HomeMy WebLinkAboutMinutes 042490 ����
�w~ �~ Approved as Read 5/8/90
ATASCADERD CITY COUNCIL
MINUTES
APRIL 24, 1990
Mayor Dexter called the meeting to order at 7:04 p .m.
ROLL CALL:
Present : Councilmembers Lilley, Borgeson, Shiers and Mayor
Dexter
Absent : Councilwoman Mackey
Staff Present : Ray Windsor , City Manager ; Arther Montandon, City
Attorney; Henry Engen, Community Development
Director ; Andy Takata, Director of Parks,
Recreation & Zoo ; Bud McHale, Police Chief;
Gregory Luke, Public Works Director and Lee Dayka,
City Clerk
PROCLAMATIONS:
Mayor Dexter read the following proclamations:
^^Public Schools Week'" ° April 22^-213° 1990 - Mr . Bill Berry
was present and accepted the proclamation on behalf of the
Masons. Mr . Berry added that this year marks the 70th
anniversary of the Masons.
"American Home Week" , April 29 - May 5° 1990
FORUM:COMMUNITY
Larry Sherwin, 2755 Campo Road , spoke in strong opposition to the
General Plan amendment regarding creek setbacks written by
Planning Commissioner George Luna. In addition, he questioned
why a planning commissioner is not required to pay fees to
initiate a General Plan amendment .
Mayor Dexter referred Mr . Sherwin ' s question to staff and
suggested that he state his concerns in writing for consideration
during the upcoming review of the creekway issue.
Terril Graham addressed the Council regarding the issue of '
mandatory garbage collection. Mr . Graham was against this
concept claiming it to be an inappropriate, regressive form of
taxation and a violation of freedom.
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A. CONSENT CALENDAR:
1 . APRIL 10, 1990 CITY COUNCIL MINUTES
2. APRIL 199 1990 CITY COUNCIL MINUTES . (Adjourned Meeting )
3. CITY TREASURER'S REPORT, MARCH 1990
4. FINANCE DIRECTOR'S REPORT, MARCH 1990
5. RESOLUTION NO. 35-90 — DECLARING WEEDS A PUBLIC NUISANCE AND
COMMENCING PROCEEDINGS FOR THE ABATEMENT OF SAID NUISANCES
Mayor Dexter read the Consent Calendar . Councilwoman Borgeson
pulled Item #5 for further discussion.
MOTION: By Councilman Shiers and seconded by Councilwoman
Borgeson to approve the Consent Calendar with the
exception of Item #5; passed 4:0 by roll call vote.
5. RESOLUTION NO. 35-90 — DECLARING WEEDS A PUBLIC NUISANCE AND
COMMENCING PROCEEDINGS FOR THE ABATEMENT OF SAID NUISANCES
Councilwoman Borgeson asked the City Attorney to clarify whether
or not a conflict existed due to the fact that she and her
husband operate a weed abatement business. Mr . Montandon
explained that , based on his earlier conversation with Ms.
Borgeson, the income received from this service does not exceed
the amounts set forth in the Conflict of Interest Code and she
could , therefore, act on this matter .
Public Comment:
Terril Graham asked the Council for a more equitable way to
distribute weed abatement among independent contractors stating
that no single contractor can take care of the City ' s weed
abatement .
Chief Hicks responded by explaining the bid process and abatement
proceedings. He reiterated that abatement is not the City ' s
responsibility, but rather the property owner ' s. The Fire Chief
recommended that anyone offering abatement service contact the
Fire Department and have their name added to a list given out to
interested property owners.
MOTION: By Mayor Dexter and seconded by Councilwoman Borgeson
to adopt Resolution 35-90; passed unanimously by roll
call vote.
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B. HEARINGS/APPEARANCES:
1 . TENTATIVE PARCEL MAP 02-89 — CONSIDERATION OF APPEAL BY
THOMAS BENCH OF THE PLANNING COMMISSION'S DENIAL OF THE PRO—
POSED DIVISION OF AN APPROXIMATE 3.4 ACRE PARCEL INTO TWO
LOTS CONTAINING 1 . 1 AND 2.3 ACRES LOCATED AT 7503 CARMELITA
Mayor Dexter announced that Councilwoman Mackey had requested a
continuance on this item as she would be out of town. The Mayor
asked , for the record , for an update by staff.
Mr . Engen gave background indicating that the Planning Commission
had denied the proposed lot division and the applicant has
appealed that denial .
Considerable discussion followed regarding whether or not public
testimony would be heard at this time, in light of Ms. Mackey ' s
request . The City Manager clarified that this was a scheduled
public hearing on an appeal and directed Council to hear from the
applicant . The City Attorney concurred that it would be
appropriate for the applicant to address the issue of the
continuance, only.
Dorothy Bench , 7503 Carmelita, acknowledged Councilwoman Mackey ' s
desire to be present for deliberation on the appeal and requested
a continuance pending receipt of appropriate input from the
Creekway Mapping Committee.
