HomeMy WebLinkAboutMinutes 062204 City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the
Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the
printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
Approved August 24,2004
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, JUNE 22, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
Mayor Luna announced that there would be a closed session of the City Council to
consider an emergency item regarding Police Chief Hegwood, (Gov't Code 54954.2)
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
go into closed session.
Motion passed 5:0 by a roll-call vote
C. COUNCIL CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
None
2. Call to Order
a. Personnel: Police Chief (Govt. Code Sec. 54954.2)
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
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Mayor Luna called the meeting to order at 7:03 and Council Member Pacas led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk / Assistant to the City Manager 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, Community Services Director
Brady Cherry, Deputy Public Works Director Geoff English, Acting
Police Chief John Couch, Fire Chief Kurt Stone, Redevelopment
Specialist Marty Tracey, Deputy Community Development Director
Steve McHarris, Associate Planner Kelly Gleason and City Attorney
Roy Hanley.
COMMUNITY FORUM:
Pastor John Marc Wiemann, Cornerstone Community Church, led those present in
prayer.
Marlene Curdaro gave a PowerPoint presentation about the Atascadero Performing Arts
Center Committee and distributed a handout to Council. (Exhibit A)
Eric Greening thanked City Attorney Roy Hanley for his years of service to the
Community. Mr. Greening also suggested as a matter of policy that the Community
Services Department and where applicable the Parks and Recreation Commission be
included in the early referral process when new projects are reviewed and before
conditions of approval and environmental determinations are completed.
Kevin Blaser expressed community concerns regarding Police Chief Hegwood, and
asked to have a thorough review of his actions, how he was selected as Police Chief,
and an evaluation of his performance as Chief.
Biz Steinberg, CEO for Economic Opportunity Commission, spoke about their
Community Action Plan for the coming year and distributed copies to Council. (Exhibit
B)
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Approved August 24,2004
Garland Chester spoke in support of the Police Chief's performance in office and stated
his concern that Chief Hegwood has not been given a chance to respond to the
allegations against him.
APPROVAL OF AGENDA:
MOTION: By Council Member Pacas and seconded by Council Member
Clay to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Recognition of Donn Clickard for his years of service and contribution
to the Atascadero School District.
Council Member O'Malley read the commendation and presented it to Mr. Clickard.
Mr. Clickard spoke about coming to Atascadero and thanked Council for the
presentation.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Luna stated this would be the last Council meeting with Roy Hanley serving as
City Attorney. He thanked Mr. Hanley for all of his hard work over the years and his
prompt response to questions.
Council Member O'Malley also thanked Mr. Hanley for always being available and
dedicated to the community.
Council Member Clay expressed his appreciation for Mr. Hanley's assistance.
Mayor Pro Tem Scalise thanked Mr. Hanley for what he had taught her.
Council Member Pacas thanked Mr. Hanley and hoped he would find something that he
enjoyed doing as much as the years he has dedicated to the City.
Council Member O'Malley spoke about League of California Cities and its State Policy
Committee on Community Services where topics regarding parks and recreation,
especially gender equity issues, were discussed.
Council Member Pacas spoke about involving the Parks and Recreation Commission
early on in the development process.
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Council Member Clay spoke about the Chamber of Commerce Mixer where the Fire
Department was recognized for putting out the fire at Miner's Hardware so quickly.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes— May 25, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of May 25, 2004. (City Clerk)
2. City Council Special Closed Meeting Minutes — May 26, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the special closed meeting of May 26, 2004. (City Clerk)
3. City Council Adjourned Meeting Minutes —June 1, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the adjourned meeting of June 1, 2004. (City Clerk)
4. May 2004 Accounts Payable and Payroll
■ Fiscal impact: Total expenditures for all funds is $1,232,593.72.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for May 2004. (Administrative
Services)
5. Final Map 2002-0037/Tract 2416/TTM 2001-0012/5080 Palma
(Gifford/Wilson)
■ Fiscal impact: None.
