HomeMy WebLinkAboutMinutes 051104 Approved June 8,2004
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CITY OFATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, MAY 11, 2004
7:00 P.M.
CLOSED SESSION:
City Manager Wade McKinney requested that the Litigation for Creekside Parcel
Associates v City of Atascadero be added to the Closed Session Agenda. He explained
that the item arose after the preparation of the agenda and needs to be acted on by
tomorrow, May 12, 2004.
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
put on the Closed Session Agenda the Creekside Parcel
Associates v the City of Atascadero.
Motion passed 5.0 by a roll-call vote.
Council Member O'Malley announced that he was stepping down due to an interest in
real property that is too close.
1. PUBLIC COMMENT - CLOSED SESSION - None
2. Call to Order
a. Conference with labor negotiator (Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee Organizations: Department Heads, Mid-Management/
Professional, Confidential, Atascadero Firefighters, Service
Employees Intl. Union Local 620, and Atascadero Police Assoc.
b. Personnel Issue: Police Chief (Govt. Code Sec. 54957.6)
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C. Creekside Parcel Associates v the City of Atascadero (Govt. Code
Sec. 54956.9 (a))
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced no reportable action was taken on any of the three
Closed Session items.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:35 p.m. and Mayor Pro Tem Scalise led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk Marcia McClure Torgerson, Deputy City Clerk Grace
Pucci
Staff Present: City Manager Wade McKinney, Administrative Services Director
Rachelle Rickard, Community Development Director Warren Frace,
Public Works Director Steve Kahn, Police Lt. John Couch, Fire
Chief Kurt Stone, Deputy Community Development Director Steve
McHarris, Redevelopment Specialist Marty Tracey, Deputy Public
Works Director Geoff English, Associate Planner Kelly Gleason,
Public Works Technician Valerie Humphrey and City Attorney Roy
Hanley.
COMMUNITY FORUM:
Steve Martin, Executive Director Atascadero Main Street, spoke about the Atascadero
Main Street Market to be held from 6:00 p.m. to 9:00 p.m. on Wednesday evenings.
The grand opening will be on May 26th. Mr. Martin commended City staff for their
assistance on this project.
Michael Kovacs referred to an article he read in the Tribune about the Police Chief, and
stated his concerns with the Chief returning to duty.
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Joanne Main spoke about the new Atascadero Main Street Market, and stated the
Chamber has acted to encourage businesses to stay open until 8:00 p.m. on
Wednesday nights for "Atascadero After Hours," which will occur in conjunction with the
new market.
Sandy Brooks asked for help with keeping motorcycles out of the Salinas River by
helping to improve the pipe barrier access points for the Anza Trail.
Bill Obermeyer asked Council to consider adding open space, pathways, trails, etc.
when new projects come up for consideration. He would like to see an interconnected
bike/trail network between new projects.
Eric Greening seconded the comments of the previous speaker for several reasons
including the state of our health, because younger people need to safely get around
town, and the rising price of gasoline.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring May 16 - 22, 2004 - "National Public Works
Week."
Mayor Luna read the Proclamation and presented it to Public Works Director Steve
Kahn who thanked Council for the Proclamation.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Luna announced that he would be in Sacramento tomorrow and Thursday for a
League of California Cities conference, therefore his office hours tomorrow would be
cancelled. Mayor Luna spoke about Stadium Park and thanked the California
Conservation Corps for building a pedestrian trail, spreading chips for dust control and
clearing brush, making the Park safer. Mayor Luna recognized specific individuals for
helping to prepare the 10-foot easement the City holds leading into Stadium Park and
the bowl in the park; efforts that helped make the Pine Mountain Festival a success.
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1. Designation of Voting Delegate - League of California Cities' Local
Legislative Action Days May 12-13, 2004
Staff recommendation: Council designate a voting delegate and alternate for
the General Assembly of the League meeting to be held on May 13, 2004.
Mayor Luna announced that the initiative to prevent the State from confiscating local
funds would be on the ballot. He also spoke about the compromise the Governor is
trying to negotiate with California cities.
