HomeMy WebLinkAboutMinutes 041486 `err►` *400
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Atascadero City Council
will meet at 6 00 p m , April 14 , 1986 , prior to the regular
meeting, for the purpose of interviewing applicants to a
vacancy on the City Planning Commission The regular meeting
will commence at 7 30 p m in the Rotunda Room, 4th Floor ,
City Administration Building
DATED April 1 , 1986 ROBERT M JONES , City Clerk
By
CINDY WILKINS, Dap City Clerk
City of Atascader-� , California
'err"
NOTE: THE CITY COUNCIL WILL BE MEETING AT 6 :00 P.M. FOR THE
PURPOSE OF INTERVIEWING PLANNING COMMISSION AND
BOARD OF APPEALS APPLICANTS.
AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
ATASCADERO ADMINISTRATION BUILDING
FOURTH FLOOR, ROTUNDA ROOM
APRIL 14, 1986
7 :30 P.M.
** PROCLAMATION - The Month of April Designated as Child Abuse and
Neglect Prevention Month
** ALL COUNCIL MEMBERS, STAFF MEMBERS AND CITIZENS ARE REMINDED **
PLEASE SPEAK DIRECTLY INTO THE MICROPHONE
Call to Order
Pledge of Allegiance
Invocation
Roll Call
City Council Comments
A. CONSENT CALENDAR
All matters listed under Item A, Consent Calendar , are considered
to be routine, and will be enacted by one motion in the form listed
below. Thee will be no separate discussion of these items. If
discussion is required, that item will be removed from the Consent
Calendar and considered separately. Vote may be roll call.
1. Minutes of the Regular Council Meeting of March 24, 1986
2. Authorization for Mayor to Enter into Agreement with County of San
Luis Obispo for Alternate Work Program
3 Resolution Number 35-86 - Prohibiting Parking on South Side of
Solano at E1 Camino, Extending Easterly
4. Resolution Number 34-86 - Establishing a Stop Sign on San
Fernando Road at Del Rio Road
5. Resolution Number 33-86 - Establishing a Left Through and Right
Only Lanes at Intersection of Curbaril and El Camino Real
6. Award of Bid 86-37 - Herbicide Spraying at Various Locations -
Satellite Extermination Company
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7. Acknowledgement of Administrative Policy on Distribution of
Commercial Literature to City Employees
8. Authorization to Enter into Agreement with Communication Resources
Corporation for Telephone Consultant Services
9. Acceptance of Final Lot Line Adjustment 3-85 - 12650 San
Cayetano - Charnley/Twin Cities Engineering
10. Acceptance of Final Lot Line Adjustment 16-85 - 7125 Sycamore
Vaughn/Cuesta Engineering
11. Acceptance of Final Lot Line Adjustment 13-84 - 14405 Santa
Lucia - Tenneco Realty Dvmt/Cuesta Engineering
12. Authorization to Sell Unclaimed Property by Police Department
B. HEARINGS, APPEARANCES, AND REPORTS
1. Appeal by Gary Mulhullond of Planning Commission Requirement
of 10-foot Sidewalk - RMF/16 Project - 5550 Traffic Way
2. Proposed General Plan Amendment 1A-86 and Zone Change 1A-86- 1800
El Camino Real - Leonard Brazzi
A. Proposed Resolution 29-86 - Amending General Plan from Single
Family Suburban Residential to Retail Commercial
B. Proposed Ordinance 122 - Amending Atascadero Zoning Maps
from Residential Suburban to Commercial Retail (FIRST READING)
3. Proposed General Plan Amendmenmt 1F-86 and Zone Change 6-86
4155 Carrizo Road - Jaime Lopez-Balbontin
A. Proposed Resolution 30-86 - Amending General Plan from
Single Family Suburban Residential to Moderate Density
Single Family
B. Proposed Ordinance 123 - Amending Atascadero Zoning Maps
from Residential Suburban to Residential Single Family,
Medium Density (FIRST READING)
4. Pavilion Committee Report on Status and Policy Position of
Committee (Request by Mike Arrambide) (Verbal)
C. UNFINISHED BUSINESS
1. Authorization to Enter into Agreement with Ross, Levin, and
Mac Intyre for Architectural Services for Police Facility
and Establishing Design Perimeters
2
2. A. Proposed Resolution 36-86 - Appointment of Planning Commission
Vacancy (1 vacancy)
B. Proposed Resolution 37-86 - Appointments to Building and
Construction Board of Appeals
D. NEW BUSINESS
1. Report by Staff on Formation of Central Business District
Redevelopment Agency
2. Discussion Regarding Proposed Breakfast Meeting with State
