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HomeMy WebLinkAboutMinutes 051104 Approved June 8,2004 WA � �e 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) CC Minutes 05/11/04 Page 1 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 2 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 3 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 4 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 5 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 6 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 7 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 8 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 9 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 10 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 11 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 12 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 13 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 14 of 18 Approved June 8,2004 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) CC Minutes 05/11/04 Page 15 of 18 Approved June 8,2004 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. CC Minutes 05/11/04 Page 16 of 18 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