HomeMy WebLinkAboutMinutes 1211071
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Approved January 22, 2008
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, December 11, 2007 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Beraud 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, Fire Chief Kurt Stone, Police Chief John Couch,
Redevelopment Specialist Marty Tracey, Deputy Community
Development Director Steve McHarris, Deputy Public Works
Director David Athey and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Beraud to approve the agenda.
Motion passed 5:0 by a roll -call vote.
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CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor — The City Clerk will accept nominations
from the Council Members
Mayor Luna nominated Mayor Pro Tem Brennler to the position of Mayor.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
close the nominations.
Motion passed 5:0 by a roll -all vote.
MOTION: By Mayor Luna and seconded by Council Member Beraud to
nominate Mayor Pro Tem Brennler to the position of Mayor.
Motion passed 5:0 by a roll -call vote.
Mayor Brennler wished the community and neighboring communities a very safe and
joyous holiday season. Mayor Brennler spoke about his commitment to the community,
and thanked outgoing Mayor Luna for his leadership through the last year.
2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
Council Member O'Malley nominated Council Member Beraud to the position of Mayor
Pro Tem.
MOTION: By Council Member Luna and seconded by Council Member
Beraud to close the nominations.
Motion passed 5:0 by a roll -call vote.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to nominate Council Member Beraud to the
position of Mayor Pro Tem.
Motion passed 5:0 by a roll -call vote.
COUNCIL REORGANIZATION RECESS
Mayor Brennler recessed the hearing at 7.07 p.m.
Mayor Brennler called the meeting back to order at 7.20 p.m.
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Approved January 22, 2008
PRESENTATION:
1. Presentation of Distinguished Service Medal to Officer Wyatt Kasfeldt
Police Chief John Couch presented Officer Kasfeldt with the Service Medal and
explained the incident in which Officer Kasfeldt distinguished himself.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — October 23, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of October 23, 2007. [City Clerk]
2. City Council Continued Hearing Minutes — October 29, 2007
■ City Clerk Recommendation: Council approve the City Council Continued
Hearing Minutes of October 29, 2007. [City Clerk]
3. City Council Special Meeting Minutes — November 8, 2007
■ City Clerk Recommendation: Council approve the City Council Special
Meeting Minutes of November 8, 2007. [City Clerk]
4. Assignment of Factory Outlets Agreement to Mission Oaks Annex, LLC
■ Fiscal Impact: No new fiscal impact, however, there is a continued
budgeted impact of approximately $43,200 annually.
■ Recommendation: Council approve assignment of "Agreement by, and
between, the City of Atascadero and Camino Real Fashion Outlets
Center, Ltd., dated July 1, 1994" from Morro Road Homes, LLC and 197
Property Investments, LLC, to Mission Oaks Annex, LLC and 197 Property
Investments, LLC effective August 30, 2006. [Administrative Services]
5. Confirm the Appointment of the Police Chief
■ Fiscal Impact: No new impact.
■ Recommendation: Council confirm the appointment of Jim Mulhall as
Police Chief. [City Manager]
6. PLN 2099-1108 - Planned Development Overlay Zone #31: BMX Facility
Master Plan of Development - 6575 Sycamore Rd (Atascadero BMX
■ 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: Council:
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Approved January 22, 2008
1. Adopt on second reading, by title only, Draft Ordinance A approving
Zone Text Change 2005-0108 to establish Planned Development
Overlay Zone #31; and,
2. Adopt on second reading, by title only, Draft Ordinance B approving
Zone Map Change 2007-0143 based on findings. [Community
Development]
7. 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
effect of reducing the staff workload due to a decrease in applications for
condominium conversions.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2006-0111 based on findings.