Assemblyman Eric Seastrand - 8:00 A.M. , May 15, 1986 (Verbal)
3. Proposed Resolution 28-86 - Authorizing New Position of
Senior Building Inspector
4. Acquisition of Property on Morro Road Adjoining Atascadero Lake
Property
5. Appointment of Alternate Representative to San Luis Obispo
County and Cities Planning and Coordinating Council
E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD)
(Council will recess and convene as the Atascadero County
Sanitation District Board of Directors)
1. Authorization for Public Works Director to Advertise for Bids to
Assessment District Number 3 - Marchant Way Sewer Extension
(The Board of Directors will adjourn and reconvene as City
Council)
F. COMMUNITY FORUM
G. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
** NOTE MEETING IS ADJOURNED SPECIAL COUNCIL MEETING REGARDING
FISCAL REVIEW AND 1986/87 BUDGET SESSION ON APRIL 21,
1986, AT 7:00 P.M. , ROOM 306, CITY ADMINISTRATION
BUILDING
3 11
DA
MINUTES - ATASCADERO CITY COUNCIL (* MINUTFS APPROVED, AS
Regular Meeting, April 14, 1986, 7 : 30 p.m. WRITTEN, BY COUNCIL
Atascadero Administration Building 4/28/86)
The Regular Meeting of the Atascadero City Council was called to order
at 7 30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Handshy, Mackey, Molina, Norris & Mayor
Nelson.
Absent: None
STAFF
Mike Shelton, City Manager ; Robert Jones, City Atty./City Clerk; Mike
Hicks, Fire Chief; Henry Engen, Community Development Director; Paul
Sensibaugh, Public Works Director ; Bob Best, Recreation Director ;
Cindy Wilkins, Deputy City Clerk.
COUNCIL/STAFF COMMENTS
Mayor Nelson proclaimed the Month of April as Child Abuse and Neglect
Prevention Month.
Councilwoman Mackey relayed that Gary Mulholland had phoned her today
and indicated that he may not have removed trees illegally, as previ-
ously thought by staff.
Mayor Nelson announced that, prior to meeting, Council had interviewed
five applicants to one vacancy on the City Planning Commission and one
applicant to three vacancies on the Bldg. & Construction Board of Ap-
peals (three members whose terms expired all expressed desire to be
reappointed) .
A. CONSENT CALENDAR
Note: Paul Sensibaugh, Public Works Director , announced that Item #4
should be corrected to reflect the establishment of a stop sign
on San Fernando Road at Monterey Road, not at Del Rio (*) .
1 Minutes of the Regular Council Meeting of March 24, 1986
2. Authorization for Mayor to Enter into Agreement with County of
San Luis Obispo for Alternate Work Program
3. Resolution No. 35-86 - Prohibiting Parking on South Side of
Solano at El Camino, Extending Easterly
4. Resolution No. 34-86 - Establishing a Stop Sign on San Fernando
Rd. at Monterey Rd. (*)
COUNCIL MINUTES - 4 /86
PAGE TWO
5. Resolution No. 33-86 - Establishing Left Through and Right Only
Lanes at Intersection of Curbaril and E1 Camino Real
6. Award of Bid #86-37 - Herbicide Spraying at Various Locations -
Satellite Extermination Company
7. Acknowledgement of Administrative Policy on Distribution of
Commercial Literature to City Employees
8. Authorization to Enter into Agreement with Communication Resour-
ces Corporation for Telephone Consultant Services
9. Acceptance of Final Lot Line Adjustment 3-85 - 12650 San Cayetano
- Charnley/Twin Cities Engineering
10. Acceptance of Final Lot Line Adjustment 16-85 - 7125 Sycamore -
Vaughn/Cuesta Engineering
11. Acceptance of Final Lot Line Adjustment 13-84 - 14405 Santa Lucia
- Tenneco Realty Dvmt/Cuesta Engineering
12. Authorization to Sell Unclaimed Property by Police Department
MOTION: By Councilwoman Norris to approve Consent Calendar Items
1-12, seconded by Councilman Handshy; passed unanimously
by roll-call vote.
B. HEARINGS, APPEARANCES AND REPORTS
1. Appeal by Gary Mulholland of Planning Commission Requirement of
10-foot Sidewalk - RMF/16 Project - 5550 Traffic Way
Henry Engen, Commun. Develop. Director, gave staff report.
Public Comment
Gary Mulholland, applicant, stated he is prepared to withdraw his ap-
peal, as he tends to agree with the staff report; he said his main
concern on filing an appeal was his desire to see the City set a stan-
dard on Traffic Way which would be of benefit to all.
