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HomeMy WebLinkAboutMinutes 1127900Approved as Submitted 12/11/90 ATASCADERO CITY COUNCIL NOVEMBER 27° 1990 Mayor Lilley called the meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Councilman Shiers. CALL:ROLL Present: CounciImembers Shiers, Nimmo, Dexter and Mayor Lilley Absent: Councilwoman Borgeson Also Present: Lee Dayka, City Clerk Staff Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Henry Engen, Community Development Director; and Bud McHale, Police Chief Mayor Lilley read the following proclamations: — "Bill of Rights Day and Week", December 15» 1990/ December 9-15, 1990 "1991 — The Year of the Lifetime Reader" There were no individual Council or public comments. APPROVAL OF CHANGE ORDERS FOR THE POLICE FACILITY (Cont'd from 11/13/90) The City Manager introduced the matter and explained that he had met with Councilwoman Borgeson before she left town in an effort to address her concerns. ` Rod Levin, architect, summarized the change orders and responded to questions from Council. CC 11/27/90 Page 1 • Public Comment: • Sarah Gronstrand, 7620 Del Rio Road, indicated that she was puzzled why the additional expenditures were not approved by the Council before hand. She stated that the architect should be entirely conversant with State requirements. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve the change orders for the Police Facility in the amount of $67,477.00; motion carried 4:0. A. CONSENT CALENDAR: 1. NOVEMBER 131 1990 CITY COUNCIL MINUTES 2. RESOLUTION NO. 122-90 - AMENDING RESOLUTION NO. 9-86 RELATING TO THE IMPLEMENTATION OF THE AMAPOA-TECORIDA DEVELOPMENT IMPACT FEE 3. TENTATIVE PARCEL MAP 23-87, 11605 SAN MARCOS - Request of a time extension in order to complete the required conditions of approval (Vaughan) 4. TENTATIVE TRACT MAP 39-87, 9240 VISTA BONITA - Request of a time extension in order to complete the required conditions of approval (Frederick/Cuesta Engineering) 5. TENTATIVE PARCEL MAP 10-90, 10480 & 10660 SANTA ANA - Request to subdivide two existing lots of 28.37 acres into four lots containing approx. 7.01 and 7.16 acres (two lots of each size) (Catalina Oaks II/Vaughan Surveys) 6. TENTATIVE TRACT MAP 21-909 9375 MUSSELMAN - Request to sub- divide one lots into six airspace condominiums and a common area (Backer/Cuesta Engineering) Mayor Lilley read the Consent Calendar. Councilman Nimmo pulled item A-4. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to approve items A-1, 2, 3, 5 and 6; motion carried 4:0. 4. TENTATIVE TRACT MAP 39-87, 9240 VISTA BONITA - Request of a time extension in order to complete the required conditions of approval (Frederick/Cuesta Engineering) Councilman Nimmo indicated that he had a residual financial CC11/27/90 Page 2 0 • interest in property adjacent to the above and, after receiving counsel from the City Attorney, would be stepping down. MOTION: By Councilman Dexter and seconded by Councilman Shiers to approve the time extension as recommended by the staff report; motion carried 3:0. B. HEARINGS/APPEARANCES: 1. TREE REMOVAL REQUEST, ARDILLA ROAD (Staff Requests Continu- ance) A. Consideration of appeal by Joan Okeefe of Negative Declaration posted for proposed extension of Ardilla Road B. Consideration of tree removals to permit extension of Ardilla Road to Graves Creek Road Mayor Lilley indicated that because of personnel changes, staff had requested a continuance. Mr. Windsor recognized the presence of Joan Okeefe and Bill Barnes and the fact that the matter was noticed as a public hearing. He added that it would be appropriate for Councilwoman Borgeson to be present for deliberation. Mayor Lilley opened the floor for public comment. There were none. Ms. Okeefe indicated that she had no objection to a continuance. MOTION: By Councilman Dexter and seconded by Councilman Shiers to continue the matter until the first regular meeting in January, 1991; motion unanimously passed. It was noted that the meeting date would be January 8, 1991. 2. TREE REMOVAL REQUEST, 9600 SAUSALITO, FOR PURPOSES OF HOME CONSTRUCTION (Lisa Jones -Osten) Henry Engen gave staff report with the recommendation to approve with a 2:1 replacement. A brief discussion followed. Councilman Nimmo asserted that the lot was already covered with trees and it was absurd to ask the applicants to plant two more. Councilman Dexter suggested that the trees be placed on public property. CC11/27/90 Page 3 • Public Comment: • James Patterson, arborist, spoke on behalf of the applicants and in support of the tree removal request. He stated that the staff report was misleading in that the property did have open space for planting and that the applicants were willing to replace on- site. MOTION: By Councilman Shiers and seconded by Councilman Dexter to approve the tree removal request as recommended by staff; motion unanimously passed. 