HomeMy WebLinkAboutMinutes 112707kit 1 rii 16111 N.
Approved January 8, 2008
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, November 27, 2007 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and Mayor Pro Tem Brennler 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 Lt. Jim
Mulhall, Fire Chief Kurt Stone, Redevelopment Specialist Marty
Tracey, Deputy Community Services Director Steve McHarris,
Senior Planner Kelly Gleason, Associate Planner Kerry Margason,
and Interim City Attorney Brian Pierik.
PRESENTATION:
1. Optimist Club of Atascadero — Donation for the Colony Park Community
Center
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Atascadero Optimist Club President Sandy Jack recognized District Governor Dell
Bishop, and past Presidents Mike Shiver, Kate Apollo and Beth Shiver, and spoke about
their Board's commitment to the Youth Center. Mr. Jack presented the city with a check
in the amount of $21,000 towards construction of the Colony Park Community Center.
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.
A. CONSENT CALENDAR:
Agreement to Provide City Attorney Legal Services
■ Fiscal Impact: Monthly retainer of $9,500 for general legal work.
Additional service to be billed at an hourly rate.
■ Recommendation: Council approve the attached agreement with the law
firm of Burke, Williams & Sorenson, to provide City Attorney Legal
Services for the City of Atascadero. [City Manager]
2. Temporary Road Closure — Clear Channel Radio — Ice Skating Rink
■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works Staff.
■ Recommendation: Council approve a request by Clear Channel Radio for
the closure of Palma Ave., West Mall to East Mall, from December 20,
2007 through January 7, 2008. [Public Works]
3. Temporary Road Closure — Holiday Musical Walk -around -the -Lake
■ Fiscal Impact: $320.00 for the installation of Road Closed signs by Public
Works Staff.
Recommendation: Council approve the temporary road closure of
Marchant Avenue (from Pismo Street to Santa Rosa Road) and Lakeview
Drive (from Santa Rosa to Portola Road) for the Holiday Musical Walk -
around -the -Lake on December 1, 2007. [Public Works]
4. Final Map 2007-0153 (Parcel Map AT 02-0160) 2800 EI Camino Real (LLA
2002-0043) (Frederick)
■ Description: Final Map for Lot Line Adjustment, which changes
configuration of two parcels, but does not create additional lots or overall
square footage.
■ Fiscal Impact: None.
■ Recommendations: Council:
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1. Accept and Approve Final Parcel Map 2007-0153 (Parcel Map ATAL
02-0160), and
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Drainage Easement on behalf of the public, and
3. Authorize and direct the City Clerk to endorse the City Council's
approval on the map. [Public Works]
5. Second Reading of Draft Ordinances for PLN -2099-0818, General Plan
Amendment / Zone Change / Planned Development Amendment and
Two Lot Parcel Map, Eagle Creek Golf Course (Gearhart)
■ 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: Council:
1. Approve on second reading, by title only, Draft Ordinance A approving
Zone Text Change 2005-0111 amending the PD -8 Overlay District
based on findings; and
2. Approve on second reading, by title only, Draft Ordinance B approving
Zoning Map Change 2005-0111 based on findings. [Community
Development]
6. 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: There are no significant fiscal impacts.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A to:
(1) repeal Title 8 (Building Regulations) and Chapter 7 of Title 4 (Fire
Code) of the Municipal Code, and
(2) approve 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) amend Chapter 3 of Title 7 (Public Works) to revise the definition of
sewer connection availability. [Community Development]
Items pulled: Mayor Pro Tem Brennler, Item #A-5.
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MOTION: By Council Member Beraud and seconded by Council Member
Clay to approve Items #A-1, 2, 3, 4, and 6.
Motion passed 5:0 by a roll -call vote. (Item #A-1 Contract
#2007-029, Item #A-5 Ordinance No. 520)
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
approve Item #A-5.