Jack Cowden expressed that he feels the concept of a 6 ' sidewalk and
room for a bike path adheres to the CalTrans recommendations more than
a 10 ' sidewalk, and he 'd like to see more bike paths in general
Dave Dingman, resident of property adjacent to that in question and
teacher at Lewis Ave. School, supports the idea of a 10 ' sidewalk and
feels the sidewalk is very hazardous in its current condition; he said
62% of the Lewis Ave. students use Traffic Way in some way every day,
with over 100 students either walking or biking along it daily. He
feels we should do whatever we can to provide more sidewalks on main
arterial streets where there is heavy pedestrian and industrial traf-
fic.
COUNCIL MINUTES - X14/86
PAGE THREE
MOTION: By Councilwoman Mackey to deny the appeal, urge a 10 ' side-
walk and direct staff to bring back a sidewalk standard in
the future; motion seconded by Councilman Handshy. Passed
by 3:2 vote, with Councilmembers Molina and Norris voicing
NO.
2 Proposed General Plan Amendment 1A-86 and Zone Change 1A-86 - 1800
E1 Camino Real - Leonard Brazzi
A. Proposed Res. No 29-86 - Amending General Plan from Single
Family Suburban Residential to Retail Commercial
B. Proposed Ord. 122 - Amending Atascadero Zoning Maps from
Residential Suburban to Commercial Retail (FIRST READING)
Henry Engen, Commun. Devel. Director, gave staff report.
Public Comment
Leonard Brazzi, applicant, spoke in support of the GPA request.
Rocky Russell, 5560 San Jacinto, urged Council to support this request
for zone change, asking Council to realize that the subject property
is bordered on both sides by commercial property. Mr . Engen responded
that, although there are some commercial uses in the area, the south
side of the property is zoned residential and is developing right now.
After Council discussion, Mr. Engen suggested this request be "denied
without prejudice" and sent back to the Planning Commission, with the
suggestion that it be a special study area and included in the current
General Plan Cycle. Mr. Engen explained the concept of denial without
prejudice, whereby it' s recognized that there might be a better land
use category for the area, but it might be better to study the entire
area, between El Camino and the freeway, on down to where the single-
family zoning ends; through public hearings before the Planning Com-
mission, a recommendation would be developed and the item would come
back to the Council. Mr . Brazzi would not have to reapply for a zone
change nor pay another fee in order to be reconsidered.
Council responded that they concur with Mr . Engen' s suggestion and
look forward to further study and future recommendation.
MOTION: By Councilman Molina that this request be denied without
prejudice, seconded by Councilwoman Mackey; passed 4 1, with
Councilwoman Norris voicing NO.
3. Proposed General Plan Amendment 1F-86 and Zone Change 6-86 , 4155
Carizzo Road - Jaime Lopez-Balbontin
A. Proposed Res. No. 30-86 - Amending General Plan from Single-
Family Suburban Residential to Moderate Density Single-Family
COUNCIL MINUTES - x,;.14/86 ,4w
PAGE FOUR
B Proposed Ord. 123 - Amending Atascadeo Zoning Maps from Resi-
dential Suburban to Residential Single-Family, Medium Density
(FIRST READING)
Henry Engen, Comm. Devel. Director, gave staff report.
Public Comment
Jaime Lopez-Balbontin, applicant, spoke in support of his GPA request.
Hoyt Chambless, 4200 Carizzo (directly across the street from subject
property) , spoke in opposition to the Planning Commission' s
recommendation to approve the GPA request, feeling it may open the
door for other such requests and that an environmental report is in
order.
Leonard Johnson, 4100 Carizzo (across the street from subject prop-
erty) , complained about the owner ' s negligence of abating the weeds on
the property and about the calves eating his roses.
Jaime Lopez-Balbontin spoke again, noting that when he applied for the
GPA, a staff member commented that it looked like a logical request,
and it was on this advise that he applied for the zone change
Mr. Engen explained the formula used for zoning the suburban single-
family category, such as is the property in question.
MOTION By Councilman Molina to deny this application without
prejudice and include it in the next General Plan change,
seconded by Councilwoman Mackey; passed 4:1, with Council-
woman Norris voicing NO. (see Item B-2 for explanation of
"denial without prejudice" . )
4. Pavilion Committee Report on Status and Policy Position of
Committee (Request by Mike Arrambide - Verbal)
Mike Arrambide, President of Atas. Improvement Corporation, gave ver-
bal report, clarifying the Corporation' s intent and purpose of the
Atas. Lake Pavilion Project (its first project) , which is to see that
the need for a community center is met through the renovation of the
Lake Pavilion. Their goal is to facilitate community participation in
order to minimize funds necessary to be provided by the City. So far,
the Corporation has raised over $30 ,000 toward the renovation of the
facility. Mr . Arrambide summarized the status of construction at this
time, and urged that the City do its share to complete the project.
