HomeMy WebLinkAboutMinutes 021103 Approved February 25,2003
i9$ F Q 197s CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, February 11, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:00 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting and Closed
Session)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a) Conference with legal counsel - Existing litigation (Govt. Code
Sec. 54956.9 (a))
1 . Environmental Center of SLO v. City of Atascadero
b) Personnel: City Attorney (Govt. Code Sec. 54957.6)
3. Adjourn
4. CLOSED SESSION REPORT
Mayor Clay reported that City Attorney Roy Hanley received unanimous
support from the Council.
City Attorney Roy Hanley announced there was no reportable action on
a)1.
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REGULAR SESSION:
Mayor Clay called the meeting to order at 7:20 p.m., and Council Member Pacas
introduced Geremy Lopez from Boy Scout Troop #123 who led the Pledge of
Allegiance.
ROLL CALL:
Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Joseph
Modica
Staff Present: City Manager Wade McKinney, Assistant City Manger Brady
Cherry, Redevelopment Specialist John Jansons, Administrative
Services Director Rachelle Rickard, Public Works Director Steve
Kahn, Community Development Director Warren Frace, Information
Technology Director Andrew Fruin, Associate Planner Glenn Rider,
Police Lt. John Couch and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
Presentations to Jonelle Norton and Dennis Schmidt were continued to the next City
Council meeting.
1. Proclamation declaring February 25, 2003 "Spay Day USA"
Council Member Luna read the proclamation and Mayor Clay presented the
proclamation.
Alicia Moran, Director of Development and Operations for North County Humane
Society, thanked the Council for their support. She also explained the spay-neuter
program in Atascadero.
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2. San Luis Obispo County Housing Trust Fund - Anita Robinson, Steering
Committee Chairperson
■ Staff recommendation: City Council:
1. Support, in concept, the development of an affordable housing trust fund and agree to
work with the SLO Housing Trust Fund to develop a future dedicated revenue source,
and;
2. Do not provide financial support for start-up costs at this time. [City Manager]
Anita Robinson gave the presentation and answered questions of Council.
PUBLIC COMMENT
George Moreland, Housing Authority SLO, stated he has over 30 years of experience in
this field and he is excited about the Trust Fund and it's potential.
Roxanne Carr, Division President Mortgage House, thanked Anita for her presentation
and stated she supports the Housing Trust Fund.
Eileen Allan, Executive Director North County Women's Shelter and Resource Center,
member of the San Luis Obispo Supportive Housing Consortium and Steering
Committee for the Housing Trust Fund, and resident of Atascadero, explained to the
Council how important affordable housing is to the Women's Shelter's clients and asked
the Council to support the Trust Fund.
`ow Reed Harris, Vice President of Development Midland Pacific Homes, stated his support
for the Housing Trust Fund.
Ray Belgams, Member of the Housing Consortium and Atascadero resident, asked the
Council to support the Trust Fund and provide financial support.
Joanne Main, Executive Director Atascadero Chamber of Commerce, asked the Council
to support the Trust Fund.
Mayor Clay closed the Public Comment period.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas that the Council support in concept the development of
an affordable housing trust fund and agree to work with the
SLO Housing Trust Fund to develop a future dedicated
revenue source.
Motion passed 5:0 by a roll-call vote.
1*8011
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to direct staff to look for opportunities, as it prepared
the budget, for approximately $5,000 in start up costs for the
Housing Trust Fund, and to bring back those suggestions
when Council has its budget hearings.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Richard Hill, 8400 San Gabriel Road, asked to have the nuisance abatement complaint
for his property placed on a future Council agenda. He asked the Council to undue an
injustice that was done to his family. (Exhibit A)
Mayor Clay closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Clay asked the Council to discuss the filling of the vacancies on the Planning
Commission.
There was Council consensus to have staff bring back an action that would
`f'' implement the decision made at the Strategic Planning Session for filling
vacancies on the Recreation Commission and the Planning Commission.
A. CONSENT CALENDAR:
1. City Council Minutes — January 14, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of
January 14, 2003. [City Clerk]
2. City Council Minutes — Strategic Planning Workshop, January 28-29,
2003
■ City Clerk recommendation: City Council approve the City Council minutes of the
Strategic Planning Workshop held on January 28, 2003. [City Clerk]
3. City Treasurer's Report — December 2002
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for
December 2002. [City Treasurer]
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4. December Disbursements — December 2002 Accounts Payable &
Payroll
■ Fiscal impact: $1,825,377.92.
• Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for December 2002. [Administrative Services]
5. Community Redevelopment Agency Annual Report for Fiscal-Year
2001-2002
■ Fiscal impact: None.
■ Staff recommendation: Council review and accept the Community Redevelopment
Agency Annual Report for fiscal year 2001-2002. [City Manager]
6. Final Parcel Map 2002-0026 (Parcel Map AT 99-306) - [TPM 2000-0001]
10450 Morro Road (Thomas)
• Fiscal impact: None.
• Staff recommendation: Council accept Final Parcel Map 2002-0026 (Parcel Map AT
99-306) [Public Works]
7. Final Parcel Map 2002-0041 - (Tract 2453) - [TTM 2001-0013] 2750 EI
Camino Real (Gearhart/Wilson)
■ Fiscal impact: None.
■ Staff recommendations: Council:
1. Accept Final Parcel Map 2002-0041 (Tract 2453)
2. Reject offer of dedication for Public Utility Easement without prejudice to future
acceptance.
' 3. Authorize City Manager to execute Subdivision Agreement with Kelly Gearhart.
[Public Works]
8. Final Parcel Map 2002-0045 - (Tract 2479) - [TTM 2002-0017] 3200 EI
Camino Real (Gearhart/Wilson)
■ Fiscal impact: None.
■ Staff recommendations: Council:
1. Accept Final Parcel Map 2002-0045 (Tract 2479)
2. Reject offer of dedication for Street Purposes and Public Utility Easements
without prejudice to future acceptance.
3. Authorize City Manager to execute Subdivision Agreement with Kelly Gearhart.
[Public Works]
9. Zone Change 2002-0037 - Code Text Amendment of Planned
Development #11 (3F Meadows Fire Protection Standards)
(Castlerock Development)
■ Fiscal impact: None.
■ Staff recommendation: Council adopt, on second reading by title only, Ordinance No.
409 amending the fire protection standards of Planned Development#11.
[Community Development]
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10. 2002-2003 Annual Overlay Program - Bid No. 2002-007
■ Fiscal impact: $$6,000
■ Staff recommendation: Council:
1. Authorize Contract Change Order for $6,000 to Pavement Engineering, Inc. for
Inspection services.
2. Authorize Final Payment to Pavement Engineering, Inc. for Design and
Inspection services. [Public Works]
11. Acceptance of Proposals For Contract Plan Check Services - Bid No.
2002-010
■ Fiscal impact: Plan check contract will exceed $25,000 per year, paid by the building
plan check fee collected at time of permit submittal.
■ Staff recommendation: Council establish eligibility list and award contracts for plan
check services to California Code Check, Esgil Corporation, and Mike Whitaker.
[Community Development]
12. Final Parcel Map 2002-0036 — (ATAL 00-192)- [LLA 94005 ATAL 94-
0021 [LLA 2000-0005 ATAL 00-1921 3-F Meadows (3-F
Meadows/Shetler)
■ Staff recommendation: City Council:
1. Accept Final Parcel Map 2002-0036 (ATAL 00-192)
2. Reject offers of dedication for streets and the dedication of Lots A, B, and C, and
Open Space Easements without prejudice to future acceptance.
3. Authorize City Manager to execute a Performance Agreement with Castlerock
Development. [Public Works]
The following Consent Calendar Items were pulled:
Item #A-1 by Council Member O'Malley
Item #A-2 by Eric Greening
Item #A-11 by Council Member Scalise
Item #A-12 by Mayor Pro Tem Luna
Item #A-1: Council Member O'Malley referred to page 8 of the City Council Minutes of
January 14, 2003, Item #E-City Council, and stated that his request was actually to
have a member of the City Council attend Main Street Board meetings, and not to sit
officially on the Board. He asked the City Clerk to review the tape and correct the
minutes if necessary.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve Items #A-1, 3, 4, 5, 6, 7, 8, 9 and 10.
Motion passed 5:0 by a roll-call vote.
