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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. CC4/24/90 1 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. CC4/24/90 2 • 0 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. CC4/24/90 3 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 CC4/24/40 4 i 0 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 . CC4/24/90 5 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 CC4/24/90 6 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 CC4/24/90 7 0 0 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 CC4/24/90 8