City Manager Wade McKinney explained the Governor's proposal and its impact to
Atascadero.
PUBLIC COMMENT
Joanne Main asked for clarification on what would happen on the ballot with the
Governor's proposal as the original initiative is already approved to be on the ballot.
Mayor Luna explained the Governor is inserting a second initiative.
Eric Greening indicated he supports the motion on the table, but observed that it feels
unhealthy to have someone make a decision on a ballot measure not on the merits of
that measure but on the behavior of a third party.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to designate Mayor Luna to be Atascadero's
voting delegate and Council Member Pacas to be the alternate
to vote at the general assembly and further direct that Mayor
Luna vote in favor of the compromise suggested by the
Governor.
Motion passed 3.2 by a roll-call vote. (Pacas, Luna opposed)
Council Member Pacas stated she did not like to add on that Mayor Luna must vote in
favor of the Governor's compromise before there is a chance for those attending the
League of Cities conference to meet and comment.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes —April 13, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of April 13, 2004. (City Clerk)
2. March Disbursements
■ Fiscal impact: Total expenditures for all funds if $1,331,161.55.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2004. (Administrative
Services)
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3. March Treasurer's Report
■ Fiscal impact: None
■ Recommendation: Council approve the City Treasurer's report for
March 2004. (Administrative Services)
4. Eden Financial Software Upgrade
■ Fiscal impact: $58,500 of technology replacement funds.
■ Recommendations: Council:
1) Authorize the City Manager to execute a contract for $50,600 plus
expenses with Eden Systems, Inc. for the installation of and
training for the financial system software upgrade.
2) Authorize the Administrative Services Director to appropriate an
additional $58,500 in technology funds for this software upgrade.
5. City's Workers' Compensation Program
■ Fiscal impact: A slight savings over current premiums and a potential
substantial savings based on the claims incurred during each fiscal
year.
■ Recommendation: Council adopt draft resolution authorizing and
approving self-insurance of workers' compensation for its employees
through the self-insurance and loss pooling program of California Joint
Powers Insurance Authority (CJPIA). (Administrative Services)
6. Amendments to the Atascadero Municipal Code Pertaining to Noise
Standards, Regulations of Outdoor Amplified Noise, Cost Recovery
for Noise Disturbances and Regulating Motorcycles as an Accessory
Use
■ Fiscal impact: None has been identified.
■ Recommendations: Council:
1) Adopt on second reading by title only ordinance next in order
amending the Atascadero Municipal code pertaining to
exemptions to noise standards, regulation of outdoor amplified
noise and cost recovery for noise disturbances.
2) Adopt on second reading by title only ordinance next in order
amending the Atascadero Municipal Code to regulate motorcycles
as an accessory use and to include cost recovery for police
services. (City Attorney)
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7. Single Family Planned Development ZCH 2003-0071 Master Plan
Development (CUP 2003-0188). Vesting Tentative Parcel Map 2003-
0052 5528 Tunitas Ave., 5559 Rosario Ave (Mehring)
■ 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.
■ Recommendation: Council approve on second reading, by title only,
the attached Draft Ordinance, enacting Zone Change 2003-0071
adding the PD-7 zoning overlay district to an RMF-10 site.
(Community Development)
8. Hot EI Camino Nite Road Closure
■ Fiscal impact: None.
■ Recommendation: Council approve the draft Resolution authorizing
the closure of EI Camino Real from Curbaril to Traffic Way on Friday,
August 20, 2004 from 6:30 p.m. until 8:30 p.m. (Community Services)
9. Final Map 2004-0074 — Tract 1858-2 Tentative Tract Map 25-89 — 5805
Capistrano Ave. (Hotel Park/Glen Lewis)
■ Fiscal impact: None.
■ Recommendations: Council:
1) Accept Final Map 2004-0074 (Tract 1858-2); and
2) Reject offers of dedication for easements without prejudice to future
acceptance.
