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Home My WebLink AboutAgenda Packet 07/08/2003 e' '. Iola' ■' 1 CITY OF A TASCADERO CITY COUNCIL AGENDA TUESDAY, JULY 812003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: The Printery, 6361 Olmeda Ave. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Pacas 1 ROLL CALL: Mayor Clay Mayor Pro Tem Luna Council Member Scalise Council Member O'Malley Council Member Pacas INTRODUCTIONS: COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda.The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Minutes June 10, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of June 10, 2003. [City Clerk] 2. Zone Change 2002-0034 6205 San Gabriel Road - (Rancho De Paraiso, L.L.C. /Wilson Land Surveys -Russ Thompson Consulting) 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 dwelling. • Staff recommendation: Council adopt on second reading, by title only, the attached draft Ordinance enacting Zone Change 2002-0034, changing the zoning district of the subject site from RS to RS/PD-16. [Community Development] 2 B. PUBLIC HEARINGS: 1. Downtown Parking & Business Improvement Area Confirmation of Annual Assessment— Fiscal Year 2003-04 ■ Fiscal impact: $10,500 from Downtown Parking &Business Improvement Area Fund. ■ Staff recommendation: Council adopt the Draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (FY 2003-04). [City Manager] 2. Sewer Services Fees Placement on Property Takes ■ Fiscal impact: Revenue of$1,491,414.96 in sanitation service charges(FY 2003-04). • Staff recommendation: Council adopt the draft Resolution adopting service charges to be added to the 2003-04 property tax rolls. [Public Works] C. MANAGEMENT REPORTS: 1. Designation of Voting Delegate - League of California Cities' Annual Conference • Fiscal impact: None. ■ Staff recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities'Annual Conference in September 2003, and direct the City Clerk to inform the League of the designation. [City Clerk] • D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor Clay 1. Water Committees 2. County Mayor's Round Table Mayor Pro Tem Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commission (LAFCO) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) Council Member O'Malley 1. Finance Committee 2. City/Schools Committee 3. Air Pollution Control District(APCD) 4. League of California Cities-Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas • 1. City/Schools Committee 2. Atascadero Youth Task Force 3 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. 1, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the July 8, 2003 Regular Session of the Atascadero City Council was posted on July 1, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 1 rt day of July 2003 at Atascadero, California. db e 0 Cheryl DeJo g, Dep ity Cle k City of Atascadero • 4 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., in the Council Chamber of City Hall. 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 (Room 311) and are available for public inspection during City Hall business flours 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, (805) 461- 5010, or the City Clerk's Office, (805) 461-5074. 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 • 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. 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 Form (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. 5 ITEM NUMBER: A-1 DATE: 07/08/2003 r9-18 X M9 CITY OF A TASCADERO CITY COUNCIL DRAFT MINUTES TUESDAY, JUNE 10, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION Del Knight, Board Member Masonic Temple, explained the history of the Mason's ownership of the Printery. He asked the Council to return the Printery to the Mason's with the understanding that they will trade the property to a contractor for a new building for the Masons. The contractor will guarantee the preservation of the Printery. Mayor Clay closed the Public Comment period. 2. Call to Order a. Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: The Printery, 6361 Olmeda Ave. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action. CC 06/10/03 Page 1 6 REGULAR SESSION: Mayor Clay called the meeting to order at 7:07 p.m. and Council Member Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Information Technology Director Andrew Fruin, Redevelopment Specialist John Jansons, Police Chief Dennis Hegwood, Fire Chief Kurt Stone, Senior Accountant Jeri Rangel, and City Attorney Roy Hanley. COMMUNITY FORUM: Tom Ferrell, Pastor of Atascadero Bible Church, invited the Council to pray with him. Richard Hill, 8400 San Gabriel Road, introduced his mother and spoke about his grievance with the City of Atascadero. Mr. Hill declared his independence from the governments of Atascadero, San Luis Obispo County and the State of California and - stated he expected to lose everything he owns by this action including his life. He gave the City 96 hours to negotiate with him or a "state of war" would exist. Mayor Clay closed the Community Forum period. APPROVAL OF AGENDA: Motion: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Clay announced that Jonelle Norton would be leaving Atascadero Main Street. A gathering in her honor was being held this evening. CC 06/10/03 Page 2 7 Council Member O'Malley asked for an update on the Carlton Hotel. City Manager McKinney stated that the sign originally on the building would be refurbished and replaced. A. CONSENT CALENDAR: 1. City Council Minutes — May 13, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of May 13, 2003. [City Clerk] 2. City Council Minutes — May 27, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of May 27, 2003. [City Clerk] 3. Human Services Grants ■ Fiscal impact: The program is budgeted at$20,000. ■ Staff recommendation: Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. [City Manager] 4. April Disbursements — April 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,078,596.73 • Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for April 2003. [Administrative Services] 5. Sponsorship Agreement with the California Conservation Corps ■ Fiscal impact: Federal Transportation Enhancement (TE) funding has been allocated for the Atascadero Lake Pathway Improvement project and will be used to cover the costs associated with this Sponsorship Agreement. ■ Staff recommendation: Council authorize the City Manager to execute a Sponsorship Agreement between the City of Atascadero and the California Conservation Corps. [Public Works] 6. Hot El Camino Nite Road Closure ■ Fiscal impact: None. ■ City Clerk recommendation: Council approve the draft Resolution authorizing the closure of EI Camino Real from Rosario to Curbaril on Friday, August 15, 2003 from 6:30 p.m. until 8:30 p.m. [Community Services] 7. El Camino Real Downtown Improvement Proiect — Contract Award — Bid No. 2003-001 ■ Fiscal impact: $590,082.65, per original bid. Anticipated additional funds will be allocated to the project as part of the 2003-2005 budget process. ■ Staff recommendation: Council authorize the City Manager to execute an agreement with R. Burke Corporation for construction of the EI Camino Real Downtown Improvement Project. [Public Works] 8. Weed Abatement — Contract Award Amendment ■ Fiscal impact: None. Funds are budgeted annually to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. ■ Staff recommendation: Council authorize the City Manager to execute the contract with Jack R. Bridwell for weed abatement. [Fire Department] CC 06/10/03 Page 3 8 MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve Items #A-1 through 8. Motion passed 5:0 by a roll-call vote. (item #A-5 Contract No. 2003-020, Item #A-6 Resolution No. 2003-024, Item #A-7 Contract No. 2003-021, Item #A-8 Contract No. 2003-022) B. PUBLIC HEARINGS: 1. Appeal Planning Commission Approval of Conditional Use Permit 2002-0085 - Santa Ysabel Mixed-Use Infill Development - Appeal 2003-0002 ■ 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 dwelling. ■ Staff recommendation: City Council refer the project back to staff to prepare a General Plan Amendment utilizing a City reserved cycle and Planned Development Amendment that would allow one single-family dwelling unit and preservation of a 52- inch native oak tree. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Joan O'Keefe, Appellant, gave a brief history of the project and stated that she, as a Planning Commissioner, had voted against the apartments as she could not make the finding for the Conditional Use Permit that the project was consistent with the existing neighborhood. Mrs. O'Keefe stated her concerns regarding non-notification of neighbors within the planned development and the condition of the tree on the property. She requested Council, if it is decided that the tree should remain, to condition the project with a tree mitigation deposit for a least two years, which would cover the value of the tree if it dies plus the cost of removing it. Mrs. O'Keefe also discussed her concerns with the footprint of the house and the placement of the driveway. Kelly Gearhart, project applicant, stated he is in support of the staff recommendation, and that the lot was slated for development from the inception of the project. He apologized to the homeowners for stating at the