HomeMy WebLinkAboutCC_2023-03-28_Minutes_with Exhibit A
Atascadero City Council
March 28, 2023
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, March 28, 2023
City Hall Council Chambers, 4th Floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor Moreno called Closed Session to order at 5:00 p.m.
1. ROLL CALL
Present: Council Members Bourbeau, Dariz and Newsom (by Teleconference),
Mayor Pro Tem Funk, and Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Rachelle Rickard, Attorney Karl Berger, Deputy City
Manager/City Clerk Lara Christensen, and Deputy City Manager – IT
Luke Knight
2. CLOSED SESSION -- PUBLIC COMMENT – None
3. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Deputy City Manager/City Clerk Christensen and Deputy City Manager – IT Knight did not
attend this portion of the meeting.
4. CLOSED SESSION -- CALL TO ORDER
0
a. Conference regarding Public Employment (Govt. Code Sec. 54957)
Title: City Manager
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
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March 28, 2023
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b. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Professional Firefighters, Local 3600;
Atascadero Police Association; Service Employees International Union, Local
620; Mid-Management/Professional Employees; Non -Represented
Professional and Management Workers and Confidential Employees
5. CLOSED SESSION – ADJOURNMENT
6. COUNCIL RETURNS TO CHAMBERS
7. CLOSED SESSION – REPORT
City Attorney Berger reported that there was no reportable action from Closed Session.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:0 1 p.m. and Council Member Bourbeau led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Mayor Pro Tem Funk, and Mayor
Moreno
Absent: Council Member Newsom
Others Present: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Community Development Director Phil Dunsmore, Fire Chief
Casey Bryson, Acting Police Chief Bob Molle, Public Works Director Nick
DeBar, City Attorney Karl Berger, Deputy City Manager/City Clerk Lara
Christensen, Deputy City Manager – IT Luke Knight, and Senior Planner
Kelly Gleason.
APPROVAL OF AGENDA:
MOTION: By Council Member Dariz and seconded by Council Member Bourbeau to:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 4:0 by a roll-call vote. Newsom absent.
PRESENTATIONS:
1. Fire Department Commendation for Members of the Atascadero Pickleball Club
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March 28, 2023
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Fire Chief Casey Bryson and staff from the Fire Department recognized Frank and Barbara
Clyburn, Gail Davidson, Janice Graham, Darla Hunt, Donna Martin, and Dave Mulvey for their
lifesaving efforts on September 19, 2022.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – March 14, 2023 Emergency and Regular
Meetings
▪ Recommendation: Council approve the March 14, 2023 Draft City Council
Emergency and Regular Meeting Minutes. [City Clerk]
2. February 2023 Accounts Payable and Payroll
▪ Fiscal Impact: $2,063,480.54.
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for February 2023. [Administrative Services]
3. Via Avenue Over Atascadero Creek Bridge Replacement Project
Construction Phase Award
▪ Fiscal Impact: $3,310,568 in Highway Bridge Replacement and Rehabilitation
Program grant funds and $428,919 in Local Transportation Funds.
▪ Recommendation: Council:
1. Award a construction contract for $3,146,629 to Souza Construction for the
Via Avenue Bridge Replacement Project (City Project No. C2015B01,
Federal Project No. BRLS-5423[032]);
2. Approve a professional services contract for $517,858 with Filippin
Engineering, Inc. to provide construction engineering and inspection
services for the Via Avenue Bridge Replacement Project; and
3. Approve a professional services contract amendment for $75,000 with
Consor Engineers (previously Quincy Engineering) to provide construction
design support services for the Via Avenue Bridge Replacement Project ;
and
4. Authorize the Director of Administrative Services to appropriate an
additional $186,960 of Local Transportation Funds for the Via Avenue
Bridge Replacement Project. [Public Works]
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to approve the Consent Calendar Items. (#A-3: Ordinance Nos.
661 and 662)
Motion passed 4:0 by a roll-call vote. Newsom absent.
UPDATES FROM THE CITY MANAGER:
City Manager Rickard gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke in-person by telephone or through the webinar: Geoff Auslen,
Josh Cross, and Max Zappas.
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March 28, 2023
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B. PUBLIC HEARINGS:
1. Appeal Vesting Tentative Tract Map for 10850 El Camino Real
▪ Fiscal Impact: None.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, affirming the Planning Commission’s approval of
a Vesting Tentative Tract Map (TR 3187) for a 32-lot subdivision with 43
airspace condominiums on Lot 31, located at APN 054-351-008, subject to
findings and conditions of approval.
