Loading...
HomeMy WebLinkAboutMinutes 040803 Approved April 22,2003 -. an . ■ CITY OF ATASCA DERO i70 Y 1-97-9 I li CITY COUNCIL MINUTES TUESDAY, April 8, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: Mayor Clay announced that Closed Session Item #2-a has been cancelled. 1. PUBLIC COMMENT - CLOSED SESSION Item #2-c: Marge Mackey, asked the Council to require a plan for the future of the Printery before turning it over to anyone else. Steve LaSalle stated he was excited when the City acquired the Printery and asked that the Council look at all options available to them. Thomas Lewis expressed his concerns for the future of the Printery. He urged the Council to remember the City Council Resolution from 1996 that created the E.G. Lewis Civic Center and includes the Printery. He urged the Council to protect the Printery. Jonelle Norton, speaking on behalf of Atascadero Main Street, reminded the Council of the historical significance of the Printery. Eric Greening, listed those historical opportunities that are now lost to the City. He urged Council to preserve the Printery so it would not become a lost opportunity for the future. Raymond Jansen, 6655 Country Club Drive, shared with the Council how a small town in Wales raised money. CC 04/08/03 Page 1 Thomas Lewis continued his remarks referring to a packet he distributed to Council. He asked Council to require the Masons submit a notarized letter enabling the Printery to be listed on the National Registry of Historic Places. (Exhibit A) Lon Allan, President of the Atascadero Historical Society, stated he has written several letters to the Council concerning the Printery. He explained that the Board of Directors reaffirmed its position that the Printery either: a) remain in City control, b) have tight controls on it when given back to the Masons, or c) that the grounds cannot be overly developed. He turned in a petition requesting that the Printery remain a public building within the E.G. Lewis Civic Center. (Exhibit B) Mayor Clay closed the Public Comment period. He announced that the Council would go into Closed Session after the Council meeting. REGULAR SESSION: Mayor Clay called the meeting to order at 7:18 p.m. and Council Member O'Malley led the Pledge of Allegiance. ROLL CALL: Present: Council Members O'Malley, Pacas, Scalise, Luna and Mayor Clay 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, Public Works Director Steve Kahn, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Deputy Community Services Director Geoff English, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: Steve Shivley, Senior Pastor at Calvary Chapel led the attendees in prayer. Mayor Clay closed the Community Forum period CC 04/08/03 Page 2 APPROVAL OF AGENDA: Council Member O'Malley suggested moving Item #D ahead of Item #C. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Recognition of outgoing Parks and Recreation Commissioners Assistant City Manager Brady Cherry recognized outgoing Commissioners Paul Hood and Pat Dempsey who were present and Frank Kock who was not. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Parks and Recreation Commission Appointments ■ City Clerk Recommendation: Council Members Scalise and Pacas each appoint a Parks & Recreation Commissioner, and the City Council approve the appointments. [City Clerk] Council Member Scalise nominated Dean Coker to the position of Parks & Recreation Commissioner. Council Member Pacas nominated Jay Sechrist to the position of Parks & Recreation Commissioner. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept the nominations. Motion passed 5:0 by a roll-call vote. A. CONSENT CALENDAR: 1. Zone Change 2000-0008 - 6340 Alcantara Ave. (Russell/Sholders) ■ 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 dwelling. ■ Staff recommendation: Council adopt on second reading, by title only, the draft Ordinance enacting Zone Change 2000-0008 adding a PD-7 zoning overlay to an RMF-10 site. [Community Development] CC 04/08/03 Page 3 2. Final Map 2003-0050 (Parcel Map AT 03-0065) 8005 EI Camino Real - (TTM 2002-0025) - (Walgreen's) ■ Fiscal impact: None. ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2003-0050 (Parcel Map AT 03-0065); and 2. Accept offer of dedication for Street Purposes; and, 3. Reject offers of dedication for Pedestrian Purposes without prejudice to future acceptance. [Public Works] 3. Request to Install a Memorial Bench at Atascadero Lake Park - Byles ■ Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mrs. Dorothy Byles to install a Memorial Bench to memorialize her husband, H. Douglas Byles, at Atascadero Lake Park. [Community Services] 4. Request to Install a Memorial Bench at Atascadero Lake Park- Comar ■ Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mrs. Louise E. Comar to install a Memorial Bench to memorialize her mother, Mrs. Mildred Comar, at Atascadero Lake Park. [Community Services] 5. Request to Plant a Memorial Tree at Atascadero Lake Park ■ Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mr. Donald Jernigan to plant a Memorial Tree to memorialize John and Ann Capela at Atascadero Lake Park. [Community Services] MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve Items #A-1 through 5. Motion passed 5:0 by a roll-call vote. (Item #A-1, Ordinance No. 414) B. MANAGEMENT REPORTS: 1. Proposed Purchase of Property at Entrance to Stadium Park ■ Fiscal impact: $50,000 from the Tree Mitigation Fund ■ Staff recommendation: Council: 1. Appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park; and, 2. Authorize the Administrative Services Director to make the necessary budget adjustments; and, 3. Authorize the City Manager to execute agreements to implement the purchase with the Atascadero Land Preservation Society. