HomeMy WebLinkAboutMinutes 092303 Approved: October 28,2003
NIS,. CITY OF ATASCA DERO
CITY COUNCIL
MINUTES
TUESDAY, SEPTEMBER 23, 2003
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL 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
City Attorney Roy Hanley announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Clay called the meeting to order at 7:00 P.M. and Mayor Pro Tem Luna 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, Public
Works Director Steve Kahn, Community Development Director
Warren Frace, Deputy Community Services Director Geoff English,
Information Technology Director Andrew Fruin, Planning Services
Manager Steve McHarris, Police Chief Dennis Hegwood and City
Attorney Roy Hanley.
COMMUNITY FORUM:
Jim Patterson reminded the Council and the audience that the Atascadero Mutual Water
Company is celebrating their 90th anniversary this Friday at the Water Company. The
open house will be from 5:00 to 8:00 p.m. and all are invited. Additionally, Mr. Patterson
informed those present that the annual Creek Day would be held Saturday, October 4th,
and in conjunction with Colony Days on October 18th there will be a Creek Fair.
Eric Greening expressed concern that the minutes of the Council's strategic planning
session have not yet been approved by the Council.
Raymond Jansen read from statements given by Amanda Wilcox when she appeared
before the Senate Select Committee on the California correctional system.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation congratulating City Clerk Marcia McClure Torgerson on
achieving the designation of "Certified Municipal Clerk."
Mayor Clay presented City Clerk Torgerson with the proclamation and thanked her
for her service to the Council and the City of Atascadero.
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2. Proclamation declaring October 5-11, 2003 "Fire Prevention Week."
Council Member O'Malley read from the Proclamation declaring Fire Prevention
Week. Fire Captain Bill White accepted the proclamation on behalf of Fire Chief
Kurt Stone.
3. Life Saving Awards — Atascadero Police Senior Officer Keith Falerios
and Cal Poly Police Sergeant Robert Eckrote.
Police Chief Dennis Hegwood described the criteria for the Life Saving Award and
read from the citation. Senior Police Officer Franco Bechara presented the awards
to Senior Officer Falerios and Sergeant Eckrote. Senior Officer Bechara thanked the
award recipients for saving his life and also expressed his gratitude to his wife,
Senior Officer Robert Molle, Officer Jeff Wilshusen, Firefighter Tom Way and Police
Chief Hegwood.
4. Chief of Police Commendations - Sergeant Carole Robinson and Senior
Officer Terry O'Farrell.
Police Chief Dennis Hegwood spoke about the criteria for the Chief's Commendation
and presented the certificates to Sergeant Robinson and Senior Officer O'Farrell.
5. Special Recognition - Joy Ramirez & Tracy De Vita Baas.
Mayor Pro Tem Luna presented Ms. Ramirez and Ms. Baas with a special gift for
their positive efforts on behalf of the City of Atascadero
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley announced that there had been a meeting of the ad hoc
committee working on development trades for the Pine Mountain and Printery
properties.
Mayor Pro Tem Luna shared with the Council, in a PowerPoint presentation, statistics
resulting from the change made one year ago in the trash pickup and recycling
programs. (Exhibit A)
A. CONSENT CALENDAR:
1. City Council Minutes —August 12, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of August 12, 2003. [City Clerk]
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2. City Council Continued Meeting 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]
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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]
Mayor Pro Tem Luna pulled Items #A-1 and 4. Eric Greening pulled Item #A-6.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
approve Items #A-2, 3, 5, 7, 8 and 9.
Motion passed 5.0 by a roll-call vote. (Item #A-5 Ordinance No.
423, Item #A-7 Ordinance No. 425)
Item #A-1: Mayor Pro Tem Luna asked the City Attorney to clarify the difference
between an abstention and silence on a vote.
City Clerk Torgerson explained that the vote in the Minutes referred by Mayor Pro Tem
Luna should have been recorded as 2:2 and it will be changed in the Minutes.
City Attorney Roy Hanley indicated that silence was simply refusing to participate in the
discussion and sitting silent while voting; in the past, this was considered an affirmative
vote. An abstention, as was the case with the item in question, is not considered a yes
vote.
