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HomeMy WebLinkAboutMinutes 111202 Approved December 10,2002 e CITY OF A TASCA DERO INS 19 8 CITY COUNCIL MINUTES TUESDAY, November 12, 2002 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Redevelopment Specialist John Jansons, Information Technology Director Andrew Fruin, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. INTRODUCTIONS: Mayor Arrambide called for staff introductions. CC 11/12/02 Page 1 Approved December 10,2002 APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to approve the Agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS: 1 . Recognition Plaque - Peter Kincade, resigning Little League President Assistant City Manager Brady Cherry introduced Peter Kincade to the Council. Mr. Kincade thanked the City Council, on behalf of all volunteers, for their recognition. 2. Presentation by Andrew Fruin, Information Technology Director, to Melanie Whaley, Technical Assistant II, for Microsoft certification Information Technology Director Andrew Fruin explained to the Council Ms. Whaley's accomplishments for Microsoft certification, many on which were achieved on her own time and initiative. Ms. Whaley now runs training classes in Microsoft programs for City staff. COMMUNITY FORUM: Charlotte Byrne, updated the Council on the EI Camino Homeless Organization's (ECHO) progress and thanked them for their support. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay reported on the Veteran's Day ceremony at the cemetery. A. CONSENT CALENDAR: 1. City Council Minutes - October 22, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of October 22, 2002 [City Clerk] 2. City Treasurer's Report - August and September 2002 ■ Fiscal impact: None ■ City Treasurer recommendation: City Council approve the City Treasurer's report for August and September 2002. [City Treasurer] CC 11/12/02 Page 2 Approved December 10,2002 3. September Disbursements - September 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,740,420.23 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for September 2002. [Administrative Services] 4. City Council Reimbursement ■ Fiscal impact: The $75.00 per month allowance would result in an annual expense of $4,500. ■ Staff recommendation: Council adopt draft Resolution setting forth meeting and professional development allowances for City Council Members. [City Manager] 5. Zone Change 2002-0028 - 1625, 1683, 1685 EI Camino Real (Kelly Gearhart/Wilson Land Surveys) ■ Fiscal impact: Slight negative impact on City revenues — Single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: Council: 1. Adopt on second reading by title only, the draft Ordinance A for the creation of a new PD-17 overlay district; and, 2. Adopt on second reading by title only the draft Ordinance B enacting Zone Change 2002-0028 rezoning the project site to RSF-X / PD-17 subject to a Master Plan of Development; and, 3. Review and approve the Master Plan of Development and Tentative Map condition reserving certain units for sale to residents or people employed within the City of Atascadero. [Community Development] 6. Final Tract Map 2001-0012 (Tract Map 2396) [TTM 2001-00011 - 6250 San Gabriel Road (Rancho de Paraiso, LLC) ■ Fiscal impact: ■ Staff recommendation: Council 1. Accept Final Tract Map 2001-0012 (Tract Map 2396). 2. Reject without prejudice to future acceptance, the dedication of all streets and easements delineated as offers of dedication for street purposes, public utility, slope, drainage, and emergency access easements. 3. Authorize City Manager to execute Subdivision Improvement Agreement. [Public Works] 7. Award of Contract for Downtown Streetscape Design Services ■ Fiscal impact: $6,500.00 for Amendment #2 — funds included in the Project budget. ■ Staff recommendation: Council authorize the City Manager to execute amendment #2 to the Consultant Services Agreement with FIRM Design Group to produce the conceptual design and construction documents for Downtown Streetscape. [Public Works] Council Member Luna pulled Items #A-4 and #A-5. Member of the public Joan O'Keefe pulled Item #A-1 . MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-2, 3, 6, and 7. Motion passed 5.0 by a roll-call vote. (Item #A-6 Contract No. 2002-028) CC 11/12/02 Page 3 Approved December 10,2002 Joan O'Keefe indicated that her statement for Item #2 on the Minutes of November 12, 2002, was incorrect. She had stated that the type of residential development proposed by Mr. Gearhart did not reflect the kind of residential development unique to Atascadero, but that she had accepted that where the terrain would allow, it was important to allow more density. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Item #A-1 as amended. Motion passed 5:0 by a roll-call vote. Council Member Luna stated that he had pulled Item #A-4 because he would be voting against it. There was Council discussion on this item. MOTION: By Council Member Johnson and seconded by Council Member Clay to approve Item #A-4. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2002-049) Council Member Luna indicated that he would be voting no on this item because he thinks that more than two of the proposed sites should be designated affordable. Council Member Clay asked for discussion on recommendation #3 and spoke about his conversations with Mr. Gearhart regarding his commitment to making 19 market rate homes available to the citizens of Atascadero from the day he breaks ground to just prior to completion of the home in question. These homes are to be owner-occupied. Council Member Clay questioned the 10-year time limit for the two deed restricted affordable units and asked Council to consider a longer time limit and possibly reserving these units on a priority basis for members of the community who work for the City. There was Council discussion regarding these suggestions. MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt on second reading by title only, the draft Ordinance A for the creation of a new PD-17 overlay district; and, adopt on second reading by title only the draft Ordinance B enacting Zone Change 2002-0028 rezoning the project site to RSF-X / PD-17 subject to a Master Plan of Development. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Ordinance No. 402, Ordinance No. 403) There was Council discussion regarding the appropriateness of making changes to this project at this point in time. PUBLIC COMMENT - None CC 11/12/02 Page 4 Approved December 10,2002 MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to approve bulleted item No. 1 on Page 52 of the staff report: The project shall include two (2) deed restricted moderate-income affordable units. Deed restrictions shall be recorded at the time of final map and have a 10-year limit. Motion passed 3:2 by a roll-call vote. (C/ay and Luna opposed) MOTION: By Council Member Clay and seconded by Council Member Johnson to accept item No. 2-a), b), c), d) and e) on page 52 of the staff report as written. Motion passed 5.0 by a roll-call vote. MOTION: By Council Member Johnson and seconded by Council Member Clay to review and approve the Master Plan of Development and Tentative Map condition reserving certain units for sale to residents or people employed within the City of Atascadero. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Motion duplicates the previous two motions and approves Agenda Item #A-5.3.) B MANAGEMENT REPORTS: 1. Urgency Ordinance - Off Premises Auto Sales and Introduction of Permanent Ordinance to Same Effect ■ Fiscal impact: None has been identified, but staff will examine the sales tax and other revenues that may be produced by these events before the matter is returned to the City Council. ■ Staff recommendation: City Council: 1. Adopt, by a 4/5 vote, draft Urgency Ordinance restricting off-premises sales of automobiles. 2. Introduce for first reading, by title only, draft Ordinance forbidding off-site auto sales events. [City Attorney] City Attorney Roy Hanley gave the staff report and answered questions of Council. PUBLIC COMMENT - None MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt the draft Urgency Ordinance of the City of Atascadero pertaining to the prohibition of off-site sale of new and used automobiles and trucks. Motion passed 5.0 by a roll-call vote. (Ordinance No. 404) CC 11/12/02 Page 5 Approved December 10,2002 MOTION: By Council Member Johnson and seconded by Council Member Clay to introduce for first reading, by title only, draft Ordinance forbidding off-site auto sales events. Motion passed 5.0 by a roll-call vote. 2. Veterans' Preference in Hiring ■ Fiscal impact: None. ■ Staff recommendation: Council introduce for first reading by title only, the draft Ordinance amending Section 2-2.07 of the Atascadero Municipal Code to provide for a veterans' preference in hiring. [City Attorney] City Attorney Roy Hanley gave the staff report and answered questions of Council. PUBLIC COMMENT - None MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to introduce for first reading by title only, the draft Ordinance amending Section 2-2.07 of the Atascadero Municipal Code to provide for a veterans' preference in hiring. Motion passed 5.0 by a roll-call vote. C. COMMITTEE REPORTS: Council Member Luna 1. Integrated Waste Management Authority (IWMA): Meeting will be held tomorrow. The Governor has vetoed SB 1523 which would have charged the producers of monitors and televisions $10, and asked instead that the industry work to alleviate the impacts on landfills and hazardous waste. The IWMA will be lobbying with the industry and attempting to follow the Governor's recommendation. Paso Robles will be on tomorrow's agenda for opening a hazardous waste reduction and pickup site at the Paso Robles Land Fill. D INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Arrambide announced that Council has received a report from City Attorney Hanley regarding the Atascadero Ministerial Association's request to open Council meetings with prayer. It was decided that this item would be held for consideration by the next City Council. Council Member Johnson announced that there would be a briefing for new City Council members regarding .the EVC; this meeting will be open to anyone wishing to attend. CC 11/12/02 Page 6 Approved December 10,2002 City Clerk City Clerk Marcia McClure Torgerson reported on the election. The ballots have not all been counted; there are provisional ballots yet to be counted. Regarding the Transient Occupancy Tax (TOT) ballot measure, this measure did pass by 67%. The next Council agenda will include a certification of the election as well as a resolution which if passed would increase the TOT as of December 6, 2002. City Attorney City Attorney Roy Hanley requested that the Council briefing on the EVC be open to the public so that any Council Member could attend without fear of violating the Brown Act. E. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 8:02 p.m. to the next regularly scheduled meeting on November 26, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk CC 11/12/02 Page 7