Planning Commission meeting that they had been notified, it was a mistake on his realtor's part. Mr. Gearhart stated he would like to construct a single-family home on the site to make it compatible with the neighborhood, however the zoning ordinance would not allow for it. He is in favor of removing the oak tree as its condition has made it a hazard. Jerry Pickard indicated he speaks for the neighbors present at the meeting tonight by expressing his support for the construction of a single-family home. CC 06/10/03 Page 4 9 Eric Greening commended the Council for appointing Joan O'Keefe as a Planning Commissioner as she has demonstrated her ability to find a solution to this issue that is consistent with the neighborhood and gives the developer the right to build something on his property. He urged the Council to follow Mrs. O'Keefe's suggestion regarding the tree on the site, to approve a single-family residence and to go forward with the General Plan amendment cycle. Sigrit Morghen stated that she was not notified of this project when she purchased her property. She is hopeful the Council will approve a single-family residence rather than an apartment complex. She stated her concerns over the usage of heavy equipment on the access road and felt the homeowners should not be responsible for any damage caused by that equipment. Kelly Gearhart indicated that the project would proceed correctly and if there were damage to the road he would repair it. Mayor Clay closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to refer this item back to staff to prepare a General Plan amendment utilizing the City's reserve cycle and to bring it back in the summertime for the amendment with whatever else needs to be done at that time, and that the road will be brought back to the condition it was in at the start of the project, and to remove the tree. Motion passed 5:0 by a roll-call vote. 2. Zone Change 2002-0023 Downtown Commercial Zoning Text Amendment - (City of Atascadero/Atascadero Main Street, Inc.) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, office use requires services that exceed the revenue generated by the proposed uses. ■ Planning Commission recommendation: Council introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0023 based on findings. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Mary Chastain, Atascadero Main Street, explained how the Design Committee would manage non-retail applicants if the Council adopts this Zone Change. Joan O'Keefe explained that the Planning Commission was concerned that Main Street might feel pressured to approve applications that might not meet the criteria, therefore, if there is a question or dispute, it would be referred to Planning Staff to ensure that the criteria is met. CC 06/10/03 Page 5 10 Bob Wilkins, Board Member of Main Street Committee, urged the Council to approve this Zone Change. Eric Greening explained the reasons he is cautiously supportive of this Zone Change. Gregor Vadim, Main Street Design Committee, stated he feels that allowing non-retail in the Downtown on an interim basis will increase foot-traffic in the Downtown. Bob Wilkins stated that the Economic Development and Design Committees have been concerned over the appearance of the downtown and are working toward arranging funding for facade improvements. Excellent headway has been made and he asked for Council support to keep that momentum going. Janie Horowitz said she would not go to a Downtown that had primarily office space and few stores. Steve LaSalle expressed doubts that allowing non-retail in the Downtown will improve foot traffic. Wendy Richardson, downtown business owner, expressed her concerns with non-retail businesses in the Downtown. Barbara Combs, downtown business owner and Co-chair of the Main Street Design Committee, stated she is supportive of helping downtown businesses. She expressed concern regarding the lack of restaurants and retail businesses surrounding the park and would like to see the vacant lots protected for retail/restaurant development in the future. Eric Greening pointed out that a category that does not really fit "business and vocational school' but could potentially be a real boost to the downtown, would be businesses offering specialized classes such as karate, etc. Bob Wilkins explained that Main Street is attempting to fill the smaller buildings that do not lend themselves to retail, not the vacant lots in the downtown. Lon Allan stated he was on the original steering committee that formulated the downtown plan and that he is against this change. He suggested a change to the broadcast services category adding either newspaper