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HomeMy WebLinkAboutMinutes 062386 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM JUNE 23, 1986 7 30 P.M. ** 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 ** Presentation of Appreciation Plaques to Park and Recreation Commission Departing Members ** Introduction of David Lara - New Employee - Public Works Department ** Introduction of Jay Von Bargen - New Employee - Police Department ** Proposed Resolution 62-86 - Acceptance of Election Results for City Council, Treasurer , and City Clerk Positions ** Administration of Oath of Office for Newly Elected Public Officials (Council Members, Treasurer , and City Clerk) ** Council Consideration Regarding Mayor and Mayor Pro Tem Appointments 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. There 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. Approval of Minutes of the Regular Council Meeting of June 9, 1986 2. Approval of City Treasurer ' s Report - May 1-31, 1986 1 3. Approval of City Finance Director ' s Report - May 1-31, 1986 4. Proposed Resolution 64-86 - Adopting Business Improvement Association Bylaws (Approved at 6/9/86 Council Meeting) 5. Approval of 1986 Non-Financial Worksite Agreement for Summer Jobs for Youth Employment Program 6. Proposed Resolution 63-86 - Authorizing Mayor to Ratify the Department of Animal Regulation Fiscal year 1986/87 Contract Renewal 7. Approval of Final Lot Line Adjustment 1-86 - 8305 Coromar - Molina/Twin Cities Engineering 8. Approval of Tentative Parcel Map AT-830311:1 - 3100/3150 Ardilla Road - Time Extension to Comply with Imposed Con- ditions - Davis/Twin Cities Engineering 9. Approval of Tentative Parcel Map 1-86 - 10870/10900/11020 Santa Ana Road (Lots 26, 27, & 28 of Block 26) - Division of 19.80 Acres into 3 Parcels of 4.40 Acres and 1 Parcel of 6 .60 Acres - Nationwide Network Mortgage/Twin Cities Engineering 10. Proposed Denial of Claim for Damages by Ron Edwards for $1,250 . 00 11 Proposed Denial of Claim for Damages by Mary Brown for $9, 000.00 12 Authorization to Begin Bid Procedures for Grounds Maintenance Services for Park Facilities 13. Authorization to Prepare a Resolution of Intent to Formulate a Street Maintenance District - Cayucos Avenue 14. Authorization to Hire Planning Department Interns for Phase I - General Plan Update B. HEARINGS, APPEARANCES, AND REPORTS 1. Appeal of Planning Commission Denial of Proposed Tentative Parcel Map 7-86 - 6625 Santa Cruz Rd. - Subdivision of a 5.03 Acre Parcel Into Two Parcels of 2. 53 and 2 50 Acres Each - Garlick/Daniel Stewart, Engineer (Cont'd from 6/9/86) 2. Proposed Extension of Falcon Cable T.V. Franchise Agreement from 1991 Expiration Date to 2001 3. Appeal of Planning Commission Conditions to Tentative Parcel Map 9-86 - 8971 San Gabriel Road - Warhurst/Summers 2 C. UNFINISHED BUSINESS 1. General Plan Amendment 1M-86 - Report from Planning Commission on Urban Service Line Exemption Requests (San Gabriel Elementary School & Chalk Mountain Golf Course) 2. Proposed Zone Change 19-86 - Parking Standards - City of Atascadero A. Ordinance 136 - Amending the Zoning Ordinance Text on Off-Street Parking Requirements for Multi-Family Projects and Signage Identifying Handicapped Parking Spaces (SECOND & FINAL READING) (Cont'd from 6/9/86) 3. Proposed Special Study Session for June 30, 1986 Re Proposed Separado/Cayucos Cease and Desist Assessment District D. NEW BUSINESS 1. Planning Commission Vacancies Status Report 2. Emergency Preparedness Organizations and Functions A. Proposed Ordinance Number 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (FIRST READING) B. Proposed Resolution 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual Aid Agreement C. Proposed Resolution 59-86 - Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen' s Compensation Benefits for Registered Volunteer "Disaster Service Workers" 3. Proposed Equestrian Agreement with Paloma Creek Park Equestrian Committee, Located at Paloma Creek Park 4. Proposed 1986-87 Dial-A-Ride Contract Renewal with Community Transit Services 5. Proposed Resolution 65-86 - Approving an Interim Budget for Fiscal year 1986-87 and Appropriate Funds Thereafter E. COMMUNITY FORUM F. INDIVIDUAL DETERMINATION AND/OR ACTION 3 14W 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE MEETING IS ADJOURNED TO MONDAY, JUNE 30 , 1986 , AT 7 :30 P.M. , COUNCIL CHAMBERS, ADMINISTRATION BUILDING, FOR A PUBLIC STUDY SESSION REGARDING SEPARADO/CAYUCOS CEASE AND DESIST AREA. MONDAY, JULY 14, 1986, AT 6 00 P.M. , 4TH FLOOR CLUB ROOM, ADMINISTRATION BUILDING, PRIOR TO THE REGULAR COUNCIL MEETING TO INTERVIEW PARKS AND RECREATION COMMISSION APPLICANTS. 