HomeMy WebLinkAboutMinutes 042203 Approved May 13,2003
r CITY OFATASCA DERO
CITY COUNCIL
MINUTES
Tuesday, April 22, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
All Closed Session items were continued.
REGULAR SESSION:
Mayor Clay called the meeting to order at 7:00 p.m. and Council Member Pacas led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Pacas, O'Malley, 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, Redevelopment Specialist John Jansons, Administrative
Services Director Rachelle Rickard, Public Works Director Steve
Kahn, Information Technology Director Andrew Fruin, Planning
Services Manager Steve McHarris, Police Chief Dennis Hegwood,
Fire Chief Kurt Stone, and City Attorney Roy Hanley.
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COMMUNITY FORUM:
Steve Shivley, Pastor at Calvary Chapel, led the attendees in a prayer.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve the agenda.
Motion passed 5:0 by roll-call vote.
PRESENTATIONS:
1. Proclamation declaring May 2003 "Teen Pregnancy Prevention Month"
Council Member Pacas read the proclamation and Mayor Clay presented it to Shannon
Johnson, EOC Health Services.
2. Proclamation recognizing Larry Kessinger, Coordinator of Atascadero
State Hospital Volunteer Service Program
Council Member Scalise read the proclamation and Mayor Clay presented it to Mr.
Kessinger.
3. Proclamation declaring May 4, 2003 "Prayer Day"
Council Member O'Malley read the proclamation and Mayor Clay presented it to Pastor
Shivley.
4. Proclamation declaring April 27 — May 3, 2003 "International Compost
Awareness Week"
Council Member Scalise read the proclamation and Mayor Clay presented it to Steve
Rossi, Transport Service, Bill Worrell, Director of International Waste Management
Association (IWMA) and Jim Patterson, Recycling program.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Clay commended Brady Cherry for sponsoring the Vietnam Veterans Moving
Wall in Sunken Gardens.
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A. CONSENT CALENDAR:
1. City Council Minutes — March 25, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of March
25, 2003. [City Clerk]
2. City Council Minutes — April 8, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of April 8,
2003. [City Clerk]
3. March Disbursements — March 2003 Accounts Payable & Payroll
■ Fiscal impact: $1,119,034.33
■ Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for March 2003. [Administrative Services]
4. Authorization of Signers to Execute Documents with Financial
Institutions
■ Fiscal impact: None.
• Staff recommendation: City Council adopt the draft Resolution naming the individual
positions authorized to execute documents with Mid-State Bank, investment
companies, and other financial institutions. [Administrative Services]
5. Redevelopment Plan Amendment
■ Fiscal impact: None.
■ Staff recommendation: Council adopt on second reading, by title only, the attached
draft Ordinance, enacting amendments to Ordinance 362 approving and adopting the
Atascadero Redevelopment Project and Redevelopment Plan. [City Manager]
6. Zone Change 2002-0032 - The Villas at Montecito - 28-Unit
Multi-Family Planned Development #18 and Commercial Retail
Zoning for a 6,400 SF Office Building (9500 Las Lomas Avenue /
Hendrix)
■ Fiscal impact: The project would likely have a slight negative impact on City
revenues. As a general rule, residential planned development overlay zones do not
require services beyond that which would be permitted within a underlying residential
zoning district; however, office-commercial uses require services that exceed the
revenue generated by the uses.
■ Staff recommendation: City Council adopt on second reading, by title only, the
attached draft Ordinance, enacting Zone Change 2002-0032 adding the PD-18
overlay to an RMF-16 site, and changing an 8,892 square foot portion of the site
from RMF-16 to CR. [Community Development]
7. Zone Change 2003-0043 - The Villas at Montecito - 28-Unit
Multi-Family Planned Development Establishing Planned
Development #18 (9500 Las Lomas Avenue/ Hendrix)
■ Fiscal impact: The project would likely have no negative impact on City revenues.
As a general rule, residential planned development overlay zones do not require
services beyond that which would be permitted within an underlying residential
zoning district.