office or printing services. Janie Horowitz commented that she does not see the rental listings for downtown buildings published in local newspapers. Mayor Clay closed the Public Comment period. Council Member Scalise indicated that she is in favor of the proposed change and felt the convincing argument is the example set by Paso Robles Main Street. She commended the Main Street committee members who have brought this issue forward. CC 06/10/03 Page 6 11 Mayor Pro Tem Luna suggested this issue be tabled until the downtown improvements and the Carlton Hotel are finished. He felt the revitalization of the downtown is just beginning and it would be a mistake to give up on the vision contained within the downtown plan. Council Member O'Malley felt there was unanimous agreement on the long-term vision for the downtown, however the question remains how to get there from here. He feels strongly that the Council should look toward market forces that will adapt to changes not previously anticipated. Council Member O'Malley expressed his support for the Main Street volunteers and the outstanding job they have done. Council Member Pacas commented that she was not supportive of the original change to the zoning in July 2000. At this time she does not believe that the way the zone change is written is good, and though supportive of the ideas of Main Street, she does not feel this change has been thought out well enough. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0023 and that Main Street report on this change to the Council in 18 months. Motion failed 2:3 by a roll-call vote. (Luna, Pacas, Clay opposed) MOTION: By Mayor Pro Tem Luna and seconded by Council Member Pacas to table the item. Motion failed 2:3 by a roll-call vote. (Clay, O'Malley, Scalise opposed) MOTION: By Mayor Pro Tem Luna to continue the item to August 12, 2003 to allow the City Attorney to address the concerns of the single story versus the second story and the periodic review of the ordinance. Motion failed for lack of a second. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0023 and that Main Street come back to report on their progress in 12 months. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) Mayor Clay recessed the hearing at 9:05 p.m. Mayor Clay called the meeting back to order at 9:15 p.m. CC 06/10/03 Page 7 12 3. Operating Budget 2003-2005 ■ Fiscal impact: $25,433,465 (FY2003-04), $22,070,070 (FY 2004-05) ■ Staff recommendation: City Council: 1. Adopt Draft Resolution for Budgets for the 2003-2004 and the 2004-2005 fiscal years and delegate to the City Manager the authority to implement same; 2. Adopt Draft Resolution Amending 2002-2003 fiscal year budget; and 3. Adopt Draft Resolution for the fiscal year 2003-2004 Annual Spending Limit. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council PUBLIC COMMENT Eric Greening asked for clarification on Transit entries in the proposed budget. Jonni Biaginni, SLO County VCB, thanked the Council for their support. She asked the Council to continue supporting the VCB. Mayor Clay closed the Public Comment period. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to adopt Draft Budget Resolution for the 2003-2004 and the 2004-2005 fiscal years and delegate to the City Manager the authority to implement the same; adopt Draft Resolution amending 2002-2003 fiscal year budget; and adopt Draft Resolution for the fiscal year 2003-2004 Annual Spending Limit. Motion passed 5:0 by a roll-call vote. (Item #B-3.1 Resolution No. 2003-025, Item #B-3.2 Resolution No. 2003-026, Item #B- 3.3 Resolution No. 2003-027) C. COMMITTEE & LIAISON REPORTS: Mayor Clay 1. County Mayor's Round Table: Discussed the State budget problems and how they are changing. Mayor Pro Tem Luna 1. Finance Committee: Discussed the Budget and Human Resources Grants. Council Member Scalise 1. Atascadero State Hospital Advisory Board: Governor Davis appointed Council Member Scalise to the Atascadero Advisory Committee. 2. Local Agency Formation Commission (LAFCO): Met and selected Council Member Scalise to represent Atascadero. CC 06/10/03 Page 8 13 Council Member O'Malley 1. Finance Committee: Thanked Joan O'Keefe for her input to the Finance Committee and for her work on the Planning Commission. 