■ Recommendation: Council:
1. Accept Final Map 2002-0037 (Tract 2416); and,
2. Reject offers of dedication for public streets and public utility
easement without prejudice to future acceptance. (Public Works)
6. Final Map 2003-0067/Parcel Map AT 00-0068/TPM 2000-0003/5100
Cascabel (SafarianNolbrecht)
■ Fiscal impact: None.
■ Recommendation: Council:
1. Accept Final Map 2003-0067 (Parcel Map AT 00-68); and,
2. Reject the 20' Offer of Dedication for Public Purposes without
prejudice to future acceptance. (Public Works)
7. Santa Cruz Road Rehabilitation Project Drainage Easement and
Change Order Bid No. 2003-08
■ Fiscal impact: $576,430.
■ Recommendations: Council:
1. Authorize the Public Works Director to expend $20,000 for
acquiring a drainage easement;
2. Accept drainage easements on Parcel 2 of Parcel Map 23-68 and
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Approved August 24,2004
Parcel 13 of Parcel Map 54-43;
3. Authorize the City Manager to sign Change Order #1 for
$12,354.64 with Souza Constructions, Inc;
4. Authorize the City Manager to approve any additional change
orders up to 20% of the base bid, additive alternate #1 plus Change
Order #1; and
5. Authorize the Director of Administrative Services to appropriate an
additional $40,000 from Street and Bridge Impact Fee Fund.
(Public Works)
8. Pine Mountain Transfer of Development Rights
■ Recommendation: Council approve 8a, 8b, 8c and 8d
concurrently.
8a. Acceptance of Title to Pine Mountain Parcel General Plan
Amendment 2003-0009 (Gearhart/Molina)
■ 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. In addition, the retention of Pine
Mountain as additional undeveloped passive open space would
likely have a slight negative impact on City revenues.
■ Recommendation: Council adopt draft Resolution A thereby
accepting the deed of trust for parcel APN 028-231-003,
otherwise known as the Pine Mountain parcel. (Community
Development)
8b. Final Map 2004-0080/Tract 2591ITTM 2003-0045/Ferrocarril
Road (Gearhart/Wilson)
■ Fiscal impact: None.
■ Recommendations: Council:
1. Accept Final Map 2004-0080 (Tract 2591); and,
2. Reject offers of dedication for Public Utility, Emergency
Access and Public Drainage Easements without prejudice to
future acceptance. (Public Works)
8c. Final Map 2004-0081/Tract 2557/TTM 03-0041/8825 Coromar
Ave. (Graves Creek Estates/Wilson)
■ Fiscal impact: None.
■ Recommendations: Council:
1. Accept Final Map 2004-0081 (Tract 2557);
2. Accept offers of dedication for streets, emergency access
easement, and public utility easements; and,
3. Authorize City Manager to execute Subdivision
Improvement Agreement. (Public Works)
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8d. Final Map 2004-0082/Tract 2585/TTM 03-0042/3680 & 3700
Colima (Gearhart/Wilson)
■ Fiscal impact: None.
■ Recommendations: Council:
1. Accept Final Map 2004-0082 (Tract 2585);
2. Accept offers of dedication for public sewer easements;
3. Reject offers of dedication for public utility easements
without prejudice to future acceptance; and,
4. Authorize City Manager to execute Subdivision Improvement
Agreement. (Public Works)
9. Atascadero Creek- Sanitary Sewer Inverted Siphon Replacement
■ Fiscal impact: $275,470 from Wastewater Fund.
■ Recommendations: Council:
1. Authorize the City Manager to execute a contract with Cannon
Associates for $45,470 to provide engineering support services for
the Atascadero Creek-Sanitary Sewer Inverted Siphon
Replacement Project.
2. Authorize the Administrative Services Director to transfer $275,470
from the Wastewater Fund to the Public Works Department,
Wastewater Division Capital Outlay Fund for the Atascadero Creek
— Sanitary Sewer Inverted Siphon Replacement Project. (Public
Works)
10. Final Map 2004-0075/Tract 2498/TTM 2002-0020/805 EI Camino Real
(Gearhart/Wilson)
■ Fiscal impact: None.