4 MFET NG �4GEN aA k MINUTES - ATASCADERO CITY COUNCIL Regular Meeting, June 23, 1986, 7 30 p.m. Atascadero Administration Building 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. An invocation was given by Councilwoman Mackey. ROLL CALL Present: Councilmembers Handshy, Mackey, Molina and Mayor Nelson Absent: Councilwoman Norris (on vacation, as announced at last meeting) STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director ; Robert M. Jones, City Attorney/City Clerk; Bud McHale, Police Chief; Henry Engen, Community Development Director ; Paul Sen- sibaugh, Public Works Director ; Bob Best, Recreation Director; Cindy Wilkins, Deputy City Clerk. COUNCIL/STAFF COMMENTS Mayor Nelson presented placques in recognition of the services of de- parting Parks & Recreation Commissioners Ruth Doser , Mark Jensen and Jim Porter Paul Sensibaugh, Public Works Director , introduced new employee David Lara, Custodian. Mike Shelton announced that introduction of new Police Dept. employee Jay Von Bargen will be at a later date, as he is currently serving military duty. City Clerk Robert Jones announced the results of the June 3rd elec- tion. MOTION By Councilman Molina to adopt Res No. 62-86 (Certification of Election results from County of SLO) , seconded by Council- woman Mackey; passed by 4 0 roll-call vote, with Councilwoman Norris absent. City Clerk Robert Jones presented certificates of election and admini- stered the Oath of Office to newly elected officials Marjorie Mackey and Bonita Borgeson, City Council, Charles E. Bourbeau, City Treasurer and Boyd C. Sharitz, City Clerk. Councilman Handshy presented a placque to Rolfe Nelson in honor of his 7 years of dedicated service as City Council Member and Mayor , in ad- dition to a letter of appreciation from fellow Council members. Maggie Rice, representing the Chamber of Commerce, presented a placque and letter of appreciation to Rolfe Nelson. 1 'fin►' *40 MOTION By Councilman Molina to appoint Councilwoman Mackey to Mayor , seconded by Councilwoman Borgeson; passed by 4 0 roll-call, with Councilwoman Norris absent. MOTION By Councilman Handshy to appoint Councilman Molina to Mayor Pro Tem, seconded by Mayor Mackey; passed by 4 0 roll-call, with Councilwoman Norris absent COUNCIL ADJOURNED FOR A FIVE-MINUTE BREAK. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of June 9 , 1986 2. Approval of City Treasurer ' s Report - May 1-31, 1986 3. Approval of City Finance Director ' s Report - May 1-31, 1986 4. Proposed Resolution 64-86 - Adopting Business Improvement Asso- ciation Bylaws (Approved at 6/9/86 Council Meeting) 5. Approval of 1986 Non-Financial Worksite Agreement for Summer Jobs for Youth Employment Program 6. Proposed Resolution 63-86 - Authorizing Mayor to Ratify the Department of Animal Regulation Fiscal Year 1986/87 Contract Re- newal 7. Approval of Final Lot Line Adjustment 1-86 - 8305 Coromar - Molina/Twin Cities Engineering 8. Approval of Tentative Parcel Map AT-830311:1 - 3100/3150 Ardilla Road - Time Extension to Comply with Imposed Conditions Davis/ Twin Cities Engineering 9. Approval of Tentative Parcel Map 1-86 - 10870/10900/11020 Santa Ana Road (Lots 26, 27 & 28 of Block 26) - Division of 19. 80 Acres into 3 Parcels of 4. 40 Acres and 1 Parcel of 6 60 Acres Nation- wide Network Mortgage/Twin Cities Engineering 10 Proposed Denial of Claim for Damages by Ron Edwards for $1, 250 .00 11. Proposed Denial of Claim for Damages by Mary Brown for $9, 000 00 12 Authorization to Begin Bid Procedures for Grounds Maintenance Services for Park Facilities 13. Authorization to Prepare a Resolution of Intent to Formulate a Street Maintenance District - Cayucos Avenue 14. Authorization to Hire Planning Department Interns for Phase I - General Plan Update 2 Councilman Molina requested Item #7 be removed for discussion, and Councilwoman Borgeson requested Item #14 be removed for discussion. MOTION By Councilman Handshy to approve Consent Calendar items 1-14, deleting # ' s 7 & 14, seconded by Councilman Molina; passed by 4 0 roll-call, with Councilwoman Norris absent. Councilman Molina removed himself from voting on Item #7 due to pos- sible conflict of interest. MOTION By Councilman Handshy to approve Item #7, seconded by Coun- cilwoman Borgeson; passed by 3 :0 roll-call, with Councilman Molina not voting and Councilwoman Norris