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HomeMy WebLinkAboutMinutes 012390 *EnZZ-(a ffEM# A-I Approved as read 2/26/90 ATASCADERO CITY COUNCIL MINUTES JANUARY 23* 1990 Mayor Dexter called the meeting to order at 7:03 p .m. and led the ` Pledge of Allegiance. ROLL CALL: Present : Councilmembers Shiers, Lilley, Borgeson, Mackey and Mayor Dexter Staff Present : Ray Windsor , City Manager ; Henry Engen, Community Development Director ; Lisa Schicker , City Arborist ; Gary Sims, Senior Civil Engineer ; Mark Joseph , Administrative Services Director ; Bud McHale, Police Chief; Andy Takata, Director of Parks, Recreation and Zoo ; Arther Montandon, City Attorney; Boyd Bharitz , City Clerk and Lee Dayka, Deputy City Clerk Mayor Dexter addressed the public and clarified what action the Council would be making on the creek setback issue ( Item C-1 ) and the proposed urgency ordinance. The Mayor stated that the Council has already endorsed the recommendation of the Planning Commission to study the setback language within the General Plan relating to creekway protection, and that any Zoning Ordinance amendments would follow properly noticed public hearings. He continued by asking the Council if they were prepared to discuss and vote on this item out of sequence, so that citizens present would not be unduly inconvenienced . MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to advance item C-1 for consideration; passed unanimously. C. REGULA13 BUSINESS: 1 ~ PROPOSED URGENCY ORDINANCE REs CLARIFICATION OF CREEKWAY SETBACK COUNCIL COMMENTS : Councilwoman Mackey stated that she was in favor of some kind of CC1/23/90 Page 1 ' an urgency ordinance but did not feel she had any support . She indicated that she did not think the ordinance she was seeking was cause for the panic she was hearing and observed that the issue needed further study and public hearing . Councilman Lilley stated that as a result of the input he had received from the community, he was not able to support any emergency ordinance with regard to this matter . Mr . Lilley stated that he thought the matter should go through the conventional planning process, had no objection to having the matter taken out of cycle for plan review and further explained that he had some specific recommendations for the amendment that would not involve any urgency ordinances. Councilwoman Borgeson reiterated her past statements by declaring that an emergency ordinance is not in order at this time. She emphasized that public input is needed to relieve apprehension and confusion. Councilman Shiers reported that after conversations with the City Attorney and others, he did not feel that the emergency ordinance would accomplish what he had hoped for . He expressed concern regarding current building on the creek and stressed the need to find something else that will protect the creek from further encroachment . Councilman Lilley suggested a committee with representatives from the Council and school district to give direction for the creekway plan. Mayor Dexter concurred that an urgency ordinance would be too hasty and asked the public to write down their concerns and suggestions for the creekway plan and submit them to the Council . MOTION: To rescind the previous action on the urgency ordinance; passed unanimously by voice vote. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to direct staff to follow the recommendations of the Planning Commission; passed unanimously by voice vote. At this time, the mayor directed the meeting back to its ' original schedule. CC1/23/90 Page 2 COMMUNITY FORUMs Eric Michielssen, 5300 Aguila, announced that he was the newly elected president of Atascadero 2000. He explained the goals of the organization and offered to the Council , Planning Commission and staff the talents and expertise of its ' membership to work for Atascadero . P89SENTATION BY PAVILION ARCHITECT AND REQUESI FOR DIRECTION Andy Takata gave staff report with recommendations and introduced the architect , Ron Paige. Mr . Paige displayed for the Council and public the proposed schemes and asked the Council to give direction for 1 ) location and 2) scope and budget . Council discussion followed and all were in agreement that the Pavilion should be on the lake front . Mayor Dexter endorsed seating capacity of no less than 300 suggesting that the public be asked for input and possible fund- raising to help meet the costs. Councilman Shiers favored staying within the budget and going