10. Architecture and Engineering Services Contract for City Hall and
Printery Seismic Repairs
■ Fiscal impact: The fiscal impact is unknown at this time, however
current estimates for engineering and architectural services currently
range from $500,000 to $3,000,000 of FEMA, OES and City funds.
■ Staff Recommendations: Council:
1) Authorize the City Manager to negotiate and execute a contract
for architecture and miscellaneous engineering services with
Hardy Holzman Pfeiffer Associates (HHPA).
2) Authorize the City Manager to negotiate and execute a contract
for structural engineering services with Nabih Youssef &
Associates (NYA). (Administrative Services)
Mayor Luna pulled Items #A-6 and 10.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Items #A-1, 2, 3, 4, 5, 7, 8 and 9.
Motion passed 5:0 by a roll-call vote. (Item #A-4.1 Contract No.
2004-009, Item #A-5 Resolution No. 2004-038, Item #A-7
Ordinance No. 450, Item #A-8 Resolution No. 2004-039)
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Item #A-6: Mayor Luna stated he pulled this item because he intends to vote no. He
indicated that at the last meeting the City Attorney informed Council that the General
Plan and the Zoning Ordinance were not enforceable and this ordinance would be a
compromise. He thinks this is the wrong approach and that the City should go back and
redo each in such a way that they can be enforced.
PUBLIC COMMENT
Doug Marks stated that this ordinance is inconsistent with the long-term best interests of
the City of Atascadero and the majority of its residents. He asked that motorcycle tracks
be prohibited in residential areas of the City.
Jerry Dillard encouraged Council to adopt the proposal to regulate motorcycle use and
stated he would like to see existing ordinances enforced.
Nancy Spitzer spoke against this ordinance and stated that the existing ordinances
should be enforced. She stated that real estate values would be diminished and she
expressed concern with fire hazards from exhaust systems and vehicle operation.
Jim Anderson expressed surprise that the Council has voted in favor of this ordinance
and asked them to reconsider given the noise the motorcycles make in residential
areas.
Rosemary Bern stated she has been keeping a dairy, as recommended, and found that
motorcycles have been ridden more than two hours a day and early on Sunday. She
stated this proposal will not work and asked for a total band on any motorcycle use on
private property.
Charles Cox stated that the Council's failure to ban motorcycle use has created a public
nuisance and lessened the standards for a peaceful neighborhood. He urged the
Council to reverse their earlier vote and completely ban motorcycle use in residential
areas.
Eric Greening stated that this ordinance could have an impact on soil destabilization
and sedimentation, and asked how this integrates with the National Pollutant Discharge
Elimination System Plan.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Pacas and seconded by Mayor Luna to
adopt Item #A-6 portion 1, adopt on second reading by title
only amending the Atascadero Municipal code pertaining to
exemptions to noise standards, regulation of outdoor
amplified noise and cost recovery for noise disturbances
Motion passed 4:1 by a roll-call vote. (Clay opposed)
(Ordinance No. 448)
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MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to adopt on second reading by title only ordinance
amending the Atascadero Municipal Code to regulate
motorcycles as an accessory use and to include cost recovery
for police services.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Ordinance No. 449)
Item #A-10: Mayor Luna asked for an explanation of why there was such a big range in
the estimates. Administrative Services Director Rickard and City Manager McKinney
explained the reason for the large range.
MOTION: By Mayor Luna and seconded by Council Member Clay to
approve Item #A-10.
Motion passed 5:0 by a roll-call vote. (Item No. A-10.1 Contract
No. 2004-010, Item No. A-10.2 Contract No. 2004-011)
B. CONTINUED ITEMS:
1. West Front Village GPA 2003-0005 / Zone Change 2003-0058 (CUP
2003.-01.08) Tentative Tract Map 2003-0035 (West Front Properties)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
■ Staff recommendation: Council authorize staff to process the West
Front Village mixed use general plan amendment project application.
(Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council
Council Member O'Malley made several suggestions of minimum standards for
horizontal development:
1. Implement the Tausig study on all legislative acts of the Council that allow an
entitlement to a home.