[Community Development]
8. Final Map 2006-0147 (Parcel Map AT 05-0292) 9075 San Dieqo Road
(TPM 2005-0075) Mumford and Inman
■ Description: Final map of division of 8.1 acres into three lots of 2.6, 2.6
and 2.9 acres.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and approve Final Parcel Map 2006-0147 (Parcel Map AT 05-
0292), and,
2. Reject the offers of dedication for Roads and Public Utility Easements
without prejudice to future acceptance on behalf of the public, and,
3. Authorize and direct the City Clerk to endorse the Council's approval
on the Map, and,
4. Authorize City Manager to sign a Subdivision Improvement Agreement
for improvements associated with Final Map 2006-0147. [Public
Works]
9. Final Map 2007-0159 (Parcel Map AT 05-0230) 8200 Coromar (TPM 2005-
0073) (Gearhart)
• Description: Final Map for the division of 1.51 acres into two lots of 0.88
and 0.63 acres.
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■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and approve Final Parcel Map 2007-0159 (Parcel Map AT 05-
0230), and,
2. Authorize and direct the City Clerk to endorse the Council's approval
on the Map. [Public Works]
10. Santa Cruz Road Slope Stabilization Project Change Order- Bid No.
2007-006
■ Description: Change Order will require appropriation of additional
$202,410.00 for the Santa Cruz Road Slope Stabilization Project.
■ Fiscal Impact: An additional appropriation of $202,410 will be necessary
in order to complete the project. Staff is recommending that Local
Transportation Funds (LTF) be used.
■ Recommendations: Council:
1. Authorize the City Manager to approve Change Order #2 with Raminha
Construction for $227,096.00 for additional construction work on the
Santa Cruz Road Slope Stabilization Project (Project); and,
2. Authorize the City Manager to approve any additional change orders
with Raminha Construction for a total amount not to exceed
$10,000.00; and,
3. Authorize the Administrative Services
in Local Transportation Funds for
Stabilization Project. [Public Works]
Director to appropriate $202,410
the Santa Cruz Road Slope
11. Vehicle Purchases - Public Works Department
■ Fiscal Impact: The combined cost of both vehicles is $36,791 including
sales tax, shipping fees, mandatory tire fee, and $500 / unit discount for
payment within (20) days of receipt of invoice. Funds are provided in the
2007/2008 City budget.
■ Recommendation: Council authorize the purchase of two (2) vehicles
through the State of California Department of General Services. [Public
Works]
12. Enaineerina Desian Contract Award for Streetscape Projects
(Contract for Professional Services)
■ Description: Award contract for the design of the City Council approved
Streetscape projects.)
■ Fiscal Impact: $292,164.40.
■ Recommendation: Council authorize the City Manager to execute a
contract with Rick Engineering Company to design various streetscape
improvements for $292,164.40. [Public Works]
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Approved January 22, 2008
Items pulled: Council Member O'Malley Item #A-11, Council Member Clay Item #A-6,
and A-7.
Mayor Brennler referred to Item #A-2 and corrected two typographical errors. Council
Member Clay asked that his comments clarifying his yes vote be included in the
minutes. City Clerk Marcia McClure Torgerson stated she would listen to the tape and
include those comments in the minutes.
MOTION: By Council Member Luna and seconded by Council Member
O'Malley to approve Items #A-1, 2 (as amended), 3, 4, 5, 8, 9,
10, and 12.
Motion passed 5:0 by a roll -call vote. (Item #A-8 Contract No.
2007-032, Item #A-12 Contract No. 2007-033)
Item #A-6
Council Member Clay stepped down from consideration of this item stating he owns
property within 500 feet of the proposed BMX park.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Beraud to approve Item #A-6.
Motion passed 4:0 by a roll -call vote. (Clay abstained) (Item
#A-6.1 Ordinance No. 521, Item #A-6.2 Ordinance No. 522)
Council Member Clay rejoined the hearing.
Item #A-7
Council Member Clay stated he voted no on this item in the past because of his concern
with including new condominiums in this ordinance. He believes new condos are
affordable to the first time buyer and very few are being built.
