amending Title 10, Parks and Recreation, Section 10-1.08, Motorboats, of
the Atascadero Municipal Code, relating to the operation of fuel-powered remote-
controlled boats on Atascadero Lake. [Community Services]
Community Services Director Brady Cherry gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Jim Hill, 8361 Santa Rosa Road, asked for clarification on staff's recommendation
and feels that what was done at Laguna Lake in San Luis Obispo would be
appropriate for Atascadero Lake.
Rick Mathews, Parks & Recreation Commission, shared his concerns with fuel-
powered boats and the noise they make.
Frank Kock, Parks & Recreation Commission, stated the Commission voted 6:0 to
ban these boats all together.
Pam Heatherington, Yesal Avenue, Executive Director Environmental Center, asked
the Council to do baseline testing to determine if there is MTBE contamination in
Atascadero Lake before a decision is made on this issue.
Russ James, 9470 Marchant Way, urged the Council to ban fuel-powered boats on
the lake. He feels because there is no inflow or outflow of water there is a greater
potential for pollution.
MOTION: By Council Member Luna and seconded by Council Member
Johnson to allow the meeting to continue past 11 :00 p.m.
Motion passed 5:0 by a voice vote.
fir'
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Barbara Combs, 9005 Lake View Drive, stated she has attended events at the
' Pavilion where the noise of the boats has disrupted the functions. She urged the
Council to ban the fuel-powered boats from the Lake.
Lon Allan, 6815 Santa Lucia, owner of an electric boat requested of Council, if it is
their intention to allow sail and electric boats to go anywhere on the lake, to so
designate that in the ordinance.
Barry Clark, 9215 Lakeview, provided Council with a demonstration of what 70
decibels sounds like.
Alan Thomas, 1680 Encino, San Luis Obispo, commended Mr. Cherry for trying to
bring the two sides of this issue together. However, Mr. Thomas stated that he
disagrees with the staff recommendation. He would like to see the City require a
license to operate a fuel-powered boat on the lake.
Gilda Williams, 8160 Santa Rosa Road, invited Council to sit on her deck and listen
to the boats on the lake.
Sandy Clark, 9215 Lakeview Drive, expressed her concern with the level of noise
produced by powerboats on the lake.
Mayor Arrambide closed the Public Comment period.
Council Member Johnson stated he doesn't feel this issue is ready for a Council
decision. He recommended this issue be returned to the Parks & Recreation
Commission.
Council Member Clay agreed that there needs to be more evaluation on this matter,
but suggested allowing the boats on the Lake during the interim.
Council Member Luna stated he agreed with Council Member Johnson and
suggested in the interim that the Council prohibit motor operated boats on the Lake
and issue a challenge to the City Attorney to write an ordinance that would
possibly allow these motorized boats and still preserve the tranquility of this
residential area, as directed in the new General Plan.
Mayor Pro Tem Scalise said she feels the lake is for recreation, but that the noise
issue is a valid one.
Mayor Arrambide indicated that the intrusion of sound on private property should
take precedence over the recreational use of the lake. He feels everyone in the
community can use the lake, but at the same time the Council should protect those
who live around the lake. He suggested that this matter should not be heard until
there is an effective ordinance and effective enforcement of the sound ordinance.
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MOTION: By Council Member Johnson to send this back to Parks and
Recreation to look at working with the boat owners to see if
there is a viable solution, and then come back with a
recommendation to Council.
Council Member Johnson withdrew his motion.
MOTION: By Council Member Luna and seconded by Mayor Arrambide to
declare a moratorium on fuel-powered model boats on
Atascadero Lake until the staff returns with a Noise Ordinance.
Motion passed 3:2 by a roll-call vote. (Clay & Scalise opposed)
Mayor Arrambide recessed the hearing at 11:37 p.m.
Mayor Arrambide reconvened the meeting at 11:40 p.m.
2. Solid Waste Collection Franchise Agreement - Amend to Include Automated
Green Waste and Recyclable Collection
■ Fiscal impact: None ($4.12 increase in monthly rate to the customer)
■ Staff recommendation: City council approve the Amendment Number Two to the Solid
err+" Waste Collection Franchise Agreement. [Public Works]
Public Works Director Steve Kahn gave the staff report and introduced Pat Higgins
of Atascadero Waste Alternative. Mr. Higgins explained the proposed increased
services and fees.
Bill Worrell, Integrated Waste Management, reviewed the proposed changes for
waste pickup and outlined the results of this type of program in other areas of the
county.
PUBLIC COMMENT
David Bentz, 10275 San Marcos Road, stated in his career he has negotiated over
50 solid waste contracts. He asked the Council not to amend the franchise
agreement.
Roberta Fonzi, 7880 Sinaloa Avenue, expressed her concerns with requiring
citizens to pay for green waste service even if they don't use it. She asked the
Council to study this issue further before implementing the program.
Tom O'Malley, 6650 Portola, told the Council he is opposed to the increased
services and increased fees.
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Daphne Fahsing, stated she is opposed to this increase. She is a single senior who
doesn't need weekly service and feels she shouldn't have to pay for it.
David Graham, 7350 Santa Ysabel, told the Council he participated in the pilot
program and really liked the larger containers. However, he agreed with some of
the earlier speakers in that it should be possible to select the services one needs
rather than being forced to accept them all.
Pam Heatherington, 7790 Ysal Avenue, stated that she recycles everything,
including green waste and rarely has a full trashcan. She asked that Council be
judicious in only charging those who actually use the green waste service.
Mayor Arrambide closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Johnson to direct staff to establish a workshop, inviting all
interested parties, to discuss all the issues of concern, and
return to the Council with the results.
Motion passed 5:0 by a voice vote.
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Clerk
a. Designation of Voting Delegate - League of California Cities' Annual
Conference
■ Fiscal impact: None
■ City Clerk recommendation: Council designate a voting representative and an
alternate who will be present at the Annual Business Meeting of the League of
California Cities' Annual Conference in October 2002 and direct the City Clerk to
inform the League of the designation.
This item was continued to the next City Council meeting.
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting as 12:25 p.m. to the next regularly
scheduled meeting on August 12, 2002.
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CLOSED SESSION:
1 . PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a.) Conference with legal counsel - Pending litigation (Govt. Code
Sec.54956.9)
Diamond v City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action taken.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City C rk
The following exhibits may be reviewed in the City Clerk's office:
Exhibit A - Joan O'Keefe, 9985 Old Morro Road East
Exhibit B - Joan O'Keefe, 9985 Old Morro Road East
Exhibit C - Chuck Holdridge, Atascadero Chamber of Commerce
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