Motion passed 3:2 by a roll -call vote. (Beraud, Brenner
opposed) (Item #A-5.1 Ordinance No. 518, Item #A-5.2
Ordinance No. 519)
B. PUBLIC HEARINGS:
1. PLN 2099-1108, Planned Development Overlay Zone #31: BMX Facility
Master Plan of Development, 6575 Sycamore Rd. (Atascadero BMX)
■ Disclosure of Ex Parte Communications:
■ Description: Approval of the proposed project would allow a private BMX
facility to be located at 6575 Sycamore Road.
■ Fiscal Impact: It is staff's understanding that the proposed BMX facility
will not be operated as a public facility, and no staff or operational costs
will be incurred. Additionally, all liability will be the responsibility of the
Atascadero BMX Association.
■ Recommendations: Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2006-0015; and
2. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Text Change 2005-0108 to establish Planned Development
Overlay Zone #31; and
3. Introduce for first reading, by title only, Draft Ordinance B approving
Zone Map Change 2007-0143 based on findings; and
4. Adopt Draft Resolution B approving Conditional Use Permit 2005-0168
(Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring. [Community
Development]
Council Member Clay stepped down from consideration of this item stating he owns
property within 500 feet of the site.
Ex Parte Communications
■ Council Member O'Malley stated he had discussions with those involved in the BMX
organization over a year ago.
■ Mayor Luna stated he had discussions with the BMX organization quite a while ago.
■ Council Member Beraud stated she spoke with several BMX advocates in the
community.
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Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Tom Jordan, BMX representative, spoke about the process that led to this project, the
benefits of BMX for the community, and answered questions of Council.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Beraud to adopt Draft Resolution A certifying
Proposed Mitigated Negative Declaration 2006-0015; and
introduce for first reading, by title only, Draft Ordinance A
approving Zone Text Change 2005-0108 to establish Planned
Development Overlay Zone #31; and introduce for first
reading, by title only, Draft Ordinance B approving Zone Map
Change 2007-0143 based on findings; and adopt Draft
Resolution B approving Conditional Use Permit 2005-0168
(Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring.
Motion passed 4:0 by a roll -call vote. (Clay abstained) (Item
#B-1.1 Resolution No. 2007-098, Item #B-1.4 Resolution No.
2007-099)
Mayor Luna recessed the hearing at 7:20 p.m.
Mayor Luna called the meeting back to order at 7:25 p.m.
Council Member Clay rejoined the hearing.
2. PLN 2006-1111. Condominium Development and Condominium
Conversion Ordinance (Title 9 and Title 11) City of Atascadero
■ Description: Approval of Ordinance will allow for conditional use permit
review for all new condominium development projects, including site
condominiums, and will help to retain the rental housing inventory in
Atascadero by establishing procedures and requirements for residential
condominium conversions.
■ Fiscal Impact: The fiscal impact will vary depending upon the methods of
implementation and the effect of the Ordinance on applications. Staff time
and resources are currently used to process project requests, additional
staff time may be required to monitor construction of new rental units and
to administer new inclusionary requirements. However, since few new
rental units are currently being constructed, the Ordinance may have the
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effect of reducing the staff workload due to a decrease in applications for
condominium conversions.
■ Recommendation: The Planning Commission recommends:
Council introduce for first reading, by title only, Draft Ordinance A to
approve PLN 2006-1111 (Zone Change 2006-0118) based on findings.
[Community Development]
Associate Planner Kerry Margason and Barbara Kautz of Goldfarb & Lipman gave the
staff report and answered questions of Council.
PUBLIC COMMENT
Roberta Fonzi explained her concern regarding the CUP requirement for new condo
projects, which she believes are the primary way for new homebuyers to get into the
market. She indicated a CUP is useful in some instances but it is the discretionary
element of this that bothers her.
Mayor Luna closed the Public Comment period.
There was Council discussion regarding the portion of the ordinance relating to new
condominium development.