■ Staff recommendation: City Council adopt on second reading, by title only, the
attached draft Ordinance, enacting Zone Change 2003-0043 establishing a PD-18
zoning overlay district. [Community Development]
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8. Zone Change 2003-0038 - Conversion of Existing 1,925 Square Foot
Building From Office Use to Single-Family Residence (7905 Curbaril
Avenue/ Black)
■ Fiscal impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwelling require services that exceed the
revenue generated by the dwelling.
■ Staff recommendation: City Council adopt on second reading, by title only, the
attached draft Ordinance, enacting Zone Change 2003-003 changing a CR zone to
an RMF-10 zone. [Community Development]
9. Weed/Refuse Abatement Program
■ Fiscal impact: The City recovers costs for administering this program through the
100% administrative fee, which is placed on the San Luis Obispo County Special Tax
Assessment for the fiscal year 2003-2004 Tax Roll.
■ Staff recommendation: Council adopt the draft Resolution, declaring vegetative
growth and/or refuse a public nuisance, commence proceedings for the abatement of
said nuisances, and place all abatement fees on the San Luis Obispo County Special
Tax Assessment for the fiscal year 2003-2004 Tax Roll. [Fire Department]
10. Self Contained Breathing Apparatus Award Contract
■ Fiscal impact: No General Fund impact. While the Assistance to Firefighters Grant
requires a 10% match, this match was met with the purchase of the air machine.
■ Staff recommendation: Council authorize the City Manager to execute the contract
with Bauer Compressors for the purchase of 25 Self Contained Breathing Apparatus
and equipment at a cost of $141,561.22. Money will be allocated from 2002
Assistance to Firefighter's Grant Program. [Fire Department]
11. Revised Disadvantaged Business Enterprise Goal
■ Fiscal impact: Staff time to monitor DBE Program.
■ Staff recommendation: Council adopt revised Disadvantaged Business Enterprise
(DBE) participation goal. [Public Works]
12. Sewer Extension Reimbursement Agreement Chauplin Avenue —
Phase 11
■ Fiscal impact: The city will collect a 2% Administrative Charge from all
reimbursements. This charge will be deducted from the total amount refunded to Mr.
Finch.
■ Staff recommendation: Council authorize the Mayor to execute the Public Extension
Reimbursement Agreement with J. Michael Finch for sewer extension. [Public Works]
13. Sewer Extension Reimbursement Agreement Junipero Avenue
• Fiscal impact: The city will collect a 2% Administrative Charge from all
reimbursements. This charge will be deducted from the total amount refunded to Mr.
Weatherman.
■ Staff recommendation: Council authorize the Mayor to execute the Public Extension
Reimbursement Agreement with Thomas Weatherman for sewer extension. [Public
Works]
14. Sewer Extension Reimbursement Agreement Seperado Avenue
■ Fiscal impact: The city will collect a 2% Administrative Charge from all
reimbursements. This charge will be deducted from the total amount refunded to Mr.
Gaultney.
■ Staff recommendation: Council authorize the Mayor to execute the Public Extension
Reimbursement Agreement with Glen Gaultney for sewer extension. [Public Works]
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15. EI Camino Real Gravity Sewer Main Extension Consultant Services
Agreement Amendment
■ Fiscal impact: $27,000 in Amendment to Contract
■ Staff recommendation: Council authorize the City Manager to execute an
amendment to the Consultant Services Agreement with Cannon Associates for the EI
Camino Real Gravity Sewer Main Extension project. [Public Works]
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14 and 15.
Motion passed 5:0 by a roll-call vote. (Clay opposed Item #A-8)
(Item #A-4 Resolution No. 2003-020, Item #A-5 Ordinance No.
415, Item #A-6 Ordinance No. 416, Item #A-7 Ordinance No.
417, Item #A-8 Ordinance No. 418, Item #A-9 Resolution N.
