HomeMy WebLinkAboutMinutes 022895Fj
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Agenda Item: A-2
Meeting Date: 03/14/95
ATASCADERO CITY COUNCIL
FEBRUARY 28, 1995
MINUTES
The Mayor called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Highland, Johnson, Luna and
Mayor Bewley
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCain, Fire Chief; Lt. Bill
Watton, Police Department; Steve Sylvester, City Engineer;
John Neil, Assistant City Engineer and Steve DeCamp, City
Planner
COUNCIL COMMENTS:
Councilman Luna requested support for Senator Jack O'Connell's bill, SB 1 X, relating
to disaster relief funding. Staff was directed to bring the matter back at the next
regular Council meeting.
Councilman Highland asked staff to bring back the sewer hook-up ordinance for
consideration of a distance limitation for required hook-up. Staff will bring the matter
back at a future Council meeting.
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PROCLAMATION:
Mayor Bewley read the proclamation for "Arbor Day", March 7, 1995 and presented
it to Bruce Bonifus of the Atascadero Native Tree Association. Mr. Bonifus invited all
to attend the Arbor Day celebration planned for March 11, 1995 at the Lake Park
Pavilion and provided a summary of the day's events.
SPECIAL PRESENTATIONS:
o Special Presentation to City Council by Atascadero Mutual Water Co.
Grigger Jones, Atascadero Mutual Water Company President, Board Member Leroy
Davis and Ken Weathers, Executive Manager, presented a framed 1912 topographical
survey map with overlay to the City Council. Mr. Jones indicated that the map was
on loan from the Water Company and asked that the City Council display it proudly.
O Special Presentation to Jim Rodger for 8 years service on Citizens
Transportation Advisory Committee
Mayor Bewley read and presented to Jim Rodger of Atascadero a framed resolution
of the San Luis Obispo Council of Governments recognizing his service on the Citizens
Transportation Advisory Committee.
COMMUNITY FORUM:
Rush Kolemaine, Potrero Road resident, announced a DeAnza Trail celebration would
be held on Saturday, March 4 at the Wranglerette Arena.
William Zimmerman, Lomitas Road resident, requested that the City Council reconsider
recent action creating a No Parking Zone next to Atascadero Lake.
Rush Kolemaine read a letter to the City Council dated February 25, 1995 alleging
Brown Act violations relating to the February 21, 1995 Planning Commission meeting.
Mr. Kolemaine asserted that the agenda had not been posted pursuant to State Law.
The City Clerk provided a report on posting practices and assured the City Council
that the Planning Commission agenda had been posted accordingly.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - January 24, 1995
City Clerk recommendation: Approve
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2. NORTH COUNTY SUMMIT MINUTES - January 31, 1995
City Clerk recommendation: Approve
3. FINANCE DIRECTOR'S REPORT - December, 1994
Staff recommendation: Review and accept
4. CITY TREASURER'S REPORT - January, 1995
Staff recommendation: Review and accept
5. RESOLUTION NO. 17-95 - Demanding that the Orange County Board of
Supervisors accept responsibility for the Orange County Investment Pool
bankruptcy and that it return 100% of the deposited funds to the City of
Atascadero and all other pool investors
Staff recommendation: Adopt
6. RESOLUTION NO. 12-95 - Communicating concerns regarding the Public
Utilities Commission's deregulation of electricity
Recycling Committee recommendation: Adopt
7. RESOLUTION NO. 06-95 - Authorizing the City Manager to sign a quitclaim
deed releasing claims against excess right-of-way (Hoff --W. Mall/EI Camino Real
signal)
Staff recommendation: Adopt
8. RESOLUTION NO. 16-95 - Authorizing the execution of an agreement with
Kuentzel, Henderson and Associates for architectural design services for the
Atascadero Youth Recreation Center Renovation Project
Staff recommendation: Adopt
Councilman Johnson pulled Item #A-5. Eric Greening pulled Items #A-1 & 5.
MOTION: By Councilman Luna, seconded by Councilman Highland to
approve the Consent Calendar Items #A-2, 3, 4, 7 & 8; motion
passed 5:0 by roll call vote.
Re: Item #A-1.CITY COUNCIL MINUTES - January 24, 1995
City Clerk recommendation: Approve
Eric Greening questioned the meeting date noted in the Council of Governments
Committee Report on page 9. Councilman Carden corrected the date. Councilman
Highland noted a name change on page 5.
