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HomeMy WebLinkAboutMinutes 081203 Approved as Amended September 23,/2003 CITY OF A TASCADERO • f CITY COUNCIL MINUTES TUESDAY, AUGUST 12, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting and Closed Session) Council Member Pacas announced that she would be stepping down from consideration of Item #2-a., as she owns property that is near some of the Vetter property. 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with legal counsel — pending litigation Government Code § 54956.9 (b) Vetter v. City of Atascadero U.S. District Court Case No. CV02-8102GHK b. Conference with labor negotiator(Govt. Code § 54957.6) Agency Negotiator: City Manager Employee organizations: Management/Confidential, Mid-Management/Professional, Service Employees International Union Local 620 3. Adjourn 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 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, City Treasurer Joseph Modica Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community Services Director Geoff English, Community Development Director Warren Frace, Public Works Director Steve Kahn, Planning Services Manager Steve McHarris, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: Will Hesch, Pastor with Parkhill Community Church, prayed for God's blessing on the meeting. Gary Winkowski discussed the Route 9 bus and the stop located at EI Camino Real and San Diego. This stop was moved approximately % mile towards the State Hospital. He asked if the City could move the bus stop back. Council Member Scalise told him that she is the SLOCOG representative and asked that he call her tomorrow to discuss this issue. Linda Gutierrez read an email she sent to Dana Lilley asking that the bus stop on EI Camino Real at San Diego be moved back to its original location. Eric Greening stated he also supports returning the bus stop to its original location. He expressed his opinion that the most important place to have bus stops is adjacent to multi-family neighborhoods. He stated that the future Woodlands and Hendricks projects will add to the multi-family component of the southern portion of Atascadero CC 08/12/03 Page 2 surrounding EI Camino Real. Mr. Greening suggested to the County that they route the Route 9 locals on Viejo Camino instead of EI Camino Real. He asked the Council to return the old bus stop to its original location as an interim measure while a more long term solution is worked out. Jeff Ouslan, owner of Coffee House and Deli in Atascadero, stated he is unable to get a return call from the City Manager. Mayor Clay responded that he would receive a call. APPROVAL OF AGENDA: Mayor Clay announced that the Atascadero Land Preservation Society (ALPS) requested that Item #C-2 be pulled from the agenda and continued. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to approve the amended agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS: 1. Recognition of outgoing Planning Commissioner, Royce Eddings Mayor Clay presented Mr. Eddings with a plaque thanking him for his service to Atascadero. 2. Recognition for 25 years of Service — Frank Sommers, Reserve Firefighter Fire Chief Kurt Stone recognized Mr. Sommers for his dedicated service to the community and presented him with a marble statue. Additionally, Michael Stornetta, President of the Reserve Association, presented Mr. Sommers with several tokens of appreciation. Chief Stone made additional presentations to Casey Bryson and City Manager Wade McKinney for their contributions to the Fire Department. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna stated that Atascadero needs to receive support from Paso Robles and the County for the north county homeless shelter that is being proposed in Atascadero. He suggested forming a committee to pursue this support. CC 08/12/03 Page 3 Council Member Scalise explained that it is the Economic Opportunity Commission (EOC) that has the $500,000 grant for the building of the homeless shelter and that the EOC, not the County or the cities, control the property in question. Council Member O'Malley stated he agreed with Mayor Pro Tem Luna and feels that both the County and City of Paso Robles should carry their share of the ongoing funding of this project. Council Member Luna clarified that he is concerned about the ongoing operating costs, not the construction of the shelter itself. Mayor Clay indicated that he had not heard it stated that Atascadero was to participate in the operating costs of the facility. He stated that he would be happy to meet with Paso Robles Mayor Frank Mecham and County Supervisor Mike Ryan regarding operating costs for the shelter. Council Member O'Malley reported on his recent meeting with the California Joint