absent. At Councilwoman Borgeson' s request, Henry Engen, Commun. Devel Dir- ector , summarized the intent of Item #14 MOTION: By Councilman Handshy to accept staff recommendation (Item #14) , seconded by Councilman Molina; passed by 4 0 roll-call, with Councilwoman Norris absent. * Mayor Mackey announced that order of agenda items changed, and Item C-3 would now be considered. * C. UNFINISHED BUSINESS 3 Proposed Special Study Session for June 30, 1986 re Proposed Separado/Cayucos Cease and Desist Assessment District Mike Shelton, City Manager, gave staff report, with additional com- ments from Paul Sensibaugh, Public Works Director . Public Comment Douglas Nix, resident, announced that a group of citizens recently met on Yerba and shared their concerns that the City may not be taking the proper actions and approach to the proposed assessment district. Those in attendance at that meeting signed a petition asking the City to hold off the process until they have had time to research the is- sues involved. (He presented the petition to Mayor Mackey, and it is on file in the City Clerk ' s Office) . Mayor Mackey reminded those in attendance of the Special Public Study Session to be held Monday, June 30 , 1986 , at 7:30 p.m. in the Prather Building of Atas Jr. High, which is for the purpose of discussing the proposed assessment district and soliciting citizen input B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Planning Commission Denial of Proposed Tentative Parcel Map 7-86 - 6625 Santa Cruz Rd. - Subdivision of a 5.03 Acre Parcel into two Parcels of 2. 53 and 2. 50 Acres Each - Garlick/Daniel Stewart, Engineer (Cont 'd from 6/9/86) 3 Henry Engen, Commun. Devel. Director , gave staff report Public Comment Mike Kirkpatrick commented that the applicants will rest with the decision of the Council in this matter, although they take some excep- tion to the requirements of condition #14. Debra Kankiewicz , resident on Viejo Camino, asked what the 18 condi- tions of approval are, to which Mr . Kirkpatrick responded. MOTION: By Councilman Molina to accept staff recommendation (for approval, subject to the 18 conditions as listed in staff report) , seconded by Councilman Handshy; passed 3: 1, with Councilwoman Borgeson voicing NO and Councilwoman Norris ab- sent. 2. Proposed Extension of Falcon Cable T.V. Franchise Agreement from 1991 Expiration to 2001 David Jorgensen, Admin. Services Director, gave staff report. Public Comment John Murphy, 9285 Lucinda Ln. , resident since 1982, spoke in opposi- tion to the extension of a contract with Falcon Cable, expressing dissatisfaction with their services. Robert Jones, City Attorney, noted that the original contract was made in 1971; he reviewed the proposals of the amended ordinance, noting that the City, by adopting the proposed ordinance, would be bringing its franchise agreement in compliance with that of the County. Celia Moss, 8040 Coromar, expressed concern about the renewal of a contract that is not due for renewal; she also expressed dissatisfac- tion with the services and communicating efforts of Falcon to its customers. Bill Palmerston, 4195 Lobos, had questions relating to the services which would be offered by Falcon pursuant to the proposed ordinance, to which City Attorney Robert Jones responded, with added response from Tom Hatchell of Falcon Cable TV. Tom Bench, resident on Carmelita, expressed dissatisfaction with the services and communications with Falcon TV, having experienced a "run around" Dorothy McNeil, resident on Sierra Vista in 3-F Meadows, asked if Fal- con expands the amount of channels offerred, how many are going to cost the customer over and above the regular monthly fee? Tom Hat- chell responded that they won' t be added to the basic fee, but they will cost extra for those who choose to have that service. 4 r4, „Vy Jim Porter , resident on Aguila, spoke in support of Falcon' s services. Richard Shannon, 4820 Obispo, spoke in support of Falcon' s services, relaying satisfaction expressed by his real estate customers. Tom Hatchell responded to a request by Councilwoman Borgeson by re- viewing the services to be extended to Falcon' s customers in the future. MOTION By Councilman Molina to read Ord. 137 by title only, seconded by Councilman Handshy; passed unanimously, with Councilwoman Norris absent. Mayor Mackey read Ord. 137 by title. MOTION By Councilman Molina that this constitutes the first reading of Ord. 137 , seconded by Councilman Handshy; passed 3 :1, with Councilwoman Borgeson voicing NO and Councilwoman Norris ab- sent. Second reading will be at the Council meeting of July 14, 1986. 