Additional discussion ensued regarding the continuance, its '
affect on the public hearing process and on the expected time
frame fo - receiving results of the Creekway Mapping Committee.
The City Manager suggested that a status report be placed on the
next agenda to allow staff to give Council amore definitive time
schedule. Mr . Luke agreed with the City Manager stating that
establishing any time limitations at this time may prove to be
premature.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to continue the public hearing on the appeal for
a period of 60 days; passed unanimously by roll call
vote.
The City Manager noted , for the record , staff will present a
status report from the Creekway Mapping Committee at the May 8,
1990 meeting . He added that after the sixty day continuance
period , if Council still does not have the answers to all of
their questions, they will need to address the issue of further
continuation at that time.
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2. GENERAL PLAN CONFORMITY REPORT - CONSIDERATION OF PLANNING
COMMISSION'S RECOMMENDATION RELATED TO POSSIBLE ACQUISITION
OF REAL PROPERTY LOCATED ALONG ATASCADERO CREEK FOR OPEN
SPACE AND/OR RECREATION (7503 CARMELITA, LOT 1 , PM 82-839
THOMAS BENCH, OWNER)
MOTION: By Councilman Lilley and seconded by Councilman Shiers
to continue this item for a period of 60 days and to be
heard at the same time as the above appeal ( Item #B-1 ) ;
motion carried unanimously.
3. CONSIDERATION OF A REQUEST TO ESTABLISH A PLANNED DEVELOP-
MENT OVERLAY ZONE (PD-7) AND THE CORRESPONDING CREATION OF A
FOUR-LOT RESIDENTIAL SUBDIVISION AT 7955 SINALOA (Charles
Voorhis II/Richard Mitsuoka, Agent )
A. Ordinance No. 206 - Adopting PD-7 Overlay Zone
B. Tentative Parcel Map 26-89 - Approving Findings ,and
Conditions of Approval for Tentative Parcel Map
Henry Engen gave report with staff recommendations to approve the
tentative parcel map and adopt Ordinance No . 206. He explained
that a tree protection plan has been prepared on the project and
that the design has carefully incorporated the existing trees .
Mr . Engen also pointed out that the Planning Commission had added
a condition of approval (Condition #17) limiting the homes to
two-bedroom dwellings in an effort to deter conversion of the
proposed loft .
Council discussion followed regarding loft retreats and both
Councilman Lilley and Councilwoman Borgeson expressed concern
that there may be potential for exceeding the maximum density
allowable if the loft were used as a third bedroom. Mr . Engen
noted that there would be limitations in enforcing Condition #17.
Councilman Lilley stated that the City should have clear policy
on this issue.
Council discussion followed regarding the affordable housing
issue. The Community Development Director responded to questions
concerning State mandates for meeting lower priced housing goals.
Councilman Shiers commented that he was concerned that planned
unit developments may take up multi-family zones, which could
result in the City not having enough of this kind of zoning to
meet State requirements. Councilwoman Borgeson concurred ,
stating that she feared the State will require us to build more
affordable housing which may later be converted to condominiums.
Henry Engen explained that the Planning Commission is concerned
about the issue of condominium conversion and is currently doing
an inventory of the current housing market . He added that there
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may be the possibility of considering a condominium conversion
ordinance in the future.
Mayor Dexter suggested a joint study session with the Planning
Commission and the City Council to address the issue of
affordable housing .
Councilwoman Borgeson asked for legal counsel regarding the
possibility of designating affordability criteria as conditions
of approving PUD ' s in the future. Mr . Montandon stated that
there are different programs available and although not
applicable to this particular project , he indicated that
implementation would begin with the General Plan.
Public Comments :
Mrs. Cecil King , 8830 Curbaril , opposed the project stating that
it would create added traffic to an already over-crowded
situation and that four homes were too many for that corner .
Howard Gaylord , 8940 Curbaril , expressed concern about the added
impact on the sewer system. He inquired as to what the lot
sizes would be and what price range the homes would be selling
in.
The Mayor clarified that the current zoning would allow for five
2-bedroom apartments and that the request to change the zoning
could actually lower the density. Mr . Engen replied that the
purchase price would be approximately $170,000.
The applicant , Richard Mitsuoka, presented architectural
renderings and addressed the Council . He spoke in support of the
project and answered questions regarding the size of the lots and
homes, community areas, CC&R ' s, trees and drainage. He clarified
that it was his hope to provide affordable, not low-income
housing .
Additional Council discussion ensued . Councilwoman Borgeson
opposed any further PUD ' s coming before the Planning Commission
or Council until a study session can be held . She expressed
concern that the stock of affordable housing is disappearing and
further declared that she was not in support of four homes on
less than a half an acre.
Councilman Shiers stated that he does not object to the PUD
outright but will continue to look at each one individually
because he is concerned that too much of the multi-family zoning
may be converted to single family. He stated that he was not
ready to support this zone change because there was no way of
knowing whether density would indeed be increased or decreased .
