HomeMy WebLinkAboutMinutes 082404 (2) 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.
moi= 19 CITY OF ATASCADERO
CITY COUNCIL
C
MINUTES
TUESDAY, August 24, 2004
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:30 p.m. and Council Member Clay 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: Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Fire Chief Kurt Stone, Acting Police Chief John
Couch, Deputy Community Development Director Steve McHarris,
Deputy Public Works Director Jeff van den Eikhof, Deputy Public
Works Director Geoff English, Redevelopment Specialist Marty
Tracey, Associate Planner Kelly Gleason and Interim City Attorney
Tom Gibson.
COMMUNITY FORUM:
Tom Gaddis, Pastor of Atascadero Four Square Church, shared some positive
comments he has heard about the City Council and led those present in a prayer.
Ann Ketcherside spoke about the new Carlton Hotel, the Creekside purchase and asked
the city to help a resident of Atascadero.
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Eric Greening informed Council of an upcoming meeting of the Anza Trail Advisory
Committee on Saturday, November 13th at Mission San Antonio de Padua.
Jamie Kirk spoke on behalf of her neighborhood regarding traffic on Atascadero Avenue
and asked Council to seek traffic calming suggestions for the area.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
Mayor Luna announced that Item #C-3 was placed on the agenda in error and is mute,
and Item #C-4 was covered at the Redevelopment Agency hearing earlier in the
evening and will be deleted.
Council Member O'Malley suggested moving Items #13-3 and C-2 up on the agenda to a
position immediately after the Consent Calendar.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the revised agenda.
Motion passed 5.0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay acknowledged Pat Nimmo who recently lost her life in a
pedestrian accident.
Council Member O'Malley apologized to anyone who has been unable to reach him,
and suggested using his city email or calling the City directly to contact him temporarily
while he is making earthquake renovations on his home.
Mayor Pro Tem Scalise announced that her appointment to the Planning Commission,
Grigger Jones, has resigned and she will be making a replacement appointment shortly.
She also discussed park reservation lots in the city and would like Council to look at the
issue and bring it back on a future agenda.
There was Council agreement to have the Interim City Attorney review the item to
determine if the policy now in place is legal and submit a report for a future agenda.
A. CONSENT CALENDAR:
1. City Council Special Closed Session Meeting Minutes —June 9. 2004
■ City Clerk recommendation: Council approve the City Council
minutes of the special closed session meeting of June 9, 2004. (City
Clerk)
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2. City Council Meeting Minutes —June 22, 2004
■ City Clerk recommendation: Council approve the City Council
minutes of the regular meeting of June 22, 2004. (City Clerk)
3. City Council Meeting Minutes —July 27, 2004
■ City Clerk recommendation: Council approve the City Council
minutes of the regular meeting of July 27, 2004. (City Clerk)
4. June 2004 Treasurer's Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for
June 2004. (City Treasurer)
5. July 2004 Accounts Payable and Payroll
■
Fiscal Impact: $1,620,892.12
■ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for July 2004. (Administrative Services)
6. Zone Code Text Amendment/Zone Change 2003-0042
Fiscal Impact: None
■ Recommendation: Council adopt on second reading, by title only, the
attached draft Ordinance, enacting Zone Change 2003-0042 enacting a Zone
Text Amendment related to multi-family and PD-3 development standards.