Eric Greening referred to his comment on page 2 of the Minutes and asked that, upon
listening to the tape of that meeting and verification of his request, the following
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language be added to his comment, "As a short term measure while SLORTA considers
relocating its local route to Viejo Camino."
Item #A-4: Mayor Pro Tem Luna asked if the Hazardous Condition Report forms to be
turned into the Safety Committee could be incorporated on the City website and
available to the entire community. City Manager Wade McKinney stated that the City
is investigating complaint software to be added to the website that will allow an
individual to submit a complaint on line or to call any of the City's employees and they
could submit the complaint on the individual's behalf.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve Items #A-1 (as amended) and 4.
Motion passed 5.0 by a roll-call vote.
Item #A-6: Eric Greening advised the Council that with a greater population of children
using Del Rio and adjacent streets, as well as other non-drivers, going toward EI
Camino Real and the bus stops, and the other way toward Monterey Elementary
School, there are very significant hazards that need to be on the agenda to be
mitigated.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve Item #A-6.
Motion passed 5.0 by a roll-call vote. (Ordinance No. 424)
B. PUBLIC HEARINGS:
1. Sinale Family Planned Development Zone Chanae 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]
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Planning Services Manager Steve McHarris gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Tricia Jorgenson, applicant, thanked the Planning staff for their work and excellent
presentation.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Pacas to adopt Resolution A, certifying Mitigated Negative
Declaration 2003-0011; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2002-0040
based on findings; and, 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, adopt draft Resolution C approving Vesting
Tentative Tract Map 2003-0036, based on findings and subject
to Conditions of Approval and Mitigation Monitoring.
Motion passed 5:0 by a roll call vote. (Resolution A —
Resolution No. 2003-041, Resolution B — Resolution No. 2003-
042, Resolution C—Resolution No. 2003-043)
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,
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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]
Planning Services Manager Steve McHarris gave the staff report and answered
questions of the Council.
PUBLIC COMMENT
Bob Fowler, Vice President R.W. Hertel and Sons, applicant's representative, stated
their organization had a good experience working with the City staff and introduced
members of their own staff available for questions from the Council.
John Knight, RRM Design, planning manager for the project, thanked City staff for the
time spent on this project. Mr. Knight gave a brief history of the project and their
decision to mitigate issues raised during the process as recommended by staff,
interested members of the public, City Council and Planning Commission. Mr. Knight
reviewed these issues and the applicant's response.
Eric Greening stated he appreciated the applicant's willingness to listen to issues raised
and felt in general this was a thoughtfully done project. He spoke about the 1:1
planting mitigation and felt under the circumstances there is more benefit in the tree
mitigation fund than in trying to find sites for seedlings on site, particularly given the lack
of wildlife corridors through the center of the project. Mr. Greening felt the mitigation
would be better applied toward easement and reforestation projects elsewhere that can
help to remedy the loss of connectivity of habitat. Additionally, he expressed the hope
that the developer would quickly open a dialogue with Mr. Lilley regarding stops for
Route 9. Mr. Greening expressed concern regarding the overall grading of the site and
the large amount of cut and fill and questioned how much topsoil, if any, would exist in
the cut areas where there would be attempts at landscaping or reforestation.
Mayor Clay closed the Public Comment period.
Mayor Clay asked the applicant to address questions raised during the Public Comment
period.
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to adopt draft Resolution A, certifying Mitigated
Negative Declaration 2003-0026; and, introduce for first
reading, by title only, draft Ordinance A to establish Specific
Plan #1 (Zone Change 2003-0062) based on findings; and,
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, 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, with changes to Specific Plan and conditions of
approval as identified in applicant memorandum dated 9/12103
as modified by staff, and revised Exhibit F; and adopt draft
Resolution C approving Vesting Tentative Tract Map 2003-
0027, based on findings and subject to Conditions of Approval
and Mitigation Monitoring.
Motion passed 5.0 by a roll-call vote. (Resolution A —
Resolution No. 2003-0044, Resolution B —Resolution No. 2003-
045, Resolution C—Resolution No. 2003-046)
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]
Community Services Director Brady Cherry gave the staff report and answered
questions of Council
Mayor Pro Tem Luna clarified that the City did not give ALPS $25,000 for this project
and read from documents verifying this position. He is concerned that this is Tree Fund
money that is to be used for protecting and preserving trees, and using it for the
purchase of kiosk's, right of ways, roads, etc. does not provide a nexus and is either
illegal or unethical. He would oppose any efforts by the City to use Tree Fund money
for anything other than preserving and protecting trees and is pleased that ALPS was
able to purchase this property.
