HomeMy WebLinkAboutMinutes 062403 Approved August 12, 2003
OR
CITY OF A TASCADERO
CITY COUNCIL
MINUTES
TUESDAY, JUNE 243 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
Del Knight, Masonic Temple Association Board, spoke concerning the Printery (2b.).
Mr. Knight explained the history of the building, its use by the Masons and Eastern Star,
and the agreement for the building with the City of Atascadero. Mr. Knight requested
that the building be returned to the Temple Association at this time. They have a
contractor who will ,construct another lodge building in Atascadero in return for that
building and property. Additionally, the contractor would agree to a stipulation that the
building will be preserved as a historical facility.
Mayor Clay closed the Public Comment period.
2. Call to Order
a. Conference with legal counsel - Anticipated litigation (G.C. Sec.
54956.9(b))
Significant exposure to litigation (one case):
Shetler Construction v. City of Atascadero
b. Conference with negotiator over real property. (Govt. Code 54956.8)
Negotiator: City Manager Wade McKinney
Property: The Printery, 6361 Olmeda Ave.
Negotiations will include price and/or terms of payment.
3. Adjourn
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4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced no reportable action was taken.
REGULAR SESSION:
Mayor Clay called the meeting to order at 7:05 p.m. and Council Member O'Malley led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Scalise, O'Malley, Pacas, Luna and Mayor Clay
Absent: None
Others Present: City Clerk Marcia McClure Torgerson, City Treasurer Joseph
Modica
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Information Technology
Director Andrew Fruin, Senior Accountant Jeri Rangel, Police Chief
Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy
Hanley.
COMMUNITY FORUM:
Tom Ferrell, Pastor of Atascadero Bible Church, led those present in a prayer.
Barbie Butz, Wine Festival Committee, invited all to the Wine Festival Dinner on Friday,
June 27th at the Pavilion.
Daphne Fahsing asked the Council to fulfill their promise to pave the remainder of
Portola Road, as promised. Public Works Director Kahn stated this project is budgeted
and designed, but will not be completed until next summer.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
Council Member Scalise asked that Items #C-1 and #C-2 change places on the agenda.
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. 2002 Advertising Conversion Study - presented by Jonni Biaggini, Executive
Director, San Luis Obispo Visitors and Conference Bureau (SLOVCB)
Jonni Biaggini gave the presentation and answered questions of the Council.
COUNCIL ANNOUNCEMENTS AND REPORTS: None
A. CONSENT CALENDAR:
1. Special Joint Meeting Minutes —June 4, 2003
■ City Clerk recommendation: City Council approve the City Council/Planning
Commission minutes of June 4, 2003. [City Clerk]
2, City Treasurer's Report— March 2003
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for
March 2003. [City Treasurer]
3. City Treasurer's Report—April 2003
• Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for
April 2003. [City Treasurer]
4. Final Parcel Map 2003-0049 (Tract 2454 Phase 1) rTTM 2002-00141
Ferrocarril Road (Gearhart/Wilson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Parcel Map 2003-0049 (Tract 2454 Phase 1)
2. Reject offer of dedication for Public Open Space and Public Utility and Access
Easement without prejudice to future acceptance. [Public Works]
5. Final Parcel Map 2002-0047 (Tract 2489) ITTM 2002-00191 1625/1685
EI Camino Real (Gearhart/Wilson)
• Fiscal impact: None.
• Staff recommendation: Council:
1. Accept Final Parcel Map 2002-0047 (Tract 2489)
2. Reject offer of dedication for Streets, Open Space Recreation Easement, Public
Utility, and Public Drainage Easements without prejudice to future acceptance.
3. Authorize City Manager to execute Subdivision Agreement with owner.
[Public Works]
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6, Zone Change 2002-0023 Downtown Commercial Zoning Text
Amendment - (City of Atascadero/Atascadero Main Street, Inc.)
■ Fiscal impact: The project would likely have a slight negative impact on City
revenues. As a general rule, office use requires services that exceed the revenue
generated by the proposed uses.
• Staff recommendation: City Council adopt, on second reading, by title only, the
attached draft Ordinance, enacting Zone Change 2002-0023 based on findings.
[Community Development]
Council Member Luna pulled Item #A-5. Council Member O'Malley pulled Item #A-6.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
approve Items #A-1 through #A-4 of the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
Item #A-5: Mayor Pro Tem Luna questioned who would be responsible for the
maintenance of streets and easements on these projects. Public Works Director Kahn
indicated that the responsibility would fall on the property owners. There was a brief
discussion of the use of a Benefits Assessment District for similar future projects.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve Item #A-5.