Council Member O'Malley stated that he voted against this originally because he
believes including new construction in the ordinance will create a disincentive for
affordable housing.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
B6raud to approve Item #A-7.
Motion passed 3:2 by a roll -call vote. (Clay, O'Malley opposed)
(Ordinance No. 523)
Item #A-11
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City Manager McKinney explained
that the City wants to look at
an opportunity to
purchase a hybrid vehicle in place
of the one Ford Escape. He
requested Council
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Approved January 22, 2008
approval to purchase the pickup for the Community Center and will come back to
Council for the additional appropriation for the hybrid vehicle.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to approve Item #A-11 as modified by the City
Manager.
Motion passed 5:0 by a roll -call vote.
B. PUBLIC HEARINGS:
1. Fiscal Year 2006-2007 Audit
■ Fiscal Impact: None.
■ Recommendation: Council review and accept the financial audit for the
period ended June 30, 2007. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
Kathy Niffenegger of Glenn, Burdette, Phillips and Bryson, spoke about the audit she
performed and answered questions of Council.
PUBLIC COMMENT
Eric Greening raised questions about the TDA, RCD money for the Creek Trail project,
and road repair costs. He suggested moving transportation spending for roads into the
hands of drivers and vehicle purchasers rather than drawing on the General Fund.
Mayor Brennler closed the Public Comment period.
Administrative Services Director Rickard and Council Member O'Malley addressed
questions raised during the Public Comment period.
There was Council consensus to receive and file the financial audit.
2. Title 9 Plannina and Zonina Text Amendment — PLN 2007-1238 (City of
Atascadero)
■ Description: Amendment pertains to processing timeframes, lot size
requirements and accessway setbacks.
■ Fiscal Impact: None.
■ Recommendation: Planning Commission Recommends City Council:
Introduce Draft Ordinance A for first reading, by title only, to approve Zone
Change 2007-0138 based on findings. [Community Development]
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Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT — None
MOTION: By Mayor Pro Tem Beraud and seconded by Council Member
Luna to introduce Draft Ordinance A for first reading, by title
only, to approve Zone Change 2007-0138 based on findings.
Motion passed 5:0 by a roll -call vote.
3. Zonina Text Amendment: Planned Development Overlav District #9 PLN
2007-1248 - 800-955 EI Camino Real - Westar Associates
■ Disclosure of Ex Parte Communications
■ Description: Approval would allow hotels and motels, and eating and
drinking places with drive-through facilities in the PD -9 overlay zone
subject to Conditional Use Permit approval.
■ Fiscal Impact: Hotels typically generate more revenue per square foot
than retail uses because of the Transient Occupancy Tax (TOT). The
proposed zone change would allow hotels in addition to retail on the
project site. Staff anticipates this change will likely result in a positive
fiscal impact to the City if a hotel is built on the site rather than a retail
commercial building.
■ Recommendation: Planning Commission recommends Council:
Introduce for first reading, by title only, draft Ordinance A approving
amendments to the conditionally allowed use for the PD -9 Overlay Zone
based on findings. [Community Development]
Ex Parte Communications
■ Council Member O'Malley stated he met with Westpac representatives a number of
years ago and reviewed some of the project issues. His last meeting was in May of
2006 with staff and the Westpac Investment Group at which time they were
considering coming before Council to change commercial to residential.
■ Mayor Brennler stated he spoke with Westar representatives tonight, but no
business issues were discussed.
■ Council Member Luna stated he met the Westar representative tonight and had no
contact on the issue.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Connor Best, applicant's representative, stated their agreement with the staff report and
answered questions of Council.
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Eric Greening stated his support for the site specific part of the application but
questioned adding a city wide policy decision on drive through businesses and its
potential impacts.
Joanne Main spoke of her agreement with this site for a hotel/motel and urged Council's
approval. She also commented on the necessity for tourism development in the city.
Mayor Brennler closed the Public Comment period.
