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HomeMy WebLinkAboutMinutes 111098 Approved as submitted November 24, 1998 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY,NOVEMBER 10, 1998 CLOSED SESSION,6:30 P.M.: 1) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: APN#028-152-001 (City of Atascadero)/Mr. John Dunn 2) Personnel: City Manager(Govt. Code Sec. 54957.6) REGULAR SESSION, 7:00 P.M.: Mayor Carden called the Regular Session to order at 7:03 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Others Present: City Clerk Marcia McClure Torgerson, City Treasurer Rudy Hernandez Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain,Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Recreation Supervisor Geoff English, Assistant City Engineer John Neil, Lt. Bill Watton, Lt. John Couch and City Attorney Roy Hanley. Mayor Carden asked the City Attorney to announce the Closed Session action. City Attorney Roy Hanley reported that on the personnel item the City Council evaluated the City Manager in Closed Session. The City Manager's contract provided a total compensation package of approximately $90,000 with an option of a annual bonus up to $5,000. The action taken by the Council in closed session by a 4:1 vote(Luna opposed), was that a bonus was in order based upon the personnel evaluation. Mr. Hanley stated that the rest of the bonus CC 11/10/98 Page 1 of 10 Approved as submitted November 24, 1998 discussion must be in a public forum. He suggested that the Council continue the discussion during this agenda. Mayor Carden stated that the Council will continue the bonus discussion after the Consent Calendar. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Lerno to approve the agenda as amended to include further bonus discussion concerning-the City Manager. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna stated that he attended the Atascadero Native Tree Association-sponsored "Day of the Oaks"meeting over the weekend and shared one of the speakers comments concerning maintaining an urban forest. He also stated that he went to a meeting with Rich Little of the County Agricultural Department, the Fire Chief and Jim Patterson, concerning tree maintenance in Atascadero. He suggested Atascadero purchase a chipper to be used for brush abatement by the Fire Department, Parks Department and Street Department. Mayor Carden mentioned that he had spoken with Council Member Iversen of Paso Robles 4 years ago concerning our two cities purchasing a chipper together. Mayor Pro Tem Johnson stated that there are two agenda items on the agenda tonight that have reports that will require periodic updates. He stated that he would like staff to create a list of policies that need to be reviewed annually so that we can keep them up to date. Council Member Luna said that they used to receive a punch list and stated that he appreciated it. He explained that it alerted the Council to things such as policy reviews. PRESENTATIONS: 1. Mayor Carden will present a Certificate of Appreciation to Howard Gaylord for his service on the Traffic Committee. Mr. Gaylord was unable to attend the meeting. CC 11/10/98 Page 2 of 10 Approved as submitted November 24, 1998 2. Lt, John Couch will introduce new Police Chaplains to the Council. Lt. Couch introduced the three new Police Chaplains, Rev. Al Jewell, Pastor Carl Billings and Pastor Steve Harms. 3. Lt. William Watton will present Rev. Rollin Dexter with a plaque in recognition of past service as a Police Chaplain. Lt. Watton gave a brief biography of Rev. Dexter's service to the City and presented him with a plaque. Rev. Dexter thanked the community and shared some stories of his experiences. 4. Chief Mike McCain will present Firefighter Arnhart with a plaque in recognition of 18 years of service to the community. Fire Chief Mike McCain shared his thoughts of appreciation and presented Firefighter Tim Arnhart with a plaque. 