Motion passed 5:0 by a roll-call vote. (Agreement No. 2003-
023)
Item #A-6: Mayor Pro Tem Luna stated that he opposes this zone change for several
reasons: 1) the downtown is to be a commercial retail center generating sales tax
revenue, and 2) in addition to offices there could possibly be residential usage of first
floor space. Mayor Pro Tem Luna feels it is premature to give up on the downtown
plan.
Council Member Pacas stated she would have preferred to see Conditional Use Permits
waived for a period of years rather than rezoning the downtown.
PUBLIC COMMENT
Wendy Richardson, Owner of the Tea Trolley business and property on Entrada, stated
she is opposed to this Zone Change. She is concerned that the downtown business
community did not receive notification nor were they represented in the decision to ask
for this zone change. Ms. Richardson asked that this issue be looked at more closely
with input from the downtown business community.
Bob Wilkins, Wilkins Printing, encouraged the Council to adopt this Zone Change.
Muna Cristal explained why Main Street is supportive of this Zone Change.
Mayor Clay closed the Public Comment period.
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Council Member Pacas expressed concern that with this zoning change the Council
could be placed in the position of having to deny a project that may conform with the
new zoning but does not fit the vision for the downtown.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve Item #A-6.
Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed)
(Ordinance No. 421)
B. PUBLIC HEARINGS:
1. Parking & Business Improvement Area Assessment
■ Fiscal impact: The City receives approximately$10,500 annually from the Downtown
Parking and Business Improvement Area assessments. Administration of these
funds would be transferred to Atascadero Main Street Inc for downtown revitalization
activities.
■ Staff recommendation: City Council adopt the draft Resolution of Intention, declaring
intent to levy annual Downtown Parking & Business Improvement Area assessment,
and set a public hearing for July 8, 2003. [City Manager]
Redevelopment Specialist John Jansons gave the staff report and answered questions
of Council.
PUBLIC COMMENT— None
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to adopt the draft Resolution of Intention, declaring
intent to levy annual Downtown Parking and Business
Improvement Area assessment, and set a public hearing for
July 8, 2003.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-
028)
2. Zone Change 2002-0030; Conditional Use Permit 2002-0078;
Tentative Tract Map 2002-0024 - 6205 San Gabriel Road (Rancho De
Paraiso, LLC. /Wilson Land Surveys-Russ Thompson Consulting)
■ 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.
■ Planning Commission recommendation: Council:
1. The City Council adopt Draft Resolution A, certifying proposed Mitigated
Negative Declaration 2003-0015 prepared for Zone Change 2002-0031,
Tentative Tract Map 2002-0015; and Conditional Use Permit 2002-0078; and,
2. The City Council introduce for first reading by title only Draft Ordinance A, to
approve Zone Change 2002-0034; and amend the City's Zoning Map to add a
PD 16 overlay district to the project area; and,
3. The City Council adopt Draft Resolution B, approving Conditional Use Permit
2002-0078, a Master Plan of Development for the project site consistent with PD-
16; and,
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4. The City Council adopt Draft Resolution C, approving Tentative Tract Map 2002-
0024, a request to subdivide an 8.12-acre parcel into two parcels; one at 1.09
acres, and one at 7.09 acres, all acreages gross, based on findings and subject
to conditions. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Ken Wilson, Wilson Land Surveys, representative of the Applicant, stated that there are
no other building sites available on this lot and no plans for future splits. Mr. Wilson
gave a brief history of the parcel and answered questions of Council
Tom Hazell stated he is a neighbor to the site of this proposal and he is concerned with
the creation of a one-acre lot in an area that has a minimum of 2 '/ acres.
Rich DiBenedetto said when he purchased his lot in this area his real estate agent
stated this was a five-acre lot and would never be less than that. He doesn't
understand why the City is going against its own plan to save a developer the cost
building on the appropriate site.
Mayor Clay closed the Public Comment Period.