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PUBLIC COMMENT
Eric Greening, thanked ALPS for purchasing this property and felt it was an important
visual backdrop to the City and important for natural recruitment of native trees. He
questioned what would be the public process from this point on for planning the use and
design of Stadium Park.
Mayor Clay closed the Public Comment period.
No action was taken on Item #C-1.
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]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Bob Tartaglia, engineer and representative of mine owner, made several comments on
the project: 1) phasing is impossible, because all the phases are tied together, 2) Mr.
Millhollin would close and reclaim if the City would provide him with the flexibility to work
in phase 2 in order to finish phase 1, 3) Reclaiming is directly affected by phasing and in
the end there will be enough topsoil to re-vegetate as it should be done, and 4) tree
planting is not to be phased, the reclamation plan states that he shall plant 50 oak trees
at the close of the mine. Mr. Tartaglia answered questions of Council.
Vicky Rabourn, representative of the Santa Lucia Neighborhood Association, read a
prepared statement about their concerns with the continued violations and lack of
compliance with the Reclamation Plan and Operations Agreement. (Exhibit B)
Geraldine Brasher asked why penalties for non-compliance have not been enforced.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise that Council adopt an updated phasing
schedule that would address the mining and reclamation schedule
for each phase, and require at this time an updated restoration cost
estimate, and to report back to Council by December 10, 2003.
Motion failed for lack of a second.
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to direct staff to take the additional actions 3, 4, 5 and
6 as described in Table 1 of the staff report and that under
staff recommendation #3 the Council request an updated
phasing schedule that would address the mining and
reclamation schedule for each phase and require the
completion of phase 1 before going on to phase 2 and 3, and
that the financial assurance be increased, and a restoration
cost estimate from the mine operator for staff's review and
then for staff to come back for an update, and that the City
Attorney look into a land use ordinance that would deal with
the cost of the extraction operations on the City roads and
require a fee if appropriate, with a time frame of December 9,
2003 for this item to be placed on the Council agenda.
Motion passed 3.2 by a roll-call vote. (Scalise, Clay opposed)
Council Member Scalise and Mayor Clay expressed concern regarding the requirement
to complete phase 1 before proceeding to the subsequent phases.
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.
City Attorney Roy Hanley 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 revising the procedures for imposition and
collection of business taxes in the City of Atascadero.
Motion passed 5:0 by a roll-call vote.
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.
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City Attorney Roy Hanley clarified this item and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Scalise and seconded by Mayor Clay to
Introduce for first reading, by title only, draft Ordinance
amending the definition of "auto dealer" in the Atascadero
Municipal Code.
Motion passed 5:0 by a roll-call vote.
E. COMMITTEE & LIAISON REPORTS:
Mayor Pro Tem Luna
1. Integrated Waste Management Authority (IWMA): Discussed legislation to be
signed by the Governor including raising the redemption value on bottles and
cans.
Council Member Scalise
1. Local Agency Formation Commission (LAFCO): Council Member Scalise will
be attending the California State conference in San Francisco.
Council Member O'Malley
1. City / Schools Committee: Agreed with the School to reinstate the resource
officer— schools to pay 80%, City 20%.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
City Clerk Torgerson thanked Council for the earlier recognition and for the
support she has had during the three-year training program.
City Manager
City Manager McKinney reported on an EOC meeting regarding the Homeless
Shelter. A draft budget has been developed in the amount of $381,000, $25,000
to be one-time start up costs in the first year only. The annual budget will be
$200,000 with in kind value of services from ECHO at approximately $160,000.
There will potentially be funds available from the County. Mr. McKinney
discussed Paso Robles participation, the need for a CUP and other issues
related to the shelter.
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G. ADJOURNMENT:
Mayor Clay adjourned the meeting at 10:37 p.m. to the next regularly scheduled
meeting on October 14, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
l
Marcia McClure Torgerson, City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A— Mayor Pro Tem Luna, PowerPoint presentation
Exhibit B - Vicky Rabourn, prepared statement
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CITY OF A TA SCA DERO
1918 , 1979
CITY COUNCIL
AGENDA
TUESDAY, OCTOBER 14, 2003
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Scalise
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.)