MOTION: By Council Member Beraud and seconded by Mayor Luna to
introduce for first reading, by title only, Draft Ordinance A to
approve PLN 2006-1111 (Zone Change 2006-0118) based on
findings.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to amend the motion to delete the portion related
to new condominium development and refer that portion back
to staff for further refinement on seeing if there could be some
limitations on discretion at the Planning Commission.
Motion failed 2:3 by a roll -call vote. (Beraud, Brennler, Luna
opposed)
MOTION: By Council Member Beraud and seconded by Mayor Luna to
introduce for first reading, by title only, Draft Ordinance A to
approve PLN 2006-1111 (Zone Change 2006-0118) based on
findings.
Motion passed 3:2 by a roll -call vote. (Clay, O'Malley opposed)
C. MANAGEMENT REPORTS:
1. Solid Waste, Recycling and Green Waste, Agreements and Information
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■ Description: This report addresses proposed changes in the services and
fees for collection and disposal of solid waste, recycling and green waste.
■ Fiscal Impact: The new annual franchise fee will be approximately
$395,000.00, which reflects a $197,500 increase.
■ Recommendations: Council:
1. Receive the report on the Integrated Waste Management Authority
solid waste management fee; and
2. Authorize the City Manager to execute the Amended and Restated
Solid Waste Collection Franchise Agreement with Atascadero Waste
Alternatives; and
3. Deny the request by Chicago Grade Landfill, Inc. to amend the existing
agreement between the City and Chicago Grade Landfill for the
Exclusive Depositing of City Waste Collections into the Chicago Grade
Landfill. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Ex Parte Communications
■ Council Member Clay stated he had spoken with all parties.
■ Council Member O'Malley stated he spoke with all parties and visited the Chicago
Grade Landfill site several years ago and recently visited Mid Coast Recycling. He
also spent a lot of time with Michael LaBarbara and his staff, and spoke with Mike
Hoover on the phone today regarding this project. He also spoke with County
Auditor Controller Jerry Sibach.
■ Mayor Luna stated he spoke to Keith Ramsey from Atascadero Waste Alternatives
regarding whether he was okay with the project, which he was, and with Mike
Hoover who was disappointed with the staff report. He also spoke with County
Auditor Controller Jerry Sibach today.
■ Mayor Pro Tem Brennler stated he met with Mr. Ramsey and Russ Hicks of
Atascadero Waste Alternatives, and met Mr. Hoover tonight.
■ Council Member Beraud stated she serves on the IWMA and toured the North
County Recycling site when she first became a Council Member.
PUBLIC COMMENT
Keith Ramsey, Atascadero Waste Management, spoke about the recycling contract.
Mike Hoover, Chicago Grade Landfill, gave a PowerPoint presentation regarding the
proposed modification of the Waste Disposal contract and answered questions of
Council.
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Jerry Sibach, County Auditor Controller, gave some history regarding the Chicago
Grade Landfill and recycling in the north county. He explained the county's position that
the landfill facility is a resource that needs to be maintained.
County Supervisor Jim Patterson spoke about Atascadero's efforts in recycling, and the
good cooperation between agencies. He stated the rate should be based on the actual
cost of providing the service, and that this facility is a valuable resource and should be
maintained.
Bill Whorl, Manager Integrated Waste Management Authority, spoke about the cost
increase and what it would cover, and explained it has been 17 years since there was
an increase in his rates. He also stated that Atascadero would benefit greatly from the
new hauling agreement with Waste Management.
David Broadwater stated that there is no incentive to reduce the amount of waste used,
suggested an additional incentive for people who generate less waste, and spoke about
the dangers from sewage sludge.
Ron Rothman asked if there is any accommodation for those who live in mobile home
parks or large apartment complexes to recycle, particularly green waste.