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MOTION: By Councilman Johnson, seconded by Councilman Luna to
approve the Minutes, as amended; motion approved unanimously.
Re: Item #A-5. RESOLUTION NO. 17-95 - Demanding that the Orange County
Board of Supervisors accept responsibility for the Orange County Investment
Pool bankruptcy and that it return 100% of the deposited funds to the City of
Atascadero and all other pool investors
Staff recommendation: Adopt
Eric Greening noted that he had pulled this item to voice his support.
MOTION: By Councilman Luna, seconded by Councilman Highland to adopt
Resolution No. 17-95; motion carried unanimously.
Re: Item #A-6. RESOLUTION NO. 12-95 -Communicating concerns regarding the
Public Utilities Commission's deregulation of electricity
Recycling Committee recommendation: Adopt
Councilman Carden stepped down due to a possible conflict of interest. Councilman
Johnson suggested that the word, "protection" in the last paragraph of the resolution
be changed to "consideration". There was consensus to amend the resolution as
proposed.
MOTION: By Councilman Johnson, seconded by Councilman Luna to adopt
Resolution No. 12-95; motion passed 4:0.
Public Comments:
Mike Cassiday, San Benito Road resident, indicated that he was representing a group
of Pacific, Gas & Electric (PG&E) employees who wished to talk to the City Council
about the realities of the Public Utility Commission's decision to de -regulate electricity.
Councilman Luna explained that the purpose of this resolution is to address corres-
ponding impacts upon the ability to comply with State mandates relative to recycling)
and solid waste reduction. He assured the speaker that the City Council was not
specifically dealing with PG&E or the issue of de -regulation. The City Clerk noted that
a full copy of the resolution was available on the back table for review.
North River Road resident Charles R. Strong commended the City for its cost recovery
program that allows the City to collect fees from PG&E for emergency personnel
stand-by during electrical emergencies.
---End of Public Testimony ---
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Councilman Carden returned to the dias.
B. PUBLIC HEARINGS:
1. 3-F MEADOWS RANCH DEVELOPMENT
A. Final Environmental Impact Report - Consider certifying that the EIR is
adequate and in full compliance with CEQA
Planning Commission recommendation: Certify
B. Ordinance No. 286 - Amending the Zoning Ordinance text and map to
establish a Planned Development Overlay Zone No. 11 for this 802 -acre
project
Staff recommendation: (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by title only
C. Resolution No. 14-95 - Summarily vacating a portion of a road pursuant
to Streets & Highways Code; Part 3, Public Streets, Highways and
Service Easements Vacation Law; Chap. 4, Summary Vacation; 8330
(being portions of San Marcos, Cholare, Escabrosa, San Felipe, San
Cayetano and Madrone Roads)
Staff recommendation: Adopt
D. Lot Line Adjustment 94-005 - Changing 114 residential lots and 1 water
tank lot to 111 residential lots, 3 open space lots and 1 water tank lot
Staff recommendation: Approve
Steve DeCamp, City Planner, presented the staff report and recommendations. He
submitted a revised map to Resolution No. 14-95 (see Exhibit A). Consultant David
Foote, SEDES, provided an overview of the Final Environmental Impact Report.
Fire Chief Mike McCain expressed gratitude to the applicants for cooperation with the
City in designing the development. Councilman Luna also voiced appreciation and
noted that the development as proposed is a much better project than what had been
presented five years ago.
Council comments followed regarding proposed walking paths along Laurel and
Cenegal (Condition #F-11). There was mutual Council concern regarding pedestrian
safety and pathway design. John Neil responded to questions.
Discussion ensued regarding a site for a radio repeater station. Steve DeCamp
reported that the Davis Family Trust is willing to dedicate a site for the repeater
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station but noted that staff is reluctant to recommend a Condition of Approval at this
time because there is no site yet determined suitable. Chief McCain indicated that a
prime location on San Marcos Road has been approved by the Atascadero Mutual
Water Company Board of Directors but reported that the City does not have the funds
to construct the facility.
Public Comments:
Dan Lloyd, representing the applicants, expressed appreciation to staff for accessibility
and professionalism. He also thanked the Atascadero Homeowners Association for
their cooperation and input into the design process. Mr. Lloyd spoke in support of the
project and asked for approval of the staff recommendations and proposed
substituting a Class II base material instead of the decomposed granite referenced in
Condition #F-1 1 (pathways). He also confirmed that the applicants were willing to
work with the City in locating a site for a radio repeater station and are committed to
restricting second unit dwellings.
