HomeMy WebLinkAboutMinutes 1113071
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Approved January 8, 2008
CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, November 13, 2007 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:40 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Beraud, Clay, O'Malley, Brennler and Mayor
Luna
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci.
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Public Works Director Steve Kahn, Police Chief John
Couch, Fire Chief Kurt Stone, Redevelopment Specialist Marty
Tracey, and Interim City Attorney Brian Pierik.
Mayor Luna introduced new City Attorney Brian Pierik and thanked Patrick Enright, Roy
Hanley, Dave Fleishman, and Rob Schultz for their City Attorney services in the past.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the agenda.
Motion passed 5:0 by a roll -call vote.
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PRESENTATIONS:
1. Kiwanis Club of Atascadero — Donation for the Colony Park Community Center
Kiwanis Club representatives presented the city with a $20,000 check for the new
Community Center and Joe Didomenico spoke about their efforts to raise the funds for
the youth of the community.
2. Employee Service Awards
City Manager Wade McKinney presented service awards to the following employees:
• Keith Gilchrist, Zoo Collections Manager — Five years
■ Ellen Perkins, Administrative Assistant Fire Department — Ten years
■ Dave Payton, Fire Engineer — 20 years
A. CONSENT CALENDAR:
1. City Council Special Meeting Minutes — October 4, 2007
■ City Clerk Recommendation: Council approve the City Council Special
Meeting Minutes of October 4, 2007. [City Clerk]
2. City Council Meeting Minutes — October 9, 2007
• City Clerk Recommendation: Council approve the City Council Special
Meeting Minutes of October 9, 2007. [City Clerk]
3. July 2007 Accounts Payable and Payroll Disbursements Report
■ Fiscal Impact: $3,675,501.42.
• Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for July 2007. [Administrative Services]
4. Auaust 2007 Accounts Pavable and Pavroll Disbursements Report
■ Fiscal Impact: $4,855,644.73.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for August 2007. [Administrative
Services]
5. City Council 2008 Meeting Schedule
■ Fiscal Impact: None.
■ Recommendation: Council approve City Council meeting schedule for
2008. [City Manager]
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6. PLN 2006-1117 Ridgeway Court Planned Development: Custom Planned
Development #29 5825 Ridgeway Ct (Beck)
■ Description: Project approval would allow an 8 -unit residential planned
development on a project site that is currently developed with a single
family residence that has been designated as a Colony Home.
■ Fiscal Impact: Based on findings from the Taussig Study, revenue from
new residential development including property tax revenues, vehicle
licensing fees, sales taxes, and other revenues are insufficient to cover
the maintenance and emergency services costs of new development.
Based on the revenue projections from the Taussig Study, the City has
developed standard Conditions of Approval for new development projects
that require the cost of maintenance and emergency services to be funded
by the project through annexation into the community facilities district.
■ Recommendations: Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving
Zone Text Change 2006-0121 to establish Planned Development
Overlay Zone #29; and
2. Council adopt on second reading, by title only, Draft Ordinance B
approving Zone Map Change 2007-0135 based on findings.
[Community Development]
7. Final Map 2006-0148 (Tract 2840) 8315 Morro Road (TTM 2006-0087)
Kelly Gearhart
■ Description: Final map creates seven airspace units on one legal lot of
record.
■ Fiscal Impact: None.
• Recommendations: Council:
1. Adopt and Approve Final Map 2006-0148 (Tract 2840).
2. Reject, without prejudice to future acceptance on behalf of the public,
the offers of dedication for Streets, Public Pedestrian Access and the
Public Utility Easement, as shown on the map.
3. Authorize and direct City Clerk to endorse the City Council's approval.
[Public Works]
8. Final Map 2007-0157 (Tract 2878) 8787 Plata Lane (TTM 2006-0009) David
Yarnold
■ Description: Final map creates seven commercial condominiums in an
existing commercial building.
• Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and Approve Final Map 2070-0157 (Tract 2878).