2. Condition mixed use projects so that the commercial is built concurrently with the
residential.
3. Create a standard of at least 50% commercial unless Council finds unusual benefit
to allow less.
4. Prioritize staff time as follows: 1) anything that brings in transient occupancy tax,
2) commercial retail where there is a lease in place, 3) commercial retail for
speculation, and 4) residential.
There was Council discussion of Council Member O'Malley's suggestions.
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PUBLIC COMMENT
Richard Shannon, applicant, spoke about the mutual benefits for both the applicant and
the City from this project. He asked Council to authorize staff to work with them on this
project and to process it as quickly as possible. Mr. Shannon offered to hire an outside
consultant to assist staff in processing this project. Mr. Shannon answered questions of
Council.
Bill White, Atascadero Firefighters Association, reiterated to Council their opposition to
any change that would rezone commercial or retail property to residential. Mr. White
answered questions of Council.
Eric Greening stated he does not see the mechanism by which the Tausig study would
sustain the continued break-even revenue to the City once properties are sold to private
owners.
Dan McGauley, Atascadero Firefighters Association, stated they are not opposed to
mixed use but they feel there is a finite amount of commercial left in the city and that
sales tax will cover their expenses more so than property taxes. They support applying
the Tausig study to all development. Mr. McGauley answered questions of Council.
Joanne Main, Chamber of Commerce, spoke in favor of seeing retail and TOT revenues
grow. She stated this hotel has great potential for bringing revenue to the City, and
urged Council to support this project.
Ann Ketcherside questioned the zone changes and whether there had been a publicly
noticed hearing on this item in past.
Mayor Luna closed the Public Comment period.
Mayor Luna commented that when a commercial property is converted to residential it
would be residential forever. He spoke about horizontal mixed use and felt the City
must proceed slowly on it. He indicated he could not support these types of
developments and especially not this one.
Council Member Pacas does not see a problem with letting a piece of property be on
the market for many years if it results in getting the appropriate project for the site, one
that will generate revenue for the City. Though she thinks this is a good time for a hotel
to come into the City, she does not support converting this property to housing in the
back, as it does not benefit the entire City as a commercial development would.
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MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to authorize staff to process the West Front Village
mixed use general plan amendment project application and to
take up the developers on their proposal to provide a
consultant to assist staff with processing.
Council Member O'Malley asked if the maker would amend the motion to implement the
Tausig study for the residential component of project and to require that the commercial
portion be built.
Council Member Clay accepted this amendment to his motion.
Mayor Pro Tem Scalise stated that she is not comfortable with applying the Tausig
study at this juncture, however she would go along with the amendment as tonight
Council is just giving staff an indication of the types of things they want in the project.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to authorize staff to process the West Front Village
mixed use general plan amendment project application and to
take up the developers on their proposal to provide a
consultant to assist staff with processing, that the Tausig
fiscal model be run on the residential portions of the project,
and there be a requirement that the commercial portion will be
built.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
Mayor Luna recessed the hearing at 9:40 p.m.
Mayor Luna called the meeting back to order at 9:48 p.m.
Council Member O'Malley clarified his position on the last motion, stating that he
expects a motel is going to be built at the same time as the residential is built.
2. EI Camino Real / Principal Avenue Mixed-Use GPA 2003-0008 / Zone
Change 2003-0070 (CUP 2003-0117) Tentative Tract Map 2003-0004
(West Pac Investments)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
■ Staff recommendation: Council authorize staff to process the EI
Camino Real/Principal Avenue mixed use general plan amendment
project application. (Community Development)
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Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Hamish Marshall, applicant, spoke about the project and the difficulty of developing the
site. He reviewed the major issues for the project and stated it provides a different type
of housing for Atascadero. Mr. Marshall answered questions of Council.
Council Member O'Malley asked Mr. Marshall if he would be amenable to creating all
commercial retail on both sides of the building on EI Camino Real. Mr. Marshall
indicated that this project was not set in stone and they would be amenable to that
suggestion. Council Member O'Malley further asked if the applicant would consider
duplicating the EI Camino Real building on Principal Avenue and double the proposed
commercial on the site. Mr. Marshall stated they could look at doing that but he would
want to do the same layout as the other building, having retail commercial below, with
the housing that folds off the back.