along with the recommendation of the Parks and Recreation Advisory Committee. Councilwoman Borgeson also supported the recommendation and stressed the need to stay within the budget . Councilmen Lilley expressed the hope of gaining public support to raise the additional funds needed to allow the City to get what it needs and not just what it can afford . Mr . Paige clarified for the Council the seating accommodations and explained what the next step would be. The City Manager asked the Council to give firm direction and after further discussion, suggested a continuance. The matter was then continued to February 27, 1990 to allow for public input . Councilman Lilley asked the press to publicize the matter in hopes of getting additional public response. Comments : Mike Arrambide, Chairman of Pavilion Committee, addressed the . Council briefly reporting that there is community support for ~ this building and commented on the design. CCl/23/90 Page 3 CONSENT CALENDAR: 1 . JANUARY 9, 1990 MINUTES 2. CITY TREASURER'S REPORT - DECEMBER, 1989 3. FINANCE DIRECTOR'S REPORT - DECEMBER, 1989 4. CLAIM OF STANLEY DeROSA - RECOMMEND DENIAL 5. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/: BIA/J. Stinchfield/D. Smith) (Cont 'd from 8/22/89 & 9/12/89) 6. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT Mayor Dexter read the Consent Calendar . The City Manager clarified effective dates on Item #5. MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to approve the Consent Calendar ; , passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE TO PERMIT CONSTRUCTION OF A SWIMMING POOL, 8170 ATASCADERO AVE. (Madrigal ) Henry Engen gave staff report with recommendation to deny the request . Lisa Schicker , City Arborist , was present and described a possible alternate site for the pool . Councilman Lilley asked the Community Development Director if the pool would require a building permit , to which Mr . Engen replied that it would as it is in-ground . The applicant , Linda Madrigal , spoke in support of the request stating that the site was the only one for the pool . The possible alternate site was not in eye ' s views from the home and the safety of her children was of concern. Lengthy Council discussion followed and Mrs. Madrigal answered many questions regarding the site, other trees in the yard and plans for heating the pool . The applicant stressed that because the trees in the yard provided a great deal of shade, the proposed site was the only one on which the pool could be built and still be economically heated . CCI/23/90 Page 4 Mayor Dexter and Councilman Shiers expressed difficulty in granting the request agreeing that it was hard to decide between a live tree and a pool . Councilwoman Mackey stated that she wished she could see the sun/shade pattern on the property before she made a decision. Councilwoman Borgeson stated that the safety of the children was of primary importance. Councilman Lilley was in favor of the request stating that the applicants were trying to make a permanent improvement with safety and energy efficient considerations. Councilman Shiers asked Mr . Engen to refresh him on the wording of the Tree Ordinance with regards to solar orientation. The Community Development Director read a portion of the Ordinance, " Inhibiting sunlight needed for either active or passive solar heating or cooling in the building of solar collectors cannot be oriented to collect sufficient sunlight without total removal of the tree. " Mr . Engen stated that while he believed that it was intended initially for buildings, no distinction was made between homes and pools. MOTION: By Councilwoman Mackey to continue the item until the tree leafs out . Motion died for lack of second . Further discussion ensued regarding the permanence of the pool and whether or not the pool could be redesigned to avoid tree removal . MOTION: By Councilman Lilley to approve the request . Died for lack of second. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to follow the recommendations of the City Arborist and deny the request to remove the tree. Councilwoman Mackey asked for clarification of the motion to which Mayor Dexter replied that the denial would be for removing the tree only. Mr . Engen expanded that if the applicant chose another site for the pool which required a tree removal , another application would be necessary, but that the Council had discretion to waive fees. Councilwoman Borgeson amended her motion by adding that fees would be waived if the applicant re- applied , Councilman Shiers agreed that this amendment was acceptable. Mayor Dexter asked for a roll call vote. The motion passed 4: 1 with Councilman Lilley voting against the denial . Mayor Dexter ' s vote was made with reluctance. Mr . Madrigal asked the Council what recourse the property owner CC1/23/9O Page 5 has, to which Mayor Dexter replied none. Comments:Public Marjorie Nidwellp 9980 Old Morro Road East , asked if public comments were to be accepted . Mayor Dexter apologized for the oversight , placed the motion on hold and reopened the discussion. Ms. Kidwell addressed the need for a concise Tree Ordinance and described her frustration over the amount of time and energy spent on this one tree. Jerry Clay, 7285 Sycamore, spoke in support of the request and added that more emphasis should be placed on the safety of the children. Linda Madrigal , applicant , made a final plea to the Council indicating that she believed her request was more than reasonable. Whitey Thorpe, 8025 Santa Ynez , declared that the City is infringing upon the property rights of the people. Mayor Dexter apologized once again to the public for not giving them the opportunity to speak and brought the discussion back to the Council . Councilwoman Borgeson made additional comments with respect to the safety of the children and withdrew her motion to deny. Councilman Shiers withdrew his second . Councilman Lilley asked the City Attorney for clarification on a point of order , to which he responded that the Council may simply withdraw or move to reconsider . Mayor Dexter asked for a substitute motion. Councilman Shiers reiterated that this was a difficult decision for the Council , that they were not trying to take any rights away from property owners, but were merely looking for a more reasonable location for the pool to avoid tree removal . MOTIONm By Councilman Shiers and seconded by Councilman Lilley to approve the tree removal ; passed 4: 1 , with Councilwoman Mackey abstaining . Mayor Dexter asked the staff to continue to put the fire under the revision of the Tree Ordinance. 2= CONSIDERATION OF REQUEST TO REMOVE TWO HERITAGE TREES TO PERMIT HOME CONSTRUCTIONw 8412 ALTA VISTA ROAD (Pyro/Sherer ) Henry Engen gave staff report with the recommendation to approve CCl /23/90 Page 6 �� �� 0 with a 2: 1 replacement . The applicant , owner-builder John Pyo , spoke in favor of the request stating that he had designed the home with the existing trees in mind . Mr . Pyo was in agreement with the protective measures to the remaining trees and stated that he was flexible with replacement , whether it be by planting on the property or by contributing to the tree fund . Lisa Schicker reported that the applicant has done as much as possible to accommodate the other trees on the site, complimented the owner ' s design and recommended approval . Mayor Dexter announced that the City Arborist conducts pre- planning consultations with property owners and urged contractors to take advantage of this service. Public Comment : Gerry Clay, of Atascadero , asked the City to use Oak trees when making replacements and in the landscaping of the Police Facility. MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to approve the request ; passed unanimously by roll call vote. 3~ CONSIDERATION OF TREE REMOVAL REQUESTn 13 OF HERITAGE STATUSw TO ALLOW FOR THE EXTENSION OF GARCIA ROAD <Langille/Pippin/Vaughn> Henry Engen gave staff report with the recommendation to deny stating there is an alternate approach which is less damaging to trees in the area and still allows access for marketing . Council discussion followed with members indicating that they were unable to identify the proposed road and therefore recommended continuance. Mr . Engen explained that it is a long distance, is not readily accessible and suggested another noticed inspection by Council and staff. Councilwoman Bor eson voiced her concerns regarding a small bridge on Garcia Road, the additional congestion on the bridge and the possibility of it giving way. Gary Sims reported that the bridge is included in the Federal Bridge Replacement Program and the goal is to have it under construction in the dry season of 1991 . He stated that the City will construct a detour during that construction. Ms. Borgeson further stated that staff should CC1/23/90 Page 7 i take advantage of the opportunity for reasonable mitigation on developmental improvements. Councilman Lilley