Don Saueressig, 10735 San Marcos Road, recommended that the City identify a site
in the development for a radio repeater station and make it a part of the Conditions
of Approval. He emphasized that prospective buyers deserve to know in advance
where the repeater station is going to be located in the future. The speaker also
asked whether or not the City has a communications plan. The Fire Chief later noted
that the City has an excellent Communications Plan, but noted that funds are not
available.
Eric Greening, 7365 Valle, commented that the project design was well thought-out
and the EIR was exemplary. He added that he hopes that the project and the EIR will
become a standard by which others are judged.
Bob Lilley, 11850 San Marcos Road, shared concerns regarding access into the
development and remarked that he would have preferred to see the access to project
via Highway 41.
Lindsay Hampton, on behalf of the Atascadero Homeowners Association, read a
prepared statement in support of the project (See Exhibit A).
Ann Holly, 9665 Laurel Road, urged the Council not to accept the EIR as adequate
because it does not recommend appropriate mitigation measures. Art Montandon and
David Foote responded to questions the speaker had regarding the road abandonment.
Gordon Edmonds, 9747 Laurel Road, commented that he had some serious concerns
regarding safety and disputed estimated average daily trip numbers as presented in
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the EIR. He asserted that a bridge over Graves Creek connecting Laurel Road and San
Lucia is the obvious solution and urged Council to consider it.
Doug Conner, 12170 Cenegal Road, also expressed support for a bridge solution and
voiced concern for the safety of approximately 47 children in the existing subdivision.
He suggested that walking paths be clearly separated from the roadway.
Marcia Torgerson, 6200 Llano Road, read a prepared statement (see Exhibit B) in
support of the project.
Gail Swazey, Laurel Road resident, commented that she was concerned that there
may be unforeseen drainage problems after homes are built on the hilltops. She also
spoke in favor of a bridge solution and proposed that construction be paid for by lot
assessment.
Gordon Edmonds, speaking once more, reiterated that a bridge is the right solution to
alleviating traffic impact to the neighborhood.
Dan Lloyd, applicant's representative, addressed some of the comments made by the
public. He indicated that although he was willing to discuss a bridge solution, the EIR
did not identify a significant impact and felt that a bridge was not warranted. He
commented that he believed concerns regarding the pedestrian link can be addressed
through ample improvements, road widening for consistency and Class it base material
construction. Councilman Luna asked the speaker if there were any conditions the
applicants were uncomfortable with. Mr. Lloyd indicate that there were none and
added that the applicants are willingly to incorporate all approved conditions.
---End of Public Testimony ---
Staff responded to questions from members of the City Council regarding on-site road
improvements and trip analysis. Individual Council comments followed.
Councilman Johnson suggested that the pavement on Laurel and Cenegal Roads be
striped and encouraged neighborhood input in the design of the pedestrian walkway.
He added that staff should carefully monitor the traffic situation and consider,
including in the Capital Improvement Plan (CIP) a bridge over Graves Creek connecting
Laurel and Santa Lucia Roads as a long-term solution to traffic concerns.
Mayor Bewley spoke in favor of approving the project. Councilman Carden agreed
and pointed out that there had been a great deal of community input.
Councilman Highland asserted that the project will impact existing residencesand the
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City Council cannot do anything about it. He contended that those who benefit from
developing a project should pay for all necessary improvements. Councilman Luna
agreed and emphasized that the City Council needs to acknowledge the fact that the
City's infrastructure is falling apart. He pointed out that the City's development fees
are half of what most other cities in the County charge and proclaimed this to be one
reason why the City does not have the funds necessary to improve and repair streets,
as well as support new and existing development. He recommended that the issue
of development fees needs to be re -visited. Regarding the project, Councilman Luna
stated that was in favor of approval and pledged support to working with the
neighborhood to mitigate concerns.
There was Council consensus to amend Condition of Approval #F-11 (relative to
pedestrian walkways) by changing "decomposed granite" to "Class 11 base or other
all-weather material". The City Council took the following actions:
MOTION: By Councilman Carden, seconded by Councilman Luna to certify
the EIR; motion passed unanimously all by roll call vote.
MOTION: By Councilman Carden, seconded by Councilman Luna to waive
reading of Ordinance No. 286 in full and read by title only; motion
passed unanimously.