2. Authorize and direct the City Clerk to endorse the City Council's
approval on the map. [Public Works]
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9. Temporary Road Closure — Winter Wonderland (Atascadero Main Street)
■ Fiscal Impact: $220.00 for the installation of Road Closed signs by Public
Works Staff.
■ Recommendation: Council approve a request by Atascadero Main Street
for road closures for Winter Wonderland on December 14, 2007. [Public
Works]
Items pulled: David Broadwater, Items #A-3 and 4.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Brennler to approve Items #A-1, 2, 5, 6, 7, 8 and 9.
Motion passed 5:0 by a roll -call vote. (Item #A-6.1 Ordinance
No. 516, Item #A-6.2 Ordinance No. 517)
Items #A-3 & 4:
David Broadwater questioned the disbursements of funds during July and August to
Mathis and Associates in the amount of $28,673.50 and requested an explanation of
what those funds were for and what services were provided.
City Manager Wade McKinney stated the invoices for those disbursements would be
pulled for Mr. Broadwater's review.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Items #A-3 and 4.
Motion passed 5:0 by a roll -call vote.
B. PUBLIC HEARINGS:
1. PLN -2099-0818 General Plan Amendment / Zone Change / Planned
Development Amendment and Two Lot Parcel Map, Eagle Creek Golf
Course (Gearhart)
■ Disclosure of Ex Parte Communications:
■ Description: Approval would result in zone changes, the authorization to
replace the existing golf course with two single-family residences, and a
10 -acre lot subdivision into two lots.
■ Fiscal Impact: The project will likely have a slight negative fiscal impact
on City Revenues. A City fiscal analysis found that residential projects
tend to require services that exceed the tax revenues generated. The
total deficit for the project is estimated at less than $1,000 and is off -set by
the large privately maintained open space area.
■ Recommendations: Planning Commission recommends Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2007-0022; and,
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Approved January 8, 2008
2. Adopt Draft Resolution B approving General Plan Amendment 2005-
0016 based on findings; and,
3. Introduce for first reading, by title only, a Draft Ordinance A approving
Zone Text Change 2005-0111 amending the PD -8 Overlay District
based on findings; and,
4. Introduce for first reading, by title only, a Draft Ordinance B approving
Zoning Map Change 2005-0111 based on findings; and,
5. Adopt Draft Resolution C approving Conditional Use Permit 2005-0175
(Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
6. Adopt Draft Resolution D approving Vesting Tentative Parcel Map
2005-0080 based on findings and subject to Conditions of Approval
and Mitigation Monitoring. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council. Mr. Frace distributed to Council a memo including additional
mitigation measures from the Air Pollution Control District, and recommended that these
conditions be incorporated into the approval of Resolution A (Exhibit A).
Ex Parte Communications
■ Council Member Clay stated he called Mr. Gearhart with a question on CC&R's for
the four lower houses, and sat in on the Planning Commission meeting on this
project.
■ Council Member O'Malley stated he talked with Mr. Gearhart over one year ago at
an earlier stage in the project and since then has talked with five or six neighbors.
■ Mayor Luna stated he had no communications since the last public hearing on this
item.
■ Mayor Pro Tem Brennler stated that prior to the election he spoke to neighbors in
that neighborhood and recently had discussions with one of neighbors, Mr. O'Brien,
regarding his property.
■ Council Member Beraud stated she was approached by Mr. O'Brien and met with
him at his home and walked his property.
PUBLIC COMMENT
Jamie Kirk, applicant's representative, gave a PowerPoint presentation on the progress
of this project over the last year, including an overview of the proposed project. Ms. Kirk
answered questions of Council.
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Kelly Gearhart, applicant, spoke about the bridges on the property and the access
issues for some of the property owners. Mr. Gearhart answered questions of Council.
Mr. O'Brien stated he has a major problem with access to the rear of his property and
would like the developer to provide him with a bridge to that area. He also expressed
concern with the debris left behind on his property due to the past maintenance of the
golf course.
David Tissue stated the general consensus among the neighbors in this area is to move
this project forward, and they do not feel Council should add any more contingencies to
this plan.