2. League of California Cities - Grassroots Network: Council Member O'Malley committed to this group by directing staff to deduct 10% of his paycheck as a Council Member and direct it toward the League of California Cities Grassroots Network. He encouraged other Council Members to do the same. 3. Economic Vitality Corporation, Board of Directors (EVC): Had annual event and topic was "Economic Gardening," which dealt with supporting growth of the businesses community. Local businesses participated in the presentation. D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council There was Council consensus to direct staff to bring back information to Council concerning Chamber, Main Street and VCB services vs. City contributions. E. ADJOURNMENT: Mayor Clay adjourned the meeting at 9:55 p.m. to the next regularly scheduled meeting on June 24, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk CC 06/10/03 Page 9 14 ITEM NUMBER: A-2 DATE: 07/08/2003 I Isis e Atascadero City Council Staff Report - Community Development Department Zone Change 2002-0034 6205 San Gabriel Road (Rancho De Paraiso, L.L.C. / Wilson Land Surveys - Russ Thompson Consulting) RECOMMENDATION: Council adopt on second reading, by title only, the attached draft Ordinance enacting Zone Change 2002-0034, changing the zoning district of the subject site from RS to RS/PD-16. DISCUSSION: The proposed project consists of Planned Development Zone Change to PD-16 with a Master Plan of Development to allow a 2 lot Planned Development subdivision. The two-lot subdivision would normally be allowed with just a parcel map to create two four- acre lots. However, one of the lots would be bisected by San Gabriel Road, which is contrary to the City's goal of orderly subdivision patterns. The planned development allows lot sizes that are smaller than what is allowed in the underlying zoning district, however the overall density of the site will be required to be consistent with the parcels' General Plan designation. The project will result in one lot at 1.09-acres and one lot at 7.03-acres. The project includes the dedication of 1.85 net acres of open space and tree preservation easement to be added to the existing 0.52-acre easement. The project site is in a rural setting surrounded by single-family residences on large lots. The site is not currently developed, however an existing private driveway with a recorded ingress/egress easement for the benefit of interior parcels is located on parcel 2, which occurs on the west side of San Gabriel Road. Water services are available to the site currently and the site will be served by individual septic systems. The project is consistent with the General Plan Land Use designation and requires a Planned Development Overlay for zoning consistency. On June 24, 2003, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City from RS to RS/PD-16. The zone change will 16 ITEM NUMBER: A-2 DATE: 07/08/2003 amend the Official Zoning Map and allow for the construction of a 2-unit Planned Development project with a dedication of 1.85 acres of open space and tree preservation easement. There were no changes made by the City Council to the Ordinance during its first reading and it is ready for final adoption as attached. 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 dwelling. ATTACHMENTS: Draft Ordinance 17 ITEM NUMBER: A-2 DATE: 07/08/2003 ATTACHMENT 1: Draft Ordinance DRAFT ORDINANCE A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2002-0034 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 054-192-0019 054-111-0519 AND A PORTION OF 054- 181-0069 FROM RS (RESIDENTIAL SUBURBAN) TO RS /PD-16 (RESIDENTIAL SUBURBAN WITH A PD-16 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT (6205 San Gabriel Road /APN 054-192-001, 054-111-051, and a portion of 054-181-006/ Rancho De Paraiso, LLC.) WHEREAS, an application has been received from Wilson Land Surveys (7600 Road, Atascadero, CA 93422) Applicant, and Rancho De Paraiso LLC (6250 San Gabriel Road, Atascadero, CA 93422) Property Owner, to allow a zone change from RS (Residential Suburban— minimum lot size 2 '/z to 10 acres) to RS /PD-16 (Residential Suburban- minimum lot size: 2 '/z to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-lot residential Tentative Tract Map on APN 054-192-001, 054-111- 051, and a portion of 054-181-006; and, WHEREAS, the site's General Plan Designation is Residential Estates (RE); and, WHEREAS, the site's current zoning district is Residential Suburban(RS); with a minimum lot size of 2 '/2 to 10 acres); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed public hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, 18 ITEM NUMBER: A-2 DATE: 07/08/2003 WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on May 20, 2003, studied and considered Zone Change 2002-0034 after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a public hearing held on June 24, 2003, studied and considered Zone Change 2002-0034 after first studying and considering the Proposed Mitigated Negative Declaration and Planning Commission