2003-021, Item #A-10 Contract No. 2003-012, Item #A-12
Contract No. 2003-013, Item #A-13 Contract No. 2003-014, Item
#A-14 Contract No. 2003-014)
B. PUBLIC HEARINGS:
1. Adoption of Development Impact Fee Adjustments and Operational
Service Fees for Development Services
■ Fiscal impact: Actual revenues are not estimated; they will offset expenses
associated with providing services to new development.
• Staff recommendation: Council accept public comment and:
1. Approve the Atascadero Facilities Master Plan dated November 2002.
2. Introduce for first reading, by title only, Draft Ordinance amending the Municipal
Code, establishing revised Development Impact Fees per staff recommended
Schedule 2.1 in Development Impact Fee Staff Report.
3. Introduce for first reading by title only of the Draft Ordinance amending the
Municipal Code, by adding Chapter 3.32, establishing a fee and service charge
revenue/cost comparison system for the City's operational fees.
4. Approve the adoption of Service Fees S-001 through S-041 and S-047 through
S-068, establishing fee and service charge/cost recovery systems for
development related services. [City Manager]
Community Services Director / Assistant City Manager Brady Cherry gave the staff
report and answered questions of Council. Also, Scott Thorpe and Eric Johnson of
RCS Services, the consulting firm that prepared the fee study, answered specific
questions of Council.
Mayor Clay recessed the hearing at 8:15 p.m.
Mayor Clay called the meeting back to order at 8:30 p.m.
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PUBLIC COMMENT
Brian Reynolds, Library Director City/County Library, encouraged the Council to
approve the Library Expansion Facilities fee proposed tonight.
David Bentz, 10275 San Marcos Road, stated the City should base their fee
calculations on actual revenue and costs rather than budgeted revenue and cost
estimates.
Jim Shores, 6700 EI Camino Real, expressed his opposition to raising the City's fees for
development.
Bonita Borgeson, 4780 Del Rio Road, President of Friends of the Library, stated she
supports the adjustment in the fee structure and feels it is necessary to keep up with the
needs of the 21St century. She is pleased to see Library Expansion fees included in the
proposal.
Eric Greening, 7365 Valle Avenue, stated he recognizes the painfulness of the
proposed increase in fees, but feels the case has been made for it, with the exception of
the large circulation category.
Richard Moen, 4200 Portola Road, felt the impact fees as proposed would be
burdensome to developers at this time. He is in favor of some of the increases,
especially those that impact traffic circulation.
Mike Jackson, 5502 Ensenada, urged the Council to attract businesses to Atascadero.
Jerry Bunin, Government Affairs Director for Home Builders Association, stated that his
association supports the staff recommendations. He urged the Council to require
payment at time of occupancy. He asked for an explanation for the fee for the City to
relocate the corporation yard.
Gary Bang, 7950 EI Camino Real, said he is currently in the midst of developing his
property. He stated it has been very expensive, but if he were to have started after this
increase of fees, he wouldn't be able to afford it.
Joanne Main, 8940 San Gabriel Road, Chamber of Commerce, stated she feels the City
needs to do further studies as the numerous fees being proposed will retard
development within the community.
Theresa, 28-year resident of Atascadero, said Staff's comparisons to other cities are not
accurate. She agrees that Atascadero needs to increase their fees, but this proposal is
too high.
Wayne Marian, 11190 Santa Lucia, explained that the Council should not only look at
the fees but also the process of acquiring a permit from the City.
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Mike Zappas, 8189 San Dimas Lane, expressed his concerns with the proposed fee
increases.
Ernie French, 4700 Alamo Avenue, stated he agrees the City's fees need to be
increased, but suggested they be raised incrementally, possibly over a 3-year period.
Jim Patterson, 9312 North Santa Margarita Road, supports the increase of the City's
fees but suggested they be implemented realistically.
Richard Shannon, 507 San Benito Road, told the Council these proposed increased
fees are scaring away outside developers.
Frank Henderson, Architect, stated several of the developers with whom he works are
concerned with the timeline for projects currently in the pipeline.
Bruce Buckingham, 12650 San Cayetano, suggested Council look at ways to recoup
fees from people living in the county areas surrounding Atascadero who utilize City
services. He urged Council to consider a fee waiver for affordable housing that is below
market value.
