HomeMy WebLinkAboutMinutes 041304Approved May 11, 2004
CC Minutes 04/13/04
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, APRIL 13, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION – None
2. Call to Order
a. Conference with labor negotiator (Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-
Management/Professional, Confidential, Atascadero
Firefighters, Service Employees Intl. Union Local 620,
Atascadero Police Assoc.
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced that no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:04 p.m. and Council Member Pacas led the
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Pledge of Allegiance.
Mayor Luna spoke about Sgt. Michael Mitchell who was recently killed in action in Iraq
and asked those present to stand and join him in a moment of silence in Sgt. Mitchell's
memory.
ROLL CALL:
Present: Council Members Clay, O’Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and Deputy City Clerk Grace
Pucci
Staff Present: City Manager Wade McKinney, Administrative Services Director
Rachelle Rickard, Community Development Director Warren Frace,
Public Works Director Steve Kahn, Acting Police Chief John Couch,
Fire Chief Kurt Stone, Deputy Community Development Director
Steve McHarris, Deputy Public Works Director Geoff English,
Redevelopment Specialist Marty Tracey, Associate Planner Kelly
Gleason, and City Attorney Roy Hanley.
COMMUNITY FORUM:
Jenny Corn spoke about the Council Decision to add five units on Ferrocaril, and the
conditions attached to that project. She contends those conditions have not been met
and spoke about additional problems with the project including a house that has been
started without permits or inspections.
Mayor Luna asked staff to address Ms. Corn’s allegations. Community Development
Director Warren Frace stated the pad was poured without permits and has been red
tagged.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Mayor Luna to
approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS: None
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A. CONSENT CALENDAR:
1. City Council Meeting Minutes – March 9, 2004
City Clerk recommendation: Council approve the City Council minutes
of the meeting of March 9, 2004. (City Clerk)
2. February Disbursements – February 2004
Fiscal Impact: $1,207,232.73
Staff recommendation: Council approve certified City accounts
payable, payroll and payroll vendor checks for February 2004.
(Administrative Services)
3. City Treasurer’s Report – February 2004
Fiscal Impact: None
Staff recommendation: Council approve City Treasurer’s report for
February 2004. (City Treasurer)
4. Funding Administration and Project Coordination Services Contract
Bid No. 2004-003
Fiscal Impact: Funding for Funding Administration and Project
Coordination Services will be provided from the specific project work is
provided for.
Staff recommendation: Council authorize the City Manager to execute
a contract with Kathleen Pence for Funding Administration and Project
Coordination Services. (Public Works)
5. Zone Change 2003-0076, Change of 0.15 Acres of Commercial Retail
(CR) to Residential Multi-Family (RMF-10) Zoning District (5245 El
Camino Real / Stan Sherwin)
Fiscal Impact: The project would have no impact on City revenues as
the two proposed residential units replace two recently demolished
residential units.
Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2003-0076 based on
findings. (Community Development)
6. Single Family Plan Development Zone Change 2002-0036 - 7755
Navajo Ave (Huckobey/Emrich)
Fiscal Impact: The project would likely have a slight negative impact
on City revenues. As a general rule, single-family dwelling require
services that exceed the revenue generated by the dwelling.
Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2002-0036 based on
findings. (Community Development)
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7. Facility Use Agreement – Alvord Field Babe Ruth Baseball
Fiscal Impact: None
Staff recommendation: Council authorize the City Manager to execute
a Facility Use Agreement with Atascadero Babe Ruth Baseball for the
use and upkeep of Alvord Field. (Community Services)
8. Atascadero Lake Boat Concessions Agreement Extension
Fiscal Impact: None.
Staff recommendation: Council authorize the City Manager to execute
an Amendment extending the Agreement with Lloyd Reeves the
Atascadero Lake Boat Rental Concessions Agreement one additional
year. (Community Services)
Council Member O’Malley announced he would be stepping down from consideration of
Item #A-5, as he owns property near the project.
Mayor Luna pulled Item #A-6.
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to approve Items #A-1, 2, 3, 4, 7 and 8.
Motion passed 5:0 by a roll-call vote. (Item #A-4 Contract No.
2004-005, Item #A-7 Contract No. 2004-006)
MOTION: By Council Member Clay and seconded by Council Member
O’Malley to approve Item #A-6.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Ordinance No. 446)
Council Member O'Malley stepped down.