3. TREE REMOVAL REQUEST, 8505 SANTA CRUZ, FOR PURPOSES OF HOME CONSTRUCTION (Steil) Henry Engen reported that the request was for removal of one heritage tree and three others to allow construction of a single- family home. He noted that the applicants were seeking relief from the 2:1 replacement condition because compliance would pose a financial hardship on them. Public Comment: Neil Steil, applicant, spoke in support of the request. He indicated that there were already many trees on the site and would be willing to donate trees to another location in the City. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to approve the request to remove one heritage tree and three others for the applicants Neil and Georgianna Steil; motion unanimously carried. 4. CONSIDERATION OF REVOCATION OF CITY BUSINESS LICENSE #90216, R&S PLUMBING, 8052 CRISTOBAL (Continued from 9/25 & 10/30/90) Mr. Engen reported that the Brards had moved from the Cristobal site and had submitted a new business license application for operations from their new place of residence. He asked that the matter be referred back to staff for processing. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to refer the matter back to staff; motion carried. 5. TENTATIVE TRACT MAP 2-90, 11145 EL CAMINO REAL - CONSIDERATION OF APPEAL BY MICHAEL S. KROUT ON BEHALF OF RICHARD MONTANARO OF CONDITION OF APPROVAL (SEPARATE WATER CC11/27/90 Page 4 METERS) PROPOSED BY THE PLANNING COMMISSION IN ORDER TO CONVERT 64 MULTI -FAMILY RENTAL UNITS TO AIRSPACE CONDOMINIUMS Henry Engen noted that staff had received a letter from the Atascadero Mutual Water Company late in the day regarding this appeal (see Exhibit A). Mr. Krout, he explained, was requesting a break so that he could consult letter with the applicants. The mayor called for a recess at 7:50 p.m. The meeting was reconvened at 8:10 p.m. Michael Krout, attorney for the applicants, requested a continuance until the meeting of February 12, 1991 and noted that he was willing to waive any time requirements that would be imposed upon the City in processing the map application. Mr. Engen confirmed that there would not be a problem with the proposed time frame. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to adhere to the request and continue the matter until February 12, 1991; motion carried 4:0. C. REGULAR BUSINESS: 1. AUTHORIZE PURCHASE OF PHOTOCOPIER FOR POLICE DEPARTMENT Chief McHale gave the staff report and recommendations. He noted that the copier would be an outright purchase and that maintenance was included in the bid price. Councilman Shiers commended the police chief for his research and written support for the recommendation. There were no public comments. MOTION: By Councilman Shiers and seconded by Councilman Nimmo to authorize the bid award to More Office Systems of San Luis Obispo for the purchase and maintenance of one Canon copy machine for the police department at a combined cost of $10,168.13; motion unanimously passed by roll call vote. 2. UNDERGROUND CONVERSION OF UTILITIES The City Manager reported that the original Undergrounding Committee met in 1986 and came up with a priority list. He stated that the initial project targeting the downtown had been CCI 1/27/90 Page 5 0 ! completed and stated that it was timely to reactivate the committee and reaffirm support for the next project. In addition, he reviewed the committee membership and pointed out appropriate changes. Councilman Nimmo and Councilman Shiers both expressed that they were comfortable with the priorities established. Brief discussion followed. Henry Engen suggested that a Caltrans representative be appointed to the committee. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to reaffirm the undergrounding priority ranking and re- establish the Undergrounding Committee to be composed of representatives from PG&E, Pacific Bell, Falcon Cable and Caltrans; motion unanimously carried. 3. REQUEST TO MEET AT 6:00 P.M. DECEMBER 11TH FOR CREEKWAY MAP- PING STUDY SESSION The following motion was made: MOTION: By Councilman Dexter and seconded by Councilman Nimmo to convene at 6:00 p.m. on December 11, 1990; motion carried. D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: Mayor Lilley announced that the Tree Lighting Ceremony would be held on the steps at City Hall on December 3, 1990 at 7:00 p.m. A. Committee Reports - The following informative status reports were given: 1. City/School Committee - The City Manager reported that this committee would meet in December. 2. North Coastal Transit/S.L.O. Area Coordinating Council The City Manager indicated that Councilwoman Borgeson would have a report at the next meeting. 3. Recycling Committee - Councilman Shiers announced that the subcommittee on green waste would meet Thursday, November 29, 1990. CC11/27/90 Page 6 4. Economic Opportunity Commission - Councilman Dexter reported that the 75th anniversary celebration would be held on December 14, 1990 at the San Luis Obispo offices. 5. B.I.A. - The City Manager reported that the downtown parking lot had become a reality and that the next step would be landscaping. Brian Sword, Streets Department, was commended for his leadership. In addition, Mr. Windsor thanked Dave Vega, PG&E, for his cooperation in moving a street lamp. The City Manager also reported that the necessary wiring for accommodating street lamp decorations had been completed and again recognized Brian Sword and Dave Vega for their efforts. 