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HomeMy WebLinkAboutMinutes 081490 Approved as writter 0,/11/90 ATASCADERO CITY COUNCIL MINUTES AUGUST 140 1990 Following a closed session for the purpose of discussions regarding pending litigation, property acquisition, potential litigation and employee negotiations, Mayor Lilley called the regular meeting to order at 7:22 p .m. The Pledge of Allegiance was led by Councilman Dexter . ROLL CALLS Present: Councilmembers Shiers, Borgeson, Nimmo , Dexter and Mayor Lilley Also Present : City Treasurer , Muriel Korba and City Clerk , Lee Dayka Staff Present : Ray Windsor , City Manager ; Arther Montandon, City Attorney; Henry Engen, Community Development Director ; Mark Joseph , Administrative Services Director ; Andy Takata, Director of Parks, Recreation and Zoo ; Bud McHale, Police Chief; Mike Hicks, Fire Chief; Greg Luke, Public Works Director ; Lisa Schicker , City Arborist , Gary Sims, Senior Civil Engineer Mayor Lilley asked , that in light of discussions held in closed session, for a motion to continue items B-1-A. MOTIONS By Councilman Nimmo and seconded by Councilwoman Borgeson to continue item B-1-A until the next regular meeting ; motion unanimously carried . Mayor Lilley reported that the Council would be meeting in closed session on August 29, 1990 at 5:00 p.m. to address certain matters that pertain to roads in the City and stated that all issues would be best served by continuing the hearing . The City Manager requested that Council treat item B-3 in the same way. He noted that this matter was an appeal by staff related to potential action by Council on the road standards policy. CCB/14/90 Page 1 MOTIONm By Councilman Dexter and seconded by Councilman Dexter to continue item B-3 until the next regular meeting ; motion carried 5:0 by voice vote. COMMUNITY FORUM: Eric Greening, 7365 Valle, noted that the State Legislature suspended portions of the Brown Act governing the posting of agendas 72 hours before a public meeting and asked the Council to affirm their attention to abide by those practices as a valued tradition, even if they are no longer required by law. The City Manager indicated that he was in receipt of a circulator from the League of California Cities urging all communities in the state to abide by the spirit of the Brown Act . Mayor Lilley assured the public that the Council would continue to live up to the standards of open government . Kelly Gearhart , applicant for lot split on 7675 Bella Vista ( item B-3) , demanded an explanation for continuance of the matter . He expressed opposition to putting the matter over , relaying background and asked why his project was the only one being held up . Mayor Lilley explained that the Council had unanimously voted to continue the matter because it relates to current road issues and reminded Mr . Gearhart that time limitations to address the appeal had not been exceeded . The City Manager gave support to the mayor ' s comments, stating that fundamental policies must be resolved before specific cases can be addressed . Mr . Engen confirmed that the appeal had been heard within the 30 days required and reported that there would not be a problem with delaying the matter for two weeks. The City Attorney concurred and reassured Mr . Gearhart that he is not the only one being delayed and that his project is not an integral part of the policy. He stated that resolution of matters pertaining to potential litigation may impact the road standards and policies that will eventually be adopted by the City Council . Mr . Montandon added that complexity could be avoided and consistent policy provided by continuing the matter . A. CONSENT CALENDARa 1 . MINUTES OF BUDGET HEARINGS HELD JUNE 259 27, 28 & JULY 5, 1990 CCB/14/90 Page 2 i � r 2. JULY 11 , 1990 SPECIAL COUNCIL MEETING MINUTES (Study Session) (Cont ' d from 7/10/90) 3. JULY 24, 1990 CITY COUNCIL MINUTES 4. RESOLUTION NO. 101-90 - ADOPTING THE FIRST AMENDMENT TO THE POSITION ALLOCATION SCHEDULE FOR THE CITY OF ATASCADERO 5. CREATION OF A DOWNTOWN TASK FORCE 6. RESOLUTION NO. 102-90 - AUTHORIZING AT&T EASEMENT FOR BURIED CABLE 7. AUTHORIZATION TO PURCHASE THREE PATROL VEHICLES THROUGH STATE COOPERATIVE PURCHASE PLAN B. AUTHORIZATION TO CLOSE EL CAMINO REAL BETWEEN ROSARIO & TRAFFIC WAY, NOON TO 3:00 P.M. , AUGUST 250 1990 Mayor Lilley read the Consent Calendar . The City Clerk pulled item A-1 for continuance. Councilman Dexter pulled item A-5 for further discussion. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve the Consent Calendar absent items A-1 and A- 5; motion carried 5:0 by roll call vote. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to continue item A-1 , Minutes of Budget hearings held June 25, 27, 28 and July 5, 1990; motion unanimously passed . 5. CREATION OF A DOWNTOWN TASK FORCE The City Manager reported that staff ' s recommendation was to hold in abeyance the creation of a Downtown Task Force and Coordinator pending final action on the Downtown Master Plan by the City Council after public hearings before the Planning Commission and Council . He stated that while he agreed with the request from the B. I .A. to move forward , the implementation of the task force was out of sequence. Mayor Lilley concurred. MOTION: By Councilwoman Borgeson and seconded by Councilman Nimmo to follow staff recommendations relating to the creation of the Downtown Task Force; motion unanimously carried . CCB/14/90 Page 3 B. HEARINGS/APPEARANCE5e 1 . CONSIDERATION REe ADOPTION OF POLICIES RELATED TOe A. ADOPTING ROAD STANDARDS AND POLICIES — RESOLUTION NO. 103-90 Item Continued to August 28, 1990. B. SIDEWALK/WALKWAY IMPROVEMENT POLICIES Greg Luke, Public Works Director , gave an overview of his staff report and highlighted departmental recommendations. Lengthy Council discussion and questions followed relating to Mr . Luke 's staff report . Councilman Dexter commented upon materials used for construction of sidewalks and the incorporation of a sidewalk master plan. Mayor Lilley suggested that the "Walk to School " program be incorporated into the Circulation Element . Councilwoman Borgeson stated that she was opposed to assessing an " in-lieu fee" because it might create bookkeeping problems as it relates to inflation. Mr . Luke responded that adjustments will have to be made periodically and commented that monies would be spent within the fiscal year . Mayor Lilley commended Mr . Luke for the detailed , thoughtful approach . Public Comments: Mike Arrambide, 7243 Del Rio Road, expressed concern that developers still be given present alternatives relating to road and right-of-way improvements. In addition, he stated that he hoped that if a developer paid into a sidewalk fund , that sidewalks would be constructed somewhere else in the City. The City Attorney advised that the City can charge a property a fee only if it creates an impact that can be addressed and that the use of the fee can be city-wide. Mr . Montandon also stated that the update of the Circulation Element would provide the basis by which to assess the fee. In addition, he reported that recent legislation requires that the fee be used within five years for the purpose it was received . CCB/14/90 Page 4 • 0 Eric Greening , 7365 Valle, stated that he was encouraged to see the Council take a flexible approach on the sidewalk issue. He suggested that if streets are to have a sidewalk on only one side, that those walkways be consistent to avoid the need for pedestrians to change sides of the street in order to use the sidewalk . Additionally, he asked if any consideration was being given to the needs of those in wheelchairs. Nathan Koren, 7365 Valle, referred to a book "Landscaping for the Disabled" and stressed the need for access in other areas besides schools. Sarah Gronstrand, 7620 Del Rio Road, referred to Palma Avenue and asked how sidewalks could be created on streets as narrow as it is. Paul Washburn, 8250 San Rafael , spoke in support of a master plan to allow property owners to know what is required of them. He suggested that the City hire a consultant to help with this process and urged that each street be defined and looked at as it relates to trees, widths, etc . Kris Hazard , 10060 Atascadero Avenue, agreed that a master plan is needed to outline individual streets and make recommendations for multi-family zoning. Discussion came back to Council . Councilwoman Borgeson referred to items #4 and #5 of Mr . Luke ' s Summary and Conclusions and noted she was uncomfortable with staff ' s projection and with giving authority to make determinations to the Public Works Department . Mr . Nimmo stated that he believed it would be more reasonable to make determinations based on zoning rather than on the stage of development . The Public Works Director explained that although a master plan is optimum, it is yet unavailable, and stated that he was attempting to provide an alternative approach . The City Manager noted that language in the staff report could be amended in item #5 of the "Summary and Conclusions" as follows: "Staff ' s determination will be based on topography, public safety considerations and the current , as well as potential level of development in the area. " He added that staff will be coming back with a formal resolution for Council adoption. CCB/14/90 Page 5 Each Councilmember reiterated their own personal desires to see