OR
2. Adopt Draft Resolution B, reversing the Planning Commission’s action and
denying a Vesting Tentative Tract Map (TR 3187) for a 32-lot subdivision
with 43 airspace condominiums on Lot 31, located at APN 054-351-008,
subject to findings. [Community Development]
Ex Parte:
All Council Members reported receiving public comment emails on the project.
Mayor Pro Tem Funk reported making a site visit and speaking with a neighbor.
Council Member Bourbeau also reported making a site visit.
Mayor Moreno reported being a part of the original map approval on the project in 2017.
Community Development Director Dunsmore gave the report and answered questions from
the Council.
PUBLIC COMMENT:
The following persons spoke on this item: John Belsher, Paula Ramsum, Robert Montoya
(Exhibit A), Ann Gordon, John Carnesale, and Max Zappas
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to adopt Resolution No. 2023-010, affirming the Planning
Commission’s approval of a Vesting Tentative Tract Map (TR 3187)
for a 32-lot subdivision with 43 airspace condominiums on Lot 31,
located at APN 054-351-008, subject to findings and conditions of
approval.
Motion passed 4:0 by a roll-call vote. Newsom absent.
Mayor Moreno recessed the meeting at 7:30 p.m.
Mayor Moreno reconvened the meeting at 7:40 p.m. with all present.
2. Barrel Creek
▪ Fiscal Impact: None.
▪ Recommendation: The Planning Commission recommends Council:
1. Adopt Draft Resolution A, certifying the Mitigated Negative Declaration
prepared for the Barrel Creek Project; and
2. Adopt Draft Resolution B, approving a General Plan Amendment modifying
the General Plan Designation of the Barrel Creek Project site from
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March 28, 2023
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Suburban Estates (SE) to Medium Density Residential (MDR) and
Commercial Park (CPK), and moving the Urban Services Line to
accommodate the project boundary; and
3. Introduce, for first reading, by title only, Draft Ord inance A, approving of a
Zone Map Change modifying the zoning map designation of the Barrel
Creek Project from Residential Suburban (RS) to Residential Multi -Family
10 (RMF-10) and Commercial Park (CPK); and
4. Introduce, for first reading, by title only, Dra ft Ordinance B, approving a
Zoning Text Amendment to establish Planned Development Overlay Zone
No. 38 (PD38) over the Barrel Creek Project site; and
5. Adopt Draft Resolution C, approving a Conditional Use Permit, establishing
a Master Plan of Development, and Vesting Tentative Tract Map for Tract
3177, approving a commercial and residential subdivision for the Barrel
Creek site with associated tree removal, master sign program, and height
exceptions. [Community Development]
Ex Parte:
All Council Members reported receiving public comment emails on the project.
Council Member Bourbeau reported speaking with Geoff Auslen.
Community Development Director Dunsmore and Senior Planner Gleason gave the report
and answered questions from the Council.
PUBLIC COMMENT:
The following persons spoke on this item: Geoff Auslen, Rick Franco, Don Hubert, Pedro
Ramirez, Janice Petko, Matthew Garcia, Garrett Kruse, Zack, Marshawn Porter, Gunther
Bashira, Josh Cross, Mary Ann Tardiff, Jennifer Chance, Heidi Grand, Max Zappas, Mike
Dickey, JuLee Rocha, Paul Martinez, C. Lee, and Mark Rawlinson.
Mayor Moreno closed the Public Comment period.
Mayor Moreno recessed the meeting at 10:10 p.m.
Mayor Moreno reconvened the meeting at 10:21 p.m. with all present.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk
to:
1. Adopt Resolution No. 2023-011, certifying the Mitigated
Negative Declaration prepared for the Barrel Creek Project.
2. Adopt Resolution No. 2023-012 approving a General Plan
Amendment modifying the General Plan Designation of the
Barrel Creek Project site from Suburban Estates (SE) to Medium
Density Residential (MDR) and Commercial Park (CPK), and
moving the Urban Services Line to accommodate the project
boundary.
3. Introduce, for first reading, by title only, Draft Ordinance A,
approving of a Zone Map Change modifying the zoning map
designation of the Barrel Creek Project from Residential
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March 28, 2023
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Suburban (RS) to Residential Multi-Family 10 (RMF-10) and
Commercial Park (CPK).
4. Introduce, for first reading, by title only, Draft Ordinance B,
approving a Zoning Text Amendment to establish Planned
Development Overlay Zone No. 38 (PD38) over the Barrel Creek
Project site with the following changes to Exhibit A
(Establishment of Planned Development Overlay No. 38):
• Amend Section (c)(3) under Commercial Development to
add – Commercial signs facing west toward the parking lot
between the commercial area and the apartments shall be
dimmable and shall be dimmed between the hours of 10PM
and 7AM.