Powers Insurance Authority (CJPIA). A. CONSENT CALENDAR: 1. City Council Minutes —June 24, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of June 24, 2003. [City Clerk] 2. City Council Minutes —July 8, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of July 8, 2003. [City Clerk] 3. City Council — Special Meeting Minutes—July 16, 2003 ■ City Clerk recommendation: City Council approve the City Council Special Meeting minutes of July 16, 2003. [City Clerk] 4. City Treasurer's Report— May 2003 ■ Fiscal impact: None. ■ City Treasurer recommendation: City Council approve the City Treasurer's report for May 2003. [City Treasurer] 5. May Disbursements— May 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,291,991.91 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for May 2003. [Administrative Services] CC 08/12/03 Page 4 6. June Disbursements—June 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,608,862.45 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for June 2003. [Administrative Services] 7. Request to Plant a Memorial Tree at Atascadero Lake Park ■ Fiscal impact: None. ■ Staff recommendation: Council approve a request to plant a Memorial Tree at Atascadero Lake Park. [Community Services] 8. Project Agreement with the California Conservation Corps for Improvements to the Atascadero Lake Pathway ■ Fiscal impact: $88,605 in Federal TE funding, previously allocated for the Atascadero Lake Pathway improvement project. ■ Staff recommendation: Council authorize the City Manager to execute an agreement between the City of Atascadero and the California Conservation Corps for improvements to the Atascadero Lake Pathway. [Community Services] 9. Fire Department Command/Utility Vehicle Purchase ■ Fiscal impact: $34,477.28 for the command/utility vehicle. Price includes tax, shipping, options and delivery. (In FY 03/04 Vehicle Replacement Fund) ■ Staff recommendation: Council authorize the purchase of a budgeted command/utility vehicle from Lake Chevrolet for $34,477.28. [Fire] 10. 2003/2004 Local Law Enforcement Block Grants Program ■ Fiscal impact: None. The City's required 10% match of funds will be met through budgeted purchases of specialized police equipment ■ Staff recommendation: Council authorize 2003/2004 Local Law Enforcement Block Grant funds be allocated for the purchase of specialized police equipment. [Police] 11. North County Transit Operator's Agreement ■ Fiscal impact: $25,000 allocated from the FTA 5307 Funds for administrative overhead. ■ Staff recommendation: Council approve the attached Operator's Agreement between the San Luis Obispo Council of Governments, the County of San Luis Obispo, the San Luis Obispo Regional Transit Authority and the cities of Atascadero and Paso Robles. [Public Works] CC 08/12/03 Page 5 12. National Pollution Discharge Elimination System, Phase II —(NPDES) ■ Fiscal impact: None. ■ Staff recommendation: Council approve the Storm Water Management Plan (SWMP). [Public Works] 13. Santa Cruz Road Rehabilitation Proiect - Bid No. 2003-008 ■ Fiscal impact: $335,010.00 (in FY 2003-05 budget) ■ Staff recommendation: Council authorize the City Manager to execute a contract with Souza Construction, Inc. in the amount of $335,010.00 for construction of the Santa Cruz Road Rehabilitation Project. [Public Works] 14. Santa Ysabel Avenue Rehabilitation Project— Bid No.2002-01 ■ Fiscal impact: None. ■ Staff recommendation: Council: 1. Accept Souza Construction, Inc's work as complete. 2. Authorize Administrative Services Director to release retention upon receipt of maintenance bond. [Public Works] 15. Final Parcel Map 2003-0054 (Tract 2460) (TTM 2002-00151- 9105 & 9127 San Diego Road (Mehring) ■ Fiscal impact: None. ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2003-0054 (Tract 2460) 2. Authorize abandonment of existing public utility easements, or P.U.E's in lieu of the P.U.E.'s shown on the final map. [Public Works] 16. Contract for Personnel Services with Avery Associates ■ Fiscal impact: $30,000 for base contract (in FY 2003-05 budget). ■ Staff recommendation: Council approve Avery Associates as a qualified firm to provide professional personnel services and authorize the City Manager to enter into contract(s)for said services. [City Manager] Mayor Pro Tem Luna pulled Item #A-10. Eric Greening pulled Item #A-11. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to approve Items #A-1 through 9, and 12 through 16. Motion passed 5:0 by a roll-call vote. (Item #A-8 Contract No. 2003-028, Item #A-13 Contract No. 2003-030, Item #A-16 Contract No. 2003-031) Item #A-10: Mayor Pro Tem Member Luna suggested that individuals who participated as representatives of a board making recommendations for a project or program be identified in the staff report. CC 08/12/03 Page 6 MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to approve Item #A-10. Motion passed 5:0 by a roll-call vote. Item #A-11: Eric Greening raised the issue of a Memorandum of Understanding (MOU) that comes with this agreement, and wanted to be sure that there would be a public process for determining and acting on the needs of public riders. MOTION: By Council Member Scalise and seconded by Mayor Clay to approve Item #A-11. Motion passed 5:0 by a roll-call vote. (Contract No. 2003-029) B. PUBLIC HEARINGS: 1. Planned Development Zone Code Text 2003-0056, Single-Family Planned Development Zone Change 2002-0035, Master Plan of Development (CUP 2002-0082). Vestinq Tentative Tract Map 2002- 0026 - The Colony at Apple Valley - 6025, 6049 Del Rio Road, 6100 Conejo Road (Midland Pacific Building Corporation) ■ 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 proposed uses. The project is conditioned to fund the maintenance of all streets and landscaping to minimize the fiscal impacts to the City (Conditions 15, 55, 56). ■ Staff recommendation: Planning Commission Recommends: 1. Adopt Resolution A, certifying Mitigated Negative Declaration 2003- 0016; and, 2. Introduce for first reading, by title only, draft Ordinance establishing Planned Development #19 (Zone Change 2003-0056) based on findings; and, 3. Introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0035 based on findings; and, 4. Adopt draft Resolution approving the Master Plan of Development (CUP 2002-0082) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt draft Resolution approving Vesting Tentative Tract Map 2002-0026, based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Planning Services Manager Steve McHarris gave the staff report and with Community Development Director Warren Frace answered questions of Council. PUBLIC COMMENT CC 08/12/03 Page 7 Dennis Moresco, Applicant, explained in detail the neighboring citizens' concerns and offered to implement solutions to these concerns. He also answered questions of the Council. Zonk Thompson asked the Council to consider leaving the option open for the park in the project to be an active park in the future. Mike Hedges, formerly vice-president of Atascadero Babe Ruth, stated there are not enough ballparks for our kids. He asked the Council to consider the park in this project to be an active park. Richard Bastain said he would like a solid fence along his property line. He stated he appreciates Mr. Moresco's suggested solutions. He is not in favor of making the park an active ballpark. Lou Cappo stated he supports the previous speakers comments concerning making this park an active park. Eric Greening explained that he feels this park should be a public park for all to use and feels a private park is an injustice to the taxpaying residents in that end of town, which has always been deficient in parks. Mr. Greening expressed his concern with the sidewalks along Del Rio Road, which end in both directions in places where pedestrians and bicyclists may be at risk. Rod Youngquist, Commissioner for Atascadero Youth Soccer, stated he supports making the park an active park. Tara Conrad expressed her concerns with the impacts this project will have on the neighborhood. Roger Wolf asked the Council to keep the park in this project as a private park for the residents that will occupy these new homes. Cody Thompson told the Council he is concerned with the overall scope of this project. He feels 70 houses in such a small area will be a huge impact. Thomas Lewis asked if the park were to be public, where would the parking be located. Eric Greening asked if a four-way stop could be considered at San Ramon and Del Rio and whether there could be a hydrologic study on the park and its impact on Graves Creek before turf were installed and irrigated. Mayor Clay closed the Public Comment period. Mayor Clay recessed the hearing at 9:00 p.m. CC 08/12/03 Page 8 Mayor Clay called the meeting back to order at 9:10 p.m. Dennis Moresco, Applicant, addressed the concerns brought up by the public. MOTION: By Mayor Pro Tem Luna and seconded by Council Member Scalise that the City accept the 5.5 acres as open space. Mayor Pro Tem Luna amended his Motion as follows: MOTION: By Mayor Pro Tem Luna and seconded by Council Member Scalise to accept the developer's offer and accept this as a passive park and that in the future if this is to be anything but a passive park, a Conditional Use Permit (CUP) (public hearing) including a possible environmental review would have to take place. The obligation from the 70 homeowners would be dropped if the park became active. City Attorney Roy Hanley explained that the Council could approve the project as proposed. This would not preclude a Council in the future from addressing the issue and making a legislative decision to make this an active park based upon someone's application, the facts presented, and the City's ability to both build and maintain the park. Mayor Pro Tem Luna withdrew his motion. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to: 1. Adopt Resolution A, certifying Mitigated Negative Declaration 2003-0016; and, 2. Introduce for first reading, by title only, draft Ordinance establishing Planned Development #19 (Zone Change 2003-0056) based on findings; and, 3. Introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0035 based on findings. Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Resolution No. 2003-0037) MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt draft Resolution B approving the Master Plan of Development (CUP 2002-0082) based on findings and subject to Conditions of Approval and Mitigation Monitoring as amended: 1. Master Plan of Development Condition No. 40 amended as follows: "Bonding would be allowable to record the final map." CC 08/12/03 Page 9 2. Master Plan of Development Condition No. 70 would add the phrase: "file reimbursement map." 3. Requirement to landscape the yard on Conejo Road: change the fencing along the eastern property line as discussed. 4. Adopt the changes to Conditions No. 54 and 55 consistent with the handout as distributed to the Council tonight. Changes to the Master Plan must be made at the Council level. Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Resolution No. 2003-0038) MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt draft Resolution C, approving Vesting Tentative Tract Map 2002-0026, based on findings and subject to Conditions of Approval and Mitigation Monitoring as amended: 1) Amend Condition No. 1 to add the word "until." 2) Amend Condition No. 4 to acknowledge that the applicant can receive QUIMBY Credit. 3) Amend Condition No. 67 that the applicant can file a reimbursement map. 4) Amend Conditions No. 51 and 52 consistent with the handout as distributed to the Council tonight. Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-0039) 2. Zone Change 2003-0054 - Commercial Park Zoning Text Amendment ■ Fiscal impact: The project would likely have no significant impact on City revenues. As a general rule, the proposed uses are consistent with the services and revenue generated by the existing permitted CPK uses. ■ Staff recommendation: Planning Commission Recommends: Council introduce for first reading, by title only, the draft Ordinance approving Zone Change 2003-0054 based on findings. [Community Development] Community Development Director Warren Frace 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 introduce for first reading by title only, the draft Ordinance approving Zone Change 2003-0054 based on findings. Motion passed 5:0 by a roll-call vote. CC 08/12/03 Page 10 3. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Fiscal impact: No direct fiscal impact. Contractor costs for abatement are recovered through assessments placed on property tax bills. ■ Staff recommendation: Council adopt the draft Resolution confirming the cost of vegetative growth (weed) and/or refuse (rubbish) abatement. [Fire Department] Fire Chief Kurt Stone gave the staff report. PUBLIC COMMENT— None MOTION: By Council Member O'Malley and seconded by Council Member Scalise to adopt the draft Resolution confirming the cost of vegetative growth (weed) and/or refuse (rubbish) abatement. Motion passed 5.0 by a roll-call vote. (Resolution No. 2003-040) C. MANAGEMENT REPORTS: 1. Masonic Temple/Printery Building Disposition ■ Fiscal impact: Undetermined saving of staff time and reduction of exposure to lawsuits that may result in future financial loss. ■ Staff recommendation: Council direct staff to: 1. Prepare the necessary agreements and documents to return ownership of the Atascadero Masonic Temple/Printery building to the Atascadero Masonic Temple Association; and 2. Include an agreement to have the building placed on the National Registry of Historic Places; and 3. Allow temporary use of the George C. Beatie Skate Park, until such time as the skate park can be relocated to Traffic Way Park. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Del Knight, Board Member Atascadero Temple Association, asked the Council to return the Printery building to the Masons. Robert Huot urged the Council to make sure the Printery is preserved. CC 08/12/03 Page 11 Eric Greening stated he supports the previous speakers' comments. He expressed his concern that the public does not know how receiver sites would be chosen given the City does not have a formal TDC program in place. Lon Allan, President of Atascadero Historical Society, shared with the Council their concerns about the future of the Printery building. Greg Ravat, architect, urged the Council to keep the building and preserve it. Robert Huot stated that parts of the Printery maintained by Kenyicott Management are kept in excellent condition. He is concerned that some of Atascadero's history could be lost as the City grows. George Becker, Masonic Lodge member, discussed the issues of the building going back to the Masons to be resold to the developer who will make the building comply with ADA and seismic standards, versus the City taking on the same responsibility. Bill Berry, Masonic Lodge member, asked the Council to give the building back to the Masons. Thomas Lewis thanked everyone in the public who spoke on this issue. He feels the building would best be served by remaining a public building, but understands the financial issues involved. Mayor Clay closed the Public Comment period. There was Council discussion of the issue of historic preservation and restoration of the building. MOTION: By Council Member Scalise and seconded by Mayor Clay to prepare and execute the necessary agreements and documents to return ownership of the Atascadero Masonic Temple/Printery building to the Atascadero Masonic Temple Association; and Include an agreement to have the building placed on the National Registry of Historic Places; and allow temporary use of the George C. Beatie Skate Park, until such time as the skate park can be relocated to Traffic Way Park; and, record a deed restriction to prohibit the demolition of the historic portions of the Printer; and, form a committee of 2 Council Members to meet with a developer designated by the Masons to make recommendations back to the full Council. PUBLIC COMMENT Kelly Gearhart, developer, stated his goal is to preserve the building, bringing it back to its original state as best he can. He further intends to develop it for public use, i.e. CC 08/12/03 Page 12 meetings, wedding receptions, etc., and to appropriately landscape the approximately one-acre on which the building sits. He stated that the transfer of development credits is necessary to assist in funding the preservation effort and he is willing to meet with anyone the Council designates to accomplish the preservation of the building. Mr. Gearhart answered questions of Council. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to go past 11:00 p.m. Motion passed 4:1 by a voice vote. (Scalise opposed) Eric Greening commended Mr. Gearhart on his proposed efforts. He also expressed his concerns with the recommendations of staff. Mr. Greening felt any committee formed to meet with the developer must include representation from the Historical Society. He would also like to see means for financing other than transfer of development credits explored. Additionally, he is concerned with preservation and protection of the site around the building. Lon Allan asked for clarification on the staff recommendation and the proposed motion. Greg Ravat commented on the discrepancy in the deadline dates for retrofitting the building and stressed the need for a historical survey before any restoration efforts take place. Robert Huot agreed with Mr. Greening's suggestion and feels that at least two members of the Historical Society be added to any committee that is formed. Thomas Lewis inquired about the amount of land being conveyed back to the Masons along with the building, and asked that Mr. Gearhart's statement regarding landscaping this area be formalized into the recommendations. Del Knight reminded the Council that they had signed an agreement that the building would be used for youth, people 18 years or younger. He felt if too many restrictions were placed on this project the developer would back out leaving the City the responsibility of restoring the building. Mayor Clay closed the Public Comment period. City Attorney Roy Hanley explained that the developer would not have any rights from this evening's meeting regarding transfer of development credits. This would be a legislative process, potentially involving a General Plan amendment and subsequent public hearings in order to adopt the process. Regarding the advisory committee and who would be on it, Mr. Hanley advised that an ad hoc committee of two members of the City Council would be able to meet with whomever they wanted and this would not be a Brown Act Committee, however, if anyone is added to the committee who is not a member of the legislative body, then it is not an ad hoc committee and only publicly noticed meetings could be held. CC 08/12/03 Page 13 MOTION: By Council Member Scalise and seconded by Mayor Clay to: 1. Prepare and execute the necessary agreements and documents to return ownership of the Atascadero Masonic Temple/Printery