Tricia Cruz-Jorgenson, 5460 Mariquita Avenue, stated she supports a reasonable fee
increase, but she feels the consultant's reports need more work.
David Bentz spoke about charges for depreciation on buildings and felt this practice
would be asking citizens to pay twice for facilities that are already in place. Mr. Bentz
suggested several additional changes to the proposed fee structure and supported the
idea of opening this topic up to a community-wide forum.
Mayor Clay closed the Public Comment period.
Mayor Clay recessed the meeting at 9:55 p.m.
Mayor Clay called the meeting back to order at 10:12 p.m.
Scott Thorpe and Mayor Pro Tem Luna addressed questions raised during the Public
Comment period.
There was Council discussion regarding the staff report and recommendations.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
adopt staff recommendations 1 through 4 with the following
changes:
1. Section 3-14.05 EXCEPTIONS: (c): Buildings or structures
which are "clearly accessory to a principal use" such as
fences, pools, patios, parking spaces, garages, residential
accessory buildings (except guest houses and second
and agricultural accessory buildings as outlined in
Title 9;
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2. Will collect impact fees upon final inspection and before
occupancy.
3. Following changes to staff report's Exhibit C:
a. Library Expansion Facilities—reduced to $200.
b. Parkland and Open Space Acquisition to be combined
with General Government Facilities and limited to
$3,000.
c. These changes will pertain to the residential options
including Mobile Homes.
Motion Passed 3.2 by a roll-call vote. (Scalise and Luna
opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Clay that
on the commercial items all four related to Tourist Commercial
Lodging, Commercial, Office, Manufacturing Industrial be
postponed in terms of the implementation of the fee change
until March 1, 2004 and prior to that time staff would do a
target study that would allow for a multi-tiered fee.
Motion passed 3.2 by a roll-call vote. (Scalise and Luna
opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
agendize a report by the City Manager within six months on
processing time and efficiency review of the Community
Development Department as well as looking at the
implementation plan for the computerized tracking.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to go
past 11:00 p.m.
Motion passed 4:1 by a voice vote. (Scalise opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to accept staff recommendation #4 to approve adoption
of service fees.
Motion passed 4:1 by a roll-call vote. (Scalise opposed)
C. MANAGEMENT REPORTS:
1. City Council Goals for the Fiscal Year 2003-2004
■ Fiscal impact: No fiscal impact is calculated. Actual impact would be presented as
specific proposals are brought forward.
■ Staff recommendation: Council affirm and file Action Plans for the 2003-04 Strategic
Initiatives. [City Manager]
City Manager Wade McKinney gave the staff report.
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PUBLIC COMMENT - None
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to affirm and file Action Plans for the 2003-04
Strategic Initiatives.
Motion passed 5.0 by a roll-call vote.
2. Memorandum Of Understanding North County Urban Area Transit
Operators
• Fiscal impact: This change results in a shift in funding from the Rural 5311 funds to
Urban 5307 funds. The North County Urbanized Area will receive approximately
$550,000 the first year. This is a significant increase when compared to the 2001/02
Countywide 5311 apportionment of$422,000.
■ Staff recommendation: City Council authorize the Mayor to execute the attached
Memorandum of Understanding (MOU) between SLOCOG and Public Transportation
Providers. [Public Works]
Public Works Director Steve Kahn gave the report.
PUBLIC COMMENT— None
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to authorize the Mayor to execute the Memorandum
of Understanding (MOU) between SLOCOG and Public
Transportation Providers.
Motion passed 5:0 by a roll-call vote. (Contract No. 2003-016)
D. COMMITTEE & LIAISON REPORTS:
Council Member Scalise
1. Local Agency Formation Commissions (LAFCO): Taking public comment on the Nipomo
Sphere and preparing for the end of May report on the plans for Atascadero.
Council Member Pacas
1. City/Schools Committee: Children's Day in the Park is scheduled for May 17tH
E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 11:05 p.m. to the joint Study Session with the
Planning Commission on May 7, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Cler
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