■ Recommendations: Council:
1. Accept Final Map 2004-0075 (Tract 2498);
2. Reject offers of dedication for streets; the easements for public
drainage, sewer, slope and utility purposes; and the offer of
dedication of Lot 33 for irrevocable Public Open Space, Open
Space Habitat, Wildlife Migration Corridors, Recreation and Access
purposes, without prejudice to future acceptance; and
3. Authorize City Manager to execute Subdivision Improvement
Agreement. (Public Works)
11. Human Services Grants
■ Fiscal impact: The program is budgeted at $20,000.
■ Recommendation: Council approve Human Services Grants to the
Agencies and in the amounts recommended by the Finance
Committee in Attachment A. (City Manager)
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Approved August 24,2004
12. Progress Report Regarding Zone Change 2002-2003 Downtown
Commercial Zoning Text Amendment From Atascadero Main Street
■ Fiscal impact: None
■ Recommendation: Council receive Progress Report Regarding Zone
Change 2002-2003. (City Manager)
Consent Calendar Items pulled: Item #A-9, Mayor Pro Tem Scalise; Item #A-10, Mayor
Luna; Item #A-11, Eric Greening; Item #A-12, Council Member Pacas.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Items #A-1, 2, 3, 4, 5, 6, 7, and 8.
Motion passed 5.0 by a roll-call vote. (Item #A-8 Pacas
opposed) (Item #A-8a Resolution No. 2004-050, Item #A-8c
Contract No. 2004-015, Item #A-8d Contract No. 2004-016)
Item #A-9: Mayor Pro Tem Scalise questioned if this was being done as a precursor to
the Lewis Avenue Bridge. Mayor Luna questioned the feasibility of using the bridge
rather than going through the creek. Public Works Director Kahn addressed these
issues.
MOTION: By Mayor Luna and seconded by Council Member Clay to
approve Item #A-9.
Motion passed 5.0 by a roll-call vote. (Contract No. 2004-017)
Item #A-10: Mayor Luna stated there have been a number of construction problems in
the area of this project and wanted the public to be aware of the conditions. Community
Development Director Warren Frace explained the status of the project and Pubic
Works Director Steve Kahn spoke about the bridge and its status.
Kelly Gearhart, developer, updated the Council on the bridge project and stated he will
not start the houses until the bridge is complete.
Eric Greening stated that this project speaks to utilizing the Community Services
Department and Parks and Recreation Commission earlier in the process.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
approve Item #A-10.
Motion passed 5.0 by a roll-call vote. (Contract No. 2004-018)
Item #A-11: Eric Greening questioned whether the Finance Committee held a public
hearing for this item and if there were minutes and a record of how the decision was
made. Mayor Luna addressed Mr. Greening's question.
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Approved August 24,2004
MOTION: By Mayor Luna and seconded by Council Member O'Malley to
approve Item #A-11.
Motion passed 5:0 by a roll-call vote.
Item #A-12: Council Member Pacas pointed out that an unintended consequence of
this change has been that a major project came before Council to convert a great deal
of downtown property into offices and houses, and she doesn't like the way the change
would allow that to occur.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
approve Item #A-12.
Motion passed 5:0 by a roll-call vote.
George Molina thanked Council for approving the Pine Mountain project and presented
the deed to Pine Mountain to Mayor Luna and City Manager Wade McKinney.
B. PUBLIC HEARINGS:
1. General Plan Amendment 2004-0012/Zone Change 2004-0079:
Amendment of Second Residential Unit Regulations in Single-Family
Zoning Districts
■ Fiscal impact: The fiscal impact of the proposed changes have not
been analyzed and are unknown.
■ Planning Commission Recommendations: Council:
1. Adopt draft Resolution A approving General Plan Amendment
2004-0012; and,
2. Introduce for first reading by title only draft Ordinance A approving
Zone Change 2004-0079. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Raymond Jansen read a letter written by Lydia Kellerman who was unable to attend this
meeting giving her concerns regarding second units. Mr. Jansen stated on his own
behalf his feelings regarding second units and the need for affordable housing.
Joanne Main speaking on behalf of the Chamber of Commerce stated the Chamber's
support of allowing second units in Atascadero.
Richard Teeter spoke in support of allowing second units on smaller lots.