1
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Employee Recognition - Service Awards
2. Proclamation declaring October 12-18, 2003 "Colony Days"
3. Proclamation recognizing Disability Achievement Month, October 2003
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.)
1. City Council Closed Session Minutes —August 22, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the closed session meeting of August 22, 2003. [City Clerk]
2. City Council Strategic Planning Workshop Minutes — August 23, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the Strategic Planning Workshop of August 23, 2003. [City
Clerk]
3. City Treasurer's Report - July 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for July 2003. [City Treasurer]
4. City Treasurer's Report - August 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for August 2003. [City Treasurer]
2
5. July Disbursements—July 2003 Accounts Payable & Payroll
■ Fiscal impact: $1,848,122.89
■ Staff recommendation: City Council approve certified City accounts
payable, payroll and payroll vendor checks for July 2003.
[Administrative Services]
6. August Disbursements—August 2003 Accounts Payable & Payroll
■ Fiscal impact: $1,419,387.05
■ Staff recommendation: City Council approve certified City accounts
payable, payroll and payroll vendor checks for August 2003.
[Administrative Services]
7. Revising Procedures for Imposition of Business License Taxes
■ Fiscal impact: None has been identified, although there is some
saving in staff time contemplated.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft ordinance revising procedures for imposition of business
license taxes in the City of Atascadero. [City Attorney]
8. Ordinance Revising Definition of Auto Dealer
■ Fiscal impact: None.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft ordinance revising the definition of auto dealer in the
Municipal Code of the City of Atascadero. [City Attorney]
9. Adoption of Records Retention Schedule
■ Fiscal impact: The establishment of clear retention periods for City
records will allow the City of Atascadero to realize significant savings in
labor and storage costs, free filing cabinet and office space, and
improve office efficiencies.
■ Staff recommendation: Council adopt draft Resolution establishing the
City's Records Retention Schedule and authorizing destruction of
certain City records. [City Manager]
10. Single Family Planned Development Zone Change 2003-0040 - 5460
Mariquita Avenue (Jorgensen)
■ 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: Council adopt on second reading, by title only,
the attached Draft Ordinance, enacting Zone Change 2003-0040
adding the PD-7 zoning overlay district to an RMF-10 site. [Community
Development]
3
11. Zone Change 2003-0062; Establishing Specific Plan #1 - The
Woodlands Specific Plan (Halcon Road/ R.W. Hertel & Sons, Inc.)
■ 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.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2003-0062 establishing an
SP-1 zoning overlay district. [Community Development]
12. Zone Change 2003-0041; The Woodlands Specific Plan #1 - (Halcon
Road / R.W. Hertel & Sons, Inc)
■ 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.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2003-0041 adding the
SP-1 zoning overlay district to subject site. [Community Development]
13. Proposition 40 Bond Act
■ Fiscal impact: Approval of this resolution will allow the City Manager to
apply for $220,000.00 from the Per Capita Program under Proposition
40, the Clean Water, Clean Air, Safe Neighborhood, Parks and Coastal
Protection Bond Act of 2002.
■ Staff recommendation: Council approve the draft Resolution
authorizing the City Manager to apply for grant funds from the Per
Capita Program under Proposition 40. [Community Services]
14. Request to Place Memorial Benches at Atascadero Lake Park
■ Fiscal impact: None. All costs related to the purchase and installation
of memorial benches are covered by the requesting family.
■ Staff recommendation: Council:
1. Approve a request by John and Jacquie Paulsen to place a
Memorial Bench at Atascadero Lake Park.
2. Approve a request by Mary Johnson to place a Memorial Bench at
Atascadero Lake Park.
3. Approve a request by Frank and Kathy Kock to place a Memorial
Bench at Atascadero Lake Park. [Community Services]
4
15. Enhanced 9-1-1 Dispatch Equipment Replacement
■ Fiscal impact: None. The cost of the SBC Pacific Bell Enhanced 9-1-1
(E911) telephone system is $128,292.47. The funds are paid by the
State of California directly to the vendor and have no impact on the
General Fund. Maintenance of the system is included in the price of
purchase.