MOTION: By Councilman Carden, seconded by Councilman Luna to
introduce Ordinance No. 286, as amended on first reading; motion
passed 5:0 by roll call.
MOTION: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 14-95, as revised; motion passed 5:0 by roll call
vote.
MOTION: By Councilman Carden, seconded by Councilman Luna to approve
Lot Line Adjustment 94-005, as recommended by staff; motion
passed 5:0 by roll call vote.
The Mayor called a recess at 10:43 p.m. At 10:45 p.m. the meeting resumed.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 19-95 - Authorizing a 3 -year franchise agreement extension
with Wil -Mar Disposal, Inc., for solid waste collection
Staff Recommendation: Adopt
Brad Whitty provided the staff report and recommendation to approve a three-year
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contract extension with Wil -Mar Disposal, Inc.
Public Comments:
Tom Walters, Executive Manager of Wil -Mar Disposal, Inc., requested approval.
Responding to inquiry from Councilman Johnson, Mr. Walters confirmed that Wil -Mar
was carrying Atascadero's solid waste to the Chicago Grade Landfill.
I.B. Jenkins, representing Chicago Grade Landfill, requested that Wil -Mar's extension
request be continued until negotiations between Wil -Mar and Chicago Grade are
completed.
David Smith, CPA representing Wil -Mar Disposal, Inc., spoke in support of Wil -Mar's
request for contract extension and suggested that Chicago Grade's request for delay
is not related to franchise agreement between the City and Wil -Mar Disposal.
---End of Public Testimony ---
MOTION: By Councilman Highland, seconded by Councilman Carden to
continue the meeting beyond the hour of 11:00 p.m.; motion
unanimously passed.
MOTION: By Councilman Highland, seconded by Councilman Carden to
adopt Resolution No. 19-95; motion approved 5:0 by roll call.
2. RESOLUTION NO. 18-95 - Appointing an ex -officio youth member and alternate
to the Parks & Recreation Commission
Council subcommittee recommendation: Adopt
The City Clerk reported that the Council sub -committee was recommending that
Christina Kays be appointed as the youth representative and Yasmin Jones as the
alternate.
MOTION: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 18-95 as recommended by the Council sub-
committee; motion approved unanimously by roll call vote.
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as follows.):
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1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority -
Councilman Carden reported that SLORTA will meet on Wednesday,
March 1 st and noted that alternate Councilman Highland would attend.
2. County Water Advisory Board/Nacimiento Water Purveyors Advisory
Group - Councilman Highland indicated that the County Water Advisory
Board would be meeting on Wednesday, March 1 st and noted that
alternate Steve Sylvester would attend in his place.
3. Economic Round Table - Councilman Johnson reported that a resolution
revising the structure of the Economic Round Table would be coming
before the City Council at the next regular meeting.
4. Highway 41 Realignment Community Advisory Committee - Henry Engen
reported that bridge plans are available for review.
5. Air Pollution Control District- Councilman Carden reported on the study
session held on February 24, 1995 and announced that the APCD will
meet again on March 10, 1995 in San Luis Obispo.
6. Upper Salinas River Coordinated Resource Management and Planning
Committee - Councilman Highland reported that the group had met on
February 27th to review and comment on the second draft of the Salinas
River Basin Management Plan.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Bewley expressed appreciation to the Fire Chief for implementing a cost
recovery policy on emergency response and stand-by for PG&E -related calls.
Councilman Johnson commended staff for efforts in getting agendas out and posted.
2. City Manager
Andy Takata provided an overview of the next regular agenda and reminded the
Council to adjourn to the Mid -Year Budget Review scheduled for March the 2nd.
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F. ADJOURNMENT:
THE MEETING WAS ADJOURNED AT 11:12 P.M. THE CITY COUNCIL WILL MEET
ON THURSDAY, MARCH 2, 1995 FOR PURPOSES OF THE MID -YEAR BUDGET
REVIEW.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
Attachments: Exhibit A - (Resolution No. 14-95 Exhibit A)
Exhibit B - (Atascadero Homeowners)
Exhibit C - (Torgerson)
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EXHIBIT A
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MARCIA MCCLURE TORGERSON
6200 Llano Road
Atascadero, CA 93422
805-466-7980
February 28, 1995
Atascadero City Council
Atascadero, CA
RE: 3-F Meadows Ranch
Councilmen:
As I expressed in my statement to the Planning Commission, I was impressed with
the EIR for 3-F Meadows Ranch and how thorough it was. I was particularly
pleased with the inclusion of the "Visual Resources" impact that was addressed in
this EIR which has been excluded in prior EIR's. I therefore feel that this EIR
adequately reviewed all significant environmental impacts.