safe pathways completed while maintaining the rural character within the City. Councilman Shiers commented that his overall impression was that the recommendations were good and allowed for flexibility. Councilman Dexter suggested that primary applications for walkways be allowed to construct berms with decomposed granite and than later , when the block became more developed , full concrete sidewalks with curbs and gutters be installed . MOTION: By Councilman Nimmo and seconded by Councilman Dexter to direct staff to come back to Council with a resolution in accord with the recommendations of the staff report as amended by the insertion of the words "as well as potential " ; motion carried 5:0 by roll call vote. 2. APPEAL PLANNING COMMISSION'S DENIAL OF PRECISE PLAN 74-89 CONDITION REQUIRING CURB, GUTTER AND SIDEWALK AT 5160 PALMA AVE. - JIM & KRIS HAZARD (Fisher/Washburn) (Cont 'd from 7/24) The City Manager noted that because of the previous action on item B-1-B, this matter would conform to the policy approved by Council and asked for affirmation. Councilman Nimmo asked the applicants if they were agreeable to payment of an in-lieu fee of X25/linear foot . Paul Washburn, 8250 San Rafael and agent for the applicant , asked for clarification. The Public Works Director defined the requirements for the applicant explaining that he would be asked to control the drainage and that he could opt to pay an in-lieu fee instead of installing the curb , gutter and sidewalk . Mr . Washburn said that he was in agreement . Councilwoman Borgeson noted for the record that she was not in support of the in-lieu payment process. She stated that the City should make a decision whether they want sidewalks or not . Mr . Windsor clarified that the policy is predicated on the assumption that curb , gutter and sidewalks will be required in multi-family zones and stated that the intention of the in-lieu payment is to establish a future fund sufficient to put in enough CCB/14/90 Page 6 curb , gutter and sidewalks that make sense. He added that the fund can be used for other types of walkways and the money must be used for that purpose. Councilwoman Borgeson reiterated her concerns for the funds actually being used to construct walkways. The City Manager noted that there was really no difference between this kind of fee and other development fees already established . MOTIONS By Councilman Nimmo and seconded by Councilman Dexter to grant the appeal . Discussion on the motion ensued. Councilman Shiers asked for clarification of the motion and stated that he could not vote for it because it does not deal with the staff recommendations to revise the conditions and policies adopted . Councilman Dexter concurred and withdrew his second . Councilman Nimmo stated that he made the motion to grant the appeal waiving in-lieu fees and requirements to provide curb , gutter and sidewalk because he did not feel that the City had it ' s act together yet . Motion failed for lack of second . MOTION: By Councilman Shiers and seconded by Councilman Dexter to follow the recommendations of staff and revise conditions 4-A, 4-B and 4-C to reflect the policy to be adopted as discussed ; motion passed 4: 1 with Councilman Nimmo voting in opposition. 3. APPEAL BY CITY STAFF OF THE ROAD IMPROVEMENT CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION, 7675 BELLA VISTA (Gearhart/Sierra Vista) This item was continued to August 28, 1990. Mayor Lilley called for a short recess at 8x38 p.m. The meeting was reconvened at 9s05 p.m. 4. APPEAL BY ED BIAGGINI III OF PLANNING COMMISSION'S CONDITIONS OF APPROVAL RELATIVE TO REDUCING DENSITY, PROVIDING OUTDOOR RECREATION SPACE, NOT ACCEPTING THE ACCESS ROAD AND REQUIRING RESIDENTIAL FIRE SPRINKLERS -- C.U.P. 5- 891 10700 EL CAMINO REAL CCB/14/90 Page 7 Henry Engen gave staff report indicating that the applicants were appealing the Conditions of Approval relative to reducing density, providing outdoor recreation space, not accepting the access road and requiring residential fire sprinklers at 10700 E1 Camino Real . Staff ' s recommendation was to deny the appeal and uphold the Planning Commission ' s approval of the Conditional Use Permit application based on the Conditions of Approval . There were no questions from Council . Ed Biaggini , 5240 Chauplin and applicant , spoke on behalf of his appeal giving background on his project . He stated that the target market for his homes was to individuals with moderate income, expressing the desire to provide affordable housing . He explained that the proposed project is single-family residential stressing that the development is not a mobile home park . Mr . Biaggini emphasized that the homes have been