recommendation prepared for the project, and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-16 Planned Development Overlay District. The City Council finds as follows: a) Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. b) Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. d) Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on June 24, 2003 resolved to introduce for first reading an ordinance that would rezone the subject site consistent with the following: a) Exhibit A: Zone Change Map 19 ITEM NUMBER: A-2 DATE: 07/08/2003 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 20 ITEM NUMBER: A-2 DATE: 07/08/2003 Exhibit A; Proposed Zoning Map ZCH 2002-0034 Project Site: 6205 San Gabriel Road GP: Residential Estates(RE) Current Zoning: Residential Suburban(RS) Proposed New Zone District: RS/PD16 N N act SH AW PVK QQ� VHi New Zoning: RS/PD 16 I Is Project Site: One Parcel Divided By San Gabriel Road v:.N ... Surrounded By Residential Suburban V- RS) Zoning ....... Vol 21 ITEM NUMBER: B -1 DATE: 07/08/2003 r f918� �' Y•979 Atascadero City Council Staff Report - City Manager's Office Downtown Parking & Business Improvement Area (FY 2003-04) Confirmation of Annual Assessment RECOMMENDATION: Council adopt the draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (fiscal year 2003-04). DISCUSSION: Background: The City of Atascadero established a Downtown Parking and Business Improvement Area (BIA) in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or maintenance of parking facilities, decoration of public places, promotion of public events, and general promotion of business activities in the downtown area. The formation and operation of a Business Improvement Area is governed by the California Streets & Highways Code (Section 36500 et. Seq.) Historically, the budget for the Business Improvement Area is submitted in conjunction with the City's annual budget. In 2001, the Council confirmed the annual assessment for downtown Parking & Business Improvement Are and contracted with Atascadero Main St., Inc. to administer the Parking and Business Improvement Area funds for downtown improvement activities and events. Atascadero Main Street received $9,500 for fiscal year 2001- 2002. In 2002, the Council reconfirmed the annual assessment for downtown Parking & Business Improvement Are and contracted with Atascadero Main St., Inc. to administer the Parking and Business Improvement Area funds for downtown improvement activities and events. Atascadero Main Street received $10,500 for fiscal year 2002- 2003. 22 ITEM NUMBER: B -1 DATE: 07/08/2003 Analysis: The Streets & Highways Code requires that the "advisory board" provide a report to the City Council annually for the expenditure of funds derived from the assessment paid by businesses in the downtown area. The Business Improvement Association Board of Directors was dissolved last year and the new Atascadero Main Street organization Board of Directors has taken its place. The report (Attachment 1) identifies the proposed improvements and activities for the area, based upon the National Main Street Program's four-point approach. The report does not propose any changes to the area. The Downtown Parking and Business Improvement Area assessments collected by the city are approximately $10,500 annually in revenue. The recommended action would confirm the assessment and collection of these funds for downtown revitalization activities for 2003-2004. City Code Section 3-11.09 permits the City to enter into an agreement with an agency to expend area revenues consistent with City regulations. The City of Atascadero contracts with Atascadero Main Street, Inc. to expend the BIA funds received by the City. The Atascadero Main Street Board of Directors is proposing expenditure of the BIA funds for 2003-04 (Attachment 2) as follows: BIA Funds available for 2003-2004 $10,500 Carryover from 2002-2003 $ 1,500 Total Proposed Funding Available $12,000 2003-2004 Proposed Expenditures: 4th of July in Sunken Garden $1,500 Hot EI Camino Nights $ 800 Fall Promotion (Colony Days & Halloween) $1,200 Winter Wonderland Street Fair $3,000 Sweetheart Stroll (Valentine's Day) $1,200 Pet Parade $1,000 Eggstravaganza (Easter Egg Hunt) $2,000 Spring Sale $ 250 Clean-Up Days (Spring and Fall) $1,000 Total Proposed Expenditures for 2003-04 $11,950 Fund Residual $ 50 The City Council adopted a Resolution of Intention on June 24, 2003 setting the required public hearing for July 8, 2003 to receive public comment prior to the assessment being confirmed. Following the public hearing, the Council can adopt a Resolution (Attachment 3) confirming the report as originally filed or as changed by the Council. Adoption of the resolution constitutes the levying of the assessment. 