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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. CC 04/22/03 Page 1 Approved May 13,2003 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. CC 04/22/03 Page 2 Approved May 13,2003 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] CC 04/22/03 Page 3 Approved May 13,2003 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] CC 04/22/03 Page 4 Approved May 13,2003 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. CC 04/22/03 Page 5 Approved May 13,2003 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. CC 04/22/03 Page 6 Approved May 13,2003 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; CC 04/22/03 Page 7 Approved May 13,2003 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. CC 04/22/03 Page 8 Approved May 13,2003 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 CC 04/22/03 Page 9