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Home My WebLink AboutAgenda 101204 :e�f�I' nrl 1918 188 CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, October 12, 2004 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9) a. Creekside Parcel Associates et al v City of Atascadero et al, San Luis Obispo Superior Court Case Number CV 020192 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Luna ROLL CALL: Mayor Luna Mayor Pro Tem Scalise Council Member Clay Council Member O'Malley Council Member Pacas INTRODUCTIONS: 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 and address 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.) APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1 . Proclamation declaring October 23rd — 31 st,2004 — "Red Ribbon Week." 2. Proclamation declaring the month of October, 2004 — "Domestic Violence Awareness Month." COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council 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.) 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 Meeting Minutes — September 14, 2004 ■ City Clerk Recommendation: Council approve the City Council minutes of the meeting of September 14, 2004. [City Clerk] 2. ABC 2004-0003 Alcoholic Beverage Control License Club License Finding of Convenience or Necessity 1500 EI Camino Real Atascadero Elks Lodge ■ Fiscal Impact: None. ■ Staff Recommendation: Council determine that the issuance of a "club license" for the on site consumption of alcohol at the Atascadero Elks Lodge located at 1500 EI Camino Real will serve a public necessity. [Community Development] 3. Anza Trail Certification and Law Enforcement Agreements with National Park Service ■ Fiscal Impact: None. • Staff Recommendation: Council authorize the City Manager to enter into the two agreements with the National Park Service to continue certification of the Atascadero segments of the Anza National Historic Trail, and provide for law enforcement services on the Atascadero Trail Segments. [Community Services and Police] 4. Police Vehicle Purchase ■ Fiscal Impact: $66,938.13 including sales tax and mandatory California tire fee. Funds are provided in the 2004-2005 City Budget. ■ Staff Recommendation: Council authorize the purchase of three (3) replacement police vehicles from Villa Ford in Orange, California. [Police] 5. Purchase of Parcel 3 of Parcel Map 85-225 (Generally known as Creekside Lanes ■ Fiscal Impact: Because the agency proposes to use its tax increment revenues to purchase Creekside Lanes pursuant to Health and Safety Code Section 33445, the City will not experience any fiscal impact as a result of the proposed transaction. ■ Staff Recommendation: Council accept Summary Report on the purchase of Parcel 3 of Parcel Map 85-225 and approve draft Resolution, making the required findings and approving the purchase by the Community Redevelopment Agency. [City Manager's Office] 6. Oak Grove: 1225 EI Camino Real Single Family Planned development Zone Change 2004-0082 (24 EI Camino Partners, LP) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ■ Staff Recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2004-0082 based on findings. [Community Development] i 7. Road Closure — Colony Days Parade Route ■ Fiscal Impact: None. ■ Staff Recommendation: Council approve the draft Resolution authorizing the closure of EI Camino Real from Curbaril to Traffic Way on Saturday, October 16, 2004 from 9:00 a.m. until 12:30 p.m. [Community Services] 8. Parks and Recreation Commission Appointments ■ Fiscal Impact: None. ■ Staff Recommendation: Council adopt on second reading, by title only, the draft Ordinance, amending Sections 2-13.01 and 2-13.03 of Atascadero Municipal Code relating to the appointment of Parks and Recreation Commission Members. [City Manager's Office] 9. City Hall Annex — Design Services ■ Fiscal Impact: Cost based on time and material, not to exceed $41,900.00. ■ Staff Recommendation: Council authorize the City Manager to execute a contract for architecture and miscellaneous engineering services with BFGC Architecture for Phase I design services for the City Hall Annex. B. PUBLIC HEARINGS: 1. West Front Mixed —Use Development/General Plan Amendment 2003-0005, Planned Development Zone Code Text 2003-0058, Mixed-Use Planned Development Zone Change 2003-0088, Master Plan of Development (CUP 2003-0108), Tentative Tract Map 2003-0035 (8870 West Front Road, 8760 Portola Road / Richard Shannon —West Front Properties) ■ Fiscal Impact: The project is conditioned to fund all of its in tract maintenance costs and contribute to the funding of emergency services. As conditioned, the project is projected to be revenue neutral to the City. ■ Planning Commission Recommendations: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0036; and, 2. Adopt Resolution B approving General Plan Amendment 2003-0005 based on findings; and, 3. Introduce for first reading by title only, draft Ordinance A, to approving Zone Text Change 2003-0058 establishing a PD-23 overlay district based on findings; and, 4. Introduce for first reading by title only, draft Ordinance B, to approving Zoning Map amendment of the project site to Commercial Retail, Residential Multi-family-16/Planned Development-23, Residential Single Family- X/Historic Site, based on findings and subject to conditions of approval and mitigation monitoring; and, 5. Adopt Resolution C approving CUP 2003-0108, adopting the project Master Plan of Development by resolution (Exhibit A), based on findings and subject to conditions of approval and mitigation monitoring; and 6. Adopt Resolution D approving Vesting Tentative Tract Map 2003-0035 ct t conditions of approval and mitigation based on findings subject o 9 J pp g monitoring. [Community Development] 2. EI Camino Real/Principal Avenue Mixed-Use GPA 2003-0008/ZCH 2003- 0070/ZCH 2004-0083 CUP 2003-0117/TTM 2003-0044 (Westpac Investments, Inc. ■ Fiscal Impact: The project is conditioned to fund all of its in tract maintenance costs and contribute to the funding of emergency services. As conditioned the project is projected to be revenue neutral to the City. ■ Planning Commission Recommendations: Council: 1. Deny Resolution A certifying Proposed Mitigated Negative Declaration 2004- 0024; and, 2. Deny Resolution B approving General Plan Amendment 2003-0008 based on findings; and, 3. Deny Ordinance A introducing an ordinance for first reading by title only, to approve Zone Text Change 2003-0070 establishing a PD-24 overlay district based on findings; and, 4. Deny Ordinance B introducing an ordinance for first reading by title only, to approve Zone Change 2004-0083 based on findings; and, 5. Deny Resolution C approving Conditional Use Permit 2003-0117 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 6. Deny Resolution D approving Vesting Tentative Tract Map 2003-0044 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] 3. 5310 Carrizo Rd. Single Family Planned Develoment Zone Change 2004- 0078, Master Plan of Development (CUP 2004-0126), Vesting Tentative Tract Map 2004-0048 (Griffin) ■ Fiscal Impact: The project is conditioned to fund all of its in tract maintenance costs and contribute to the funding of emergency services. As conditioned the project is projected to be revenue neutral to the City. ■ Planninq Commission Recommendations: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0030; and, 2. Introduce for first reading by title only, draft Ordinance A, to approve Zone Change 2004-0078 based on findings; and, 3. Adopt Resolution B approving Conditional Use Permit 2004-0126 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution C approving Vesting Tentative Tract Map 2003-0048 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. County Mayor's Round Table Mayor Pro Tem Scalise 1 . Atascadero State Hospital Advisory Board (appointed by Governor) 2. Local Agency Formation Commission (LAFCO) (City Selection Committee appointment) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA) Council Member Clay 1 . Water Committees Council Member O'Malley 1. Finance Committee 2. City/ Schools Committee 3. Air Pollution Control District (APCD) 4. League of California Cities - Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1 . City/ Schools Committee 2. Atascadero Youth Task Force 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, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the September 28, 2004 Regular Session of the Atascadero City Council was posted on September 22, 2004 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 22nd day of September 2004 at Atascadero, California. i Marcia McClure Torgerson, C.M.C., City Clerk' City of Atascadero