MOTION: By Mayor Luna and seconded by Council Member Clay to
approve Item #A-5.
Motion passed 4:0 by a roll-call vote. (Ordinance No. 445)
Council Member O’Malley rejoined the hearing.
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B. PUBLIC HEARINGS:
1. Single Family Planned Development Zone Change 2003-0065 - Master
Plan of Development (CUP 2003-0113) Vesting Tentative Tract Map
2003-0038 (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.
Planning Commission recommendations: Council:
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2004-
0006; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0065 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0113) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0038, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. (Community Development)
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, applicant’s representative, spoke about the
project and indicated the applicant was in agreement with the staff report with the
exception of the existing block retaining wall, which he feels provides a connecting
feature for the corner. He requested leniency regarding widening the road with concrete
curb and gutter, which he feels does not fit in with the neighborhood, and relocating the
wall. Mr. Thompson answered questions of Council.
Council Member Clay indicated he preferred one unit be set aside as affordable rather
than paying in-lieu fees.
Rodney Madruga, applicant, suggested that if Council were willing to compromise on
the retaining wall issue he would designate one unit as moderate.
Jenny Corn asked what the negative declaration per unit is costing the City.
Mayor Luna closed the Public Comment period.
City Manager Wade McKinney explained the negative declaration and indicated the cost
is completely covered by the fee, with no cost to the City.
There was Council discussion regarding the applicant's request on the curb and gutter
condition and the retaining wall. The applicant and his representative answered further
questions of Council.
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MOTION: By Council Member O'Malley and seconded by Council Member
Pacas to adopt the staff’s original recommendation with a
modification of Conditions No. 12 and 44 that it be at the discretion
of the developer.
Council Member Clay asked if the requirement of an affordable unit could be added to
the motion.
The maker and second declined Council Member Clay's suggestion.
MOTION: By Council Member O’Malley and seconded by Council
Member Pacas to adopt Resolution A, certifying Mitigated
Negative Declaration 2004-0006; and, introduce for first
reading, by title only, draft Ordinance A approving Zone
Change 2003-0065 based on findings; and, adopt draft
Resolution B approving the Master Plan of Development (CUP
2003-0113) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and, adopt draft
Resolution C approving Vesting Tentative Tract Map 2003-
0038, based on findings and subject to Conditions of Approval
and Mitigation Monitoring with the modification to Conditions
of Approval No. 12 and 51 to be at the discretion of the
developer.
Motion passed 4:1 by a roll-call vote. (Clay opposed) (Item #B-
1.1 Resolution No. 2004-031, Item #B-1.3 Resolution No. 2004-
032, Item #B-1.4 Resolution No. 2004-033)
Mayor Pro Tem Scalise indicated for the record that she was voting for the motion, but
was not happy with the requirements, which she feels are inconsistent with the
character of neighborhood.
C. MANAGEMENT REPORTS:
1. General Plan Policy Review Hillside Preservation Goals and Policy
Fiscal impact: None
Staff recommendation: Council to provide direction. (Community
Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
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PUBLIC COMMENT
Eric Greening stated that he would not agree with changing this policy, and asked about
sedimentation into waterways. His concerns included: new structures could be
constructed on exiting lots where they would not have to meet the slope test, tree cover
impacts and impacts to roads.
Cindy Sazier was concerned that if rules continue to change, how can residents make
decisions. She feels there is a lack of consideration for residents.
Kevin Ashley stated his concern that any changes made will cost the City money.
Andy Needles spoke about the notification process and stated he did not receive
notification on a project in his neighborhood. He asked what recourse he would have.
Eric Greening stated that when talking about increasing density on the difficult lots, it
becomes expensive and no longer relates to infill or affordable units.
Mayor Luna closed the Public Comment period.
Mayor Luna asked staff to address questions raised during the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
O’Malley to take no action on this item.
Motion passed 5:0 by a voice vote.
2. City Council Policy Hillside Grading Guidelines
Fiscal impact: None
Staff recommendation: Council approve the attached Hillside Grading
Guidelines. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Eric Greening stated several concerns with the guidelines including: no guidelines on
location of driveways, additional impacts to sedimentation from cut and fill, difficulties re-
vegetating cut and fill lots, mitigations are mute on lots with significant tree canopy, and
mitigation fees should be paid rather than replanting due to lack of space.
Richard Shannon questioned at what percentage of slope does this begin. Community
Development Director Frace stated that generally this would apply on slopes above 10
percent.