designed to provide a large yard space. Additionally, the appellant stated that if he reduced the project by four homes, the individual price for each home would increase. Mr . Biaggini continued that he could see no reason for staff to reverse its ' recommendation regarding accepting the access road into the city-maintained system because it is a cul-de-sac . Additionally, he claimed that he saw no reason to form a homeowner ' s association. The applicant also remarked that the fire station is in visible view from the project noting that response time would be short and opposed installing fire sprinklers in each home. Mr . Biaggini asked the Council if it wanted to set a precedence for requiring all single-family homes to be constructed with fire sprinklers. Don West , architect for the project , also spoke in favor of the appeal debating the need for sprinklers and described potential construction materials. Mr . West supported the comments of the applicant and maintained that the project is proposed to be single-family dwellings. The architect and applicant responded to questions from the mayor relating to maintenance of the entrance, mutual open space and center divider . Mr . Biaggini noted that each homeowner would be required to maintain the portion of the center strip located in front of his home and reported that he would use low maintenance, drought-resistant landscape materials. There were no public comments. Discussion came back to Council . Gary Sims, Senior Civil Engineer , responded to questions from CCB/14/90 Page 8 0 0 Councilman Nimmo relating to the access road and its ' acceptance as a city street . Mr . Sims noted that the issue was not the cost of maintenance, but rather that the road requires more intense oversight than the City normally provides. Mr . Luke stated that the original applicant reported that he had been told by staff that the street would be a city street and added that he regrettably did not have specific documentation to support why he was told that . He related that first the road was recommended to be a public street and that later staff recommended that it be a private street . He noted that the road is very characteristic of a private street . Councilman Nimmo voiced his concern that instances may exist where staff makes recommendations to the Planning Commission and is then asked to change their professional judgement . Mr . Nimmo pondered if this was the case with this particular project . Mr . Sims responded that he believed the circumstances were part of the evolution of attempting to set a road policy for the City. He stated that there has been a dramatic change in the way staff has dealt with road issues and an effort is being made to come up with a logical classification and way to approach roads in a standardized manner . The Community Development Director responded to questions from the mayor relating to density and affordable housing . Mr . Engen reported that the zoning does call for a planned development , elaborated on allowable units per acre and related open space requirements. Additionally, Mr . Engen answered questions from Council regarding lot size and commended the architect for the kind of private open space he had designed . Councilman Dexter spoke in support of staff ' s recommendations for a homeowner ' s association and common open space. Councilwoman Borgeson voiced concern that homeowners may use the street for additional parking . Chief Hicks gave support for staff ' s recommendations for providing fire sprinklers noting the possible fire hazard associated with one home located directly next to another . He added that it was important to build in fire protection and offered to meet with the architect to discuss design modifications. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to uphold the Planning Commission ' s approval of CCB/14/90 Page 9 • 0 Conditional Use Permit 5-89 based on the revised conditions of approval adopted July 3, 1990 and deny the appeal ; motion unanimously passed . C. REGULAR BUSINESS 1 . WATER PLANNING REPORT The City Manager gave his report and recommended that in the near future the City sponsor a symposium on water as a means of better informing officials and residents on the various issues. Councilwoman Borgeson asked Mr . Windsor if the problem was an operational problem or a problem of not having enough water . The City Manager responded that it could have been a little of both . Ms. Borgeson continued that she would have preferred to have the water company address the Council as a courtesy to the City. She reiterated that she would like to see more communication between the City Council and Atascadero Mutual Water Company and noted that there was not a representative from the water company present . She asked whether or not an invitation had been extended ; Mr . Windsor confirmed that they had indeed been invited . 