HomeMy WebLinkAboutMinutes 102803 Approved: November 25,2003
is ; ' 1 CITY OF ATASCA DERO
CITY COUNCIL
MINUTES
TUESDAY, OCTOBER 28, 2003
CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
Council Member Pacas announced that she would be stepping down from
consideration of #2.a.
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
b. Conference with legal counsel —anticipated litigation
Government Code § 54956.9 (b)2
Castle Rock Development of California v. City of Atascadero
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 7:00 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
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, Information Technology Director Andrew Fruin,
Planning Services Manager Steve McHarris, Police Chief Dennis
Hegwood and City Attorney Roy Hanley.
COMMUNITY FORUM:
Eric Greening, 7365 Valle Avenue, referred to the fires burning in southern California
and the loss of life due to the fires. He expressed concern for those impacted by these
fires. Mr. Greening invited the Council to attend the Day of the Oak on Saturday,
November 8th at 8:30 a.m. to 12:30 p.m. in the City Hall Rotunda Room.
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.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley announced that the Channel Counties Division of the League
of California Cities would be having a grassroots meeting in Paso Robles on Friday,
November 21 st
Mayor Pro Tem Luna thanked the Public Works Department and Atascadero Waste for
the Clean Up Day last Saturday. He suggested the Council consider looking at the
penalties for illegal disposal.
Council Member O'Malley thanked everyone involved in Colony Days for a great event.
Mayor Clay acknowledged City Manager Wade McKinney's birthday.
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1. Guidance Package to Acquire Pine Mountain Property with Transfer
of Development Credits
■ Fiscal impact: None has been identified
■ City Attorney recommendation: City Council adopt the draft Resolution
establishing a procedure for processing an application for a
development agreement for the purpose of transferring development
rights on certain property located on Pine Mountain to other specified
receiver sites in Atascadero in exchange for a grant deed on same
property to the City of Atascadero. [City Attorney]
City Attorney Roy Hanley and Community Development Director Warren Frace gave
staff reports and answered questions of Council.
PUBLIC COMMENT
Eric Greening indicated that he appreciates Mr. Molina's efforts to preserve Pine
Mountain. He felt, however, that it would have been better to investigate all potential
methods of funding this protection as he feels there were other avenues to pursue such
as using this site as off-site mitigation for environmental impacts of other projects within
the City, etc. Additionally, he expressed concern over the criteria that would make the
Anza location a potential receiver site.
Marge Mackey stated she is happy to see Pine Mountain being protected.
Ellen Beraud, 9608 Laurel Road, raised the question that as this is a resolution, is it
possible for any developer to go through this process and engage in spot zoning. She
feels this could be very difficult for the City to regulate.
Mayor Clay closed the Public Comment period.
Mayor Clay asked staff to respond to questions raised during the Public Comment
period.
Council Member Pacas indicated that she agreed with Mr. Greening's comment about
the Anza site, as it is a very rural area and a good distance from the center of the City.
She supports the idea of obtaining this property, but would have liked to explore
methods other than transfer of development credits to obtain it. She indicated that she
has spoken with some of the neighbors from the Colima site that fear too many homes
will be developed on this site and that future sewer access will pass them by.
George Molina thanked staff, Council Member O'Malley and Mayor Pro Tem Luna for all
their work in this process.
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MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to adopt the draft Resolution establishing a procedure
for processing an application for a development agreement for
the purpose of transferring development rights on certain
property located on Pine Mountain to other specified receiver
sites in Atascadero in exchange for a grant deed on same
property to the City of Atascadero.
Motion passed 4:1 by a roll-call vote. (Pacas opposed)
(Resolution No. 2003-056)
A. CONSENT CALENDAR:
1. City Council Minutes — September 23, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of September 23, 2003. [City Clerk]
2. September Disbursements — September 2003 Accounts Payable &
Payroll
■ Fiscal impact: $1,545,613.83
■ Staff recommendation: City Council approve certified City accounts
payable, payroll and payroll vendor checks for September 2003.
