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CITY OF ATASCADERO

CITY COUNCIL

AGENDA

Tuesday, December 11, 2007

City Hall

Council Chambers

6907 El Camino Real, Atascadero, California

REDEVELOPMENT AGENCY: 6:30 P.M.

REGULAR SESSION: 7:00 P.M.

PLEDGE OF ALLEGIANCE: Council Member Béraud

ROLL CALL: Mayor Luna

Mayor Pro Tem Brennler

Council Member Béraud

Council Member Clay

Council Member O’Malley

APPROVAL OF AGENDA: Roll Call

CITY COUNCIL REORGANIZATION:

1. Council Appointment of Mayor – The City Clerk will accept nominations from the Council Members 

Motion and Vote

2. Council Appointment of Mayor Pro Tem – The new Mayor will accept nominations from the Council Members

Motion and Vote

COUNCIL REORGANIZATION RECESS PRESENTATION:

1. Presentation of Distinguished Service Medal to Officer Wyatt Kasfeldt A.

CONSENT CALENDAR:

Motion and Vote

(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 Meeting Minutes – October 23, 2007

X City Clerk Recommendation: Council approve the City Council Meeting Minutes of October 23, 2007. [City Clerk]

 

2. City Council Continued Hearing Minutes – October 29, 2007

X City Clerk Recommendation: Council approve the City Council Continued Hearing Minutes of October 29, 2007. [City Clerk]

 

3. City Council Special Meeting Minutes – November 8, 2007

X City Clerk Recommendation: Council approve the City Council Special Meeting Minutes of November 8, 2007. [City Clerk]

4. Assignment of Factory Outlets Agreement to Mission Oaks Annex, LLC

X Fiscal Impact: No new fiscal impact, however, there is a continued budgeted impact of approximately $43,200 annually.

X Recommendation: Council approve assignment of "Agreement by, and between, the City of Atascadero and Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994" from Morro Road Homes, LLC and 197 Property Investments, LLC, to Mission Oaks Annex, LLC and 197 Property Investments, LLC effective August 30, 2006. [Administrative Services]

5. Confirm the Appointment of the Police Chief

X Fiscal Impact: No new impact.

X Recommendation: Council confirm the appointment of Jim Mulhall as Police Chief. [City Manager]

6. PLN 2099-1108 - Planned Development Overlay Zone #31: BMX Facility Master Plan of Development - 6575 Sycamore Rd (Atascadero BMX

Motion and Vote

X Description: Approval of the proposed project would allow a private BMX facility to be located at 6575 Sycamore Road.

 

X Fiscal Impact: It is staff’s understanding that the proposed BMX facility will not be operated as a public facility, and no staff or operational costs will be incurred. Additionally, all liability will be the responsibility of the Atascadero BMX Association.

X Recommendations: Council:

1. Adopt on second reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0108 to establish Planned Development Overlay Zone #31; and,

2. Adopt on second reading, by title only, Draft Ordinance B approving Zone Map Change 2007-0143 based on findings. [Community Development]

 

7. PLN 2006-1111 - Condominium Development and Condominium Conversion Ordinance (Title 9 and Title 11) City of Atascadero

Motion and Vote

X Description: Approval of Ordinance will allow for conditional use permit review for all new condominium development projects, including site condominiums, and will help to retain the rental housing inventory in Atascadero by establishing procedures and requirements for residential condominium conversions.

X Fiscal Impact: The fiscal impact will vary depending upon the methods of implementation and the effect of the Ordinance on applications. Staff time and resources are currently used to process project requests; additional staff time may be required to monitor construction of new rental units and to administer new inclusionary requirements. However, since few new rental units are currently being constructed, the Ordinance may have the effect of reducing the staff workload due to a decrease in applications for condominium conversions.

X Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2006-0111 based on findings. [Community Development]

8. Final Map 2006-0147 (Parcel Map AT 05-0292) 9075 San Diego Road (TPM 2005-0075) Mumford and Inman

X Description: Final map of division of 8.1 acres into three lots of 2.6, 2.6 and 2.9 acres.

X Fiscal Impact: None.

X Recommendations: Council:

1. Adopt and approve Final Parcel Map 2006-0147 (Parcel Map AT 05-0292), and,

2. Reject the offers of dedication for Roads and Public Utility Easements without prejudice to future acceptance on behalf of the public, and,

3. Authorize and direct the City Clerk to endorse the Council’s approval on the Map, and,

4. Authorize City Manager to sign a Subdivision Improvement Agreement for improvements associated with Final Map 2006-0147. [Public Works]

9. Final Map 2007-0159 (Parcel Map AT 05-0230) 8200 Coromar (TPM 2005-0073) (Gearhart)

X Description: Final Map for the division of 1.51 acres into two lots of 0.88 and 0.63 acres.

X Fiscal Impact: None.