(Community Development)
7. Easement Acceptance-EI Camino Real and Santa Barbara Road (4-Way
W
■ Fiscal Impact: $260,000.00 from the Local Transportation Fund
■ Recommendation: Council accept the easement at the south east
corner of the intersection of EI Camino Real and Santa Barbara Road
for the placement of a 4-way stop. (Public Works)
8. Wastewater Pump Purchase
■ Fiscal Impact: $46,043.50
■ Recommendation: Council authorize the Public Works Department to
purchase one Fairbanks Morse 10" VTSH, 50 Horsepower Pump for
Wastewater Pumping Station No. 5, from Flo Systems Inc. (Public Works)
9. 2004-2005 Annual Overlay Program (Bid No. 2004-008)
■ Fiscal Impact:
■ Recommendation: Council:
1. Authorize the City Manager to execute an agreement with
Granite Construction Company in the amount of
$869,366.23 for construction of the 2004-2005 Annual
Overlay Program; and,
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2. Authorize the City Manager to execute a Contract Change
Order removing Curbaril Avenue from Highway 101 to
Atascadero Avenue from the project; and,
3. Authorize the Administrative Services Director to
appropriate an additional $70,000 in Local Transportation
Funds for the 2004-2005 Annual Overlay Program. (Public
Works)
10. Final Map 2004-0087 (Parcel Map AT 03-0383)(5760 Olmeda Ave. / Paul)
■
Fiscal Impact: None.
■ Recommendation: Council:
1. Accept Final Map 2004-0087 (Parcel Map AT 03-0383); and,
2. Reject offer of dedication for public utility purposes without
prejudice to future acceptance. (Public Works)
11. Final Map 2004-0070 (Parcel Map AT 03-0108) (5516 Tunitas/Beauwest)
■
Fiscal Impact: None
■ Recommendation: Council:
1. Accept Final Map 2004-0070 (Parcel Map AT 03-0108); and,
2. Authorize City Manager to execute Subdivision Improvement
Agreement. (Public Works)
12. Minor Streetscape Improvement Project - Sunken Gardens
(Bid No. 2004-010)
■ Fiscal Impact: None
■ Staff recommendation: Council receive the following report on the Minor
Streetscape Improvement Project— Sunken Gardens. (Public Works)
13.City Parking Lot
■ Fiscal Impact: None
■ Recommendation: Council receive the following report on the City Parking
Lot Project. (Public Works)
14.Atascadero Youth Recreation Center (Bid No. 2004-007)
■
Fiscal Impact: None
■ Recommendation: Council reject the bid received for the Atascadero Youth
Recreation Center. (Public Works)
15.Final Map 2004-0083 (Tract 2587) TTM 2003-0046 (8810 and 8850 Morro
Road (Gearhart/Wilson
■
Fiscal Impact: None
■ Recommendations: Council:
1. Accept Final Map 2004-0083 (Tract 2587); and,
2. Reject offers of dedication for Public Utility and Pedestrian Access
Easements without prejudice to future acceptance. (Public Works)
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16. Final Map 2004-0084 (Tract 2612) TTM 2004-0051) 7025-7065 Morro Road
(Gearhart/Wilson)
■ Fiscal Impact: None
■ Recommendations: Council:
1. Accept Final Map 2004-0084 (Tract 2612); and,
2. Accept the offer of dedication for Street Purposes; and,
3. Reject offers of dedication for Public Drainage and Public Utility
Easements without prejudice to future acceptance. (Public Works)
Consent Calendar items pulled: Items #A-7, 9, 13 and 14, Mayor Luna; Item #A-12,
Eric Greening.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Items #A-1, 2, 3, 4, 5, 6, 8, 10, 11, 15
and 16.
Motion passed 5:0 by a roll-call vote. (Pacas opposed Item #A-
15) (Item #A-6 Ordinance No. 457, Item #A-11 Contract No.
2004-022)
Item #A-7: Mayor Luna asked if there would be traffic lights at the intersection.
Community Development Director Warren Frace addressed the question.
MOTION: By Mayor Luna and seconded by Council Member Clay to
approve item #A-7.
Motion passed 5.0 by a roll-call vote.
Item #A-9: Mayor Luna asked for clarification on the revision to the numbers. Deputy
Public Works Director Jeff van den Eikhof explained the revised recommendations.
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. 2004-021)
Item #A-12: Eric Greening suggested mitigating any potential damage to the historic
character of the Sunken Gardens by moving the Maidens prior to any heavy equipment
coming into the area.
Mayor Luna closed the Public Comment period.