Mr. Shelton noted that the project will be at issue in the upcoming
budget process. Councilman Molina suggests it be put in the Parks &
Recreation Capital Improvement Budget.
Mr. Arrambide noted the major importance of repairing the footings on
the lake side of the structure, which have suffered extensive erosion.
Mayor Nelson directed Mr . Arrambide to contact Paul Sensibaugh, Public
Works to discuss the problem.
COUNCIL MINUTES - X4/86 14W
PAGE FIVE
Mr. Shelton asked if the Corporation looks forward to additional phas-
es of participation after the Pavilion Project is complete (Phase I) ;
Mr. Arrambide stated the committee would be willing to serve at the
City' s pleasure and is totally open to their desires.
C. UNFINISHED BUSINESS
1. Authorization to Enter into Agreement with Ross, Levin and
MacIntyre for Architectural Services for Police Facility and Es-
tablishing Design Perimeters
Mike Shelton, City Mgr. , reported that he and Councilmen Handshy and
Molina met with County representatives today and discussed some Coun-
ty-owned properties located in Atascadero and continue to negotiate
with them; he feels it is appropriate for Council to continue to delay
a decision on this item until a more firm understanding is achieved as
to possibilities that may open up.
MOTION: By Councilwoman Mackey to table this item until it is brought
back as an agenda item, seconded by Councilman Molina; passed
unanimously.
2. A. Proposed Res. 36-86 - Appointment of Planning Commission
Vacancy (1 vacancy) )
B. Proposed Res. 37-86 - Appointments to Building and Construc-
tion Board of Appeals
Ballots prepared by the City Clerk' s Office were passed out to
Councilmembers for selection of Board and Commission members. Mayor
Nelson noted that Randall G. Young should be crossed off (did not
interview) . Council marked their ballots and returned them to City
Clerk for vote count.
Robert Jones, City Clerk, announced that John Edens, Kenneth Lerno and
David Walters have been selected for appointment to the Board of Ap-
peals (all are ' incumbents' , having served during the previous term) .
A second vote was taken due to a tie vote between Fernando C. Ebhardt
and Marjorie Kidwell; after Council vote, Mr . Jones announced the sel-
ection of Marjorie Kidwell to the vacancy on the Planning Commission.
MOTION By Councilman Handshy to appoint Marjorie Kidwell to the
Planning Commission by adoption of Res. No. 36-86 , and to
appoint John Edens, Kenneth Lerno and David Walters to the
Board of Appeals by adoption of Res. No. 37-86 , seconded by
Councilman Molina; passed unanimously by roll-call vote.
Mayor Nelson thanked all who applied and interviewed and encouraged
them to apply to future vacancies.
COUNCIL RECESSED FOR A FIVE-MINUTE BREAK AT 9 05 P.M.
COUNCIL MINUTES - NW 14/86 View
PAGE SIX
D. NEW BUSINESS
1. Report by Staff on Formation of Central Business District
Redevelopment Agency
Mike Shelton, City Manager, gave staff report, explaining the process
of formulating and activating a redevelopment agency, which are
required in all cities by California State law.
MOTION: By Councilman Molina to accept recommendations outlined by
Mr. Shelton, seconded by Councilman Handshy; passed unani-
mously.
2. Discussion Regarding Proposed Breakfast Meeting with State
Assemblyman Eric Seastrand - 8:00 a.m. , May 15, 1986 (Verbal)
Council concurred with the proposed date and time.
3 Proposed Res. 28-86 - Authorizing New Position of Sr. Building
Inspector
Henry Engen, Comm. Development Director, gave staff report.
Public Comment
Arthur Jazwiecki, resident, spoke in favor of waiting until July 1,
when new fees are in place, before hiring a full-time employee.
MOTION By Councilman Molina to approve Res. No. 28-86, seconded by
Councilwoman Mackey; passed by 3: 2 roll-call vote, with
Councilmembers Handshy and Norris voting NO.
4. Acquisition of Property on Morro Road Adjoining Atascadero Lake
Property
Bob Best, Director of Parks & Recreation, gave staff report. He noted
that the appraiser was unable to locate any other properties which
were zoned the same (other properties with which the Messer property
was compared were zoned either Commercial Professional or Commercial
Retail, where the Messer property is zoned for Recreation) and that
he relied on his personal judgement to arrive at the appraisal figure.
