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HomeMy WebLinkAboutMinutes 091190AAT-LT"-/9/90 !�t"�ENpA iTEM/ A.. -.1 _.,. ATASCADERO CITY COUNCIL MINUTES SEPTEMBER 11, 1990 The meeting was called to order at 7:09 p.m. by Mayor Lilley. Councilman Dexter led the Pledge of Allegiance. ROLL CALL• Presents Councilmembers Shiers, Dexter, Borgeson, Nimmo and Mayor Lilley Also Present: Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Henry Engen, Community Development Director; Andy Takata, Director of Parks, Recreation & Zoo; Greg Luke, Public Works Director; Gary Sims, Senior Civil Engineer; Lisa Schicker, Natural Resource Specialist; and Bud McHale, Police Chief. SPECIAL PRESENTATIONS: Mayor Lilley presented plaques of appreciation to outgoing Planning Commissioners, Geri Brasher and Jaime Lopez-Balbontin. Ms. Brasher was present to accept and thanked the Council for allowing her to serve. The City Clerk accepted the plaque for Mr. Lopez-Balbontin, who had another commitment. The mayor also made special presentations to outgoing Parks & Recreation Commissioners, Judith McKrell and John Harris; who were both present to accept. PROCLAMATIONS Mayor Lilley read the following proclamations "Good Neighbor Months", September - December, 1990 (United Way/Neighbors Helping Neighbors) "Emergency Medical Services Week", September 16-22, 1990 (Emergency Medical Services Agency) CC9/11/90 Page 1 COMMUNITY FORUM: 9 Robert D. Hoggatt, 8931 Palomar, expressed concern over recent traffic incidences involving children in his neighborhood. He stated that, on many residential streets, there are no signs posted indicating "children present" or speed limits and that many motorists speed. Mr. Hoggatt reported that he,had made a previouscomplaint earlier in the year and that the matter had not been put before the Traffic Committee. He recognized that the committee would be looking at the issue at their September 19, 1990 meeting, but added that he wanted Council to be aware of the situation. Mayor Lilley referred to a letter and petition received from Mr. Hoggatt and confirmed that the item would be discussed at the next Traffic Committee Mayor Lilley then stated that he had been requested to take item C-1 out of order and asked for a motion: MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to move to item C-1; motion unanimously passed. C REGULAR BUSINESS: 1. REQUEST AUTHORIZATION TO SOLICIT BIDS FOR THE LAKE PAVILION FINAL PHASE (Construction) A presentation, with architectural drawings, was given "by Ron Page. Mr. Page reported that the Pavilion construction was being broken down into two phases with two separate bids. He requested that Council authorize staff to solicit bids for Phase I (Grading and Retaining wall) and that the bids be formally opened on September 14, 1990. The architect noted that the advantage would be that contractors bidding on Phase II (Pavilion Building Constructions would be able to see the graded building site. Mr. Takata announced that the architectural renderings would be on display for the public to view during the break. Mr. Page explained that there had been an increase in costs due to the addition of fire sprinklers, engineering costs attributed to results of a soils test, site improvements for the revised parking lotandwalkway landscaping. Councilwoman Borgeson stated concern for going over -budget on the project Mr. Page stated that the community had established the CC9/11/90 Page 2 • 61 scope and that Council could still decide not to go with the project. Public Comments: Eric Greening, 7365 Valle, asked if any thought had been given to using passive solar heat to reduce energy requirements. Mayor Lilley responded that he could pose that question to Mr. Page during the break., Sarah Gronstrand, 7620 Del Rio Road gave an update on the fundraising efforts of the Friends of the Lake Park Pavilion Committee. She also announced a benefit barbeque planned for Saturday, September 29, 1990 MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to authorize staff to solicit bids for the construction of Phase I of the Atascadero Lake Pavilion; motion passed 5:0 by roll call vote. A. CONSENT CALENDAR• 1. AUGUST 14, 1990 CITY COUNCIL MINUTES (Cont'd from 8/28/90) 2. AUGUST 23, 1990 SPECIAL COUNCIL MEETING MINUTES (Interviews Planning Commission) 3. AUGUST 30, 1990 SPECIAL COUNCIL MEETING MINUTES (Interviews Parks, Recreation & Zoo Commission) 4. LOT LINE ADJUSTMENT 12-90, 7600 EL RETIRO/7555 MIRA FLORES- Lot line adjustment between two existing lots of record resulting in the reduction in size of_an existing non -con- forming lot (Ferguson/Johnson/Central Coast Engineering) 5. AUTHORIZE RECRUITMENT FOR TWO TRAFFIC COMMITTEE MEMBERS 6 AWARD BID FOR NEW ACCOUNTING SYSTEM HARDWARE Mayor Lilley read the Consent Calendar. Councilwoman Borgeson_ pulled Item A-6. The City Manager noted a correction to A-3, Minutes of the August 30, 1990 Special Meeting. MOTION: By Councilman Dexter and seconded by Councilman Shiers to approve the Consent Calendar as amended and with the exception of A-6; motion carried. CC9/11/90 Page 3 6. 