Administrative Services Director Rickard stated the city will be looking at the Maidens as
part of the process.
There was Council agreement that there had been consensus at the last meeting to
move the Maidens out of the Sunken Gardens prior to construction.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-12.
Motion passed 5.0 by a roll-call vote.
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Item #A-13: Mayor Luna stated that there has been some controversy on this item and
he wanted to give the public the opportunity to speak on it. Community Development
Director Warren Frace gave a brief report on this item and with Deputy Public Works
Director Jeff van den Eikhof answered questions of Council.
PUBLIC COMMENT
Muna Crystal, President of Atascadero Main Street Association, stated that Main Street
is comfortable with the process and the proposed parking lot.
Sue Bellas, property owner on Traffic Way, expressed her concerns that this will hurt
small businesses in the area.
Wendy, business owner on Entrada Avenue, stated her concerns with this project and
suggested Council appoint a team to look at parking in the downtown area.
Rafael Cornejo, property owner on Traffic Way, explained his concerns with this
proposal and suggested Council hire a consultant.
Nathan Doster, property and business owner on Entrada Avenue, stated his objections
to this proposal.
Ann Ketcherside spoke of her concerns with this proposal and stated it is not in the best
interest of the property owners and the community.
Mayor Luna closed the Public Comment period.
Motion: By Mayor Pro Tem Scalise and seconded by Council Member Clay
to direct staff to proceed with this with the condition that we have a
formalized memo with the Carlton reiterating our expectations as to
parking cooperation and needs of other...and valet and utilizing that
especially for overnight guests and that there is a discussion and
agreement with all those involved with trash and how we will
address that.
Mayor Luna stated he could not support the motion, and this must go back to staff to
concentrate on alleviating the concerns of business owners.
Council Member Clay withdrew his second.
Motion: By Mayor Luna and seconded by Council Member O'Malley to
send this item back to staff for more consultation with local
business owners, Main Street and the Chamber of Commerce
and that all of the neighboring property owners and business
occupants be notified.
Motion passed 5.0 by a roll-call vote.
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Item #A-14: Council Member O'Malley excused himself from Item #14 as he owns a
piece of property within 500 feet of this location. Mayor Luna stated he pulled this item
because the staff report talks about reducing costs, and he would like to know if there
would be public input on the reductions. Community Services Director Brady Cherry
addressed the concerns and explained the process.
There was Council discussion regarding this item.
Motion: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to reject the bid received for the Youth Center and that
staff take in all the conversation that Council had and then to
go back to the Parks and Recreation Commission.
Motion passed 4:0 by a roll-call vote.
Mayor Luna recessed the hearing at 9:16 p.m.
Mayor Luna called the meeting back to order at 9:22 p.m.
Council Member O'Malley rejoined the hearing.
B. PUBLIC HEARINGS:
3. Single Family Planned Development Zone Change 2003-0047, Master
Plan of Development (CUP 2003-0097, Tentative Parcel Map 2004-0061
(7500 Navaioa Ave. / Higgins)
■ 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: Planning Commission Recommends: Council:
1. Adopt draft Resolution A certifying Proposed Mitigated Negative
Declaration 2004-0021; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0047 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0097) based on finding sand subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Tentative Tract Map 2004-0061
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
Joe Elkins, applicant's representative, discussed the applicant's concerns and
answered questions of Council.
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Mayor Luna closed the Public Comment period.
Mayor Luna stated his position that large changes in an approved Master Plan of
Development should come back to Council for consideration.