23 ITEM NUMBER: B -1 DATE: 07/08/2003 FISCAL IMPACT: Allocate $10,500 of the estimated annual receipts of $10,500 from the Downtown Parking and Business Improvement Area fund to Atascadero Main Street, Inc. for 2003- 2004. ALTERNATIVES: 1. The City Council may not confirm the resolution to levy the assessment. 2. The City Council may grant Atascadero Main Street, Inc. the Downtown Parking and Business Improvement Area assessment funds in an amount different than recommended. 3. The City Council may not grant Atascadero Main Street,-Inc. Downtown Parking and Business Improvement Area assessment funds. Alternatives 1, 2 and 3 are not recommended because planned downtown revitalization efforts would be reduced or eliminated. ATTACHMENTS: 1. Parking and Business Improvement Area Report 2. Proposed Expenditures 03/04 3. Draft Resolution s 24 Attachment 1 City of Atascadero Downtown Parking and Business Improvement Area Annual Report Fiscal Year 2003-04 The California Streets and Highways Code Section 36533 requires the preparation of a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities of the Improvement Area. The report may propose changes, including, but not limited to, the boundaries of the parking and business improvement area or any benefit zones within the area, the basis and method of levying the assessments, and any changes in the classification of businesses. There are no boundary changes proposed. The boundaries are more specifically described as follows: From the South corner of Morro Road at the Highway 101 over-crossing then in the generally northwest direction immediately adjacent to Highway 101, to a point, at the intersection of El Camino Real and Rosario Ave., then easterly along Rosario Ave., to a point at the intersection of Rosario and Palma Ave., then easterly along Palma Ave. to the rear lot line of parcels on the west side of Traffic Way, then north along said rear lot lines to the rear lot line of parcels on the south side of Olmeda Ave., then easterly to the rear lot line of parcels on the west side of Traffic Way, then north along said rear lot lines to include Lot 24 of Block LA, of Atascadero, then northerly along the center line of Traffic Way,to a point, then easterly to include the presently existing National Guard Armory Property, then to a point easterly to the intersection of West Mall and Santa Ysabel Ave. at the West Mall bridge, then southerly along Santa Ysabel Ave. to a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Ave., then easterly from that point to the extension of proposed Highway 41, then southwesterly to the Morro Road/Highway 101 over-crossing, point of beginning. The Atascadero Main Street organization is the advisory body and sub-contractor to the City regarding the Downtown Parking and Business Improvement Area. Since 2000, the City, the Redevelopment Agency, Main Street and the community have worked to strengthen the downtown business community, increase the capacity of the Main Street organization and implement the downtown revitalization strategy. Each licensed business in the Improvement Area shall contribute to the assessment. Activities and improvements in the Downtown Parking and Business Improvement Area are funded by the assessment. The Downtown Parking and Business Improvement Area account has a surplus of$1,500 to be carried forward from the prior year. Proposed work plan and budget for fiscal year 2003-04 is as follows: BIA Funds requested for 2003-2004 $10,500 Carry over from 2002-2003 $ 1,500 Total Proposed Funding Available $ 12,000 2003-2004 Proposed Expenditures: 4th of July in Sunken Garden $ 1,500 25 Hot El Camino Nights $ 800 Fall Promotion (Colony Days&Halloween) $1,200 Winter Wonderland Street Fair $3,000 Sweetheart Stroll (Valentine's Day) $1,200 Pet Parade $1,000 Eggstravaganza(Easter Egg Hunt) $2,000 Spring Sale $ 250 Clean-Up Days (Spring and Fall) $1,000 Total Proposed Expenditures - 2003-04 $11,950 Fund Residual $ SO This report shall be filed with the City Clerk on behalf of the Downtown Parking and Business Improvement Area for fiscal year 2002-2003. 