Jamie Kirk responded to issues raised by Mr. O'Brien and answered questions of
Council.
Mayor Luna closed the Public Comment period.
Council Member Beraud expressed concern about grazing animals in the open space
as they can create a lot of damage. She also believes the CC&R's should be consistent
throughout the site and the project should include some kind of timeline.
Mayor Pro Tem Brennler stated he cannot support the motion which he believes is
fundamentally unfair to one citizen who must assume the responsibility for weed
abatement in an area where there is a high potential for fire.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
adopt Draft Resolution A certifying Proposed Mitigated
Negative Declaration 2007-0022 and incorporating the APCD
10/29/07 Mitigation Measures; and, adopt Draft Resolution B
approving General Plan Amendment 2005-0016 based on
findings; and, introduce for first reading, by title only, a Draft
Ordinance A approving Zone Text Change 2005-0111
amending the PD -8 Overlay District based on findings; and,
introduce for first reading, by title only, a Draft Ordinance B
approving Zoning Map Change 2005-0111 based on findings;
and, adopt Draft Resolution C approving Conditional Use
Permit 2005-0175 (Master Plan of Development) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt Draft Resolution D approving Vesting
Tentative Parcel Map 2005-0080 based on findings and subject
to Conditions of Approval and Mitigation Monitoring.
Motion passed 3:2 by a roll -call vote. (Beraud, Brenner
opposed) (Item #B-1.1 Resolution No 2007-094, Item #B-1.2
Resolution No 2007-095, Item #B-1.5 Resolution No 2007-096,
Item #B-1.6 Resolution No 2007-095)
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Mayor Luna recessed the hearing at 9:20 p.m.
Mayor Luna called the meeting back to order at 9:32 p.m.
2. Title 4 / Title 7 / Title 8 Local Building Code and Fire Protection Code
Adoption (City of Atascadero)
■ Description: Proposed ordinance will bring the City's Building and Fire
Protection Codes into conformance with the required State Codes that
take effect January 1, 2008, and will also establish amendments to the
State Code specific to the City of Atascadero.
■ Fiscal Impact: None.
■ Recommendation: Council introduce for first reading by title only, the
Draft Ordinance A, (1) repealing Title 8 (Building Regulations) and
Chapter 7 of Title 4 (Fire Code) of the Municipal Code, and (2) approving
a new Title 8 and Chapter 7 of Title 4 adopting the 2007 edition of the
California Building, Mechanical, Plumbing, Electrical, Historical Building,
Existing Building, and Fire Codes, and the 2006 edition of the International
Property Maintenance Code, with amendments, and (3) amending
Chapter 3 of Title 7 (Public Works) to revise the definition of sewer
connection availability. [Community Development]
Deputy Community Development Director Ken Forman gave the staff report and with
Fire Chief Kurt Stone and Public Works Director Steve Kahn answered questions of
Council.
PUBLIC COMMENT
Grant Morgan referred to accessory structures and expressed concern that these
structures can now be within 50 feet of buildings or property lines without fire retardant.
Mayor Luna closed the Public Comment period.
Fire Chief Stone explained the purpose of the section Mr. Morgan referred to, and the
following change was made to Chapter 3 Section 8-3.101.C.701 A.3.2 - Exceptions.
1. Accessory structures not exceeding 120 square feet in floor area.
2. Agricultural buildings where located at least 50 feet from buildings containing
habitable spaces on the same lot and 50 feet from an adjacent property line.
3. Additions to exiting buildings were the floor area is not more than 25 percent of the
floor area of the existing building and the exterior details of the addition will match
the existing building.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to introduce for first reading by title only, the Draft
Ordinance A, (1) repealing Title 8 (Building Regulations) and
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Chapter 7 of Title 4 (Fire Code) of the Municipal Code, and (2)
approving a new Title 8 and Chapter 7 of Title 4 adopting the
2007 edition of the California Building, Mechanical, Plumbing,
Electrical, Historical Building, Existing Building, and Fire
Codes, and the 2006 edition of the International Property
Maintenance Code, with amendments, and (3) amending
Chapter 3 of Title 7 (Public Works) to revise the definition of
sewer connection availability as amended.