MOTION: By Council Member O'Malley and seconded by Mayor Pro
Tem Scalise to adopt draft Resolution A certifying Proposed
Mitigated Negative Declaration 2004-0021; and, introduce for
first reading, by title only, draft Ordinance A approving Zone
Change 2003-0047 based on findings; and, adopt draft
Resolution B approving the Master Plan of Development (CUP
2003-0097) based on finding sand subject to Conditions of
Approval and Mitigation Monitoring; and, adopt draft
Resolution C approving Tentative Tract Map 2004-0061 based
on findings and subject to Conditions of Approval and
Mitigation Monitoring.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution Nos. 2004-065, 2004-066, 2004-067)
C. MANAGEMENT REPORTS:
2. Request from Applicant for Interpretation of Condition #42 of Tentative
Map TTM 2002-0014 (Gearhart)
■ Fiscal Impact: None
■ Recommendation: Council review request from Applicant for
Interpretation of Condition #42 of Tentative Map TTM 2002-0014
(Gearhart) (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Kelly Gearhart, applicant, explained his request and the reasons for it. Mr. Gearhart
answered questions of Council.
Nick Pert expressed his concerns with this project.
Larry Allen stated the applicant is using Ferrocaril for construction equipment.
Eric Greening raised several questions regarding the increased fees and their relation to
the Nacimiento water project.
Kent Canal expressed concern regarding the road use and bridge construction.
Glen Monk suggested that no permits be issued until the bridge is built.
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Joy Regala asked Council to uphold their prior decisions and wait until the bridge is
completed to issue permits.
Matt (no last name given) stated he agreed with the other residents who had spoken.
Mayor Luna closed the Public Comment period.
There was Council discussion and questions to staff.
Mayor Luna reopened the Public Comment period.
Mr. Gearhart, applicant, withdrew his request.
Chris Bell explained the history of truck usage on Ferrocaril.
Matt Petoric thanked the applicant for withdrawing his request and would like to see the
gate go back in.
Mayor Luna closed the Public Comment period.
Council Member Pacas asked if staff could look at the gate situation. Community
Development Director Frace stated staff would contact the applicant in the morning.
B. PUBLIC HEARINGS:
1. Title 8 Building Regulations Update
■ Fiscal Impact: None
■ Recommendation: Council introduce for first reading, by title only, draft
Ordinance A, approving amendments to Title 8 of the Atascadero
Municipal Code pertaining to Building Regulations. (Community
Development)
2. Title 4 Fire Code Regulations Update
■ Fiscal Impact: None
■ Recommendation: Council introduce for first reading, by title only, draft
Ordinance A, thereby amending Atascadero Municipal Code Title 4, Fire
Regulations. ( Fire Department)
Mayor Luna announced that Items #13-1 and B-2 would be considered together.
A joint staff report was given by Community Development Director Warren Frace, Fire
Chief Kurt Stone, Jack Collins (residential fire sprinkler systems) and Kent Forman (Title
8 Building Regulations).
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PUBLIC COMMENT
Roberta Fonzi expressed her concern with requiring sprinklers in existing building and
older homes.
Jamie Kirk stated her agreement with the previous speaker and suggested notifying
people not on the construction list so the public could participate in this issue.
MOTION: By Mayor Luna and seconded by Council Member Pacas to go
past 11:00 P.M.
Motion passed 3.2 by a roll-call vote. (Clay, O'Malley opposed)
Mayor Luna closed the Public Comment period.
There was Council discussion of the regulations update.
Motion: By Mayor Luna and seconded by Council Member Pacas to
introduce for first reading, by title only, draft Ordinance A, approving
amendments to Title 8 of the Atascadero Municipal Code pertaining
to Building Regulations.
Council Member Pacas withdrew her second.
MOTION: By Council Member Clay and seconded by Mayor Luna to
introduce for first reading, by title only, draft Ordinance A,
thereby amending Atascadero Municipal Code Title 4, Fire
Regulations with the following changes:
1. 4-7.104 (k) (a): eliminate "alteration and repairs."
2. 4-7.104 (k) (a) (iv): increase to 3,000 square feet.
Motion passed 5:0 by a roll-call vote.
Motion: By Council Member Clay and seconded by Mayor Luna to
introduce for first reading, by title only, draft Ordinance A,
approving amendments to Title 8 of the Atascadero Municipal
Code pertaining to Building Regulations with changes made in
the last title.