[Administrative Services]
3. Salary and Benefit Resolution — Non-Represented Professional,
Management Workers and Confidential Employees
■ Fiscal impact: Approximately 3% of salary for this fiscal year
(contained within the Annual Operating Budget)
■ Staff recommendation: Council:
1. Adopt draft Resolution, authorizing salaries and benefits for Non-
Represented Professional and Management Workers and
Confidential Employees; and,
2. Approve Memorandum of Understanding between Local 620
Service Employees International Union (SEIU) Atascadero Chapter
and the City of Atascadero July 1, 2003 to June 30, 2005; and,
3. Adopt draft Resolution, for Paying and Reporting the Value of
Employer Paid Member Contributions (EPMC); and,
4. Approve Addendum to City Manager Employment Agreement; and
5. Approve the Salary Schedule, effective July 1, 2003. [City Manager]
4. Planned Development Zone Code Text 2003-0083 - 1200 La Costa
Court (Charnley)
■ 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 draft Ordinance, enacting Zone Code Text 2003-0083 establishing
Planned District 20. [Community Development]
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5. Multi-Family Planned Development Zone Change 2002-0027-1200 La
Costa Court (Charnley)
■ 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 draft Ordinance, enacting Zone Change 2002-0027 adding the PD-
20 zoning overlay district to an RMF-16 site. [Community
Development]
6. Single-Family Planned Development Zone Change 2003-0061 - 2955
Chico Road (Midland Pacific, Inc.)
■ 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 draft Ordinance, enacting Zone Change 2003-0027 adding the PD-
14 zoning overlay district to an RSF-Y site.
7. Requests to Place Memorial Benches at Atascadero Lake Park
■ Fiscal impact: None. The requesting families or organizations cover
all related costs to the purchase and installation of Memorial benches.
■ Staff recommendation: Council:
1. Approve a request by Jerel Seay and friends of Kent Crow to install
a Memorial Bench at Atascadero Lake Park.
2. Approve a request by the Atascadero Women's Club to install a
Memorial Bench at Atascadero Lake Park. [Community Services]
8. Deleaation of Authority for Executing CalTrans Documents
■ Fiscal impact: The adoption of this Resolution will allow future
authorizations and/or funding reimbursements to be received by the
City on CalTrans-administered projects.
■ Staff recommendation: Council adopt the draft Resolution, authorizing
the City Manager or his designee to execute CalTrans documents.
[Public Works]
9. Summary Vacation of an Unimproved Portion of San Gabriel Road
Colony Right-of-Way & Acceptance of Final Map 2003-0060 - Parcel
Map ATAL 01-344 (LLA 2001-0032) 10051 Santa Lucia Road
(Wright/Wilson) [Public Works]
■ Fiscal impact: None.
■ Planning Commission recommendation: Council:
1. Summarily vacate a portion of San Gabriel Road colony right-of-
way; and,
2. Adjust a lot line along a portion of San Gabriel Road colony right-of-
way.
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■ Staff recommendation: Council:
1. Accept Final Map 2003-0060 (Parcel Map ATAL 01-344); and,
2. Reject offer of dedication for public street and utility purposes
without prejudice to future acceptance; and,
3. Authorize City Manager to sign Grant of Easement to Southern
California Gas Company within the new right-of-way. [Public Works]
10. EI Camino Real Traffic Signal Synchronization Project Change Order
■ Fiscal impact: $42,250.00 of STIP funds.
■ Staff recommendation: Council:
1. Approve Change Order No. 2 in the amount of $42,250.00 with Lee
Wilson Electric Company for the installation of a four-camera
system on the traffic signal at the intersection of Traffic Way and EI
Camino Real
2. Authorize the City Manager to approve any additional change
orders up to 20% of the amended contract price. [Public Works]
11. Police Vehicles Purchase
■ Fiscal impact: $53,452.68. Funds are provided in the 2003/2004 City
budget.
■ Staff recommendation: Council authorize the purchase of two
replacement police vehicles from Wondries Fleet Division. [Police]
Council Member O'Malley pulled Items #A-4 and #A-5. Mayor Pro Tem Luna pulled
Items #A-10 and #A-11.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve Items #A-1, 2, 3, 6, 7, 8 and 9.
Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolutions
No. 2003-057 and 2003-058 Contract No. 2003-034 and 2003-
035, Item #A-6 Ordinance No. 433, Item #A-8 Resolution No.
2003-059)
Item #A-11: Mayor Pro Tem Luna asked Police Chief Hegwood to update the figures in
the staff report. Chief Hegwood corrected the numbers to $55,472.19 with a savings of
$1,672.04.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve Item #A-11.
Motion passed 5:0 by a roll-call vote.
Item #A-10: Mayor Pro Tem Luna asked if the cameras could be converted to spy
cameras. Public Works Director Kahn stated that it is possible to see the vehicle
through the camera, but it is not possible to see the person inside the vehicle or read
the license plate number.
MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to
approve Item #A-10.
Motion passed 5:0 by a roll-call vote.
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Items # A-4 and 5: Council Member O'Malley asked for clarification on the in-lieu fees
and explained the actions Mr. Charnley took to accommodate neighbor's and staff
concerns on his project. There was Council discussion about the future use of in-lieu
funds.