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Approved August 24,2004
David Buck-Moyer asked why there is not a requirement for the second unit to be owner
occupied and stated there should be an EIR to determine the impacts of second units.
Eric Greening urged the Council to require an EIR now at the policy level as this is
opening the entire city up to second units.
Joanne Sellingsloh raised several issues that point to the need for having second units.
Garland Chester spoke in favor of allowing second units even on smaller lots; however
he asked the Council to redefine what is considered a kitchen, and to reconsider the
fees charged for second units.
Doug Marks stated his support for second units to assist in family and elder care;
however, he feels further analysis is necessary to determine potential impacts.
John Goers stated he does not believe second units are appropriate for Atascadero at
this time, and is concerned about the negative impacts to the City in the long run.
Biz Steinberg, EOC, urged Council to listen to both sides, but stated second units
should be looked at as one of many ways to offer more options for affordable housing.
Cindy Sazer shared her negative experiences living next door to a second unit where
both homes on the property are rental units and suggested instead permitting
appropriate alterations to a single family residence when there is a relative in need.
Harry Mara suggested Council table this item until there is a complete and thorough
evaluation both fiscally and environmentally.
Diane Donnelly expressed her support for second units and for allowing 1250 square
feet.
Sid Bowen stated that before the General Plan update guest houses were allowed in
the City and he is in favor of allowing second units.
Robert Cardello stated his concern that more thought should go into this and more
study of the impacts to City.
Celia Bewley expressed her concern about the lack of restrictions on these units. She
asked about impacts to safety if units are allowed on steeply sloped lots.
Betty Miller asked Council to think about fire safety and tree removals and offered
several suggestions for second units.
Pam Heatherington stated it is up to Council to be sure second units are done in a
cohesive manner and encouraged some type of environmental assessment.
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Approved August 24,2004
Debra Landry stated that this needs further thought and public input and expressed
concern about emergency response if more units are added.
Edward Veek cautioned Council about putting too many restrictions on building second
units.
Ernie Porter spoke about wanting to build a second unit for his own retirement and to
allow his relatives to take care of him as he ages.
R.J. Brown asked Council to look favorably on this as a way to keep young people from
moving out of the area.
Kelly Gearhart was unsure how many people would be building this type of housing as it
is costly to build today, and the permitting process is time consuming. Mr. Gearhart
answered questions of Council.
Tony Woods stated that staff has done an excellent job on this issue backed up by a
strong building code and it should be voted on tonight.
Mayor Luna closed the Public Comment period.
Mayor Luna recessed the hearing at 10:00 p.m.
Mayor Luna called the meeting back to order at 10:07 p.m.
Mayor Luna asked Council Members for any changes they would like to make.
Council Members suggested changes to the wording of the ordinance. Those changes
with majority agreement were included in the motion.
Mayor Pro Tem Scalise read a letter by Will Marian into the Minutes.
MOTION: By Council Member O'Malley and seconded by Council Member
Clay to adopt the recommendation with the modification that
maximum floor area on lots less than 0.5 acres be limited to 800
square feet and lots of greater than 0.5 acres be limited to 1,000
square feet and with the other corrections that we discussed that
had majority agreement on.
Council Member Pacas stated she could support second units and an expansion where
they are allowed, but not city wide on any lot no matter the size or location, which she
believes is not what the majority of the people want. She stated that there has not been
enough additional study on this policy, that it has been poorly thought out, and that it is
a grave mistake to blanket the entire city with the same ordinance.
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Approved August 24,2004
Mayor Luna stated that a blanket citywide approval of second units is wrong without the
usual accompanying studies of impacts. He indicated this would increase the population
under the new general plan by 12,000 and will not make houses more affordable as
buyers must purchase two units instead of one. Mayor Luna said this is not smart
growth and density will be doubled in outlying areas where there is little infrastructure
and city services are expensive to deliver.
Mayor Luna called the question and asked for a roll-call.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to overrule the Chair and continue the
discussion.
Motion passed 3:2 by a roll-call vote. (Paces, Luna opposed)
Council Member Clay stated that people would like to have the option to do this, that it
will be costly and difficult, but would increase property values.