5. Chief Mike McCain will introduce the new Fire Captains, Keith Aggson and William White. Fire Chief Mike McCain introduced the new Fire Captains, Keith Aggson and William White. Chief McCain gave a brief biography of their service to the Fire Department. COMMUNITY FORUM: None A. CONSENT CALENDAR: Roll Call 1. City Council Minutes—October 13, 1998 - (City Clerk recommendation: Approve) [Marcia McClure Torgerson] 2. City Council Minutes—October 27, 1998—(City Clerk recommendation: Approve) [Marcia McClure Torgerson] 3. City Treasurer's Report—June 1998 - (City Treasurer's recommendation: Review and accept) [Rudy Hernandez] 4. City Treasurer's Report—July 1998 — (City Treasurer's recommendation: Review and accept) [Rudy Hernandez] 5. City Treasurer's Report—August 1998—(City Treasurer's recommendation: Review and accept) [Rudy Hernandez] 6. City Treasurer's Report—September 1998—(City Treasurer's recommendation: Review and accept) [Rudy Hernandez] CC 11/10/98 Page 3 of 10 Approved as submitted November 24, 1998 7. Road Abandonment#98001 —Request to abandon easterly 550 feet(+/-) of Tecolote Road (Davis) -Fiscal Impact: Positive (Planning Commission recommendations: 1) Council find the project would not have a significant effect on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of the California Environmental Quality Act (CEQA); and 2) Council adopt Resolution No. 1998-049, approving Road Abandonment#98001) [Paul SaldanaJ 8. Zone Change #98008 — Sign Ordinance Amendment Relative to Public Transit Facilities (City of Atascadero) — Fiscal Impact: Negligible (Staff recommendation: Council introduce, on second reading, waiving reading in full, Ordinance No. 354, amending the Zoning Ordinance relating to signs.) [Paul Saldana] 9. Joint Use of Facilities Agreement—Atascadero Unified School District—Fiscal Impact: Net loss of approximately$3,000 in lost revenue from the A USD (Staff recommendation: Council authorize the Mayor to enter into a one year agreement with the Atascadero Unified School District for the joint use of facilities) [Brady Cherry] Council Member Luna pulled Item#A-9. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Johnson to approve Items #A-1,2,3,4,5,6,7 and 8. Motion passed 5:0 by a roll-call vote. RE: Item #A-9—Council Member Luna asked for an explanation of the lost revenue. City Manager Wade McKinney explained that this agreement is a trade agreement. The City will not actually lose $3,000, but the trade in uses will not be exactly balanced as we have different facilities. Mayor Carden expressed his support for this agreement. Council Member Clay stated that he was opposed to charging youth groups for facilities. Mr. McKinney explained that this agreement is designed to only charge between the City and the School District. PUBLIC COMMENT: None. MOTION: By Council Member Luna and seconded by Council Member Lerno to approve Item#A-9. Motion passed 4:1 by a roll-call vote. (Clay opposed) CC 11/10/98 Page 4 of 10 Approved as submitted November 24, 1998 PUBLIC DISCUSSION OF CLOSED SESSION ITEM: City Attorney Roy Hanley reported that on the personnel item the City Council evaluated the City Manager in Closed Session. The City Manager's contract provided a total compensation package of approximately $90,000 with an option of a annual bonus up to $5,000. The action taken by the Council in closed session by a 4:1 vote (Luna opposed), was that a bonus was in order based upon the personnel evaluation. Mr. Hanley stated that the rest of the bonus discussion must be in a public forum. PUBLIC COMMENT: None. Mayor Pro Tem Johnson stated that evaluations are another item that he feels should be included on the list he mentioned earlier for annual review. Mayor Pro Tem Johnson made a motion to approve a bonus of$2,500 for the City Manager. Council Member Clay asked for discussion on the motion. He said that Mr. McKinney came into a difficult situation and has not been afraid to make the tough decisions. He stated that he thinks very highly of Mr. McKinney and feels that he deserves a$2,500 bonus. Mr. Clay seconded the motion. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve a bonus of$2,500 for the City Manager. Motion passed 4:1 by a roll-call vote. (Luna opposed) B. PUBLIC HEARINGS: 1. Revised Fee Schedule - Building & Safety Services — Fiscal Impact: Slight increase in projected revenues for FY 1998-99 (Staff recommendation: Council adopt Resolution No. 1998-050, adopting a revised fee schedule for building and safety services) [Paul Saldana) Community and Economic Development Director Paul Saldana gave the staff report and answered Council questions. Council Member Luna asked why he was proposing the approval of the 1994 building code fees instead of the most recent fees. Mr. Saldana answered that the California Building Standards Commission adopted the 1997 Uniform Building Codes in October 1998. They go into effect state-wide 180 days after their adoption. Therefore, Mr. Saldana explained that he would be proposing to the City Council the approval of the 1997 building codes in April 1999. Council Member Luna asked if the Resolution could be amended in Section 1 to read, "The City Council hereby adopts the most recent fees for Building and Safety permits,plan review and other services set forth in Exhibit"A" attached hereto and incorporated here in by this reference." Mr. Saldana said, yes. CC 11/10/98 Page 5 of 10 Approved as submitted November 24, 1998 Council Member Luna suggested a Fire development fee and showed examples with overhead projector(see Attachment A). He also suggested the adoption of an AB 1600 ordinance that would allow the collection of fees for recreational purposes (see Attachment B). He also stated that Atascadero's Economic Element states that, "...New development should pay its share of the costs of providing all capital facilities need to support it..." (see Attachment C). Mayor Carden asked the City Attorney about impact fees and if, once collected, do they have to be used within five years? Mr. Hanley answered, yes. However, it could be extended with the re-adoption of the Capital Improvement Plan. Council Member Clay stated that he agrees with Council Member Luna concerning the inclusion of fees for recreational purposes. Council Member Lerno asked if this means that developers are going to be charged additional impact fees since we cannot get them with the building fee process. Mr. McKinney explained that under AB 1600 the City needs to develop a capitol improvement program whose impact fees have a solid nexus to the improvements. For example, if a certain amount of new homes would benefit from a new fire station, a portion of the fire station costs could be tied to the potential new home sites. He also explained one of the concerns of staff is the issue of the sustainability of those capital assets. Mr. McKinney stated that the fire station is a good example; as you calculate potential revenues you will realize that we will not be able to afford to staff the fire station. Therefore, building the fire station in the first place may be suspect. We will need to look at how, in the long term,we will be able to manage those assets. PUBLIC COMMENT: None Council Member Lerno made a motion to adopt Resolution No. 1998-050 adopting a revised fee schedule for building and safety services. Mayor Pro Tem Johnson seconded the motion. Council Member Clay asked for discussion on the motion. He asked for clarification of the disabled access review. Mr. Saldana answered that the City has been required to do disabled access review for about 10 years. MOTION: By Council Member Lerno and seconded by Mayor Pro Tem Johnson to approve Resolution No. 1998-050. Motion passed 3:2 by a roll-call vote. (Clay& Luna opposed) (seepage 9) CC 11/10/98 Page 6 of 10 Approved as submitted November 24, 1998 2. Zone Change #98006 and Variance #98004 — Proposal to expand Planned Development Overlay Zone No. 10 onto adjacent site and vary from certain zoning standards pertaining to RV parks (Gearhart) — Fiscal Impact: Negligible (Planning Commission recommendations: 1.) Council find that the project would not have significant adverse effects on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of the California Environmental Quality Act (CEQA); and 2.) Council adopt Ordinance 355 for first reading waiving reading in full, approving Zone Change #98006; and 3.) Council adopt Resolution No. 1998-048, approving Variance #98004) [Paul Saldana] Council Member Lerno stepped down due to a potential conflict of interest. Community and Economic Development Director Paul Saldana gave the staff report and answered Council questions. Mayor Carden asked why the City is asking for the merging of these lots as a condition of approval. Mr. Saldana stated that condition was to ensure that the property being expanded for the RV park isn't sold and separated from the access. PUBLIC COMMENT: None Kelly Gearhart, Alcantara, (Applicant) stated that he did not want to merge the lots. Mr. Saldana said that they could amend Condition#2 to state, "...merged, deed restricted, or otherwise enjoined." Mayor Carden closed PUBLIC COMMENT period. Mayor Carden stated that he supported not merging the lots so that in the future, other uses would be possible. Council Member Clay stated that he wanted to delete Condition#2. Council Member Luna stated that without Condition#2 he could not support this item. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Johnson to find that the project would not have significant adverse effects on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of the California Environmental Quality Act (CEQA) Motion passed 4:0 by a roll-call vote. CC 11/10/98 Page 7 of 10 Approved as submitted November 24, 1998 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to adopt Ordinance 355 for first reading waiving reading in full, approving Zone Change#98006. Motion passed 3:1 by a roll-call vote. (Luna opposed) MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to adopt Resolution No. 1998-048, approving Variance #98004 with the following amendment: delete Condition #2. Motion passed 3:1 (Luna opposed) Council Member Lerno returned to the dais. C. MANAGEMENT REPORTS: 1. Investment Policy—Fiscal Impact: None (Finance Committee recommendation: Council adopt Resolution No. 1998-047 adopting the City ofAtascadero Investment Policy) [Rachelle Rickard] City Treasurer Rudy Hernandez gave the staff report and answered questions of Council. (Investment policy on file in the City Clerk's Office) Mayor Carden asked if the purchase of property, for example, is included in this policy. Administrative Services Director Rachelle Rickard answered that this policy covers the investment of cash. Council Member Luna asked the City Treasurer-elect to respond. David Graham, newly-elected City Treasurer, stated that he felt that in a program for City employees, the Council is referring to an expenditure that will be approved by the Council instead of an investment that will be handled by the City Treasurer. PUBLIC COMMENT David Graham, newly-elected City Treasurer,thanked outgoing City Trreasurer Rudy Hernandez for his work on this policy. Mayor Carden closed the PUBLIC COMMENT period. MOTION: By Council Member Luna and seconded by Council Member Clay to adopt Resolution No. 1998-047, adopting the City of Atascadero Investment Policy. Motion passed 5:0 by a roll-call vote. Council Member Luna asked if, on Item 913-1,the Council motion included his suggestion CC 11/10/98 Page 8 of 10 Approved as submitted November 24, 1998 to adopt the most recent Uniform Building Fee. Mayor Carden responded, no. Mayor Carden asked Council Member Lerno, who made the motion, if he would be willing to amend his motion. Council Member Lerno said no. Council Member Luna asked for reconsideration. Council Member Luna made a motion for the Council to reconsider Item#B-1. Mayor Pro Tem Johnson seconded the motion. There was lengthy Council discussion about the Building Code fees and whether they should adopt the 1994 fees or wait until the 1997 fees are in effect in 180 days. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson for the Council to reconsider Item#B-1. Motion did not pass. (2:3) (Council Members Clay, Lerno and Mayor Carden opposed) Council Member Luna stated that he wanted to change his vote on Item#13-1 to no. (see page 6) D. COMMITTEE REPORTS S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Carden stated that our part of the formula for funds from the State for rehabilitation of roads has gone up to $1,400,000. Water Committees Council Member Clay explained the process of monitoring wells in the County. County Mayor's Round Table Mayor Carden stated they will be meeting this Friday. Economic Vitality Corporation, Board of Directors Mayor Pro Tem Johnson announced that they have hired David Spar, as President of the EVC who will be starting on November 30`''. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Carden stated that he wants staff to put the following items on the next agenda: 1) Planning Commission appointments 2) Term of the Mayor CC 11/10/98 Page 9 of 10 Approved as submitted November 24, 1998 Council Member Luna stated that he doesn't understand why people are afraid of development fees. Mayor Pro Tem Johnson asked that since we will have a new Council Member as of the next meeting,that staff schedule a meeting to update their strategic plan. Cites City Clerk Marcia McClure Torgerson announced that as of today with the final count of all the ballots, Mike Arrambide and Ray Johnson are the official newly-elected Council Members. She stated that all the new officials will be sworn in at the next Council meeting on November 24, 1998. F. ADJOURNMENT: Mayor Carden adjourned the Regular Session to the Redevelopment Agency Meeting immediately following this meeting. MINUTES RECORDED AND PREPARED BY: tom, c 1 Marcia McClure Torgerson, City Clerld ATTACHMENTS: Overhead projection pages of Council Member Luna: #A—Fire Development Fee—Calculation #B —Fee Chart #C—Excerpt from Atascadero's Economic Element CC 11/10/98 Page 10 of 10 Attachment: A Atascadero City Council FIRE DEVELOPMENT FEE CALCULATION Page 1'of 1 FIRE DEVELOPMENT FEE CALCULATION The City Council has established a Fire Development Fee to generate partial funding in order to build a planned fire station on Gasser Drive,behind South Napa Marketplace. It applies to new construction only.Building additions, remodels,etc. are generally exempt. Demolished buildings,replaced with new construction, may receive square footage credit toward the new construction development fee with proper documentation. The fees are calculated by multiplying the total building square footage by the square footage fee amount as determined by the main use of the building. Commercial @ 72 cents per square foot Office @ 22 cents per square foot Industrial @ 16 cents per square foot Residential buildings are accessed at a flat rate as follows: Single Family Residence$216.00 Multi-Family Residence$336.69 All Fire Development Fees must be paid directly to Fire Prevention prior to receiving a building permit from the Building Department. Attachment: 13 Atascadero City Council 'ng Date: 11/10/98 Tentative Subdivision Map(5+lots) $3,225 Site and Architectural(>10,000 sq.ft.) $2,150 Tentative Parcel Map(4 lots or less) $2,150 Site and Architectural(<10,000 sq.ft) $2,150 Variance(Non Residential)(<10 000sQ•fL $1,150 - ) Text Amendments(<10,000 sq.ft.) .51,150 UsePermits(<10,000 sq.ft.) $1,150 IIL Miscellaneous Applications Variance(Residential) $960 Modification of Approval $960 Modification of PD Permit $960 ReinstatemenV/Extension(<10,000 sq.ft.) $960 Revised Dev.Schedule(<10,000 sq.ft.) $960 Site&Arch.,(Single-Family) $120 Signs(Each Sign) $120 Fence Exception $120 Promotional Events $120 IV.Park Dedication Fees(Residential Developments) <6 units per acre $10,990 per unit 6-13 units per acre $7,035 per unit 14-20 units per acre $6,615 per unit 21-27 units per acr(<10,000 sq.ft.) $5,635 per unit Building Fees L Building Permit 1.66%of sq.I cost from Builder's Standards Listing(Minimum$50.00) For example,a permit for a 400 sq.ft.residential addition which has a valuation of$54.29 per sq. &would be S300AS[(400x$54.29)x.0166) IL Electrical,Plumbing&Mechanical npbell.ca.usJCDdevfee.htm Attachment: C Atascadero City.Council Meeting Date: 11/10/98 C. NEW DEVELOPMENT Policy C-1: New development should pay its share`of the costs of providingl%all :capital facilities ,_needed to support...it;. pay- . ment may be in the form of actual construction of facilities where appropriate as conditions of approval and/or by. the payment of fees, among other possibilities . Rationale: New facilities are needed in the 'community and new development must contribute to the construction of such facil- ities. Program C-1c The City will review its developer fees on an annual basis . Program C-2 : The City will continue to utilize and refine its fiscal impact model to estimate the specific financial impacts ofchanges in land use and new development projects; this model 'should help to evaluate impacts of individual projects and recommended appropriate mitigation measures . D. REVENUE ENHANCEMENT Policy D-1: The City shall continue to seek ways to create a diverse and growing financial base to generate sufficient revenue to maintain current service levels, emphasis will be given to non-tax sources . IX-3