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening, 7365 Valle Avenue, stated he is in favor of this purchase as it is a key to the integrity of Stadium Park. CC 04/08/03 Page 4 Rick Mathews, President of Atascadero Native Tree Association (ANTA), stated ANTA supports using the Tree Fund money for this purchase in a prepared statement. (Exhibit C) Bruce Boniface, Board Member of Atascadero Land Preservation Society (ALPS), asked if the City would be willing to be listed as the Lead Agency so they can apply for various grants. Ellen Beraud, 9608 Laurel Road, Board Member of ALPS, urged the Council to support ALPS grant, and felt this site is an important part of their vision as an attraction/destination point for their pathway system. Joanne Main, 8940 San Gabriel Road, stated she supports this purchase, as it will insure access to Stadium Park in the future. Jim Patterson, 9312 N. Santa Margarita Road, Board Member of ANTA, urged the Council to approve this purchase. Dug Chisholm, President of ALPS, felt this was a tremendous opportunity for the City of Atascadero and would serve as a bridge for competing factions within the City. He urged Council to approve directing funds from tree mitigation toward the purchase of this property. Geraldine Brasher, board member of ALPS, explained to Council that all of ALPS board members and members of the Atascadero Historical Society are pledging funds to this project. Mayor Clay closed the Public Comment period. Mayor Clay expressed his concerns about Stadium Park and feels there should be a stage area, restroom area, changing rooms, power, water, etc. He would like to see these put into place as soon as possible to enhance the utilization of the park. There was discussion regarding the City of Atascadero becoming the lead agency to assist the non-profit agency with the procurement of grants as well as potential future constraints that might prohibit the current intentions for Stadium Park. Mayor Clay reopened the Public Comment period. Dug Chisholm addressed some of the issues raised by Council: 1) no formal appraisal has been done on this property, 2) if the property is not purchased now the lot will be developed by another party who has a second offer in place, 3) their proposal is not dependant on any grants to be obtained, and 4) Stadium Park lends itself to the mixed use of open space and recreation and it is assumed that most of the area will be maintained in as natural state as possible. Dave Hill, 9990 Santa Ana, asked if there was historical knowledge on the reason that Stadium Park ceased to be a performance venue. CC 04/08/03 Page 5 Eric Greening explained that Stadium Park was caught up in the bankruptcy when a lot of public property in Atascadero was lost; it was recovered with the help of grants. He stated that the Kennedy property was not proposed to be part of the activities in the bowl, but rather to be open space and entrance. Mayor Clay closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Mayor Clay to 1) appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park, and 2) authorize the Administrative Services Director to make the necessary budget adjustments, and 3) authorize the City Manager to execute agreements to implement the purchase with the Atascadero Land Preservation Society, and 4) that the City of Atascadero become the lead agency in this activity, and e�isiene�: There was Council discussion regarding item five in the Motion. MOTION: By Mayor Pro Tem Luna and seconded by Council Member Pacas to approve the previous motion with the exception of #5. Motion passed 5:0 by a roll-call vote. (Contract No. 2003-011) C. JOINT REDEVELOPMENT AGENCY/ CITY COUNCIL PUBLIC HEARING: Chairperson Scalise reconvened the Redevelopment Agency hearing. 1. Redevelopment Plan Amendment ■ Fiscal impact: None. • Staff recommendation: Council: 1. City Council and Redevelopment Agency conduct a joint public hearing; and, 2. City Council introduce for first reading by title only, the draft Ordinance approving Redevelopment Plan amendments. [City Manager] Deputy Executive Director John Jansons gave the staff report and answered questions of the City Council and the Redevelopment Agency. PUBLIC COMMENT- None CC 04/08/03 Page 6 MOTION: By Council Member O'Malley and seconded by Mayor Clay to introduce for first reading by title only the draft Ordinance approving Redevelopment Plan amendments. Motion passed 5:0 by a roll-call vote. Mayor Clay recessed the hearing at 8:12 p.m. Mayor Clay called the meeting back to order at 8.24 p.m. D. PUBLIC