In regards to the project itself, I think that the Davis family, David Watson and
Paul Reichardt have gone out of their way to create a better neighborhood than
was originally designed and has worked with many of the surrounding neighbors
to make adjustments that would alleviate their concerns regarding the project.
Therein lies the key! Instead of trying to shove their property rights down their
neighbors throats, they realized the benefits to all concerned of communicating
with their neighbors, accepting input from those neighbors, and incorporating that
input into their plans as much as they could.
The traffic complaints from some of the residents of Cenegal and Laurel seem
impossible to mitigate. I get the feeling that some of these residents feel that if
you approve this project tonight, tomorrow there will be 400 more cars going by
their houses. In reality, it will probably take years for the first phase of this
project to be completed before the second phase, which includes the road leading
down to Cenegal, is even constructed. Then, lots will be for sale. This will
probably increase traffic by a few cars. Then, if some lots sell, a few might build
a house. Only then will you begin to see regular traffic increase on Cenegal and
Laurel. Cenegal and Laurel are already designated as Rural Local roads in
Atascadero's Circulation Element. This project had nothing to do with that
designation. These residents should have attended the public hearing for the
updated Circulation Element back in April 1993 and expressed their concern for
their streets' designation then. The fact that this project is not a subdivision but
only a re -alignment of existing colony lots, means that this project is not adding
(2)
any more traffic to those streets than the original lot configuration would have.
Therefore, if the Davis family wanted to sell the lots as they exist today, there
would be the same amount of traffic impact.
Also, the suggestion of a bridge across Graves Creek has one major problem; the
bridge would be situated almost directly across Santa Lucia from the entrance gate
of the Millhollin Mine. This area of Santa Lucia is already a dangerous situation. If
the County of San Luis Obispo, who currently operates the Mine, is allowed to
continue with their proposed expansion of their operation there, which includes
approximately 30 truck trips per day, this will surely be a deadly combination.
Imagine cars trying to pull off the bridge onto Santa Lucia; dump trucks with
trailers trying to pull out of the Mine onto Santa Lucia. Add to that the already
existing residential traffic on Santa Lucia and the blind curves of Santa Lucia in
both directions which restrict reasonable sight distance of oncoming traffic. You
can see that this would only make an already dangerous situation that much
worse.
I hope you will agree that this project is a well thought out endeavor that includes
many neighbors' input and support.
Sincerely,
Marcia McClure Torgerson
Im
1
1
February 28, 1995
Mr. Major and other Council members:
The Atascadero Homeowners Association has always supported quality residential and
commercial development that is consistent with the General Plan Goals. For example, the
AHA supported the Downtown Plan, gave its blessing to the Factory Outlet when it chose to
build on property already zoned commercial, supported the Lewis Avenue bridge and
acquisition of Stadium Park.
On February 23, 1995 the General Membership of the Atascadero Homeowners Association
voted to support the Davis Family Trust 3-F Meadows 800 acre residential development and
commended consultant Dave Watson and the EIR for the project.
The 800 acre 3-F Meadows expansion is the largest -ever residential proposal in Atascadero. It
was begun six years ago. Since then the Davis Family Trust, working with consultant Dave
Watson and SEDES, have made many changes to the existing 1914 E.G. Lewis subdivision.
1. Roads were rerouted, saving many trees.
2. Horne sites have been clustered in the more appropriate building areas
leaving open space and wildlife corridors to the steeper areas.
3. Fewer homes, not more, have been proposed -• from 115 to 111.
Probably the outstanding feature of this project has been the willingness of Dave Watson to
meet many times with concerned citizens and to conduct a tour of the area for them. He also
gave a very comprehensive description to the Homeowners Association, brought maps and
answered questions from the audience. The communication between the developer and the
public has definitely been two way.
There would be less polarization and more community consensus if other residential acid
commercial development were conducted in a similar manner.
The EIR on the 3-F Meadows project is exceptionally goad, in our opinion the best we have
seen in Atascadero, and the taxpayers were not asked to pay for it
Thanks again to the Davis Family, Mr. Watson and SEDES.
Sincerly,
Lindsay Hafnpton
for the Atascadero Homeowners Association