Council Member O'Malley suggested staff prepare an annual report on second units.
Community Development Director Frace stated he would see to it that a report is
generated.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt draft Resolution A approving General
Plan Amendment 2004-0012; and, Introduce for first reading by
title only draft Ordinance A approving Zone Change 2004-0079
with the modification that maximum floor area on lots less
than 0.5 acres be limited to 800 square feet and lots of greater
than 0.5 acres be limited to 1,000 square feet with the following
corrections that had majority agreement:
1. 9-5.020(g): Strike last sentence —
wide utility dGGF shall be PFGVidfad
2. 9-6.106(b)(3): Number of Structures. The number of
accessory structures requiring a building permit shall be
limited to two (2) structures not including agricultural
accessory structures.
3. 9-6.109: Eliminate (e), (f) and (g)(1) and (2).
4. Policy and Conditions for Registering Illegal Housing Units:
The City Council establishes a two-yeair fgmLygar period
beginning September 1, 2004 and ending Augustz;,2006
August 21,-M for property owners to register illegal
second units. Illegal second units that are not registered
during this period must be abated.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Resolution No. 2004-051)
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2. General Plan Amendment 2003-0010/Zone Change 2003-
0075/Amendment to Conditional Use Permit 2001-0047/Tentative
Tract Map 2004-0053 (Tract 2628)/Tree Removal Permit 2004-0049,
7257 Parriza Court (Gearhart/Wilson Land Surveys)
■ 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, recertifying Mitigated Negative Declaration
2003-0007;
2. Adopt Resolution B approving General Plan Amendment 2003-
0010 based on findings, changing the land use designation for
proposed Lot 1 of Tract 2628 from GC to HDR;
3. Introduce for first reading, by title only, draft Ordinance A,
approving Zone Change 2003-0075, based on findings, changing
the zoning district from CR (Commercial Retail to RMF-16
(Residential Multi-family, 16 dwelling units per acre) and extending
the PD-7 overlay over proposed Lot 1 of Tract 2628;
4. Adopt Resolution C, approving Amendment to Conditional Use
Permit 2001-0047 extending the Master Plan of Development over
Lot 1 of Tract 2628, subject to findings and conditions of approval;
5. Adopt Resolution D approving Tentative Tract Map 2004-0053
allowing for the adjustment of boundaries between Lots 10 and 6 of
Tract 2446 and recommending approval of TRP 2004-0049
allowing for the removal of one 48-inch, dbh, Valley Oak, subject to
mitigation, findings and conditions of approval. (Community
Development)
Community Development Director Warren Frace 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 Resolution A, recertifying Mitigated
Negative Declaration 2003-0007; adopt Resolution B approving
General Plan Amendment 2003-0010 based on findings,
changing the land use designation-for proposed Lot 1 of Tract
2628 from GC to HDR; introduce for first reading, by title only,
draft Ordinance A, approving Zone Change 2003-0075, based
on findings, changing the zoning district from CR (Commercial
Retail to RMF-16 (Residential Multi-family, 16 dwelling units
per acre) and extending the PD-7 overlay over proposed Lot 1
of Tract 2628; adopt Resolution C, approving Amendment to
Conditional Use Permit 2001-0047 extending the Master Plan of
Development over Lot 1 of Tract 2628, subject to findings and
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Approved August 24,2004
conditions of approval; adopt Resolution D approving
Tentative Tract Map 2004-0053 allowing for the adjustment of
boundaries between Lots 10 and 6 of Tract 2446 and
recommending approval of TRP 2004-0049 allowing for the
removal of one 48-inch, dbh, Valley Oak, subject to mitigation,
findings and conditions of approval.
Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Item
#B-2.1 Resolution No.2004-052, Item #B-2.2 Resolution No.
2004-053, Item #B-2.4 Resolution No. 2004-054, Item #B-2.5
Resolution No. 2004-055)
3. Morro Road Mixed-Use General Plan Amendment 2004-0013 Planned
Development Zone Code Text 2004-0081, Mixed-Use Planned
Development Zone Change 2004-0081, Master Plan of Development
(CUP 2004-0128) (8315 Morro Rd./Rick Mathews)
■ 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.