2. SOUTHERN PACIFIC R.R. TREE REMOVALS ON RIGHT-OF-WAY The City Attorney gave background and report . Mr . Montandon noted that the matter had been researched by associates in Los Angeles from the firm that represents the City and that he agreed with their conclusion. He reported that the City is preempted by State Law in regulating tree cutting in the railroad right-of- way and added that the issue is essentially a private matter between the lessee and the railroad company. Councilwoman Borgeson noted that she had requested this matter be placed on the agenda to generate Council comments, although she did not feel there was any thing the City could do . She reiterated her displeasure for the act . Mayor Lilley and Councilman Shiers both expressed distress for the way in which the incident was handled; noting that it had not been done in a sensitive manner . The City Manager suggested that he draft a letter to the railroad . Council consensus was in support of his recommendation. There were no public comments. CCB/14/90 Page 10 0 0 3. SET DATE TO HEAR CONSULTANT PRESENTATION OF DRAFT FIRE MASTER PLAN Chief Hicks gave his report noting that he wished to formally present the Draft Fire Master Plan to the City Council . He stated that it was a good plan and that he had conferred with the consultant who was agreeable to the proposed dates. Council consensus was to select September 25th at 6:00 p .m. for the presentation. Chief Hicks noted that copies are available for Council review, but that there would be a cost of duplication for copies requested by members of the public . The City Manager indicated that there would be copies available for public review in the City Clerk ' s Office, at the library and fire house. 4. SET CANDIDATE INTERVIEW DATE(S) : PLANNING COMMISSION, PARKS & RECREATION COMMISSION, RECYCLING COMMITTEE Mr . Engen gave recommended dates for special meetings to interview candidates for three advisory bodies. The Community Development Director indicated that Council was also being asked to make their appointments to each commission/committee following the interviews. Brief discussion followed . Council concurred with recommended dates as follows: Planning Commission interviews - Thursday, August 23, 1990; Parks & Recreation Commission - Thursday, August 30, 1990 Recycling Committee - Thursday, September 6, 1990. It was agreed that the meetings would begin at 5:00 p .m. rather than at 3:00 as had been proposed . D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports The following represents ad hoc or standing committees. Informative status reports were given as follows: 1 . Recycling Committee - Councilman Shiers reported that the committee had met and would be coming to Council on the 28th of August with a special presentation CC8/14/90 Page 11 regarding mandatory garbage collection and curbside recycling . Consensus was to begin the meeting with the Recycling Committee ' s report at 6:00 p .m. before the commencement of the regular meeting at 7:00 p .m. Mayor Lilley urged staff to publicize the special presentation. It was confirmed that the public is encouraged to attend the meetings and that minutes are on record in the City Manager ' s office. 2. Economic Opportunity Commission - Councilman Dexter announced the next meeting date as Thursday, August 23, 1990. 3. Downtown Steering Committee - Mayor Lilley reported that the committee had received proposals for authentic reproductions of period street lights to be erected in front of City Hall and asked for approval to move forward . Council consensus was for such approval . The mayor related that the movie, "My Blue Heaven" would open on Friday, August 17th . Police Chief McHale announced that on Saturday, August 25, 1990, there would be a "Block Party" and official opening ceremonies for the new police facility. Councilman Dexter further announced that Maggie Rice would be retiring from the Chamber of Commerce effective September 1 , 1990 and noted that he was looking forward to meeting her replacement . 2. City Attorney - No report . 3. City Clerk - No report . 4. City Treasurer - No report . 5. City Manager - No report . MOTION: By Mayor Lilley and seconded by Councilman Dexter to adjourn to closed session for the purpose of discussing potential litigation regarding road policies on August 15, 1990 at 5:00 p .m. in the Club Room. Motion unanimously passed . THE MEETING WAS ADJOURNED AT 10e37 P.M. CCB/14/90 Page 12 MINUTE ORD ND PREPARED BYs LE YKA ity aerk CCB/14/90 Page 13 , a