building to the Atascadero Masonic Temple Association; and 2. Include an agreement to have the building placed on the National Registry of Historic Places; and 3. Allow temporary use of the George C. Beatie Skate Park, until such time as the skate park can be relocated to Traffic Way Park; and, 4. Record a deed restriction to prohibit the demolition of the historic portions of the Printery; and, 5. Form a committee of 2 Council Members to meet with a developer designated by the Masons to make recommendations back to the full Council to renovate the building in exchange for transfer of Development Credits. Motion failed 2:3 by a roll-call vote. (Luna, Pacas opposed, O'Malley abstained) There was Council discussion regarding the open space surrounding the Printery. MOTION: By Council Member O'Malley and seconded by Mayor Clay to reintroduce the Motion including Items #1 through 5 above. Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed) Mayor Clay appointed Council Member Luna and Council Member O'Malley to the ad hoc committee. Mayor Clay recessed the hearing at 11:15 p.m. Mayor Clay called the meeting back to order at 11:25 p.m. 2. Purchase of Property at Entrance to Stadium Park ■ Fiscal impact: $50,000 from the Tree Mitigation Fund ■ Staff recommendation: Council: 1. Authorize the City Manager to execute an agreement to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park, with ownership of the property maintained by the Atascadero Land Preservation Society. 2. Authorize the second installment of $25,000 to the escrow account for the purchase. [City Manager] This item continued to a date uncertain. CC 08/12/03 Page 14 3. Permit Streamlinina Plan ■ Fiscal impact: None—for information only. ■ Staff recommendation: Council review and accept the report on the status of Permit Streamlining. [Community Development] This item continued to a date uncertain. 4. Pine Mountain Transfer of Development Rights - Guidance Package for General Plan Amendment—(Molina) ■ Fiscal impact: None. ■ Staff recommendation: Council receive the report and provide Staff with direction on how to proceed with the proposed project. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT George Molina, Applicant, commented on this project and answered questions of Council. John McCarthy, Engineer for Applicant, answered questions of Council Bill Obermeyer expressed his frustration that the City is considering a zone change when an updated General Plan was just approved. Eric Greening stated his concerns regarding jumpstarting this project with an ordinance that has yet to be written. Joanne Main stated she supports Mr. Molina's proposal. Dave Johnson expressed his concerns with this proposed zone change. Greg Ravat stated he supports this proposal. Dan Phillips expressed his support of the proposal. Mayor Clay closed the Public Comment period. There was Council and applicant discussion regarding the creation of the transfer of development credits ordinance, receiver sites and the use of the ad hoc committee established earlier to recommend those sites. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to endorse the Guidance Package with Site No. 1 and CC 08/12/03 Page 15 refer that package with Site No. 1 back to staff for additional analysis of issues identified by Council and then resubmit for the Council to review along with a TDC ordinance. There was discussion regarding the total number of units Site No. 1 qualifies for. Council Member Scalise rescinded her motion. MOTION: By Council Member Scalise and seconded by Mayor Clay to endorse the Guidance Package and refer the package back to staff for additional analysis of issues identified by Council and then resubmit to the Council for review along with a proposed TDC ordinance. Council Member Scalise rescinded her motion. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to send the issue back to staff, and endorse the concept of developing a transfer of development program and endorse the concept of obtaining ownership of Pine Mountain. Motion passed 5:0 by a roll-call vote. D. ATTORNEY REPORT: 1. Definition of Auto Dealer and Introduction of Permanent Ordinance to Same Effect ■ Fiscal impact: None identified. ■ Staff recommendation: Planning Commission Recommends: Council introduce for first reading, by title only, draft Ordinance amending the definition of"auto dealer" in the Atascadero Municipal Code. This item continued to a date uncertain. E. COMMITTEE & LIAISON REPORTS: None F. INDIVIDUAL DETERMINATION AND/OR ACTION: None G. ADJOURNMENT: Mayor Clay adjourned the meeting at 12:52 a.m. to the closed session at 5:15 p.m. MEETING RECORDED AND MINUTES PREPARED BY: rh&4,�, M &OX4-, � _pi'l, C , Marcia McClure Torgerson, C.M.C., ty Clerk CC 08/12/03 Page 16 I