(pacas abstained on Items #A-5, 7 and 8)
(Item #A-7 Contract No. 2003-002, Item #A-8 Contract No. 2003-
003)
Item #A-2: Eric Greening, 7365 Valle, commented that the Minutes for the Strategic
Planning Workshop were short on substance and asked by what means and when the
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public could access the record of what was discussed. City Manager Wade McKinney
explained that the notes have been drafted and will be circulated as soon as they are
completed.
Item #A-11: Council Member Scalise asked for an explanation for the length of time
requested for the Plan Check Services. City Manager Wade McKinney stated that it
was an arbitrary assignment so that staff would have the opportunity to go back and
check prices; it can be done more often if Council would like.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve Items #A-2 and 11.
Motion passed 5:0 by a roll-call vote.
Item #A-12: Mayor Pro Tem Luna expressed his concerns regarding notification of the
public, and asked what procedures would apply to discrepancies in standards.
Community Development Director Frace addressed these issues.
PUBLIC COMMENT
Joan O'Keefe, 9985 Old Morro Road East, stated that the Master Plan of Development
does not comply with the mitigation requirements of the EIR for the project. She urged
Council to have the precise plans for the 20 lots, as they come in for approval, reviewed
by the Planning Commission and placed on the City Council Consent Calendar for final
approval.
Ellen Beraud, 9608 Laurel Road, asked if the Final Map being approved tonight is the
same map that was approved in 1995. She asked if staff could give a presentation for
the public's benefit.
Mayor Clay closed the Public Comment period.
Mayor Clay asked staff to give a brief presentation to clarify the final map in Item #A-12.
Mr. Frace gave a brief presentation on the Final Map and Master Plan process and
answered questions of Council.
PUBLIC COMMENT
Joan O'Keefe clarified her use of the term precise plan and stated that there is a
difference between a plot plan and a precise plan.
Mayor Clay closed the Public Comment period.
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MOTION: By Council Member Scalise and seconded by Mayor Pro Tem
Luna to accept the final parcel map 2002-003, and to reject the
offers of dedication for streets and the dedication of Lots A, B,
and C, and Open Space Easements without prejudice to future
acceptance, and to Authorize City Manager to execute a
Performance Agreement with Castlerock Development.
Motion passed 5:0 by a roll-call vote.
Mayor Clay recessed the hearing at 8:43 p.m.
Mayor Clay called the meeting back to order at 8:54 p.m.
B. PUBLIC HEARINGS:
1. Zone Change 2002-0031 / Conditional Use Permit 2002-0089 /
Tentative Tract Map 2002-0015 (#2460) — 9105 & 9127 San Diego Road
(Mehring /Twin Cities Surveys)
■ 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 dwelling.
• Planning Commission recommendations:
1. Adopt Draft Resolution A, certifying proposed Negative Declaration 2002-0046
prepared for Zone Change 2002-0031 and Tentative Tract Map 2002-0015; and,
2. Introduce Draft Ordinance A, for first reading by title only, to approve Zone
Change 2002-0031; and amend the City's Zoning Map to add a PD-16 overlay
district to the project area.
3. Adopt Draft Resolution B, approving the Conditional Use Permit 2002-0089, a
Master Plan of Development for the project site consistent with PD-16; and,
4. Adopt Draft Resolution C, approving Tentative Tract Map 2002-0015, a request
to subdivide a 10-acre and a 4-acre lot into five parcels; three at 2.69 acres, one
at 2.93 acres, and one at 3.03 acres, all acreages gross, based on findings and
subject to conditions. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Will Mehring, applicant, thanked staff for their presentation and explained to the Council
his concerns with the Planning Commission's recommendations.
Mayor Clay closed the Public Comment period.
Council Member Scalise expressed concern regarding what appears to be a
discrepancy between what the Planning Commission recommended regarding the open
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space easement and what has been presented to Council this evening. She
recommended tabling this item until there is clarification.
MOTION: By Council Member O'Malley and seconded by Council
Member Pacas to adopt Draft Resolution A, certifying
proposed Negative Declaration 2002-0046 prepared for Zone
Change 2002-0031 and Tentative Tract Map 2002-0015; and,
introduce Draft Ordinance A, for first reading by title only, to
approve Zone Change 2002-0031 and amend the City's Zoning
Map to add a PD-16 overlay district to the project area; and,
adopt Draft Resolution B, approving the Conditional Use
Permit 2002-0089, a Master Plan of Development for the project
site consistent with PD-16; and, adopt Draft Resolution C,
approving Tentative Tract Map 2002-0015, a request to
subdivide a 10-acre and a 4-acre lot into five parcels; three at
2.69 acres, one at 2.93 acres, and one at 3.03 acres, all
acreages gross, based on findings and subject to conditions;
and adopting staff recommendation of open space easement
to be expanded to cover the entire frontage of lot #5, which is
approximately one acre.