26 ATTACHMENT 2 The City of Atascadero DRAFT 'DRAFT The Atascadero Main Street, Inc. Agreement for Disbursement of P. I.A. Funds July 1, 2003 to June 30, ACTUAL 2002-2003 Actual Funds Available from P.B.I.A. Assessment $ 10,500.00 $10,500.00 for period July 1, 2002 to June 30, 2003 = Carry over from Budget Year 2002-2003 $ 1,500.00 $ 3,742.62 Total Revenue Available= $ 12,000.00 $14,242.62 Expected Disbursem11 ent of Funds by Main Street during period of July 1, 2003 to June 30, 2004 Fourth of July in the Sunken Gardens $1,500.00 Hot EI Camino Nights (Food Concessions & Band) 800.00 383.42 Fall Promotion (Colony Das & Halloween) 1,200.00 3,000.00 7,550.00 Winter Wonderland Street Fair 1,200.00 1,084.70 Sweetheart Stroll (Valentine Chocolate &Wine) 1,000.00 Pet Parade 2,000.00 1,500.00 E gstravaganza (Easter Egg Hunt) 250.00 250.00 Spring Sale (Cash Prize) 1,00000 611.26 Clean-up Days (Spring & Fa . F:411) 1,344.52 Streetscape Improvements " Total Disbursement = $ 11,950.00 $12,723.90 Fund Balance = $ 50.00 $ 1,518.72 END 27 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONFIRMING THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT FOR FISCAL YEAR 2003-04 WHEREAS, the Atascadero Business Improvement Association filed a report with the City in accordance with Section 36534 of the Streets&Highways Code (Section 36534 Report), and WHEREAS, the City Council having received the report the City Council adopted Resolution 2003-028 declaring intent to levy annual Downtown Parking and Business Improvement Area assessment pursuant to Section 36534 of said code; and WHEREAS, the City Council did fix a time and place for a public hearing on the levy of the proposed assessment for fiscal year 2003-04; and WHEREAS, on July 8, 2003 the City Council conducted a public hearing at the date and time set for such purpose; and WHEREAS, the City Council did not receive the required number of protests for the levy of such assessment; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Atascadero does hereby confirm approval of the Section 36534 Report as originally filed and confirmation of approval of such report constitutes the levy of an assessment for Fiscal Year 2003-04, pursuant to the Streets &Highways Code. BE IT FURTHER RESOLVED that the City Council directs staff to make appropriations in the City's budget in accordance with such report. 28 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: July 8, 2003 By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 29 ITEM NUMBER: B -2 DATE: 07/08/2003 • �: B, min Isla � 57-9 A9�E�p Atascadero City Council Staff Report - Public Works Department Sewer Service Charges Placement on the 2003-04 Property Tax Rolls RECOMMENDATION: -� Council adopt the Draft Resolution adopting service charges to be added to the 20b3-04 property tax rolls. DISCUSSION: City Ordinance provides for the collection of sewer service charges on the general County tax bills. Charges have been collected in this manner since the County Sanitation District was dissolved in 1984. The attached resolution has been prepared to accomplish the necessary collection through the 2003-04 property tax bills. There is no increase in the sewer service rates. A Notice of Public Hearing has been published noticing this action. The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A. Any questions or concerns received during the public hearing should be referred to staff for resolution prior to submitting the charges to the County Auditor by the July 14th deadline. FISCAL IMPACT: Revenue of$1,491,414.96 in sanitation service charges (FY 2003-04). ATTACHMENTS: Draft Resolution 30 DRAFT RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2003-04 PROPERTY TAX ROLLS WHEREAS,-Council has duly held a public hearing concerning the addition of the 2002- 2003 service"charges to the 2003-04 property tax bills; and WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same; and WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE,BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2. That Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth;and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. Section 5. This resolution is approved by at least a two-thirds vote of said Council. On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following vote: 31 AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson Jerry L. Clay, Sr. City Clerk Mayor Approved as to form: RoyA. Hanley Y City Attorney 32 ITEM NUMBER: C -1 DATE: 07/08/2003 Atascadero City Council Marcia McClure Torgerson, City Clerk Designation of Voting Delegate - League of California Cities' Annual Conference RECOMMENDATION: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2003, and direct the City Clerk to inform the League of the designation. DISCUSSION: This9 Year's League of California Cities' Annual Conference is scheduled for Sunday, September 7 through Wednesday, September 10, in Sacramento, California. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each City Council is asked to designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. FISCAL IMPACT: None 34