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MOTION: By Mayor Dexter and seconded by Councilman Lilley to
waive the reading of the ordinance in full and approve
by title only; passed by voice vote.
MOTION: By Councilman Lilley and seconded by Mayor Dexter to
approve Ordinance No . 206 on first reading . The result
of the roll call vote was a 2:2 tie; Councilmembers
Shiers and Borgeson opposed .
The City Attorney advised that unless the Council decided to
continue to such time as the full Council could meet on this
item, a 2:2 split would represent no action.
MOTION: By Councilman Lilley and seconded by Mayor Dexter to
continue the matter until the next meeting of full
council ; motion passed 3: 1 with Councilwoman Borgeson
voting in opposition.
Henry Engen clarified the continuance date as May 8, 1990.
C. REGULAR BUSINESS:
1 . RESOLUTION NO. 47-90 — GIVING NOTICE OF THE CITY'S INTENTION
TO CANCEL ITS EMERGENCY MEDICAL SERVICES CONTRACT WITH THE
COUNTY OF SAN LUIS OBISPO
The City Manager gave his report directing the Council to the
language of the proposed resolution and highlighted his concerns.
He explained that the City does not have any input and that the
County has ultimate discretion on standards and level of service.
He stated that this was not in keeping with the spirit of
cooperation within the County and is not in the City ' s best
interest . Recommendation was adoption of Resolution No . 47-90
and , along with the other communities in the County, notify the
Board of Supervisors of the intention to withdraw from the
Contract .
Brief discussion followed .
MOTION: By Councilman Lilley and seconded by Councilman Shiers
to approve Resolution No . 47-90; passed unanimously by
roll call vote.
2. ANNUAL LEAGUE OF CA CITIES, CHANNEL COUNTIES DIVISION, MEET—
ING — JUNE 1 , 1990
Mr . Windsor reported that the main speaker at this conference
would be David Jones, who was the coordinator of a team-building
retreat Council had attended last year . He stated that this
meeting was a follow-up of that session and added that he would
like to see the City have representation. He noted that
reservations were necessary and asked Council to get back to
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staff with their intentions.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council :
A. Committee Reports (The following represents ad hoc or
standing committees. Informative status reports are
given, as necessary. ) :
1 . City/School Committee - Councilman Lilley reported that
the next meeting is planned for Thursday, April 26,
1990 at 1 :00 P .M.
2. North Coastal Transit - Councilwoman Borgeson announced
that the San Luis Obispo Regional Transit Authority has
started soliciting admissions for a new logo design and
color scheme for the newly consolidated transit system.
3. S.L.O. Area Coordinating Council - Councilwoman
Borgeson gave a report regarding the 3/16/90 meeting of
this committee which discussed transit needs, funding
for bike path development and an update of the Bikeway
Element of the Regional Transportation Plan.
In addition, she explained that she and Councilman
Shiers as members of the Supplemental Task Force have
continued to meet since December 1989 and will be
reviewing the current draft of the Public Opinion Poll
on the 1/2 Cent Sales Tax .
4. Traffic Committee - No report .
5. Solid/Hazardous Waste Mgmt. Committee - No report .
b. Recycling Committee - No report .
7. Economic Opportunity Commission - Mayor Dexter reported
that this committee was moving full steam ahead and
addressing issues of the homeless. He also commended
the Head Start Program.
B. H. I .A. - No report .
9. Downtown Steering Committee - Henry Engen announced the
Downtown Master Plan Presentation Special Meeting as
May 10, 1990 at 7:00 p .m.
10. General Plan Subcommittee - Mr . Engen reported that
copies of the General Plan will be distributed and that
the sub-committee has asked for a study session between
the Council and Planning Commission. He clarified that
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this would not be a public hearing . No date was set .
2. City Attorney
Mr . Montandon announced that he had been appointed to the
committee to draft the Municipal Law Handbook for the California
City Attorneys Association.
3. Police Chief
Chief McHale gave an update on the construction of the new police
facility.
4. City Clerk - No report .
5. City Treasurer - No report .
6. City Manager
Mr . Windsor reported that salary negotiations have begun with the
employee groups. He requested that the Council create a
subcommittee of two of its ' members to look at his own,
individual contract . Mayor Dexter appointed Councilmen Shiers
and Lilley, who both accepted .
7. Director of Parks, Recreation & Zoo
Andy Takata announced two special events calendared for Sunday,
April 29th : The 3rd Annual Criterium Race in Sunken Gardens and
the opening of the Serval Cat Exhibit at the Charles Paddock Zoo .
THE MEETING WAS ADJOURNED AT 8:54 P.M. TO THE NEXT REGULAR
MEETING OF THE CITY COUNCIL ON MAY 8, 1990 AT 7:00 P.M.
MIND S RECOFPED AND PREPARED BY:
LEE DAYKA, -City CYIerk
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