recommended that the applicant may wish to save himself some time and work with staff on the alternative rather than continue with the present application. Don Vaughn, applicant , addressed the Council stating that after working with staff, an alternative impacting only 27 trees has been worked out . He explained that extensive costs have been incurred with the original proposal and that what he was hoping for was conceptual approval for the road alignment . The City Manager advised the Council that they must act on the present application. Mayor Dexter confirmed what was before the Council and asked the applicant to consult further with staff and come back with a concrete request . Mr . Engen reported that staff would support the alternative and clarified that the applicant was looking for some kind of positive sign from the Council that an alternative that took dramatically fewer trees would be worth pursuing. The City Manager advised that it would not be appropriate to give the applicant any indication that it would look favorably upon it without the specific plan in front of them. Mr . Vaughn debated that it has been an expensive project and he was hesitant to spend more money without any idea of whether or not the road alignment would be approved . The applicant answered Council questions regarding the posting of the trees and access to the property. Public Comments: Hugh McCaffrey, neighboring property owner , proclaimed that he had not been asked for permission to cross over his land and have his fences cut . Jack Brazeal , arborist , emphasized that the area is heavily forested and the applicant is concerned about the impact. Mr . Brazeal explained that only 27 trees would be proposed for removal with the future alignment . Mayor Dexter inquired if Mr . Brazeal had been in consultation with Mr . Engen, to which the Community Development Director stated that they had reviewed the site together . CC1/23/90 Page 8 MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to deny the request to remove trees; passed unanimously by roll call vote. Mayor Dexter called a ten-minute recess at 9:20 p .m. The meeting was reconvened at 9:30 p .m. 4. ORDINANCE NO. 198 - ZONE CHANGE 08-89p 7715/7745 SINALOA- Consideration of proposed Planned Development Overlay Zone to allow for the creation of a small lot residential subdivision (Redesigned - Reference 11/14/89 city Council Meeting ) Henry Engen gave staff report explaining that the revised site plan met with Council concerns by allowing for larger lots and more recreational space. Mr . Engen advised that the Planning Commission ' s recommendation was to approve the ordinance on first reading . Mr. Engen answered questions from the Council regarding setbacks and lot size. He reported that a roadway maintenance agreement was not an issue before them at this time. Mayor Dexter stated that it was a much improved plan and Councilman Lilley supported the Planned Development asserting that it was an innovative project . Councilwoman Mackey and Councilwoman Borgeson both indicated that they felt the lot sizes were still too small and agreed that a minimum lot size standard needs to be determined . Councilwoman Borgeson questioned whether the homes were "affordable" . Public Comments: Deborah Hollowell , representing applicant Mr . Bruce Jones, outlined features of the revised plan. She stated that the Planning Commission approved the project recognizing that a minimum lot size standard has not been established and asked the Council to support the project on its ' own merits. Ken Cave, real estate broker working with Mr . Jones, presented a hand-out (Exhibit A) to the Council displaying examples of current homes on the market and the asking prices for those properties. Mr . Cave enthusiastically supported the project stating that nothing on the market compared with the quality , size and area of the proposed Planned Development . CC1/23/90 Page 9 � � � � Bruce Jones, applicant , addressed the issue of affordability stating that he was not responsible for providing low-cost housing . He further announced that he did not create the market , but operated within a market that controls him. Mr . Jones reported that his dream began eleven months ago when he bought two lots on Sinaloa for the purpose of constructing homes under a PD to be purchased by the owners, and not a corporation. The applicant described the project as an excellent alternative to apartments and one that meets the needs of