However, a condition has been added that the project utilize Taussig
study models to assess fiscal impacts on City services related to the
residential portion of the site, (Condition 18).
■ Planning Commission Recommendations: Council:
1. Adopt Resolution A certifying proposed Mitigated Negative
Declaration 2004-0015;
2. Adopt draft Resolution B approving General Plan Amendment
1004-0013 based on findings;
3. Introduce for first reading, by title only, draft Ordinance A approving
Zone Text Change 2004-0081 establishing a PD-22 overlay district
based on findings;
4. Introduce for first reading, by title only, draft Ordinance B approving
Zone Change 2004-0081 based on findings; and,
5. Adopt Resolution C approving Master Plan of Development (CUP
2004-0128) 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
MOTION. By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
Rick Mathews, applicant, stated it was his plan to build all of the development
concurrently.
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Approved August 24,2004
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
adopt Resolution A certifying proposed Mitigated Negative
Declaration 2004-0015; adopt draft Resolution B approving
General Plan Amendment 1004-0013 based on findings;
introduce for first reading, by title only, draft Ordinance A
approving Zone Text Change 2004-0081 establishing a PD-22
overlay district based on findings and adding a condition that
the permits for the commercial portion of the project must be
Issued prior to or concurrent with the issuance of the first
residential permit and that the commercial portion of the
project shall be finaled prior to or concurrent with the final of
the first residential permit to be consistent with the policy for
horizontal mixed use; introduce for first reading, by title only,
draft Ordinance B approving Zone Change 2004-0081 based on
findings; and, adopt Resolution C approving Master Plan of
Development (CUP 2004-0128) based on findings and subject
to Conditions of Approval and Mitigation Monitoring
Motion passed 5:0 by a roll-call vote. (Item #B-3.1 Resolution
No. 2004-056, Item #B-3.2 Resolution No. 2004-057, Item #13-3.5
Resolution No. 2004-058)
4. Placing Sewer Service Charges on the 2004-05 Property Tax Rolls
■ Fiscal impact: The City will bill $1,530,863 in sanitation service
charges for fiscal year 2004-05.
■ Recommendation: Council adopt the attached Resolution at the
conclusion of the Public Hearing. (Public Works)
Public Works Director Steve Kahn gave staff report.
MOTION: By Council Member Clay and seconded by Mayor Luna to
adopt the attached Resolution at the conclusion of the Public
Hearing.
Motion passed 5.0 by a roll-call vote. (Resolution No. 2004-059)
C. MANAGEMENT REPORTS:
1. New Fee Schedule
■ Fiscal impact: Increased revenue of approximately $35,000 annually.
■ Recommendation: Council adopt draft Resolution establishing a
schedule of fees and charges for City Services. (Administrative
Services)
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Approved August 24,2004
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
There was Council consensus to change Ret# 4-126 on page 235 from Planning
Review to Planning Department Check.
Mayor Pro Tem Scalise stated she doesn't like sliding in new fees especially late at
night when no public is in attendance.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt draft Resolution establishing a schedule
of fees and charges for City Services.
Motion passed 4:1 by a roll-call vote. (Scalise opposed)
(Resolution No. 2004-060)
D. COMMITTEE & LIAISON REPORTS:
Council Member O'Malley
1. Air Pollution Control District (APCD): revisiting backyard burning countywide.
2. League of California Cities - Grassroots Network: went to policy committee
meeting in Sacramento. He requested handouts on model projects statewide
which he will distribute.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Luna questioned if second units could have fireplaces. Community
Development Director Frace stated there was no restriction against fireplaces.
City Manager
City Manager Wade McKinney passed out a flyer from the local coalition
regarding the State Budget. He requested Council make calls to local legislators.
Additionally, the City has retained Mr. Tom Gibson of Best, Best and Kreiger as
interim city attorney.
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:19 p.m. to the next regularly scheduled
meeting of the City Council on July 27, 2004
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Approved August 24,2004
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A- Marlene Curdaro, Flyer on Atascadero Performing Arts Center
Exhibit B- Biz Steinberg, EOC Community Action Plan
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