HEARINGS: 1. Cost Allocation Plan and Fee Study - Adoption of Cost Recovery Standards and Fee Schedules ■ Fiscal impact: Potential for increased revenue. Actual revenue increases are dependent on fees adopted. ■ Staff recommendation: Council: 1. Introduce for first reading, by title only, draft Ordinance amending the Atascadero Municipal Code by adding Chapter 3.32, establishing a fee and service charge revenue/cost comparison system; and 2. Approve draft Resolution setting cost recovery standards and fees schedules for City services. [City Manager] Assistant City Manager Brady Cherry gave the staff report and introduced Eric Johnson, of Revenue and Cost Specialists, LLC (RCS), to the City Council. Eric Johnson, RCS, explained in detail specific fee listings and answered questions of the Council. PUBLIC COMMENT Wayne Mehring, 1190 Santa Lucia, expressed his concern that a retroactive increase in fees for those waiting for their plans to be approved is unjust and would like this issue addressed as soon as possible. Assistant City Manager Brady Cherry explained that staff is recommending that fees would become effective July 1, 2003, which will provide ample time for the public to be noticed, and it is their intent that those who have submitted their projects under the current fees will not be harmed by the increases. Joanne Main, Atascadero Chamber of Commerce, expressed her concern with the inclusion of the development service fees in tonight's report. She stated she was under the impression that these fees would be considered at the Aril 22, 2003 Council meeting where the Council will be considering the Development Impact fees. She feels there has not been enough time to review the proposed changes. She urged Council to pull Items S-001 through S-068 to be looked at in total with the development impact fees on April 22"d. Leslie Halls, SLO County Builders Exchange, expressed her concerns with the recommended changes in a letter read into the record by Joanne Main. (Exhibit D) CC 04/08/03 Page 7 Dean Coker, explained that the columns of the spreadsheet attached to the staff report do not line up correctly and has caused confusion to himself and others as to what charge goes with which listing. He asked the Council to continue this item to the April 22nd meeting so they will have a chance to see the proposed information in a corrected spreadsheet. Mayor Clay closed the Public Comment period. Mayor Pro Tem Luna stated that it was time to raise fees. He disagreed with the idea of personal choice raised earlier, and feels it is instead a business decision. He is offended by the notion that Council must lower the fees in order to assure that a developer can have market-based housing and essentially make a greater profit by using a subsidy from the taxpayers who already exist here. He feels the market not the fees will determine the price of housing. Council Member Scalise indicated that now a fee study has been done it is the responsibility of the Council to insure that any increases are truly merited by the actual cost data. She further stated that the rush to raise these fees at this time given the State's budget problems, which will be solved on the backs of cities like Atascadero, is extremely bad timing and defies the logic of staying competitive in the commercial market. She feels fees should be based on a can-prove cost database, and would like to see a study session that would garner input for these fees from all who would be affected. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to pull S-001 through S-068 to further look at it at a time when Council is considering the other development fees, and excluding S-042 through S-046. Council Member Luna addressed the notion of Atascadero remaining competitive and stated the idea that lower fees are necessary to invite more competitive building is something that Atascadero suffers from. He does not agree that cheap fees will bring the best commercial/retail or building development to the city. Council Member Scalise stated that she is not asking that fees be cheap, but rather to base it on real fees. Council Member Pacas indicated that the study was done not to improve efficiency, but rather to maintain what is currently in place. For this reason nothing additional or extra is being asked for and if the fees are not approved at 100% the City looses. She further stated that fees have not been raised in 12 years and there is still no affordable housing. Regarding the health and safety issue, it is because of the additional development that additional services are needed. These recommendations are only asking to maintain what we have, and even with the new fees these services will have to be subsidized. Mayor Clay referred to affordable housing/market price and stated that at conferences he has attended developers have indicated that it is not possible to raise the price of the CC 04/08/03 Page 8 house every time the fees go up, and they would go somewhere else instead. Mayor Clay felt affordability and workforce housing could be addressed by reducing fees when this type of housing comes before Council. Council Member O'Malley