Dan McGauley, Atascadero Firefighters Association, reiterated their concern with the
significant loss of commercial on this site.
Eric Greening agreed that this site was deep but felt there were potentially deep
commercial uses. He stated that offices would not provide enough revenue to the City
compared with commercial, and that there is no compelling reason to make this move at
this time.
Carol Florence, project planner, reminded Council that their decision places the onus on
the design team to bring a successful project to the applicant and community.
Mayor Luna closed the Public Comment period.
Council Member Clay indicated he would like to see a pocket park developed as part of
an assessment district. The applicant stated he would be happy to look at the entire
area and see what would be feasible.
Council Member O'Malley asked what percentage of commercial the applicant felt the
project could be increased to. Mr. Marshall indicated they could possibly go 30 to 35%.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to authorize staff to process the EI Camino Real/Principal
Avenue mixed use general plan amendment project with the
suggestions as heard tonight.
Mayor Luna asked staff to reiterate what they think the Council suggestions on this
project were. Director Frace stated staff had listed: double the commercial which would
include putting the commercial building along Principal, count the open space toward
the commercial area, and create a pocket park along the creek next to EI Camino Real.
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There was Council discussion of the proposed motion.
Mayor Pro Tem Scalise withdrew her motion.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to authorize staff to process the EI Camino
Real/Principal Avenue mixed use general plan amendment
project application amended to require 35% commercial on
this project as a minimum, wherever that is attainable, and
agree with the applicant to use the open space area along the
creek and EI Camino Real if he is able to turn that into a park,
and with the Tausig study included on all residential.
Motion passed 5:0 by a roll-call vote.
3. Morro Road Mixed-Use / GPA 2003-0005 / Zone Change 2003-0058
(CUP 2003-0104) (Rick Mathews)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. However, the commercial/retail
component of the project would likely offset some of the residential
fiscal impact.
■ Staff recommendation: Council authorize staff to process the project
application. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Rick Matthews, applicant, spoke about the property and how the project idea
developed. He stated this project has a lot of the good elements of mixed use, and that
he would be building the residential and commercial all together.
Mayor Luna closed the Public Comment period.
Motion: By Council Member O'Malley and seconded by Council
Member Clay to authorize staff to process the project
application with inclusion of Tausig study.
Motion passed 5:0 by a roll-call vote.
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C. PUBLIC HEARINGS:
1. Auto and Vehicle Dealerships Zoning Text Amendment Zone Change
2003-0077 (Community Redevelopment Agency)
■ Fiscal impact: The project would likely have a positive impact on City
revenues. As a general rule, sales tax revenues from automobile sales
exceed the cost of city services by the proposed use.
■ Planning Commission Recommends: Council introduce for first
reading, by title only, draft Ordinance A approving Zone Change 2003-
0077 based on findings.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
William Vega spoke about the type of cars he would be selling and how his business
would bring people from out of town seeking this type of vehicle. He thanked Council
for considering this option.
Rafael Granajo asked for clarification on what the Council was actually considering on
this item tonight.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to introduce for first reading, by title only, draft
Ordinance A approving Zone Change 2003-0077 based on
findings.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
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2. Single Family Planned Development ZCH 2003-0063 Master Plan of
Development (CUP 2003-0112), Vesting Tentative Tract Map 2003-
0037 — 1325 EI Camino Real (Gearhart)
■ 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.
■ Planning Commission recommendations: Council:
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2004-
0010; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0063 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0112) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0037, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. (Community Development)
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council
PUBLIC COMMENT
Kelly Gearhart, applicant, answered questions of Council
Bill Obermeyer stated his property borders this project and suggested a trail be required
along the corridor from the Home Depot to Del Rio Road as all that area will be
developed. He asked if fencing is being proposed for the back lots.
Mayor Luna closed the Public Comment period.