3. Appeal of Planning Commission Conditions of Tentative Parcel Map 9-86 - 8971 San Gabriel Road - Warhurst/Summers Henry Engen, Commun. Devel Director, gave staff report Public Comment Richard Summers, offices at 7350 El Camino Real, representing Craig and Glenna Warhurst, expressed support for a drainage plan for the Amapoa-Tecorida drainage basin; however , he claims he was never told that the drainage plan would affect the subject property at any time, although he repeatedly asked planning staff what specific costs would be involved in this requested lot split. He also expressed dissatis- faction with the poor quality of the map attached to Ord. 117, which relates to the Amapoa-Tecorida drainage area. Celia Moss, 8040 Coromar , seconded Mr . Summers ' s comments and objected to a "lack of due process" in citizens not being given an opportunity to respond to issues until after the fact. Bob Tartaglia, engineer for the Warhursts and Mr . Summers, described his engineering approach to this parcel, responding to drainage con- dition of approval #4 and noting the approximate costs involved He is of the opinion that the Warhurst parcel has no impact on the 12" C M.P. , and that all the water flowing into it comes from the 50 acres on the south side of San Gabriel Rd. , although the Warhursts are being asked to bear the costs of upgrading the line. Dr. Craig Warhurst, applicant, 9018 San Gabriel, addressed the issue of condition of approval #10. His appeal is based on the principle of an "error of omission" on the part of the City, saying that if a staffperson has knowledge of potential fees and a question has been asked relating to fees, it should be discussed. He requested the drainage fee be waived based on the City' s error to provide complete information affecting the subject property. 5 MOTION By Councilman Molina that the cost of complying with condi- tion of approval #4 be credited to the assessed $5,392.80 Amapoa-Tecorida drainage fee, seconded by Councilman Handshy; passed 4 :0 , with Councilwoman Norris absent. MOTION: By Councilman Handshy to accept staff recommendation to deny this appeal and approve Parcel Map 7-86 , subject to the con- ditions of approval recommended by the Planning Commission, as amended by the previous motion; motion seconded by Coun- cilman Molina; passed 4 0, with Councilwoman Norris absent C. UNFINISHED BUSINESS 1. General Plan Amendment 1M-86 - Report from Planning Commission on Urban Service Line Exemption Requests (San Gabriel Elementary School & Chalk Mountain Golf Course) Henry Engen, Commun. Devel. Director, gave staff report No public comment. MOTION By Councilman Molina to adopt Res No. 49-86 , as amended from original draft (see recommendation in staff report) , seconded by Councilman Handshy; passed 3 :1, with Councilwoman Borgeson voicing NO and Councilwoman Norris absent 2. Proposed Zone Change 19-86 - Parking Standards - City of Atasca- dero A Ordinance 136 - Amending the Zoning Ordinance Text on Off- Street Parking Requirements for Multi-Family Projects and Signage Identifying Handicapped Parking Spaces (SECOND & FINAL READING) (Cont'd from 6/9/86) Henry Engen, Commun. Devel. Director , made brief staff comments. No public comment. MOTION By Councilman Molina to read Ord. 136 by title only, seconded by Councilman Handshy; passed unanimously, with Councilwoman Norris absent. Mayor Mackey read Ord. 136 by title. MOTION: By Councilman Molina that this constitutes the second reading and adoption of Ord. 136 , seconded by Councilman Handshy; passed by 4:0 roll-call, with Councilwoman Norris absent. * 3 Agenda order rearranged - See end of Consent Calendar . D NEW BUSINESS 6 'fir+' * w1f 1 Planning Commission Vacancies Status Report Henry Engen, Commun. Devel. Director, gave staff report No public comment. MOTION: By Councilman Molina to direct the City Clerk ' s Office to advertise Planning Commission vacancies, with selections to be made 7/28/86 and appointments at the Planning Commission meeting of 8/1/86, seconded by Councilman Handshy; passed unanimously, with Councilwoman Norris absent. 2. Emergency Preparedness Organizations and Functions A. Proposed Ordinance 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (FIRST READING) B Proposed Res. No. 