many in the buying market . He urged the Council to approve the development . Ken Marks, resident of Atascadero and real estate broker , spoke in support of the project stating that the property is already zoned for multiple family and described the PD as an upbeat alternative to apartments offering a higher quality of life. Comments:Council Councilman Shiers indicated that he was willing to support the project but not on the grounds that it provided low-income or affordable housing . He stated that while the lot sizes still seemed small , the design had been much improved and that he felt that there was a market for these homes. Councilwoman Mackey stated again that a minimum lot size determination was needed . Councilmembers Borgeson and Shiers agreed . Councilwoman Borgeson proclaimed that the concept behind the Planned Unit Development is to provide affordable housing to low and moderate income people. Councilman Lilley debated that the PUD is a land use tool to ensure appropriate development and stressed that the Council should encourage the density bonus incentive provisions of the General Plan by supporting innovative approaches to providing alternative housing . Mayor Dexter asked for a motion. MOTIONo By Councilman Lilley and seconded by Councilman Shiers to waive the reading of Ordinance No . 1/78} and approve by title only; passed unanimously by voice vote. MOTION: By Councilman Lilley and seconded by Councilman Shiers to approve Ordinance No . 1`98 on first reading ; passed 3:2 with Councilmembers Mackey and Borgeson voting No . CC1/23/90 Page 10 C. REGULAR BUSINESSs 1 . PROPOSED URGENCY ORDINANCE REs CLARIFICATION OF CREEKWAY SETBACK (see page 1 ) 2. ROAD STANDARDS A. RESOLUTION 6-90 — ESTABLISHING THAT THE ROAD CONSTRUCTION AGREEMENT DATED AUGUST 22, 1986 BETWEEN THE DEPARTMENT OF PUBLIC WORKS AND THE GORDON T. DAVIS CATTLE CO. WILL BE HONORED Mayor Dexter read a request for continuance (Exhibit B) from Mr . Davis. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to continue this item as requested ; passed unanimously by voice vote. No date was set . B. RESOLUTION NO. 7-90 — ESTABLISHING A MINIMUM ROAD STANDARD FOR THE CONSTRUCTION OF PRIVATE AND PUBLIC ROADS Gary Sims reported that staff was recommending adoption of the proposed minimum road standard and pointed out some of the design features. Mr . Sims answered questions from the Council regarding the traffic index , assessment districts and the Garcia Road extension. Public Comments: Frank Honeycutt , Twin Cities Engineering , presented an alternative road standard (see Exhibit C) and outlined its ' attributes. George Luna, 10600 San Marcos Road and speaking as an individual , commended Mr . Sims for his efforts. He asked the Council for answers to the following questions: 1 ) why has there never been a minimum road standard , (2) were roads like San Marcos not accepted by the County and City because they were put in without plans or permits and (3) what standard was used by the City to determine that on San Marcos Road each property owner should be assessed $5,000 to bring it up to City standards. Mr . Sims responded to Mr . Honeycutt ' s proposal . He stated that it was staff ' s intent to design roads for minimal maintenance and CC1/23/90 Page 11 0 0 maximum safety and observed that Mr . Honeycutt ' s proposed minimum standard is too narrow. In response to Mr . Luna ' s comments, Mr . Sims explained that staff had completed a cost estimate of bringing San Marcos Road into the City system and defined the reasons for the high costs. He stated that the City does have standards, but not formal ones. MOTIONe By Councilwoman Borgeson and seconded by Councilman Lilley to adopt Resolution 7-90; passed unanimously by roll call vote. Councilwoman Mackey stated that an exception should be made to the Circulation Element of the General Plan when dealing with trees in the right of way of the dedicated width . Mr . Sims explained that during the hearing period of the road construction precise plan process, the City Council will have to address each heritage tree that is in the way. 3. PROPOSAL FOR THE CITY OF ATASCADERO TO OPERATE THE ATASCADERO SCHOOL DISTRICT SWIMMING POOL Andy Takata gave staff report asking the Council to give direction to staff to begin the planning for the operation of the Atascadero High School swimming pool for the Summer of 1990. The City Manager cautioned the Council not to act until it knew what the liability implications would be. In