PUBLIC COMMENT
Andy Charnley thanked staff and Council for their work on this project. He stated fees
should be calculated on construction costs rather than market value because there are
developers who want to create workforce housing.
Eric Greening thanked Mr. Charnley and hoped that his voluntarily coming forward with
his offer would be precedent setting. He expressed concern and raised questions
regarding pedestrian crossings in the project.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Luna to approve Items #A-4 and 5 and direct staff to return
Resolution No. 2003-051 and Resolution No. 2003-052 to the
next consent agenda to amend the affordable housing in-lieu
fee from 2.5 percent to 5 percent for the property at 1200 La
Costa.
Motion passed 5:0 by a roll-call vote. (item #A-4 Ordinance No.
431, Item #A-5 Ordinance No. 432)
B. PUBLIC HEARINGS:
1. Single-Family Planned Development Zone Change 2003-0045 -
Master Plan of Development (CUP 2003-0094), Vesting Tentative
Parcel Map 2003-0040 - 5516 Tunitas Avenue (Thibeault)
■ 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 draft Resolution A certifying Mitigated Negative Declaration
2003-0034; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0045 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0094) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Parcel Map
2003-0040, 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
Larry Thibeault, applicant, thanked staff for their work and spoke about the project. Mr.
Thibeault answered questions of Council.
Marge Mackey stated she lives a few properties down from this project and that she
objects to the long house to be developed on this property. She asked about sale of the
houses given the unusual configuration of one of the garages to the Colony house.
Eric Greening questioned the solar access for the long house and whether it would be
shaded given the closeness of the adjacent building.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Scalise to accept the Planning Commission
recommendations including: adopt draft Resolution A
certifying Mitigated Negative Declaration 2003-0034; and,
introduce for first reading, by title only, draft Ordinance A
approving Zone Change 2003-0045 based on findings; and,
adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0094) based on findings and subject
to Conditions of Approval and Mitigation Monitoring; and,
adopt draft Resolution C approving Vesting Tentative Parcel
Map 2003-0040, based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
Motion passed 5:0 by a roll-call vote. (Resolutions No. 2003-
060, 2003-061 and 2003-062)
C. MANAGEMENT REPORTS:
1. Solid Waste Landfill Contract
■ Fiscal impact: Approximate revenues of $24,000.
■ Staff recommendation: Council authorize the City Manager to execute
the agreement between the City of Atascadero and Chicago Grade
Landfill, Inc. for exclusive depositing of City waste collections. [Public
Works]
Public Works Director Steve Kahn gave the staff report.
PUBLIC COMMENT
Mike Hoover, President of Chicago Grade Landfill, indicated he was available to answer
questions. He stated that this was an integral part of their growth process and they
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need this agreement to assure their funding institution they will have the ability to repay
their loan.
Mayor Clay closed the Public Comment period.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to authorize the City Manager to execute the
agreement between the City of Atascadero and Chicago Grade
Landfill, Inc. for exclusive depositing of City waste collections.
Motion passed 5.0 by a roll-call vote. (Contract No. 2003-036)
2. City Entry Monument Sign
■ Fiscal impact: The project would likely have no impact on City
revenues as the project installation and maintenance has been funded
through arrangements with the Atascadero Chamber of Commerce.
■ Staff recommendation: Council adopt draft Resolution establishing an
official entry monument sign at the northern entrance to the City.
[Community Development]
Community Development Director Warren Frace provided 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 establishing an official entry
monument sign at the northern entrance to the City.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2003-
063)
D. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary.):
Mayor Pro Tem Luna
1. Finance Committee: The Committee discussed the investment policy with
minor changes made to make it consistent with State law. This will be coming
to the Council November 25th. Regarding the Taussig report, the issue of
fees will be discussed at the Strategic Planning Session in January.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk: Reminded Council that there is no meeting on November 11 th due to
the observance of Veteran's Day. There will be a joint study session on the
Mixed Use Text Amendment on November 131h at 6:00 p.m. and a second joint
study session on Dove Creek on November 19th at 2:00 p.m. City Clerk
Torgerson requested a subcommittee to interview and choose an applicant for
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the position of youth representative on the Parks and Recreation Commission.
Mayor Clay appointed Council Member Pacas and himself to the subcommittee.
City Manager: Asked for direction on the issue of penalties for illegal dumping.
Mr. McKinney also discussed an email to Council received today—at the
November 21St meeting with the Channel Counties Division of the League of
California Cities, there is to be a vote on the by-laws.
There was Council discussion on the by-law vote. There was Council consensus
to support the recommendations.
F. ADJOURNMENT:
Mayor Clay adjourned the meeting at 8:45 p.m. to the next regularly scheduled meeting
on November 25, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure "r'orgerson, City Cler
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