Council Member Pacas spoke on the subject of community benefits and made the
assumption that the applicant is getting 13 additional houses because he is preserving
the Colony Home. She suggested that this was quite a benefit for simply moving the
historic home and felt there could be leverage for including trails or a pocket park.
MOTION. By Council Member O'Malley and seconded by Council
Member Clay to adopt Resolution A certifying Mitigated
Negative Declaration 2004-0010; and, introduce for first
reading, by title only, draft Ordinance A approving Zone
Change 2003-0063 based on findings; and, adopt draft
Resolution B approving the Master Plan of Development (CUP
2003-0112) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and, adopt draft
Resolution C approving Vesting Tentative Tract Map 2003-0037
based on findings and subject to Conditions of Approval and
Mitigation Monitoring, with inclusion of the Tausig Study.
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Motion passed 4:1 by a roll-call vote. (Paces opposed) (Item
#C-2.1 Resolution No. 2004-040, Item #C-2.3 Resolution No.
2004-041, Item #C-2.4 Resolution No. 2004-042)
3. Amendment to the City of Atascadero Contract with the California
Public Employees' Retirement System (CalPERS)
■ Fiscal impact: The adoption of the contract amendment via resolution
and ordinance, will result in the following valuation changes to our
plan:
1) Change in the Present Value of Benefits $2,476,257
2) Change in the Unfunded Accrued Liability $1,992,363
3) Change in the Total Employer Rate 12.196%
■ Recommendations: ' Council:
1) Adopt the draft Resolution of Intention to amend the contract
between the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees' Retirement
System; and
2) Introduce for first reading by title only, the Draft Ordinance
authorizing an amendment to the contract between the City Council
of the City of Atascadero and the Board of Administration of the
California Public Employees' Retirement System. (City Manager)
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
PUBLIC COMMENT - None
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the draft Resolution of Intention to
amend the contract between the City Council of the City of
Atascadero and the Board of Administration of the California
Public Employees' Retirement System; and introduce for first
reading by title only, the Draft Ordinance authorizing an
amendment to the contract between the City Council of the
City of Atascadero and the Board of Administration of the
California Public Employees' Retirement System.
Motion passed 5:0 by a roll-call vote. (Item #C-3.1 Resolution
No. 2004-043)
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D. MANAGEMENT REPORTS:
1. Award Transit Services Contract
■ Fiscal impact: Transit services are funded in the Public Works-Transit
budget and paid with Transportation Development Act (TDA) monies
and Federal 5307 funds. No General Fun monies are required.
■ Recommendation: Authorize the City Manager to enter into an
agreement with Laidlaw Transit Services to provide driver services to
the City. (Public Works)
Public Works Technician Valerie Humphrey provided the staff report and answered
questions of Council.
PUBLIC COMMENT - None
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to authorize the City Manager to enter into an agreement
with Laidlaw Transit Services to provide driver services to the
City.
Motion passed 5.0 by a roll-call vote. (Contract No. 2004-012)
2. Atascadero Main Street Request for Council Liaison and
Concurrence on Sunken Garden's Vision
■ Fiscal impact: None. However if the Council directs work on the
Master Plan or other staff work, it would have a financial impact.
■ Recommendations: Council:
1) Take no action to appoint a liaison to Main Street; and
2) Reaffirm the City's intention to prepare a Master Plan for the
Sunken Gardens in fiscal year 2005-06 (City Manager).
Item #13-2.1: City Manager Wade McKinney gave the staff report and answered
questions of Council
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, feels this liaison position
could work very well as it does in Paso Robles, however, there is very good
communication between the Main Street Board of Directors and the City Council,
making this appointment unnecessary at this time.
Mayor Luna closed the Public Comment period.
No action was taken on this item.
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Approved June 8,2004
Item #D-2.2:
Council Member O'Malley stepped down from consideration of this item stating he owns
property located on East Mall, Lot 12, which is adjacent to the Sunken Gardens.