Ellen Beraud felt these guidelines should apply to slopes of 20 percent or less.
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Mayor Luna closed the Public Comment period.
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to approve the attached Hillside Grading
Guidelines, modified to allow use of a combination of the two
approaches.
Motion passed 5:0 by a roll-call vote.
Mayor Luna recessed the hearing at 8:56 p.m.
Mayor Luna called the meeting back to order at 9:07 p.m.
3. City Council Policy Mixed Use Development Processing
Fiscal impact: Potentially significant. Retail sales tax is one of the
City’s largest sources of general fund revenues. Conversion of retail
commercial land to residential has the potential to increase City service
costs and decrease future sales tax revenues. The Prime Commercial
map is proposed to mitigate the potential negative fiscal impacts of
mixed-use development.
Staff recommendations: Council:
1. Approve the attached Mixed Use Development processing policy;
and
2. Adopt the attached Prime Commercial site map. (Community
Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Council Member O’Malley asked the City Attorney to clarify whether he could consider
this item given he owns two pieces of commercial property within the City. City Attorney
Hanley addressed the issue and indicated that Council Member O’Malley could
participate in this item.
PUBLIC COMMENT
Casey Bryson, President of Atascadero Firefighters Association, spoke in favor of
vertical mixed use in downtown corridor. He read from a letter written by the
Atascadero Firefighters Association discouraging rezoning commercial properties to
residential use.
Terry O’Farrell, President Atascadero Police Officers Association, read from a letter to
the City Manager disagreeing with rezoning commercial properties to residential as it
discourages financial opportunities within the City.
Carol Florence, Oasis Associates, asked how to process a project when it fits into both
horizontal and vertical use.
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Rick Matthews discussed a project utilizing horizontal mixed use that he is developing in
Atascadero. He spoke on the benefits of this project to the City and to the
neighborhood in which it will be built.
Eric Greening agreed with public safety issues raised by first two speakers. He was
concerned with horizontal mixed use, and questioned how putting residential in the
middle of a commercial zone is not spot zoning. He supports vertical mixed use in
appropriate areas especially where it creates pedestrian friendly areas.
John Knight, planner with RRM Design Group, spoke about a horizontal mixed-use
project they are developing, made several suggestions for the proposed policy, and
asked that their project be considered separately on its merits. Mr. Knight asked
Council to remove the prime commercial zoning on this site, designated as Site No. 9 in
the staff report.
Victor Montgomery, with the use of the overhead projector, spoke about a project he is
involved in with RRM Design Group. He gave a history of the site and spoke about its
appropriateness for removal of the prime commercial designation. (Exhibit A)
Joel Clay, Chairman of the Legislative Committee for the Chamber of Commerce, stated
the Chamber's concern about a net loss for commercial properties. They support
vertical mixed use and flexibility when developers are willing to commit to projects.
Designating a site as prime commercial takes away opportunities for other uses on the
site.
Russ Thompson spoke about the prime commercial designation on Site No. 2, stating
this area is fractured and he is concerned about the viability of his client's parcel within
this prime commercial zone. Mixed use would allow his client to better utilize his
property.
Bill White representing the Atascadero Firefighters Association referenced the Dove
Creek project and stated their position is that more prime commercial should be
designated on that site.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to approve staffs' recommendation on the Mixed
Use Development processing policy.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to adopt staff recommendations on Prime
Commercial, all items excluding Site No. 9.
Motion passed 5:0 by a roll-call vote.
There was Council discussion on Site No. 9.
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Mayor Luna stated he would follow the staff recommendations and that there should be
no loss of prime commercial.
Council Member Clay indicated he would prefer to not address Site No. 9 at this time,
and let the applicant bring their project forward first.
Council Member O’Malley suggested giving the opportunity for someone to do a project
that would generate revenue at this site. He would support postponing this decision for
several months and then the site would go to prime commercial if no project comes
forward.
MOTION: By Mayor Luna and seconded by Council Member Pacas to
designate Site No. 9 as Prime Commercial.
Motion failed 2:3 by a roll-call vote. (Clay, O’Malley, Scalise
opposed)
4. Recycling and Green Waste Processing
Fiscal impact: Both offers would add funds to the General Fund of the
City.
North County Recycling offer of approximately $1,200.00/month.