response to a question from Councilwoman Borgeson, Mr . Takata explained that he did not foresee this action curtailing construction of a community pool ( to be outlined in the Recreation Element of the General Plan) . Councilwoman Mackey supported the concept . The City Manager recommended the Council continue this matter until the mid-year budget review. Mr . Takata added that the City should try it for one year and then make an evaluation. MOTIONm By Councilman Lilley and seconded by Mayor Dexter to continue the matter until the mid-year budget review and upon receipt of liability information with regard to the operation of the pool ; passed unanimously by voice vote. CC1/23/90 Page 12 4. ORDINANCE N0. 203 - AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO NON-CONFORMING USES OF LAND (Zone Change 3- B9 - City of Atascadero ) (SECOND READING: Recommend motion for adoption of Ord . No . 203 - Roll Call ) The City Manager stated that this ordinance was introduced with a unanimous vote. Henry Engen noted that there was a typographical error on the staff transmittal with regard to the ordinance number . The City Attorney advised that a motion to adopt would be appropriate. MOTIONS By Mayor Dexter and seconded by Councilwoman Borgeson to adopt Ordinance No . 203; passed unanimously by roll call vote. 5. CITY COUNCIL AGENDA FORUM The City Attorney gave his report with recommendations to : 1 ) place the reading of all second ordinances on the consent calendar , 2) placing on the consent calendar a recommendation that the City Council waive the reading in full of all ordinances and 3) an addition to all agendas language from the Brown Act which would delineate a number of alternatives that can be taken by the Council . Discussion followed regarding the reading of the ordinances and the City Manager clarified that the Council still has the flexibility of reading ordinances in full if they so chose. Councilman Lilley supported the addition of Brown Act language to the agenda. MOTIONS By Councilwoman Mackey and seconded by Councilman Shiers to adopt the City Council Agenda Forum as outlined ; passed unanimously by roll call vote. 6. SCHEDULING MID-YEAR BUDGET REVIEW (Recommend 2/13/90, 5:30 P .M. ) Mr . Windsor assured the Council that this meeting would be short and simple. He stated that there will not be any complex issues to be addressed . Mayor Dexter clarified that the regular meeting will follow. There was no objection to this meeting date. CC1/23/90 Page 13 D. INDIVIDUAL DETERMINATION AND/OR ACTION: i . City Council : Councilwoman Mackey announced a workshop , "Construction Among the Oaks" , in Arroyo Grande on the 16th of February from 8:30 a.m. until 4:30 p .m. A. Committee Re o� rtsi 1 . City/School Committee - Councilman Lilley gave his report indicating that the Committee is willing to work with the Council on the Creekway Plan. He reported that during the last meeting , there was considerable discussion about a community gymnasium and pedestrian safety at school intersections. Mayor Dexter added that he felt it was a cooperative and constructive meeting . By common consent , the Council agreed to continue past 11 :00 p .m. 2. North Coastal Transit/S.L.O. Area Coordinating Council- Councilwoman Borgeson reported on the January 10, 1990 meeting . 3. Traffic Committee - Councilwoman Mackey announced the next meeting to be January 31 , 1990. 4. Recycling and Solid/Hazardous Waste Mgt . Committees- Councilwoman Mackey announced February 1 , 1990 as the next meeting date for these two committees. 5. Economic Opportunity Commission - Mayor Dexter commented that he felt good about his relationship with the Board , that they had their financial program under control and have been involved with some creative services. 6. Finance Committee - No report . 7. Business Improvement Association (BIA) - No report . B. Downtown Steering Committee - No report . 9. General Plan Sub Committee - Henry Engen announced a possible date. 2. CITY ATTORNEY - No report . CC1/23/90 Page 14 0 ! 3. CITY CLERK - No report . 4. CITY TREASURER - No report . 5. CITY MANAGER - Announced that he would be out of town during the next regular City Council meeting . THE MEETING WAS ADJOURNED AT 11 :05 P.M. THE NEXT MEETING WILL BE FEBRUARY 130 1990 AT 5:30 P.M. MINUTE OR ND PREPARED BY: LEE DAYKA DEPUTY CITY CLERK Attachment : Exhibit A - Santa Lucia Properties (Cave) Exhibit B - Gordon Davis Exhibit C - Twin Cities Engineering CC1/23/90 Page 15