0 AWARD BID FOR NEW ACCOUNTING SYSTEM HARDWARE Mark Joseph gave the staff report recommending that Council award Hornbuckle Engineering the bid for a PC Network to be installed at City Hall. He then responded to questions from Council. Councilwoman Borgeson noted that the lowest bidder (Coastal Computers) was a local firm and opposed to staff's request to award the bid to someone else. Councilman Shiers stated that although he had originally had the same concerns, now recognized that the added factor of the maintenance agreement was what ultimately swung the low bid in favor of Hornbuckle rather than to Coastal Computers. Mr. Joseph answered additional questions relating to deficiencies of the current system and its' resale. Councilman Dexter and Mayor Lilley both spoke in support of the Finance Director's recommendation. Councilwoman Borgeson indicated that her vote on the matter would put on record her opinion that the award should be given to the local firm. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to authorize staff to award the bid for new accounting software to Hornbuckle Engineering; motion carried 4:1, with Councilwoman Borgeson voting in opposition. B. HEARINGS/APPEARANCES: 1. THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING PENDING LITIGATION (GORDON DAVIS ROADS) MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to adjourn to a closedsession for the purposes of discussion relating to pending litigation regarding the so-called "Gordon Davis Roads"; motion unanimously passed. THE MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:10 P.M. The meeting was reconvened the open session at 8:32 p.m. 2. GORDON T. DAVIS ROAD AGREEMENTS A. RESOLUTION NO. 111-90 ACKNOWLEDGING CONDITIONAL ACCEPTANCE OF THE-"GORDON DAVIS ROADS" INTO THE CITY - MAINTAINED ROAD SYSTEM CC9/11/90 Page 4 Mayor Lilley read the full text of proposed Resolution 111-90 and explained that "Exhibit C" was a set of maps which set-T-o—HE the details. Public Comments: Joan Okeefe, 9985 Old Morro Road East, asked for a definition of an "improvement security". Mayor Lilley responded that the improvement security, 1) provides Mr. Davis with some options to allow the precise plan exemption to come presently into affect and 2) gives the City some assurance that should Mr. Davis not complete the roads in accord with the agreement, that the City will have the resources (by either a bond or a cash deposit) to do so itself. The mayor added that if Mr. Davis chose not to put forward any kind of security to ensure the performance of the work,- the precise plan requirements would remain in affect until the roads are completed and accepted by the City. Mrs. okeefe asked if the figure had been arrived at or whether the amount was yet to be negotiated. The City Manager explained that the City had only just received the maps (Exhibit "C") and that staff had to generalize the costs. He added that Mr. Davis was in the hospital recovering from surgery and, although he had agreed in concept, the amount had not been finalized. Mrs. okeefe asked if the details of the agreement and the list of improvements would be available to the public. Mr. Windsor assured that it was all public record and that staff would be available to interpret it. George Wolfrank, 5561 Tunitas, urged Council to give serious consideration to the Atascadero Colony roads and ensure that night -of -ways are maintained for the public. Mayor Lilley remarked that Council has begun a very aggressive approach to resolving the issue of title and the status of those roadways involving Wells Fargo Banka He stated that the matter is _currently under negotiations between the City Attorney and wells Fargo. MOTION: By Councilman Nimmo and seconded by Councilwoman Borgeson to adopt Resolution 111-90 with staff directed to establish conditions for specific plans within the 1983 and 1986 Agreements consistent with Exhibit "C"; motion carried 5:0 by roll call vote. CC9/11/90 Page 5 Mayor Lilley recognized John McCarthy, North Coast Engineering, and publicly thanked him for his efforts. B. CONDITIONING OF PRECISE PLANS AFFECTED BY THE GORDON T. DAVIS ROAD AGREEMENTS The City Manager acknowledged that the staff report had not been distributed and read the staff recommendation. He then clarified that the City needs to be assured that the work will be done; that the applicants for the appeals (Items B-3 and B-4) can either wait until the work is done (with the conditions remaining on their applications); and/or Mr. Davis can give the security and the conditions will be removed. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to grant the appeals on Precise Plan 28-90 and 70-90; and return to staff to set appropriate conditions in accord with Resolution No. 111-90; motion unanimously passed by roll nail vote. 3. PRECISE PLAN 28-90 - APPEAL BY JOHN FALKENSTIEN OF ROAD IM- PROVEMENT CONDITION OF PRECISE PLAN, 8705 SANTA CRUZ ROAD (Cont'd from 8/28/90) Granted, see above motion. 4. PRECISE PLAN 70-90 - APPEAL BY ROBERT GARDNER OF ROAD IMPROVEMENT CONDITION OF PRECISE PLAN, 14405 SANTA ANA ROAD (Cont'd from 8/28/90) Granted, see above motion. 5. TENTATIVE TRACT MAP 2-90 - APPEAL BY MICHAEL S. KROUT ON BEHALF OF RICHARD MONTANARO OF PLANNING COMMISSION DENIAL OF PROPOSED TRACT MAP (CONDOMINIUM CONVERSION), 11145 EL CAMINO REAL (Cont'd from 8/28/90 at applicant's request) Henry Engen gave background on the application and reported that both the Planning Commission and the City Council have requested an inventory of the ,extent to which rental housing had been converted to condominiums and that this has been done. Mr. Engen noted that the applicant had not wanted the matter continued pending receipt of such data and that staff had been directed by the Planning Commission to corse back with findings for denial, which had been appealed. Mr. Engen highlighted the findings for denial and gave statistical data relating to the amount of rental units CC9/11/90 Page 6 0 0 available. The Community Development Director then responded to questions from Council regarding density and design guidelines. Mayor Lilley asked the City Attorney for a determination regarding regulation of conversions absent an ordinance. Mr. Montandon stated that condominium conversion subdivision maps have special statutes which regulate their processing and that when there is an existing structure, the normal findings whereby the City can deny a map are not applicable. He advised that the application could not be denied for General Plan inconsistencies because there currently are no applicable general or exact plans which contain objectives and policies specifically directed to the conversion of existing buildings into condominium projects. In addition, Mr. Montandon stated that the City could not impose conditions relating to density and design review criteria without a condominium conversion ordinance. Councilman Dexter asked the City Attorney if there were any conditions of approval that could be added to this specific application for conversion to address concerns relating to fire sprinklers, soundproofing, etc. Mr. Montandon advised that staff was currently researching what conditions could be imposed, but -added that there was little that could be added in the way of reconstruction. Lengthy discussion followed. There was a consensus of the Council to proceed with a condominium conversion ordinance in order to preserve housing stock and give staff direction to come back with an urgency ordinance for the interim. The City Attorney advised that Council should request a moratorium ordinance to allow staff time to prepare the conversion ordinance MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to refer the matter to staff for the development of a condominium conversion ordinance; and pending the presentation and possible adoption of that ordinance, staff also be directed to come back at the next regular meeting with an ordinance creating a moratorium on future conversions until adoption of the conversion ordinance. Discussion of the motion followed. The City Attorney reported that the Plann Commission would be looking at three four -unit projects with applications for conversion at their next meeting. Mr. Engen expanded by giving background and noted that each had been designed to be condominiums. He further explained that there were no cases that would CC9f11/90 Page 7 displace residents. Councilwoman Borgeson stated that she did not have a problem with this kind of application as -they were already in the pipeline and originally designed as condominiums; Councilman Shiers concurred. Mr. Montandon asked for an exemption of these applications from the moratorium ordinance. Council agreed. Councilman Dexter asked if the moratorium ordinance could be immediately brought into affect. Mr. Windsor explained that it could not, that there must be a noticed public hearing and that the ordinance would require a 4/5 vote for passage. A roll call vote was taken on the motion; carried 5:0. At this time, discussion was directed back to the matter of the appeal by Michael Krout on behalf of Richard Montanaro. Public Comments: Michael Krout, attorney, sited legal case studies and _noted that the law was clearly on the appellant's side.Speaking in support of the conversion, he stated that the benefit of occupant ownership is being overlooked and that this project would meet the needs of the market and the community. Linda Anderson, 11165 Fl Camino Real ##G, also spoke in support of the conversion reporting that she would like to own her place of residence. Mr. Krout pointed out that if an attempt is made to impose criteria other than what would normally be applicable to similar housing, than the ability to offer the units at the current asking price would be impinged upon. Henry Engen responded to questions from Council relating to water meters, landscaping, drainage, covered parking and a homeowner's association. MOTION: By Councilman Shiers and seconded by Councilman Nimmo to approve the appeal and refer the matter back to staff for appropriate conditions; motion unanimously passed. 