2. City Attorney Mr. Montandon gave a status report on annexation fees relating to the Cayucos-Seperado Assessment District. The City Attorney explained that annexations fees totalling over $100,000 were now due, but indicated that he was not recommending any penalties for late payments or any liens imposed. He indicated that the matter would be coming back to Council. 3. City Clerk - No report. 4. City Treasurer - No report. 5. City Manager Mr. Windsor reported that the "Gordon Davis Roads" project had been completed and proposed that the Council take another field trip to look at the improvements. He proposed that such a trip might also include a site visit to the San Marcos Road extension (Dick Davis roads) and asked Council for direction. Mayor Lilley asked the City Manager to meet with staff to determine what kind of transportation would be needed and report back. Mayor Lilley reported that he had received a number of calls from merchants requesting relief during the holidays from requirements of the sign ordinance and suggested that the matter be addressed on a future agenda. The Public Works Director, upon request of Councilman Shiers, gave a brief status report on the repair work in the downtown as a result of the construction of a stop intersection at West Mall CC11/27/90 Page 7 and E1 Camino Real and reported that the project was being managed by Caltrans. The City Manager recognized the presence of two sales representatives from Copytron who had come to address the bid award for the police department copier. He explained that he had recommended that they arrive at a specific time but due to the fact that the meeting had moved along rather quickly, the matter had already been acted upon. Mayor Lilley stated that the staff report had been reviewed, the recommendation had been made and the award approved. He explained that the vote could not be reconsidered and suggested that the representatives give an informal presentation to any interested members of Council. The mayor stated that the Council will reserve the right to reconsider the matter. MOTION: By Councilman Shiers and seconded by Councilman Nimmo to adjourn to a closed session for the purpose of discussions relating to personnel; motion unanimously carried. The meeting was adjourned to closed session at 8:45 p.m. The closed session was adjourned at 9:10 p.m. The next meeting will be a joint session of the City Council and the Planning Commission to receive the Draft Fiscal Analysis and to discuss possible acquisition of Stadium Park. Said meeting to be held on November 29, 1990 at 6:00 p.m. in the Rotunda Room, City Hall Administration Building. MINUTES RECORDED AND PREPARED BY: LEE DAY , City dlerk Attachment: Exhibit A (Atascadero Mutual Water Company) CCI 1/27/90 Page B r CC11/27/90 (EXHIBIT A) v ` 5005 EL CAMINO REAL + 'P.O. BOX 6075 • ATASCADERO, CA 93423 (805) 466-2428 A. TAsCADEROMUTUAL WATER COMPANY ESTABLISHED 1913 November 26, 1990 RECE'VEE) NOY 2 7 f990 City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 Attention: Mr. Henry Engen - Community Development Director Re: 11145 E1 Camino Real Condominium Conversion Dear Mr. Engen: I have contacted our legal advisors, Sinsheimer, Schiebelhut and Baggett, Inc. for comments regarding the above condominium con- version appeal. The firm would not comment on the City's specific authority to require individual metering, however, Atascadero Mutual Water Co. can make this requirement. Excerpts from the attorneys' response are as follows: "An apartment house need not have separate meters since it is the owner of the apartment house, not the tenants, who owns the AMWC located capital stock. However, there is no "overall" owner of a condominium complex. Each unit is separately owned. To obtain service from AMWC, AMWC can require that each unit owner be an AMWC shareholder and that each be separately metered. We have reviewed Mr. Krout's letter of October 29,1990 addressing this subject. It is Mr. Krout's position that the City of Atascadero cannot specifically require separate water meters as a condition of approval. We offer no opinion on whether the City has this authority. However, as Mr. Krout concedes in his letter, AMWC is a private water company which is entitled, under its bylaws, to impose its own rules and requirements as to the use and distribution of its water. Accordingly, AMWC could require, that separate meters be in- stalled for each unit as a condition of providing water service even if the City lacks such authority. - Mr. Krout's chief concern appears to be that'the City must treat apartments and condominiums the same. We assume that Mr'Henry Engen, Cif Atascadero page 2 the City conditions approval of new construction on the builder meeting AMWC's service requirements. The City would be acting in a consistent manner if it imposed the same requirement on the proposed conversion." We would therefore request that the Council deny the appeal and uphold the Planning Commission's recommended conditions of approval. Sincerely yours, Robert E. Hamilton SUPERINTENDENT REH/pm