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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 leis � isis ('ADFgQ 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. CC Minutes 06/22/04 Page 1 of 16 Approved August 24,2004 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) CC Minutes 06/22/04 Page 2 of 16 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. CC Minutes 06/22/04 Page 3 of 16 Approved August 24,2004 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 CC Minutes 06/22/04 Page 4 of 16 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) CC Minutes 06/22/04 Page 5 of 16 Approved August 24,2004 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) CC Minutes 06/22/04 Page 6 of 16 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. CC Minutes 06/22/04 Page 7 of 16 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. CC Minutes 06/22/04 Page 8 of 16 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. CC Minutes 06/22/04 Page 9 of 16 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. CC Minutes 06/22/04 Page 10 of 16 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) CC Minutes 06/22/04 Page 11 of 16 Approved August 24,2004 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 CC Minutes 06/22/04 Page 12 of 16 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. CC Minutes 06/22/04 Page 13 of 16 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) CC Minutes 06/22/04 Page 14 of 16 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 CC Minutes 06/22/04 Page 15 of 16 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 CC Minutes 06/22/04 Page 16 of 16