HomeMy WebLinkAboutAgenda 092303 19-74,
MRCITY OF A TASCA DERO
�
ma/
CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 23, 2003
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting and Closed
Session)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with legal counsel — pending litigation
Government Code § 54956.9 (a)
Vetter v. City of Atascadero
U.S. District Court Case No. CV01-8102GHK
3. Adjourn
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Luna
1
ROLL CALL: Mayor Clay
Mayor Pro Tem Luna
Council Member Scalise
Council Member O'Malley
Council Member Pacas
INTRODUCTIONS:
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name and address
for the record before making your presentation. The Council may take action to direct
the staff to place a matter of business on a future agenda. A maximum of 30 minutes
will be allowed for Community Forum, unless changed by the Council.)
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation declaring October 5-11, 2003 "Fire Prevention Week"
2. Life Saving Awards — Atascadero Police Senior Officer Keith Falerios
and Cal Poly Police Sergeant Robert Eckrote
3. Chief of Police Commendations - Sergeant Carole Robinson and Senior
Officer Terry O'Farrell
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
2
1. City Council Minutes —August 12, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of August 12, 2003. [City Clerk]
2. City Council Continued Meetina Minutes—August 13, 2003
■ City Clerk recommendation: City Council approve the City Council
Continued Meeting minutes of August 13, 2003. [City Clerk]
3. City Treasurer's Report - June 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for June 2003. [City Treasurer]
4. Iniury and Illness Prevention Program
■ Fiscal impact: No direct fiscal impact, however implementation of the
IIPP does have the potential to save the City from future claims and
OSHA fines.
■ Staff recommendation: Council adopt the draft Injury and Illness
Prevention Program (IIPP). [Administrative Services]
5. Zone Change 2002-0035 The Colony at Apple Valley - Single-Family
Planned Development #19 (6025, 6049 Del Rio Road, 6100 Conejo
Road/ Midland Pacific Building Corporation)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts 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 2002-0035
adding the PD-19 zoning overlay district to an SFR-Y site. [Community
Development]
6. Zone Change 2003-0056 Establishing Planned Development #19 The
Colony at Apple Valley - Single-Family Planned Development (6025,
6049 Del Rio Road, 6100 Conejo Road/Midland Pacific Building
Corporation)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts 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 draft Ordinance, enacting Zone Change 2003-0056
establishing a PD-19 zoning overlay district. [Community Development]
3
7. 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: Council adopt on second reading, by title only,
the draft Ordinance approving Zone Change 2003-0054 based on
findings. [Community Development]
8. Acceptance of Final Map 2003-0056 - Parcel Map AT 03-0329 (TPM
2002-0034) 8105 Coromar Ave. (Holland/Nelson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0056 (Parcel Map AT 03-0329); and,
2. Reject offer of dedication for the public utility easement without
prejudice. [Public Works]
9. Supplemental Law Enforcement Services Fund
■ Fiscal impact: $100,000. All costs are paid for by SLESF grant funds
and do not affect the general fund.
■ Staff recommendation: Council designate 2003/2004 Supplemental
Law Enforcement Services Fund (SLESF) monies for use in frontline
Police services and technology improvements. [Police Department]
B. PUBLIC HEARINGS:
1. Single Family Planned Development Zone Change 2003-0040 - Master
Plan of Development (CUP 2003-0090), Vesting Tentative Parcel Map
2003-0036 5460 Mariquita Avenue (Jorgensen)
■ 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.
■ Staff recommendation: Planning Commission Recommends:
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2003-
0011; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0040 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0090) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0036, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
4
2. Woodlands Specific Plan Zone Change 2003-0062; Zone Change
2003-0041, Specific Plan 2003-0001 -Vesting Tentative Tract Map
2003-0027 (R.W. Hertel & Sons)
■ 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 28
and 29).
■ Staff recommendation: Planning Commission Recommends:
1. Adopt draft Resolution A, certifying Mitigated Negative Declaration
2003-0026; and,
2. Introduce for first reading, by title only, draft Ordinance A
establishing Specific Plan #1 (Zone Change 2003-0062) based on
findings; and,
3. Introduce for first reading, by title only, draft Ordinance B approving
Zone Change 2003-0041, a zoning map amendment of the entire
project site to "SP-1" (Specific Plan #1) based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution B approving Specific Plan #1, by resolution
to include the Woodlands Specific Plan and Appendix documents
(Exhibits A — F) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and
5. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0027, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
C. MANAGEMENT REPORTS:
1. Entrance to Stadium Park- Negotiations for Purchase of Property
■ Fiscal impact: $50,000 from the Tree Mitigation Fund, if the Council
reconfirms its previous action to provide $25,000 for the purchase, and
authorizes that an additional $25,000 be granted toward the purchase.
■ Staff recommendation: Council review its participation with the
Atascadero Land Preservation Society in the purchase of property at
the entrance to Stadium Park, currently owned by Ms. Nellie Kennedy,
and give staff direction on how to proceed. [City Manager]
2. SMARA Compliance Report - Millhollin Mine - CUP 96003
■ Fiscal impact: None.
■ Staff recommendation: Council direct staff to take the additional
actions 3, 4, 5 and 6 as described in Table 1 of the staff report.
[Community Development]
5
D. ATTORNEY REPORTS:
1. Revising Procedures for Imposition of Business License Taxes
■ Fiscal impact: None has been identified, although there is some
savings in staff time contemplated.
■ City Attorney recommendation: City Council introduce for first reading,
by title only, the draft Ordinance revising the procedures for imposition
and collection of business taxes in the City of Atascadero.
2. Definition of Auto Dealer and Introduction of Permanent Ordinance
to Same Effect
■ Fiscal impact: None identified.
■ City Attorney recommendation: Council introduce for first reading, by
title only, draft Ordinance amending the definition of "auto dealer' in
the Atascadero Municipal Code.
E. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary.):
Mayor Clay
1. Water Committees
2. County Mayor's Round Table
Mayor Pro Tem Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
Council Member Scalise
1. Atascadero State Hospital Advisory Board
2. Local Agency Formation Commission (LAFCO)
3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA)
Council Member O'Malley
1. Finance Committee
2. City/ Schools Committee
3. Air Pollution Control District (APCD)
4. League of California Cities - Grassroots Network
5. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Pacas
1. City/ Schools Committee
2. Atascadero Youth Task Force
6
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
G. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the September 23, 2003 Regular Session of the Atascadero City
Council was posted on September 16, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero,
CA 93422 and was available for public review in the Customer Service Center at that location.
Signed this 16th day of September 2003 at Atascadero, California.
vl
Cheryl DeJo g, Deputy City Gferk
City of Atascadero
7