• Amend Section (c)(7) under Commercial Development to
add – No hotel signage shall be permitted facing residential
uses Lighting facing the freeway shall be externally
illuminated with downward lighting. All lighting shall be set
on a timer to turn off or dim between the hours of 10pm and
7am.
• Delete Section (e) under Commercial Development and
reletter all remaining sections.
• Amend new Section (e) to remove subsection 2 and
renumber all remaining subsections.
• Amend new Section (e)(2) to add – xvi. Personal Services –
Restricted.
• Add new Section (d) under Single-Family Parcels to read –
Short term rentals shall be permitted on owner occupied
sites only.
• Reletter all remaining Sections under Single-Family
Parcels.
• Amend new Section (g) under Single-Family Parcels to
change wording for Rear yard at second story setbacks to
read –
Rear Yard at second story
on Lots 1 through 8 only
15-feet
5. Adopt Resolution No. 2023-013, approving a Conditional Use
Permit, establishing a Master Plan of Development, and Vesting
Tentative Tract Map for Tract 3177, approving a commercial and
residential subdivision for the Barrel Creek site with associated
tree removal, master sign program, and height exceptions with
the following changes to Exhibit A (Conditions of Approval):
• Amend Condition No. 16 to read – Affordable Housing: The
applicant shall submit a payment of 5% of the building
valuation for each residential unit to be placed into the
City’s inclusionary housing fund. Payment shall be required
prior to building permit issuance.
• Amend Condition No. 38 to read – Rear yard fencing of
lots adjacent to the Del Rio Road Frontage shall be setback
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March 28, 2023
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a minimum of 3-feet from any retaining wall in excess of 3-
feet.
• Add Condition No. 47 under Planning Department
Conditions to read – A deed covenant shall be recorded on
each single-family parcel requiring owner occupancy of
any parcel used for short-term rental.
• Renumber all remaining Conditions to reflect correct
numbering.
Deputy City Manager/City Clerk Christensen read the titles of the Ordinances:
Draft Ordinance A
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, MODIFYING THE OFFICIAL ZONING MAP CONVERTING
APPROXIMATELY 15.2 ACRES FROM RESIDENTIAL SUBURBAN TO RESIDENTIAL
MULTI-FAMILY – 10 AND COMMERCIAL PARK FOR THE BARREL CREEK PROJECT
Draft Ordinance B
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING TITLE 9 (PLANNING AND ZONING), CHAPTER 3 (ZONING
DISTRICTS), ARTICLE 28 (PLANNED DEVELOPMENT OVERLAY ZONE) OF THE
ATASCADERO MUNICIPAL CODE TO ESTABLISH PLANNED DEVELOPMENT NO. 38
(PD38) FOR THE BARREL CREEK PROJECT
Motion passed 4:0 by a roll-call vote. Newsom absent.
C. MANAGEMENT REPORTS:
1. Proposed Sewer Service Rate Increase
▪ Fiscal Impact: $5,000 in Proposition 218 expenses; $750,000 in revenue from
additional sewer service charges if approved.
▪ Recommendation: Council:
1. Direct staff to administer the Proposition 218 majority protest process and
send out notice of the proposed increases to all property owners connected
to the municipal sanitary sewer system; and
2. Set a Public Hearing on May 23, 2023 for Council’s consideration of the
proposed wastewater rate increases. [Public Works]
Public Works Director DeBar gave the report and answered questions from the Council.
PUBLIC COMMENT:
The following persons spoke on this item: None
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to:
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March 28, 2023
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1. Direct staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all
property owners connected to the municipal sanitary sewer
system.
2. Set a Public Hearing on May 23, 2023 for Council’s
consideration of the proposed wastewater rate increases.
Motion passed 4:0 by a roll-call vote. Newsom absent.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
Given the late hour, Council Members will report out at the next City Council Meeting.
Council Member Funk did note that the DRC has a meeting at 2:00 p.m. on Thursday, March 30,
2023.
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
Council Member Bourbeau reported that the SLO County Board of Supervisors sent a letter
on March 21, 2023, to the SLO County Integrated Waste Management Authority (IWMA)
requesting to rejoin the IWMA and their request is scheduled to go before the IWMA Board
on April 12, 2023. He noted that he would like to receive collective feedback from the City
Council on the County’s request to rejoin the IWMA.
There was Council consensus to place Council Member Bourbeau’s item on the April 11,
2023 City Council Agenda under Individual Determination.
F. ADJOURN
Mayor Moreno adjourned the meeting at 10:48 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
The following exhibit is available for review in the City Clerk’s office:
• Exhibit A – Emailed Public Comment from Robert Montoya
APPROVED: April 11, 2023
Atascadero City Council
Minute Exhibit A
March 28, 2023
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