Motion passed 5:0 by a roll -call vote.
C. MANAGEMENT REPORTS:
1. Strategic Planning Options
• Description: Staff is seeking direction on consideration of alternative
facilitation options.
■ Fiscal Impact: None.
■ Recommendation: Council give staff direction to work with Council
Members Beraud and O'Malley to develop a Community Ethics/Campaign
Reform Program. [City Manager]
City Manager Wade McKinney gave the staff report.
PUBLIC COMMENT
David Broadwater suggested the city look closely at disbursements to Mathis and
Associates to determine if they are receiving adequate services for the amount paid.
Regarding campaign reform, Mr. Broadwater encouraged the Council to go with the
original intent of campaign contribution caps.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to give staff direction to work with Council Members
Beraud and O'Malley to develop a Community Ethics/
Campaign Reform Program.
Motion passed 5:0 by a roll -call vote.
2. Commission Norms and Procedures
■ Fiscal Impact: None.
■ Recommendation: Council approve the Commission Norms and
Procedures [City Manager]
Assistant to City Manager Marcia McClure Torgerson gave the staff report and
answered questions of Council.
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PUBLIC COMMENT
None
MOTION: By Mayor Luna and seconded by Council Member Bdraud to
approve the Commission Norms and Procedures with the
following amendments:
1. Page 300, Commission Values, fourth bullet to read:
Commission Members will subordinate political
considerations to the good of the entire community, while
being straightforward about the philosophy behind their
decisions_. with no hidden agendas.
2. Page 303, Voting, third bullet to read: Commission Member
discussions wf4 should not be redundant.
Motion passed 5:0 by a roll -call vote.
3. City Participation in Regional and City Specific Tourism Study in
Conjunction with the Economic Vitality Corporation (EVC)
■ Fiscal Impact: Depending on the Council commitment the cost of this
proposal could be $14,500.
■ Recommendations: Council:
1. Authorize the City Manager to execute agreements with the Economic
Vitality Corporation and Strategic Marketing Group for a Strategic
Directions Package and Community Tourism Marketing Plan and
appropriate $12,000 from the funds set aside for the Economic
Development Strategy; and,
2. Approve participation in the Economic Vitality Corporation countywide
study with a contribution of $2,500 appropriated from the funds set
aside for the Economic Development Strategy. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT
Steve Martin referred to the tourism plan he had written for the city and stated he had
not received any feedback to date. He spoke in support of the staff recommended
participation with inclusion of the tourism committee.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Brennler and seconded by Council Member
Beraud to authorize the City Manager to execute agreements
with the Economic Vitality Corporation and Strategic
Marketing Group for a Strategic Directions Package and
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Community Tourism Marketing Plan and appropriate $12,000
from the funds set aside for the Economic Development
Strategy; and, approve participation in the Economic Vitality
Corporation countywide study with a contribution of $2,500
appropriated from the funds set aside for the Economic
Development Strategy.
Motion passed 5:0 by a roll -call vote. (Item #C-3.1 Contact No.
2007-028)
COMMUNITY FORUM:
None
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Brennler complimented the police officers and volunteers for their
efforts at the Bicycle Rodeo last Saturday.
D. COMMITTEE REPORTS:
None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
City Clerk Marcia McClure Torgerson referred to Mr. Broadwater's earlier request
for Mathis and Associates invoices and stated she would get them within the next
day or two and call Mr. Broadwater.
City Manager
a. Commission Attendance Reports (included in agenda packet)
b. Oral Report — Historic City Hall
Administrative Services Director Rachelle Rickard gave an update on the Historic
City Hall building and answered questions of Council.
c. Oral Report — The Printery
Community Development Director Warren Frace gave an update on the Printery
project.
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F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 10:52 p.m. to the next regularly scheduled
meeting of the City Council on November 27, 2007.
MINUTES PREPARED BY:
ace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A — Memorandum from Community Development Director Warren Frace, Re: 413-1.
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