Deputy Community Development Director McHarris addressed issues raised during the
Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to introduce for first reading, by title only, draft
Ordinance A approving amendments to the conditionally
allowed use for the PD -9 Overlay Zone based on findings.
Motion passed 5:0 by a roll -call vote.
COMMUNITY FORUM:
Geraldine Brasher Phemister, Board Member of the Atascadero Land Preservation
Society, spoke of their sponsorship of the Christmas tree at the Lake Pavilion and of
their change to a commercial quality LED lighting system for the tree.
Eric Greening spoke of the advantages of moving the Community Forum period to a
position at the beginning of the meeting.
Steve Martin, Executive Director Atascadero Main Street, gave a progress report on the
Winter Wonderland event in the downtown.
Joanne Main, Atascadero Chamber of Commerce, asked if there could be a regular
schedule for the Finance Committee meetings, and urged the Council to have a
balanced representation on that committee. She spoke in favor of leaving the
Community Forum in its current position on the agenda as it allows Council to give its
full attention to the business items on the agenda.
Mayor Brennler closed the Community Forum period.
There was Council discussion regarding the location of the Community Forum period on
City Council agendas.
Mayor Brennler requested that the issue of the Community Forum order be agendized
for a future agenda.
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COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley thanked Police Chief Couch for his excellent job and
congratulated Lt. Mulhall on his promotion to Police Chief.
C. COMMITTEE REPORTS:
Council Member Luna
1. County Mayor's Round Table: Discussed the state of California being in the
red and the necessity of cities protecting their funds Many of the mayors are
not interested in the County's BID and Council Member Luna suggested
Atascadero rethink their involvement.
Council Member O'Malley
1. S.L.O. Council of Governments (SLOCOG): City staff has positioned
Atascadero well to get its fair share.
2. S.L.O. Regional Transit Authority (SLORTA): By looking at contract issues
was able to save several thousand dollars. They are seeking a new director.
3. Economic Vitality Corporation, Board of Directors (EVC): Doing the county
wide tourism study and this might be an opportunity for Atascadero to revisit
their tourism strategy.
Council Member O'Malley suggested adding the Campaign Reform Committee to
the regular committee report section.
Mayor Brennler
Mayor Brennler announced the following committee assignments:
■ Council Member O'Malley — SLOCOG, RTA, EVC, League of California
Cities
■ Council Member Luna — Finance Committee and Liability Claims Review,
SLO County Flood Control and Water Conservation District, North County
Water Purveyors
■ Mayor Pro Tem Beraud — Integrated Waste Management, City Schools
■ Mayor Brennler — Finance Committee and Liability Claims Review, Air
Pollution Control District, Mayors Round Table
■ Council Member Clay — City Schools, Atascadero Youth Task Force
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D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay discussed his concern with the number of vacancies in the
strip malls and the Carlton. He also spoke about surveys done locally regarding
Wal Mart.
Mayor Pro Tem Beraud stated that the Campaign Reform Committee should be
added to the list of committee reports.
Council Member O'Malley asked staff for an update on Colony Square and
Stadium Park. Regarding Colony Square, City Manager Wade McKinney
reported staff is working with the owners, and that the Stadium Park update will
be agendized for a future meeting. Council Member O'Malley spoke about the
issues the Campaign Reform Committee is addressing.
City Manager McKinney stated the Campaign Reform Committee is an ad hoc
not a standing committee, which are listed on the agenda. He reported that staff
is looking at targeting January 23rd and 24th for a program to begin the campaign
reform effort entitled "Atascadero At Its Best."
City Manager
a. Oral Report — Legislative Briefing
Assistant City Manager Jim Lewis gave a report on the League of California
Cities Legislative Briefing.
E. ADJOURNMENT:
Mayor Brennler adjourned the meeting at 9:32 p.m. to the next regularly scheduled
meeting of the City Council on January 8, 2008.
MINUTES PREPARE Y:
Grace Pucci, Deputy City Clerk
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