X Recommendations: Council:

1. Adopt and approve Final Parcel Map 2007-0159 (Parcel Map AT 05-0230), and,

2. Authorize and direct the City Clerk to endorse the Council’s approval on the Map. [Public Works]

10. Santa Cruz Road Slope Stabilization Project Change Order- Bid No. 2007-006

X Description: Change Order will require appropriation of additional $202,410.00 for the Santa Cruz Road Slope Stabilization Project.

X Fiscal Impact: An additional appropriation of $202,410 will be necessary in order to complete the project. Staff is recommending that Local Transportation Funds (LTF) be used.

X Recommendations: Council:

1. Authorize the City Manager to approve Change Order #2 with Raminha Construction for $227,096.00 for additional construction work on the Santa Cruz Road Slope Stabilization Project (Project); and,

2. Authorize the City Manager to approve any additional change orders with Raminha Construction for a total amount not to exceed $10,000.00; and,

3. Authorize the Administrative Services Director to appropriate $202,410 in Local Transportation Funds for the Santa Cruz Road Slope Stabilization Project. [Public Works]

 

11. Vehicle Purchases - Public Works Department

Motion and Vote

X Fiscal Impact: The combined cost of both vehicles is $36,791 including sales tax, shipping fees, mandatory tire fee, and $500 / unit discount for payment within (20) days of receipt of invoice. Funds are provided in the 2007/2008 City budget.

X Recommendation: Council authorize the purchase of two (2) vehicles through the State of California Department of General Services. [Public Works]

12. Engineering Design Contract Award for Streetscape Projects

(Contract for Professional Services)

X Description: Award contract for the design of the City Council approved Streetscape projects.)

X Fiscal Impact: $292,164.40.

X Recommendation: Council authorize the City Manager to execute a contract with Rick Engineering Company to design various streetscape improvements for $292,164.40. [Public Works]

B. PUBLIC HEARINGS:

 

1. Fiscal Year 2006-2007 Audit

X Fiscal Impact: None.

X Recommendation: Council review and accept the financial audit for the period ended June 30, 2007. [Administrative Services]

 

2. Title 9 Planning and Zoning Text Amendment – PLN 2007-1238 (City of Atascadero)

Motion and Vote

X Description: Amendment pertains to processing timeframes, lot size requirements and accessway setbacks.

X Fiscal Impact: None.

X Recommendation: Planning Commission Recommends City Council: Introduce Draft Ordinance A for first reading, by title only, to approve Zone Change 2007-0138 based on findings. [Community Development]

3. Zoning Text Amendment: Planned Development Overlay District #9 PLN 2007-1248 - 800-955 El Camino Real - Westar Associates

Motion and Vote

X Disclosure of Ex Parte Communications

X Description: Approval would allow hotels and motels, and eating and drinking places with drive-through facilities in the PD-9 overlay zone subject to Conditional Use Permit approval.

X Fiscal Impact: Hotels typically generate more revenue per square foot than retail uses because of the Transient Occupancy Tax (TOT). The proposed zone change would allow hotels in addition to retail on the project site. Staff anticipates this change will likely result in a positive fiscal impact to the City if a hotel is built on the site rather than a retail commercial building.

X Recommendation: Planning Commission recommends Council: Introduce for first reading, by title only, draft Ordinance A approving amendments to the conditionally allowed use for the PD-9 Overlay Zone based on findings. [Community Development]

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 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.)

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.)

C. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary):

Mayor Luna

1. County Mayor’s Round Table

2. Finance Committee

3. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee

4. Nacimiento Water Purveyors’ Contract Technical Advisory Group

5. North County Water Purveyors Group

Mayor Pro Tem Brennler

1. Air Pollution Control District (APCD)

2. Economic Opportunity Commission (EOC)

3. Atascadero Youth Task Force

Council Member Béraud

1. Integrated Waste Management Authority (IWMA)

2. City / Schools Committee

Council Member Clay

1. City / Schools Committee

Council Member O’Malley

1. S.L.O. Council of Governments (SLOCOG)

2. S.L.O. Regional Transit Authority (SLORTA)

3. Finance Committee

4. Economic Vitality Corporation, Board of Directors (EVC)

5. League of California Cities – Council Liaison and CITIPAC Board Member

D. INDIVIDUAL DETERMINATION AND/OR ACTION:

1. City Council

2. City Clerk

3. City Treasurer

4. City Attorney

5. City Manager

a. Oral Report – Legislative Briefing

E. 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.

I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the December 11, 2007 Regular Session of the Atascadero City Council was posted on December 4, 2007 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location.

Signed this 4th day of December, 2007 at Atascadero, California.

___________________________________

Victoria Randall, Deputy City Clerk

City of Atascadero

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 City Hall Council Chambers, 6907 El Camino Real, 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 business hours at the Front Counter of City Hall 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. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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) 470-3400. 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 (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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:

1. You must approach the podium and be recognized by the Mayor

2. Give your name and address (not required)

3. Make your statement

4. All comments should be made to the Mayor and Council

5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present

6. All comments limited to 5 minutes (unless changed by the Council)

7. 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. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also 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).

 

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