Public Works Director Steve Kahn explained that Waste Management picks up green
waste outside of mobile home parks.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
authorize the City Manager to execute the Amended and
Restated Solid Waste Collection Franchise Agreement with
Atascadero Waste Alternatives.
Motion passed 5:0 by a roll -call vote. (Contract No. 2007-030)
There was Council discussion on the Item #3.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to approve the request by Chicago Grade Landfill to
amend the existing agreement between the City and Chicago
Grade landfill for the exclusive depositing of city waste
collection into the Chicago Grade Landfill with the
understanding that we will increase the rate by $1.10, and we
will continue with the four offers, which includes the recycling
if it is able to be provided at no cost; the other three items are
as staff recommended.
Motion passed 5:0 by a roll -call vote. (Contract No. 2007-031)
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Mayor Luna recessed the hearing at 9:30 p.m.
Mayor Luna called the meeting back to order at 9:36 p.m.
COMMUNITY FORUM:
Richard Mullin spoke about the realignment of Highway 41 and encouraged people to
use alternate routes. He suggested it is time to look at stop signs on other roads which
are now heavily impacted by those trying to get onto the freeway.
Lee Perkins stated her agreement with Mr. Mullin. She also asked the City Council to
consider moving Community Forum to an earlier time spot, and commented that it is
difficult for many to come out so late during the winter.
Ron Rothman commented on the recent Chamber of Commerce commissioned survey
on the Del Rio center and questioned the reliability of surveys as representing the truth.
David Broadwater spoke about city expenditures to Mathis and Associates, and
submitted a written statement to the Council regarding his concerns and requesting an
audit and reevaluation of the city's relationship with this contractor. (Exhibit A)
Tom Comar, Oppose Wal-Mart spokesperson, shared information with the Council
regarding Wal -Mart's action in regard to a permanently injured employee. Mr. Comar
asked about the city's hiring of an economic consultant and recommended not
processing the Wal-Mart application until that is in place.
Al Fonzi complimented the city and city staff on the way they decorated the Sunken
Gardens for the holidays. He also suggested other activities to add to the holiday spirit.
Garth Wilwand asked if there is any policing of Stadium Park at this time, and if there
could be trash receptacles, particularly at the entrance to the park.
Steve Martin, Executive Director Atascadero Main Street, distributed an informational
packet to the Council, complimented the city on the Sunken Gardens decor, and
reviewed upcoming holiday events.
Mayor Luna closed the Community Forum period.
There was Council discussion regarding the placement of the Community Forum period,
but no consensus was reached.
Administrative Services Director Rachelle Rickard addressed the issue of the double
payment to Mathis and Associates.
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City Manager McKinney reported on the status of the Economic Consultant RFP
process and the policing of Stadium Park.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Luna reviewed the holiday events schedule and announced that the ribbon
cutting and open house for the Colony Park Community Center will be held on Saturday
at 11:00 a.m.
D. COMMITTEE REPORTS:
Mayor Luna
1. Finance Committee: met yesterday and discussed the audit, CDBG grants
and received an update on development projects.
Council Member O'Malley
1. S.L.O. Regional Transit Authority (SLORTA): Having legal problems on going
out to bid for bus services.
2. Finance Committee: would like to look at increasing the Human Services
grant amount.
There was Council consensus to include a discussion item or management report
on a future agenda regarding a budget amendment to increase the Human
Services Grant.
3. Economic Vitality Corporation, Board of Directors (EVC): continuing with the
tourism study and Lois Capps will join tomorrow's meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
City Clerk Marcia McClure Torgerson announced that Parks and Recreation
Commissioner Rick Mathews (Mayor Luna's designee) had resigned as of the
end of year. Mayor Luna stated he would let the City Clerk know if he would like
her to recruit for the position.
City Manager
City Manager Wade McKinney reviewed the agenda for the next Council meeting
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F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 10:32 p.m. to the next regularly scheduled
meeting of the City Council on December 11, 2007.
MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A — David Broadwater, handout.
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