MOTION: By Council Member Scalise and seconded by Mayor Clay to:
1. Adopt Draft Resolution A, certifying proposed
Mitigated Negative Declaration 2003-0015 prepared for
Zone Change 2002-0031, Tentative Tract Map 2002-0015;
and Conditional Use Permit 2002-0078; and,
2. Introduce for first reading by title only Draft
Ordinance A, to approve Zone Change 2002-0034; and
amend the City's Zoning Map to add a PD 16 overlay
district to the project area; and,
3. Adopt Draft Resolution B, approving Conditional Use
Permit 2002-0078, a Master Plan of Development for the
project site consistent with PD-16; and,
4. Adopt Draft Resolution C, approving Tentative Tract
Map 2002-0024, a request to subdivide an 8.12-acre
parcel into two parcels; one at 1.09 acres, and one at
7.09 acres, all acreages gross, based on findings and
subject to conditions.
Motion passed 5:0 by a roll-call vote. (Item #1 Resolution No.
2003-029, Item #3 Resolution No. 2003-030, Item #4 Resolution
No. 2003-031)
Mayor Clay recessed the hearing at 8:25 p.m.
Mayor Clay called the meeting back to order at 8:35 p.m.
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C. MANAGEMENT REPORTS:
1. Eagle Ranch Sphere of Influence Amendment: Sphere of Influence
Amendment Request - Memorandum of Agreement with San Luis
Obispo County
■ Fiscal impact: None.
■ Staff recommendation: Council approve the Resolution of Application to amend the
City's Sphere of Influence to include the portions of the Eagle Ranch, and authorize
the signature of Memorandum of Agreement with the County of San Luis Obispo.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Paul Hood, LAFCO Executive Director, was available to answer questions of Council.
John Knight, RRM Design, representative of Eagle Ranch, encouraged the Council to
support the Sphere of Influence proposal. Mr. Knight handed Council plans showing the
location of properties under the ownership of Eagle Ranch LLC. (Exhibit A)
PUBLIC COMMENT
Joan O'Keefe asked if copies of Mr. Knight's handout could be made available at the
public library.
Mayor Clay closed the Public Comment period.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the Resolution of Application to amend
the City's Sphere of Influence to include the portions of the
Eagle Ranch, and authorize the signature of Memorandum of
Agreement with the County of San Luis Obispo.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-
032, Agreement No. 2003-024)
2. Interim Inclusionary Housing Policy
• Fiscal impact: Adoption of the interim policy will result in the collection of in-lieu fees
that could be used to build affordable housing projects. Management of in-lieu fees
and the likelihood these fees will need to be combine with other City funds will
obligate the City to devote staff time and resources to future affordable housing
projects. Staff time and resources to administer affordable housing programs over
the coming decades has not been calculated but should not be assumed to be
insignificant.
■ Staff recommendation: Council adopt an interim inclusionary housing percentage
requirement and a set of policy determinations to apply to legislative permits prior to
adoption of an inclusionary ordinance. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
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PUBLIC COMMENT
Jerry Bunin, Home Builders Association, gave the Council his opinion about each of the
proposed policy sections.
Joanne Main, Chamber of Commerce, urged the Council to approve this interim policy.
Mayor Clay closed the Public Comment period.
There was lengthy discussion by the Council amending the Interim Inclusionary Housing
Policy.
There was Council Consensus to amend Table 4: Inclusionary Housing Policy,
Item A. as follows:
A. Project Requirements 1. All residential projects that require legislative
approval are subject to the inclusionary
requirement as follows:
o Projects of 4 1-10 units: pay in-lieu fee or
build units.
o Projects of 11 or more units must build units
or receive a Council approval to pay in-lieu
fees.
Council Member O'Malley stepped down from consideration of Table 4, Item #13-3, as
he owns a piece of property in the City that is zoned for mixed-use.
There was Council consensus to approve Table 4 Item B. as follows:
B. Percent Affordable 1. The percentage of units within a project that must
be affordable shall be 20%.
2. The distribution of affordable units in single family
land use areas shall be as follows:
o 100% Moderate
3. The distribution of affordable units in multi family
and mixed use commercial land use areas shall be
as follows:
o 3%20% Very Low Income
o 2904 37% Low Income
o 34%43% Moderate
4. In-lieu fees shall be collected for all fractional units
up to 0.499 units; fractional units of 0.50 and
greater shall be counted as 1.0 unit.
5. All inclusionary units shall be deed restricted for a
period of 30 years.
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There was Council consensus to approve Table 4 Item C. as follows:
C. Exceptions 1. Projects that do not require a legislative approval
from the City shall not be subject in the interim
policy.
2. Projects that qualify for the State density bonus are
exempt form additional inclusionary housing
requirements.