Robert Jones, City Attorney, noted that the only appraisal figure used
as a comparison was that paid for this same lot by Mr . Messer in 1985,
$42,000 , which may not make for an accurate appraisal; that figure,
however , was below market value at the time of purchase. The proposed
agreement would have Mr. Messer paying for all the costs of sale if
Council desires, which would be in fitting with the $50 ,000 that would
be appropriated for the sale.
COUNCIL MINUTES - '14/86
PAGE SEVEN 14W 14W
No public comment.
MOTION By Councilman Molina to adopt Res. No. 32-86, seconded by
Councilwoman Mackey; passed unanimously by roll-call vote.
5. Appointment of Alternate Representative to San Luis Obispo County
and Cities Planning and Coordinating Council
Mayor Nelson announced that Councilman Molina is appointed as the
alternate.
MOTION By Councilwoman Mackey to recess as Council and convene as
the Atas. County Sanitation District Board of Directors,
seconded by Councilman Molina; passed unanimously.
E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD)
1. Authorization for Public Works Director to Advertise for Bids for
Assessment District Number 3 - Marchant Way Sewer Extension
Paul Sensibaugh, Public Works Director , gave staff report; he noted
that he is allowing the use of PVC pipe for sewer pipe, which is al-
lowed in the County standards adopted by Atascadero.
No public comment.
MOTION: By Director Molina to authorize solicitation for bids on
this project, seconded by Director Handshy; passed
unanimously.
MOTION By Director Handshy to adjourn as ACSD Board of Directors and
reconvene as City Council, seconded by Director Mackey;
passed unanimously.
F. COMMUNITY FORUM
Art Jazwiecki, resident, asked Mike Shelton, City Mgr . , if the devel-
opment fees are clearly to be set aside for specific purposes, and how
will the monies be regulated, to which Mr . Shelton responded. Coun-
cilman Molina urged Mr Jazwiecki to meet with Mr . Shelton so that he
can be enlightened as to the limitations specified by Propositions 4
and 13.
Irene Bishop, Serena Rd. , complained that the speaker system makes it
very difficult to understand what' s being said, and she suggests the
City study the possibility of changing it. Paul Sensibaugh, Public
Works Director, responded that an acoustical engineer is coming to
look at the Lower Rotunda next Monday, and he' ll have him look at this
room as well. Ms. Bishop expressed that she feels this is still the
best room to hold public meetings in
COUNCIL MINUTES - 14/86 low
PAGE EIGHT
Bonita Borgeson, resident and Council candidate, asked for an
explanation on Consent Calendar Item #7, to which Mr . Shelton
responded. Mrs. Borgeson commented that she felt it was poor
judgement to allow the recent distribution of brochures due to
Councilman Molina' s interest in the merchant.
G. INDIVIDUAL DETERMINATION AND/OR ACTION
City Council - Councilwoman Mackey, in view of her learning that 82
new apartment units are in process, asked for a moratorium on all
multi-family units not already in process. Robert Jones, City At-
torney, said he ' s familiar with the statute by which a moratorium
can be imposed and will make it available to Councilwoman Mackey by
next meeting.
Councilman Molina suggests, as he has repeatedly, that an over-all,
concise look at the General Plan is necessary, and that all Gen.
Plan change decisions be held in abeyance until after such a review
has been accomplished
Henry Engen, Commun. Devel. Director , said staff has asked for a
budget appropriation, in the next fiscal year ' s budget, for looking
at the Gen. Plan, based on a consensus at the recent joint Council/
Planning Commission meeting for the necessity for such a review.
Mr. Engen said staff could bring back a priority list for Council
review.
Mike Borgeson, resident, commented that he feels Councilwoman Mackey
is looking for a slow-down in multi-family development, not a stop-
page in asking for a moratorium.
Art Jazwiecki, 18-year resident, responded to Mr. Borgeson' s com-
ments, urging the Council not to be afraid of the future, feeling
density has been cut down considerably and that twice as many units
as there are now could have been built.
City Manager - Mike Shelton asked that Council adjourn to a closed
session to discuss potential property acquisition from the County of
San Luis Obispo.
MEETING ADJOURNED AT 10:15 P.M. TO A CLOSED SESSION TO DISCUSS POTEN-
TIAL PROPERTY ACQUISITION FROM THE COUNTY AND TO A SPECIAL MEETING FOR
THE PURPOSE OF FISCAL REVIEW AND 1986/87 BUDGET SESSION ON APRIL 21,
1986, AT 7 :00 P.M. IN ROOM 306.
RECORDED BY PREPARED BY
Z
ROBERT M. JONES, City Clerk CINDY WILKINS, Dep City Clerk