Motion passed 5:0 by a roll-call vote. (Draft Resolution A-
Resolution No. 2003-001, Draft Resolution - B Resolution No.
2003-002, Draft Resolution C - Resolution No. 2003-003)
C. MANAGEMENT REPORTS:
1. Mid-Year Budqet Review
■ Fiscal impact: Revenue Increase$130,000, Additional Appropriations of $90,000.
■ Staff recommendation: Council adopt the attached draft Resolution amending the
2002-03 Budget. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Eric Greening asked if there is a schedule for budget preparation.
City Manager Wade McKinney stated he expected the State budget to be adopted after
the City adopts its budget.
Mayor Clay closed the Public Comment period.
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to adopt the draft Resolution amending the 2002-03
Budget.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-004)
2. Atascadero Road Proqram
■ Fiscal impact: $40,000.00 funded from Public Works Street Maintenance Operating
Supplies and Contract Services accounts. $50,000 for Assessment District creation
(in FY 2002-2003 budget).
■ Staff recommendations: City Council:
1. Receive an updated report on the Atascadero Road Program.
2. Review the Local Road Priority List and direct staff on the spring of 2003 Local
Road paving.
3. Direct Staff on the Assessment District formation process. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of the
Council.
PUBLIC COMMENT
Daphne Fahsing, asked about the status of Portola Road from Morro Road to San
Marcus. She asked that it be added to the list.
Ray Belgams indicated that her street, Ensenal, was included and she would favor the
second assessment while going for the first.
Larry Kosnik, Cortina Street, stated the residents of his street have signed a petition and
asked to be included in the process of forming an assessment district.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to receive the updated report on the Atascadero Road
Program and the review process of the local priority list, and
to direct staff to move forward to the next phase on the
assessment districts.
Motion passed 5:0 by a roll-call vote
VMW
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MOTION: By Council Member Pacas and seconded by Council Member
O'Malley to adopt the recommended Assessment District
alternatives as follows:
1. Maintain the current policy, not accepting the roads for
maintenance and requiring that a second assessment
district be passed to take care of future maintenance. The
City would receive the funds and be responsible to
complete the maintenance. The cost to the property owners
would not be very high since little maintenance would be
required for the first six years and maintenance, when done
on a regular basis, is not expensive; and,
2. Do not accept the roads for maintenance and do not require
that a second Assessment District be passed to take care
of future maintenance. The roads would not be maintained
once the improvements are complete, unless the owner
provided the maintenance in the future.
Motion passed 5:0 by a roll-call vote.
D. COMMITTEE & LIAISON REPORTS:
Mayor Clay
1. County Mayor's Round Table: Officials from the League went over the State's budget
problems and made suggestions. Atascadero will be hosting the Mayor's Round Table in
June.
Mayor Pro Tem Luna
1. Integrated Waste Management Authority (IWMA): Staff will be coming forward on the next
agenda with the proposal to make the IW MA the Local Enforcement Agency.
Council Member Scalise
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA):
SLOCOG is still trying to determine what State monies and Federal opportunities may exist.
It was decided to have SLOCOG meetings broadcast on cable.
Council Member O'Malley
1. Air Pollution Control District (APCD): Will be having an orientation meeting for new
members.
2. Economic Vitality Corporation, Board of Directors (EVC): There is a good loan guarantee
program that benefits local businesses; he hopes to do an extended report on this in the
future.
Council Member Pacas
1. Atascadero Youth Task Force: The Assistance League of SLO County hosted a fundraiser
last weekend, and Council Member Pacas congratulated the Assistance League on the work
it is doing to help local youth. She listed several other upcoming events to benefit local
youth.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Scalise asked what the status is with the issue of prayer at
Council meetings.
There was Council consensus to have staff bring this item back for a future
meeting.
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 10:02 p.m. to the next regularly scheduled
meeting on February 25, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk()
The following exhibits are available for review in the City Clerk's office.
Exhibit A — Prepared statement, Richard Hill
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