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HomeMy WebLinkAboutAgenda 100907I 1 lEl�=� Idl . r CITY OF ATASCA DERO CITY COUNCIL AGENDA Tuesday, October 9, 2007 Redevelopment Agency: 6:30 P.M. City Council: 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT — CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Govt. Code Sec. 54956.9 (a)) 1. Gaughan v. City of Atascadero San Luis Obispo County Superior Court Case No. CV060925 2. Martin Tracey v. City of Atascadero San Luis Obispo County Superior Court Case No. CV070670 b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Sec. 54956.8) 1. Property: 5855 East Mall Agency Negotiator: Warren Frace, Community Development Director Negotiating Party: Gearhart Development Under Negotiation: Instruction to negotiator will concern price and terms of payment. 2. Property: Graves Creek Reservation 8, APN #055-011-019 Agency Negotiator: Warren Frace, Community Development Director Negotiating Party: County of San Luis Obispo Under Negotiation: Instruction to negotiator will concern price and terms of payment. 3. ADJOURN 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Beraud ROLL CALL: Mayor Luna Mayor Pro Tem Brennler Council Member Beraud Council Member Clay Council Member O'Malley APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Employee Service Award Presentations A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Special Meeting (Streetscape) Minutes — September 11, 2007 ■ City Clerk Recommendation: Council approve the City Council Special Meeting (Streetscape) Minutes of September 11, 2007. [City Clerk] 2. City Council Meeting Minutes — September 11, 2007 ■ City Clerk Recommendation: Council approve the City Council Meeting Minutes of September 11, 2007. [City Clerk] 3. June 2007 Investment Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for June 2007. [City Treasurer] 4. Temporary Road Closure — Farmers' Market ■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: _Council approve a request by Farmers' Market for the closure of Palma Avenue from East Mall to West Mall from 12:00 p.m. to 6:30 p.m. on October 17th, 2007. [Public Works] 5. Santa Cruz Road Repair Prosect Change Order, Bid No. 2007-006 ■ Fiscal Impact: $200,000.00 ■ Recommendations: Council: 1. Authorize the City Manager to approve Change Order #1 up to an additional $200,000.00 for additional construction work on the Santa Cruz Road Repair Project (Project); and, 2. Authorize the City Manager to approve any additional change orders up to 20% of the base bid plus Change Order #1; and, 3. Authorize the closure of Santa Cruz Road between Lenosa Lane and San Gregorio Road for the Project's duration. [Public Works] B. PUBLIC HEARINGS: 1. PLN 2006-1171 / APL 2007-0014, Appeal of Planning Commission Action on August 7, 2007, Reconsideration of Tentative Parcel Map 2006-0087 10270 Santa Ana Road (Baltes / Koch) ■ Disclosure of Ex -Parte Communications ■ Description: Appeal of the Planning Commission's denial of a two -lot Tentative Parcel Map and Tree Removal Permit at 10270 Santa Ana Road. ■ Fiscal Impact: None. ■ Recommendation: Council: 1. Deny the appeal and uphold the Planning Commission decision to deny Proposed Tentative Parcel Map 2006-0087; Or 2. Refer the application back to staff and Planning Commission to consider the applicant's revised Tentative Parcel Map. This option would require plan check for code compliance and revision of the Mitigated Negative Declaration. [Community Development] 2. PLN 2006-1117 Ridgeway Court Planned Development: Custom Planned Development #29 5825 Ridgeway Ct (Beck) ■ Disclosure of Ex -Parte Communications ■ Description: Approval would allow an 8 -unit detached residential planned development. ■ 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 a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions 17 and 18). ■ Recommendations: Planning Commission recommends Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2007-0003; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2006-0121 to establish Planned Development Overlay Zone #29; and, 3. Introduce for first reading, by title only, draft Ordinance B approving Zone Map Change 2007-0135 based on findings; and, 4. Adopt Resolution B approving Conditional Use Permit 2006-0184 (Master Plan of Development), based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution C approving Vesting Tentative Tract Map 2006-0089 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] 3. PLN 2007-1200 Road Abandonment / Lot Line Adjustment, 6305 Morro Road (Giessinger) ■ Disclosure of Ex -Parte Communications ■ Description: This request is proposed to accommodate an 850 square foot car wash adjacent to an existing car wash / gas station. ■ Fiscal Impact: As conditioned, the applicant shall pay all fees and expenses to abandon the right-of-way. No significant fiscal impact is anticipated on the City with this Road Abandonment. If the City seeks fair market value of the property the project will be revenue positive to the City. ■ Recommendations: Planning Commission recommends the Council: 1. Adopt Resolution A summarily vacating an undeveloped portion of Marchant Avenue right-of-way (Road Abandonment 2007-0018) based on findings and subject to Conditions of Approval. 2. Adopt Resolution B approving Lot Line Adjustment 2007-0082, based on findings and subject to Conditions of Approval. 3. Seek market rate compensation for the undeveloped portion of Marchant Avenue right-of-way. [Community Development] C. MANAGEMENT REPORTS: 1. Proposition 1 B Fundinq Application for Proposed Atascadero Transit Center • Description: If successful, this funding would bring $2,500,000.00 to the City for the design and construction of a Transit Center. • Fiscal Impact: Staff is requesting authorization to apply for $2,500,000.00 in Proposition 1B funds to build an Atascadero Transit Center. This amount was selected based on approximate costs of a small transit center. Matching funds may be a ranking criterion for 1B Funding application that will be available on October 10th. This may be an opportunity to leverage other City funds for redevelopment in Downtown Atascadero. Staff will report back when more detailed information is available about the application criterion. ■ Recommendation: Council approve the attached Draft Resolution authorizing the submission of an application to the San Luis Obispo Council of Governments (SLOCOG) for $2,500,000.00 from Proposition 1 B funding for an Atascadero Transit Center. [Public Works] 2. Commission Norms and Procedures ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Review Commissions' suggested amendments to the Commission Norms and Procedures; and, 2. Make any desired amendments to the Commission Norms and Procedures; and, 3. Approve the Commission Norms and Procedures [City Manager] 3. Reauest for Continued Fundina Commitment to Assist in Purchase of Property by the Atascadero Land Preservation Society (ALPS) (8300, 8350, 8400 Toloso Road) ■ Fiscal Impact: $50,000 from the Tree Fund, and $200,000 from the Open Space Acquisition Fund. These funds are included in the current budget. ■ Recommendation: Council confirm the City's commitment to ALPS in the amount of $250,000.00, to cover the remainder of the purchase price for the Davis property, at Highway 41, near the three bridges. [City Manager] COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. sCouncil Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. County Mayor's Round Table 2. Finance Committee 3. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 4. Nacimiento Water Purveyors' Contract Technical Advisory Group 5. North County Water Purveyors Group Mayor Pro Tem Brennler 1. Air Pollution Control District (APCD) 2. Economic Opportunity Commission (EOC) 3. Atascadero Youth Task Force Council Member Beraud 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee Council Member Clay 1. City / Schools Committee Council Member O'Malley 1. S.L.O. Council of Governments (SLOCOG) 2. S.L.O. Regional Transit Authority (SLORTA) 3. Finance Committee 4. Economic Vitality Corporation, Board of Directors (EVC) 5. League of California Cities — Council Liaison 1 1 1 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the October 9, 2007 Regular Session of the Atascadero City Council was posted on October 3, 2007 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 3rd day of October, 2007 at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470- 3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: 1. You must approach the podium and be recognized by the Mayor 2. Give your name and address (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 5 minutes (unless changed by the Council) 7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council).