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, stated Main Street supports
doing something with the Sunken Garden and that it is now a priority for the Board of
Directors. He indicated the vision statement is the Board's attempt to let the City know
what they expect to see there in future. He advocated a series of public workshops with
Main Street as a big player in the process.
Susan Beatie, Main Street Design Committee, indicated that this is not a finished
product but something to start with. She commended the workshops held for the design
of Lake Park, and would like to see Main Street run public workshops on the Sunken
Gardens.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor Luna to
reaffirm the City's intention to prepare a Master Plan for the
Sunken Gardens in fiscal year 2005-06.
Motion passed 4:0 by a roll-call vote.
Council Member O'Malley rejoined the hearing.
E. COMMITTEE & LIAISON REPORTS:
Mayor Luna
1. County Mayor's Round Table: Met in Grover Beach where they have
constructed a very nice mixed-use project along Grande Avenue. They
discussed the Governor's compromise.
Council Member Pacas
1. Atascadero Youth Task Force: Saturday is Children's Day in the Park, at the
Lake Park.
CC Minutes 05/11/04
Page 17 of 18
Approved June 8,2004
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Clerk :
City Clerk Torgerson stated she is advertising for a youth representative for the
Parks and Recreation Commission. She asked for two Council representatives
to interview the recruits. Mayor Luna appointed himself and Council Member
Clay.
2. City Attorney:
City Attorney Hanley announced there was a recent league meeting for City
Attorneys, and that he would be serving a two-year term on the Board of Editors
of the Municipal Law Handbook. In addition he was honored at the City
Attorneys Luncheon for his unique contributions to the discourse of the group.
G. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:45 p.m. to the next regularly scheduled
meeting of the City Council on May 25, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
®raceucci, Deputy City Clerk
CC Minutes 05/11/04
Page 18 of 18
NOTICE OF SPECIAL CLOSED MEETING
ATASCADERO CITY COUNCIL
"NOTE SPECIAL LOCATION"
Wednesday, May 26, 2004
1 :30 P.M.
CLOSED SESSION
COUNCIL CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with legal counsel - Existing litigation
(Govt. Code Sec. 54956.9 (a))
1. Creeksorle Associates v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
NOTICE IS HEREBY GIVEN that on Wednesday, May 26, 2004 beginning at 1:30 p.m.,
the Atascadero City Council will meet in a Special Closed Meeting. Said meeting will be held at
the San Luis Obispo Superior Courthouse, Department #9, 1000 Monterey St., San Luis
Obispo, California. (Special meetings of City Council may be held outside the boundaries of
the territory over which the Council exercises jurisdiction, as per Govt. Code Section 54954 (b))
Dated this 21St day of May, 2004 r�&4u'L )lel E
Marcia McClure Torgerson, C. .C.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
MARCIA MCCLURE TORGERSON, C.M.C., being fully sworn, deposes, and says: That sho s the duly elected City
Clerk of the City of Atascadero and that on Friday, May 21,2004,she caused the above Notice to be posted on the doors of the
City Hall Annex,6905 El Camino Real,Atascadero,California.
MARCIA MCCLURE TORGERSON,C.MO�
City Clerk
City of Atascadero
Approved June 22,2004
SPECIAL CLOSED MEETING
ATASCADERO CITY COUNCIL
San Luis Obispo Superior Courthouse
1000 Monterey St., Department #9
San Luis Obispo, California.
Wednesday, May 265 2004
1 :30 P.M.
MINUTES
COUNCIL CLOSED SESSION:
Mayor Luna called the meeting to order at 1:30 p.m.
ROLL CALL:
Present: Council Members Clay, Pacas, Scalise and Mayor Luna
Council Member O'Malley announced that he was stepping down due to an interest in
real property that is too close.
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with legal counsel - Existing litigation
(Govt. Code Sec. 54956.9 (a))
1. Creekside Associates v. City of tascadero
3. Adjourn
Mayor Luna adjourned the meeting at 4:50 p.m.
4. CLOSED SESSION REPORT
The City Attorney announced that there was no reportable action taken.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.0
e�
City Clerk