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual Aid Agree- ment C. Proposed Res. No. 59-86) _- Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen's Compensation Benefits for Registered Volunteer "Disaster Service Workers" Bud McHale, Police Chief, gave staff report. No public comment MOTION By Councilman Handshy to read Ord. 135 by title only, sec- onded by Councilman Molina; passed unanimously, with Councilwoman Norris absent. Mayor Mackey read Ord. 135 by title. MOTION: By Councilman Handshy that this constitutes the first reading of Ord. 135 , seconded by Councilman Molina; passed unani- mously, with Councilwoman Norris absent. Second reading and consideration of proposed resolutions will be at the Council meeting of July 14, 1986 . 3. Proposed Equestrian Agreement with Paloma Creek Park Equestrian Committee, Located at Paloma Creek Park Bob Best, Recreation Director, gave staff report. Councilman Molina expressed his desire to postpone a decision on this item due to the late receipt (just prior to meeting) of information relating to insurance issues in this matter . Public Comment 7 Shirley Chastaine, representative of Vaqueros del Camino, indicated that insurance is a big concern of the trail riding group, noting that they have to maintain and provide their own certificate of liability insurance whenever they rent or use certain arenas. Jim Comes, member of the Paloma Creek Park Equestrian Committee, spoke in support of this plan MOTION: By Councilman Handshy to approve staff recommendations (as outlined in staff report) , seconded by Councilwoman Borgeson; passed 3 :1, with Councilman Molina voicing NO and Council- woman Norris absent 4. Proposed 1986-87 Dial-A-Ride Contract Renewal with Community Transit Services Paul Sensibaugh, Public Works Director, gave staff report. Mike Moore, Location Supervisor for CTS, addressed the issue of liability insurance for public transit in cities. No public comment MOTION: By Councilman Handshy to enter into the attached agreement with CTS for the amount and term as specified (see staff report) , seconded by Councilwoman Borgeson; passed by 4:0 roll-call, with Councilwoman Norris absent. 5. Proposed Resolution 65-86 - Approving an Interim Budget for Fiscal Year 1986-87 and Appropriating Funds Thereafter Dave Jorgensen, Admin. Svcs. Director , gave staff report and reviewed the tentative budget schedule; he anticipates to have the preliminary budget available for presentation to Council on 7/14/86, with sched- uled work sessions to review content and (hopeful) adoption on 7/28/86. No public comment. MOTION: By Councilman Molina to adopt Res. No. 65-86, seconded by Councilman Handshy; passed by 4:0 roll-call, with Council- woman Norris absent E. COMMUNITY FORUM Dr . John Anderson, who has an orthodontic practice on Traffic Way, spoke in favor of repealing the Lewis Ave. Bridge fee, feeling his new office will not impact the area since the majority of his clientele already come from that area 8 Dr. Del Greenleaf, 5960 West Mall, agreed with the comments of the previous speaker , feeling that the few developers left in the area are being asked to foot the bill for the bridge. He feels the bridge is needed, whether or not there ' s new development, and the present fee structure is inequitable and unfair. Dr . Michelle Whitehead, who practices with her husband at 5960 West Mall, urged Council to consider the comments being made and suggested an amendment be made to the present ordinance (No. 118) Dr Greenleaf spoke again, offering possible alternative solutions: (1) Assess the entire community and assess all new development; (2) bonds; (3) perhaps the City could offer incentives to new developers (as Paso Robles did to fund their bridge) . He added that, if the remaining developers must pay for the bridge, they should charge a toll to users. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Borgeson requested that a proclamation be prepared in order to recognize the recent FFA 5th Place finish in national competition. Council concurred. City Manager - Mike Shelton announced that Lisa Hirshman of KPRL will be covering future Council meetings for the radio station. MEETING ADJOURNED AT 11 02 P.M. TO MONDAY, JUNE 30 , 1986, AT 7 :30 P.M. IN THE PRATHER BUILDING OF ATASCADERO JR. HIGH FOR A PUBLIC STUDY SESSION REGARDING SEPARADO/CAYUCOS CEASE AND DESIST AREA; AND TO MONDAY, JULY 14 , 1986 , AT 6 00 P.M. , 4TH FLOOR CLUB ROOM, ADMINISTRATION BUILDING, PRIOR TO THE REGULAR COUNCIL MEETING, TO INTERVIEW APPLICANTS TO THE PARKS & RECREATION COMMISSION. RECORDED BY e BOYD C. SHARITZ, Cit erk PREPARED BY: CINDY WILKINS, Deputy City Clerk 9