stated he was impressed with the report and he has not yet heard an argument that tells him to deviate from the analysis presented. He is concerned about interfering with any market allocation by skewing or subsidizing some set of projects over others. He believes in full cost recovery unless particular items can be looked at where there is a reason to have some sort of subsidy. He will be supportive of the report in the future, but prefers to give the public the opportunity to look at these items related to development over the next two weeks and would like to have some specific examples of where problems lie in this analysis. Council Member Pacas referred to the timeline of July 1, 2003 for implementation, and felt it was fair. She would not like this date to be changed if there is a postponement. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to pull S-001 through S-068 to further look at them on April 22"d when Council is considering the other development fees, excluding S-042 through S-046 and maintaining a target date for implementation of July 1, 2003. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-042 through S- 046. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-069 through S- 076. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-077 through S- 087. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-088 through S- 097. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-098 and S-099. Motion passed 4:1 by a roll-call vote. (Pacas opposed) CC 04/08/03 Page 9 MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-100. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-101 through S- 108. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations S-109 through remaining items, excluding S-112 through S114 for separate consideration. Motion passed 5:0 by a roll-call vote. Staff will come back with items S-112, 113 and 114. E. COMMITTEE & LIAISON REPORTS: Mayor Clay 1. County Mayor's Round Table: There was discussion about affordable housing and how it is being handled in Atascadero. City/County relations were discussed regarding borders. Council Member Scalise 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): They are working on ensuring the Lewis Avenue bridge was on track with funding. Council Member O'Malley 1. Finance Committee: Commended Administrative Services Director Rachelle Rickard on her accounting report. 2. Air Pollution Control District (APCD): Had a good strategic planning session. Point was made that one of the biggest problems regionally is that jobs are not located in the same areas as housing. 3. League of California Cities - Grassroots Network: Good meeting in Pismo Beach, Sacramento trip is upcoming. 4. Economic Vitality Corporation, Board of Directors (EVC): Still seeking local businesses to assist. Council Member Pacas 1. City/ Schools Committee: There was agreement that both sides would work with each other for the mutual benefit of the city and the schools. The budget situation is difficult, especially for the schools. 2. Atascadero Youth Task Force: There is a meeting on April 22nd concerning the importance of men in children's lives. There will be a children's day in the park in mid May. The Youth Task Force voted to honor Harry Mara and Deana Coppel for their involvement with local youth. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Scalise alerted Council that there will be recognition of compost week at the next Council meeting and Bill Worrell will be in attendance. CC 04/08/03 Page 10 City Manager Mr. McKinney stated issues raised at the last meeting regarding planning programs and implementation of the General Plan and special ordinances have been reviewed with the Community Development and Finance Departments and are progressing at this point. Several interns have been hired and a flyer is circulating to hire a one-year contract planning position. Staff is refocused on affordable and workforce housing issues and there will be a joint study session on these topics with the Council and Planning Commission on May 7t". This may slow down progress on some projects. G. ADJOURNMENT: Mayor Clay adjourned the meeting at 10:00 p.m. to the closed session. COUNCIL CLOSED SESSION: 2. Call to Order a) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero b) Conference with legal counsel (Govt. Code Sec. 54956.9 (c)) 1. Consideration of initiation of litigation against PG&E c) Conference with negotiator over real property. (Govt. Code 54956.$) Negotiator: City Manager Wade McKinney Property: The Printery, 6361 Olmeda Ave. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced that the Council decided to pursue litigation against PG&E and to hire the law firm of Best, Best and Krieger. CC 04/08/03 Page 11 MEETING RECORDED AND MINUTES PREPARED BY: fiu )�? C / . Marcia McClure To/rgerrson, City Clerk The following Exhibits are available for review in the City Clerk's Office: Exhibit A - Thomas Lewis, information packet re Printery Exhibit B — Lon Allan, petition re Printery Exhibit C — Rick Mathews, prepared statement re Stadium Park Exhibit D - Leslie Halls, prepared statement re fee increases CC 04/08/03 Page 12