Atascadero Waste Alternatives (AWA) offer of $2,000.00/month
Staff recommendations: Council:
1. Authorizes the City Manger to execute a contract with North
San Luis Obispo County Recycling Inc. for the handling and
processing of recycling and green waste.
2. Direct AWA to deliver all recycling and green waste to the North
San Luis Obispo County Recycling Inc. facility.
Public Works Director Steve Kahn presented the staff report and answered questions of
Council.
PUBLIC COMMENT
Brad Goodrow, North County Recycling, spoke about his business and its history in
recycling. Mr. Goodrow answered questions of Council.
Steve Cassulo, District Manager for Atascadero Waste, spoke in support of removal of
waste from their facility, and of their plan to take all recycle material off their base yard
to a buy back facility in Paso Robles. He asked for more time to finish their plan of
operation. Mr. Cassulo answered questions of Council. (Exhibit B)
Steve Rossi, owner of Rossi Transport, expressed his concern that no one has paid
attention to the quantity of green waste involved. He would like to see this material
composted 100% and returned to the community.
Michael Frederick, partner in North County Recycling, stated their facility was built by all
local companies, and currently employs 15. If they are awarded the contract they will
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have jobs for 30 plus employees, and all money made here will stay here in the
community.
Rene Kohlman, North County Recycling, spoke about the company and how the
process works.
Kristen Levach, Executive Director NCI Affiliates, spoke on behalf of North County
Recycling who has offered job opportunities to their clients. She urged Council to award
the contract to North County Recycling.
MOTION: By Council Member Clay and seconded by Council Member
O’Malley to go past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas, Scalise
opposed)
Russ Hicks, Operation Manager with Waste Management Facility in Santa Maria, gave
the background of their proposal to the City. They cannot move forward with getting
another site until they get the City’s consent.
Steve Cassulo stated his facility would create job positions as well.
Mayor Luna closed the Public Comment period.
Mayor Pro Tem Scalise suggested a compromise to allow both companies to participate
and share the green waste.
PUBLIC COMMENT
Brad Goodrow explained why he has gone into the composting business and stated he
has a competitive price for green waste.
Steve Cassulo stated he would oppose splitting the green waste because his rate
structure is different from that of North County Recycling.
Steve Rossi explained why his rates have gone up and emphasized that the Council
must stipulate that the green waste is composted 100%.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Luna to continue this item to the City Council meeting of
May 11, 2004.
There was no second to Mayor Luna's motion.
MOTION: By Council Member O’Malley and seconded by Mayor Pro Tem
Scalise to authorize the City Manager to execute a contract
with North San Luis Obispo County Recycling Inc. for the
handling and processing of recycling and green waste, and
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direct Atascadero Waste Alternatives (AWA) to deliver all
recycling and green waste to the North San Luis Obispo
County Recycling Inc. facility with the stipulation that all green
waste be completely composted.
Motion passed 5:0 by a roll-call vote. (Contract No. 2004-007)
D. COMMITTEE & LIAISON REPORTS:
Mayor Luna
1. County Mayor's Round Table: Will ask Board of Supervisors to raise the
sales tax by a half cent.
Mayor Pro Tem Scalise
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): Atascadero will be getting and additional $78,000 this year for a
total of approximately $961,000.
Council Member Pacas
1. Atascadero Youth Task Force: Children's' day in Park will be May 15th, and
on April 24th the Central Coast Monster Skate Park Series will be in
Atascadero.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Council Member O’Malley appreciated the progress made with PD-7 and hillside
development, and suggested taking time at the next strategic planning session to look
at PD-7’s.
There was Council consensus to look at PD-7's at the next strategic planning
session.
2. City Manager
City Manager McKinney spoke about the issue of the Master Plan for the Sunken
Gardens, and indicated there should be a discussion between the City and Main Street
that Main Street either buy the Sunken Gardens from the City or the Council should give
them permission to master plan it.
Mayor Pro Tem Scalise suggested having a discussion on this item during a
Redevelopment Agency meeting.
There was Council consensus to discuss this item at a Redevelopment Agency
Meeting.
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F. ADJOURNMENT:
Mayor Luna adjourned the meeting in the memory of Sgt. Michael Mitchell at 11:23 p.m.
to the next regularly scheduled meeting of the City Council on April 27, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
______________________________________________
Grace Pucci, Deputy City Clerk
The following exhibits area available for review in the City Clerk's office.
Exhibit A – Victor Montgomery, overhead presentation
Exhibit B – Steve Cassulo, handout to Council