3. Second units are exempt from the inclusionary
requirement.
There was Council consensus to approve Table 4 Item D. as follows:
D. Affordable Housing 1. The exterior design and quality standards for
Standards affordable units shall be comparable to those of
market rate units. Affordable units may be of a
smaller size and utilize less expensive interior
finishes.
2. Affordable units shall be distributed throughout a
project site and not concentrated in one location.
3. Inclusionary units shall be built concurrently with
market rate units. A construction timeline shall be
approved by the City Council prior to construction.
There was Council consensus to approve Table 4 Item E. as follows:
E. In-Lieu Fees 1. In-lieu fees for units and fractions of units shall be
based on 2.50% of the valuation of the market rate
unit.
There was Council consensus to approve Table 4 Item F. as follows:
F. Alternatives 1. The developer may request and the City Council
may approve any of the following alternatives to
on-site construction or payment of in-lieu fees for
inclusionary units:
o Off-site construction
o Land dedication
o Combinations of construction, fees and land
dedications.
There was Council consensus to approve Table 4 Item G. as follows:
G. Incentives 1. As an incentive to provide affordable units, all
inclusionary units shall be treated as density bonus
units that are not counted as part of the maximum
density entitlement of a site.
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PUBLIC COMMENT
Jerry Bunin questioned how builders would come up with the affordable housing
percentages and urged Council to simplify the process and change the percentages.
He feels no one would build under Item B. category 3.
Kelly Gearhart asked for clarification on Item B. category 3., and how it would relate to
Planned Developments, specifically PD-7's.
Mayor Clay closed the Public Comment period.
MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to adopt
an interim inclusionary housing percentage requirement of
20% and set a policy determination as gone through to apply
to legislative permits.
Motion passed 5:0 by a roll-call vote. (O'Malley abstained on
Item B.3.)
3. Participation in California Joint Powers Insurance Authority Liability
Program
■ Fiscal impact: Estimated 2003-2004 premium of$243,718. These funds have been
included in the 2003-2004 budget.
■ Staff recommendation: Council adopt draft Resolution approving execution of the
joint powers agreement creating California Joint Powers Insurance Authority (CJPIA),
and further approving participation in its Joint Protection Program providing liability
coverage through self insurance, loss pooling and excess insurance. [Administrative
Services]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt draft Resolution approving execution of the joint
powers agreement creating California Joint Powers Insurance
Authority (CJPIA), and further approving participation in its
Joint Protection Program providing liability coverage through
self insurance, loss pooling and excess insurance.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-
033, Agreement No. 2003-025)
4. Information Bulletin
a. Atascadero Chamber of Commerce Services
City Manager Wade McKinney gave the staff report and answered questions of Council.
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Mayor Pro Tem Luna requested staff come back with a review of the City's contracts
with Main Street and the Chamber of Commerce as well as staff participation, and
formalize some kind of recruitment of businesses in the community that are particularly
desirable and what incentives could be offered to attract those businesses.
PUBLIC COMMENT
Joanne Main stated that when there is an issue regarding recruitment of a particular
business, the Chamber receives a letter and works closely with City staff.
Mayor Clay closed the Public Comment period.
D. ATTORNEY REPORT:
1. Consideration and Adoption of Resolution Establishinq a System for
Credits Towards Development Impact Fees
■ Fiscal impact: There are no new fiscal impacts that have not already been identified.
■ City Attorney recommendation: City Council adopt the draft Resolution, establishing
a schedule of credits towards development impact fees. [City Attorney]
City Attorney Roy Hanley gave the report to Council.
PUBLIC COMMENT - None
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to adopt the draft Resolution, establishing a schedule
of credits towards development impact fees with the following
two changes:
Section One: (a) Any applicant subject to a development
impact fee, imposed pursuant to th°c ^hapte f the Atascadero
Municipal Code, who dedicates...
Section One: (b) (line 4) ...particular development impact fee
has been imposed, as provided in the Atascadero
Municipal Code and the...
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-
0034)
E. COMMITTEE & LIAISON REPORTS: None
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
There was Council consensus to place the ALPS agreement on the next City
Council agenda.
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G. ADJOURNMENT:
Mayor Clay adjourned the meeting at 10:54 p.m. to the next regularly scheduled
meeting on July 8, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Wa4N4-
Marcia McClure Torgerson, City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A - John Knight, Eagle Ranch Document
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