Motion passed 5:0 by a roll-call vote.
4. Vegetative Growth and/or Refuse Abatement
■ Fiscal Impact: No direct fiscal impact. The contractor costs for the 2004-
2005 weed / refuse abatement totals $15,890, with $39,725 recovered
through assessments.
■ Recommendation: Council adopt the draft Resolution, confirming the cost
of vegetative growth (weed) and/or refuse (rubbish) abatement. (Fire
Department)
Fire Chief Kurt Stone gave the staff report.
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PUBLIC COMMENT— None
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the draft Resolution, confirming the
cost of vegetative growth and/or refuse abatement.
Motion passed 5.0 by a roll call vote. (Resolution No. 2004-
0068)
5. Adoption of Title 12 - Code Enforcement Ordinance
■ Fiscal Impact: None
■ Recommendation: Council introduce for first reading, by title only, draft
Ordinance amending the Atascadero Municipal Code by adding Title 12 —
Code Enforcement and the Administrative Citation Program. (Fire
Department)
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
Mayor Pro Tem Scalise suggested that the compliance date be increased to 30 or 60
days unless there is a health and safety issue.
Council Member Clay stated he was not in favor of the 15 day limit unless there was a
heath or safety situation and that he did not like the $100,000.
PUBLIC COMMENT— None
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
introduce for first reading, by title only, draft Ordinance
amending the Atascadero Municipal Code by adding Title 12 —
Code Enforcement and the Administrative Citation Program,
and with the additional request that we get a report back in six
months after this is initiated to see how its going and with the
opportunity to modify the code at that time if Council is
concerned about the results.
Motion passed 3:2 by a roll-call vote. (Clay, Scalise opposed)
C. MANAGEMENT REPORTS:
1. Second Unit Amnesty Program
■ Fiscal Impact: Unknown.
■ Recommendation: Council adopt draft Resolution A approving an
amnesty program for second units that were constructed without permits.
(Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
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PUBLIC COMMENT
Bill Baumgarter asked about amnesty approval for an accessory structure on his
property.
Barbara Best stated she would like to see the amnesty program include accessory
buildings to bring them up to code.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
O'Malley to adopt the amended draft Resolution A approving
an amnesty program for second units that were constructed
without permits, and:
1. Add to number 4.: b. permitted accessory structures not
exceeding 1500 square feet, and
2. Add a number 8. to read, "Amnesty only applies to
construction prior to June 22nd and the program runs
through September 1, 2008."
Motion passed 5.0 by a roll-call vote. (Resolution No. 2004-
069)
3. Purchase of Parcel 3 of Parcel Map 85-225 (generally known as
"Creekside Lanes")
■ Fiscal Impact: $1,300,000 from reserves.
■ Recommendation: Council approve the purchase of the Parcel 3 of Parcel
Map no. 85-225 (generally known as "Creekside Lanes") and appropriate
$1,300,000 from reserves. (City Manager)
This item was deleted from the agenda.
4. Sunken Gardens Enhancement Project - Purchase of Light Poles and
Pavers
■ Fiscal Impact: Concrete Pavers-Air Vol Block $70,131.95 /Antique Street
Lights-California Electric Supply $36,725.00
■ Recommendation: Council authorize the purchase of decorative light
poles and concrete pavers for the Sunken Gardens Enhancement Project.
(Public Works)
This item was deleted from the agenda.
D. COMMITTEE & LIAISON REPORTS: None
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
Administrative Services Director Rickard stated that staff needs direction
on the General Plan amendment cycle. Community Development
Director Frace explained the issue and recommended putting the
amendments on the next Planning Commission agenda but continue
those two weeks, and then place them on Council's September 28th
agenda to be continued for two weeks.
There was Council consensus to approve staff's recommendation.
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 12:22 a.m. to then next regularly scheduled
meeting of the City Council on September 14, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Gra a Pucci, Deputy City Clerk
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