6. HERITAGE TREE REMOVAL REQUEST, 9215 LAKEVIEW, FOR PURPOSES CC9/li/9Q Page 8 OF SINGLE-FAMILY HOME CONSTRUCTION (Clark) Henry Engen gave staff report with the recommendation to approve the removals of one pine and one oak with a two for one replacement of each tree. Lisa Schicker, Natural Resource Specialist, noted that the oak to be taken was a Blue Oak and that a same species could not be located. She explained that any native oak would be acceptable. Public Comments: Barry Clark, applicant, spoke in favor of the removal stating he was in agreement with the recommendations. Eric Greening, 7365 Valle, objected to the use of red tape on trees to be saved. Ms. Schicker explained that the revised Tree Ordinance would specify red for removal and yellow or orange for protection. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve the request to remove two trees at 9215 Lakeview subject to replacement requirements recommended; motion passed. 7. HERITAGE TREE REMOVAL REQUEST, 14400 EL MONTE, AS PART OF AN APPLICATION FOR PRECISE PLAN 69-89 FOR THE PURPOSES OF HOME CONSTRUCTION (Ranallette Resubmittal) Mayor Lilley introduced the matter explaining that this was a resubmittal of a previously denied application. Brief discussion followed regarding policy relating to resubmits. The City Attorney noted that time frames would be addressed in the revised Tree ordinance. Henry Engen gave background and staff recommendation to adhere to the denial. Councilman Nimmo announced that he was in support of reversing the decision. Councilwoman Borgeson noted that the applicants had not taken up the offer of the neighbors to donate land for the septic system. Councilman Nimmo stated that it was unreasonable to put a leach field on someone else's property. Councilman Dexter reiterated previous concerns for vehicular access to the rear of the lot but added that he was not prepared to reverse his original decision to grant the request. CC9/11/90 Page 9 Public Comments Ann Ranallette, applicant, stated that she believed her request was reasonable and necessary. She added that the neighbors should not have more say in the matter than she. Alfred Clarke, architect, spoke in favor of the request and added that the engineer was also present to respond to questions. Whitey Thorpe, 8802 Santa Ynez, urged Council to allow property owner's the use of their own land. ,loan Okeefe spoke in opposition to the request, stating that the home design should blend in with the contours of the land. Steve Casler, 11400 S1 Monte, strongly opposed the tree removals noting that accommodations could be made` without sacrificing the trees. He reiterated previous statements that he had complied during the construction of his home and sought only that his neighbors do the same. Eric Gobler, 9110 Atascadero Avenue, reported that he was the engineer and clarified requirements of the septic system. Councilwoman Borgeson asked Mr. Gobler if he had ever consulted with the City Arborist. He stated that although he personally had not, the architect had. Rick Sekerman, 11245 El Monte, proclaimed that this issue would be a test for the City Council and stressed that the public needs to know what the Tree Ordinance requires. Councilman Shiers _stated that the Zoning Ordinance dictates what one can do with their property, not the neighbors, and that everyone is subject to the ordinance; that it is there to protect property rights. He asserted that he was convinced that it is possible to design and put a house on that property without having to remove the trees and added that he saw no reason to change his vote to deny the request. Councilwoman Borgeson concurred and stated that the City has a law and announced that she was going to support enforcing it. Mayor Lilley indicated that, under the current ordinance, the issue was what was reasonable under the circumstances. He added that he did not believe it was a violation of the law to approve the tree removal request. MOTION: By Councilman Nimmo and seconded by Councilman Dexter CC9/11/90 Page 10 • 0 to reconsider the request to remove two heritage trees in connection with Precise Plan 69-89; motion carried 3:2 with Councilman Shiers and Councilwoman Borgeson voting in opposition. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve the removal of two heritage trees in connection with Precise Plan 69-89 with a two to one ratio plus two additional trees for the one tree illegally removed; motion passed 3:2 with Councilman Shiers and Councilwoman Borgeson voting against. C. REGULAR BUSINESS: 1. REQUEST AUTHORIZATION TO SOLICIT BIDS FOR THE LAKE PAVILION - FINAL PHASE (Construction) See previous action taken (Pages 2-3). 2. AFFIRMING RESCHEDULING OF RECYCLING COMMITTEE INTERVIEWS FOR THURSDAY, SEPTEMBER 13TH, 5:00 P.M. A. CONSIDERATION OF EXEMPTING THE RECYCLING COMMITTEE SELECTION FROM RESOLUTION NO. 35-81 B. CONSIDERATION OF INCREASING THE NUMBER OF RECYCLING COMMITTEE MEMBERS Ray Windsor, City Manager, gave the staff report. Brief discussion followed. There was a consensus of the Council to direct staff to amend Resolution 5-90 (RecyclingCommittee By -Laws) and expand the body by appointer all applicants to the committee. Interviews previously set for September 13, 1990 were cancelled. 3. SET STUDY SESSION FOR. ROAD POLICIES & STANDARDS The Community Development Director requested that Council set their study session for Thursday, September 20, 1990 at 4:00 p.m. Councilman shiers asked that the meeting begin at 4:30. By common consent, the study session was set for that date and time. Councilman Nimmo asked if staff was ready to classify the roads. The City Manager indicated that it was. 4. SET JOINT STUDY SESSION(S) WITH PLANNING COMMISSION CC9/11/90 Page 11 Mr. Engen suggested the date. It was agreed that the joint session would be set for Thursday, October 4, 1990 at 4:30. Mayor Lilley asked the Community Development Director to share with the Planning Commission the reason that Council had reversed the decision on the Montanaro appeal. Mr. Engen indicated that he would. At this time, the City Manager asked if Council would agree to meet for a brief special meeting on Monday, September 17, 1990 at 5:00 p.m. to award the bid of the Lake Pavilion Project - Phase I and requested that Council adjourn to that session. D. INDIVIDUAL_DETERMINATION AND/OR ACTION: 1. City Council: A. Comittee Reports (The following represents ad hoc or standing committees. Informative status reports were given, as follows) 1. City/School Committee - Mayor Lilley announced the next meeting date as September 27, 1990. 2. B.I.A. The City Manager asked that the mayor review the draft agreement with David Smith for the downtown parking lot. Councilwoman Borgeson,reported that she had read about a portable plastic shredder used for recycling and noted that she wanted to pass the information on to the Public Works Director. Mayor Lilley announced that he had received an invitation from Maggie Rice, Colony Days Chairperson, to submit an entry in the parade and turned the matter over to Mr. Windsor. Additionally, the mayor reported that he would be attending the Mayor's Meeting on September 27, 1990 and asked that if any of the councilmembers had items for discussion at that meeting to let him know. The City Manager noted that he, too, would be attending. Councilman Dexter related that he had represented the City, at the mayor's request, at Atascadero State Hospital and offered to share with other members information he brought back with him. 2. City Attorney - No report CC9/11/90 Page 12 4. City Treasurer Muriel Korba referred to a memo directed to Council regarding interest earnings with Mid -State Bank. She reported that she was seeking retroactive interest because the bank had not informed the City about checking account options. The City Treasurer also explained that investment funds had been transferred to a State account where they will earn 8.5% interest. She expressed concern about the investment policy as it relates to authority of who is responsible for City funds going- in or out of any account and suggested that there be some restraints. Additionally, Ms.. Korba urged Council to be aware of the investments, current worth, construction funds, etc. and asked if there was a consensus from the Council as to their interest. Council concurred that the information was of concern to them. 5. City Manager Mr. Windsor gave the dates for the Annual League of California Cities Conference and reminded Council to let his office know if they were to be attending in order tomeet registration deadlines. Additionally, he noted that the conference would conflict with a regular meeting and asked that Council consider holding that meeting on October 30, 1990 instead. He added that he would come back with this matter formally on the next agenda. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to adjourn to September 17, 1990 at 5:00 p.m. for the purpose of awarding the contract for Phase I of the Lake Park Pavilion; motion unanimously passed THE MEETING WAS ADJOURNED AT 10:23 P.M. MINVTW LRECORD PREPARED BYIrn Clerk CC9/11/90 Page 13