■ Staff recommendation: Council approve purchase of SBC Pacific Bell
Enhanced 9-1-1 (E911) telephone system for the Public Safety
Communications Center. [Police Department]
16. Acceptance of Final Map 2003-0049 - Tract 2454 Phase II (TTM 2002-
0014) Ferrocarril Road (Gearhart/Wilson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0049 (Trace 2454 Phase II); and,
2. Reject offer of dedication for emergency access easement without
prejudice to future acceptance; and
3. Authorize City Manager to execute Subdivision Improvement
Agreement [Public Works]
17. Acceptance of Final Map 2003-0059 - Parcel Map ATAL 01-089 (LLA
2001-0026) Pueblo/ Esperanza (Gearhart/Wilson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0059 (Parcel Map ATAL 01-089); and,
2. Reject offers of dedication for public utility easement and
pedestrian access easement without prejudice to future
acceptance. [Public Works]
18. Acceptance of Final Map 2003-0057 - Tract 2512 (TPM 2002-0024)
6205 San Gabriel Road (Rancho de Paraiso)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0057 (Tract 2512); and,
2. Reject offers of dedication for the public utility easement and
emergency access easement without prejudice to future
acceptance. [Public Works]
19. Acceptance of Dedication - Easement for Public Road
■ Fiscal impact: None.
■ Staff recommendation: Council approve draft Resolution recognizing
that Council accepted an offer of dedication of an easement for public
road purposes on February 26, 2002. [Public Works]
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20. Telephone System Purchase
■ Fiscal impact: $125,000 of budgeted 2003-2004 Technology Funds.
■ Staff recommendation: Council approve the purchase of the IP 400
phone system from Avaya Communications for $125,000.00.
[Information Technology]
B. PUBLIC HEARINGS:
1. Planned Development Zone Code Text 2003-0083, Multi-Family
Planned Development Zone Change 2002-0027 - Master Plan of
Development (CUP 2002-0064), Vesting Tentative Tract Map
2002-0018 - 1200 La Costa Court (Charnley)
■ Fiscal impact: The project would likely have a slight negative impact
on City revenues. As a general rule, multi-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
0024; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0083 establishing Planned District 20, based
on findings; and,
3. Introduce for first reading, by title only, draft Ordinance B approving
Zone Change 2002-0027 based on findings; and,
4. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2002-0064) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
5. Adopt draft Resolution C approving Vesting Tentative Tract Map
2002-0018, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
2. Single-Family Planned Development Zone Change 2003-0061 -
Master Plan of Development (CUP 2003-0110), Vesting Tentative
Parcel Map 2003-0047 2955 Chico Road (Midland Pacific, Inc.)
■ 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. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0061 applying PD-14 Overlay to 2955 Chico
Road, based on findings; and,
2. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0110) based on findings and subject to
conditions of approval; and,
3. Adopt draft Resolution C approving Tentative Parcel Map 2003-
0047, based on findings and subject to Conditions of Approval.
[Community Development]
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C. MANAGEMENT REPORTS:
1. Citywide Economic Development Strategy
■ Fiscal impact: There is no direct fiscal impact in reviewing and
approving the proposed strategy. However, adoption and execution of
a comprehensive Economic Development Strategy could have
significant fiscal impact in increasing municipal revenue less program
delivery costs.
■ Staff recommendation: Council review and adopt a five-year, citywide
Economic Development Strategy for FY- 2003-2008. [City Manager]
D. ATTORNEY REPORTS:
1. Revisinq Procedures for Appointing the Mayor and the Mayor Pro
Tem
■ Fiscal impact: None has been identified.
■ Staff recommendation: City Council adopt the draft Resolution
establishing a rotation system for the selection of the mayor and mayor
pro tem in the City of Atascadero. [City Attorney]
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)
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Council Member Pacas
1. City/ Schools Committee
2. Atascadero Youth Task Force
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 October 14, 2003 Regular Session of the Atascadero City Council
was posted on October 7, 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 7th day of October 2003 at Atascadero, California.
�blem I'Di 4/t�
Cheryl DeJ ng, Dep JYY Cit lerk
City of Atascadero
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