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HomeMy WebLinkAboutMinutes 032691 APPROVED AS SUBMITTED 4/23/91 ATASCADERO CITY COUNCIL MINUTES MARCH 26, 1991 The City Clerk called the meeting to order at 7:07 p.m. Councilwoman Borgeson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Dexter and Nimmo Absent: Mayor ProTem Shiers and Mayor Lilley Also Present: Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Henry Engen, Community Development Director; Greg Luke, Public Works Director; Andy Takata, Director of Community Services; and Bud McHale, Police Chief Acknowledging the absence of both the mayor and mayor protem, the City Clerk asked the present members to elect an acting mayor. MOTION: By Councilwoman Borgeson to nominate Councilman Dexter as acting mayor; Councilman Nimmo seconded the nomination. Motion carried unanimously by voice vote. PROCLAMATIONS: Acting Mayor Dexter read the following proclamations: "Earth Day Celebration", April 6-21, 1991 "Week of the Child", April 6-12, 1991 "California Earthquake Preparedness Month", April 1991 COMMUNITY FORUM: Robert Johnson, 8181 San Dimas Lane, Project Engineer for Caltrans on the proposed re-routing of Highway 41 extended a formal invitation to the Council to attend an open-house sponsored by Caltrans to present to the citizens of Atascadero the proposal to extend Highway 41. The meeting, he reported, was scheduled for Thursday, March 28, 1991 from 3:00 to 8:00 p.m. on the fourth floor of City Hall. CC3/26/91 Page 1 A. CONSENT CALENDAR: Acting Mayor Dexter read the Consent Calendar as follows: 1. FEBRUARY 26, 1991 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT - FEBRUARY, 1991 3. FINANCE DIRECTOR'S REPORT - FEBRUARY, 1991 4. NOTICE OF RESIGNATION OF JOHN EDENS, JR. FROM BUILDING & CONSTRUCTION BOARD OF APPEALS and REQUEST OF CITY CLERK TO RECRUIT FOR REPLACEMENT 5. RESOLUTION NO. 25-91 - AUTHORIZING APPLICATION FOR STATE HISTORICAL PRESERVATION GRANT MOTION: By Councilman Nimmo and seconded by Councilwoman Borgeson to approve the Consent Calendar; motion unanimously passed 3:0. B HEARINGSIAPPEARANCES: 1. TENTATIVE PARCEL MAP 18-90, 7970 SINALOA AVE. - Consideration of Conditions of Approval (Best/Cuesta Engineering) Henry Engen reported that this matter had been referred to staff and was now back to Council to consider the conditions of approval. He noted two errors on the copy of Ordinance No. 217 in the agenda packet; one of which was a paragraph stating that the Planning Commission had recommended approval, when in fact they had recommended denial. The second flaw, he pointed out, was in the reflection of the roll call vote (the copy erroneously showed passage by unanimous approval) . Councilwoman Borgeson stated that she wanted the record to show that the vote had been 3:2 with Councilmembers Shiers and herself voting in opposition. The City Manager attested that the original ordinance had reflected the proper vote. In response to questions from Councilwoman Borgeson, Mr. Engen reported that the specific project' s total lot size was approximately 3,000 square foot, or 1/4 acre. He related that there was consensus on the Commission that parent lots should be a minimum of 1/2 acre. In addition, he acknowledged that although there had been a number of conversions to date, there were none in the pipeline at present. CC3/26/91 Page 2 Public Comment: Deborah Hollowell, agent for the applicant on the project, confirmed concurrence with the conditions of approval and availed herself for questions. Bob Johnson, Planning Commissioner, emphasized that the Planning Commission was unanimous in recommending 1/2 acre zoning for Planned Developments and urged the Council to send the matter back to the Commission for reconsideration in light of this recommendation. Councilman Nimmo asserted that the Council had already approved the project and objected to referring it back to the Planning Commission. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adopt the revised Conditions of Approval for TPM 18-90. Councilman Dexter asked for legal counsel. The City Attorney advised that Council may approve as presented, but cautioned that because of provisions of the Permit Streamline Act, the Planning Commission could not impose any new conditions should the Council refer it back for modifications. A vote was called for. Motion carried 2: 1 with Councilwoman Borgeson voting in opposition. 2. ZONE CHANGE 6-90/TENTATIVE TRACT MAP 30-90, 5160/5180 PALMA AVENUE - Request to establish a Planned Development Overlay Zone (PD) and to allow subdivision of two Colony lots into six lots ranging in size from 5,194 square feet to 6,958 square feet each. (Hazard/Tartaglia-Hughes) : A. Ordinance No. 219 - Amending Map 16 of the official zoning maps by rezoning certain real property at 5160 and 5180 Palma Ave. from RMF/10 to RMF/10 (PD7) (Recommend motion to waive reading in full and approve on first reading by title only) B. TTM 30-90 - Approve, subject to the Planning Commission's Findings and Conditions of Approval Henry Engen presented background and gave the staff report recommending approval. He answered questions relating to density and lot line adjustments and emphasized that this proposal would allow for the creation of individuallotsfor each home. CC3/26/91 Page 3 Public Comment: Kris Hazard, applicant, expressed agreement with the recommen- dations and urged Council to approve the project. Councilwoman Borgeson, noting concurrence with the comments of Planning Commissioner Robert Johnson on Item #B-1, stated that the Council should have the opportunity to look at the Planning Commission recommendations for Planned Unit Development standards before approving the project. MOTION: By Councilwoman Borgeson to send the matter back to the Planning Commission for reconsideration in light of the new standards being proposed. Discussion followed relating to procedure. The City Attorney interjected that if Council decides to send the matter back to the Planning Commission it should also send back the ordinance. If the ordinance is adopted as introduced, he explained, there would be limitations on conditioning the tentative map. Motion died for lack of a second. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to waive the reading of Ordinance No. 219 in full and approve by title only; motion carried 2:1 with Councilwoman Borgeson voting No. Mr. Montandon apprised that because the above motion had not passed unanimously, the ordinance must be read in full. Acting Mayor Dexter read the Ordinance No. 219 in full. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve the ordinance on first reading; motion carried 2:1 with Councilwoman Borgeson in opposition. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve Tentative Tract Map 30-90 subject to the Planning Commission's Findings and Conditions of Approval; motion passed 2:1 with Councilwoman Borgeson opposing. A short recess was called at 8:OO p.m. The meeting reconvened at 8:06 P.M. C. REGULAR BUSINESS: 1. DRAFT SIGN ORDINANCE - CHAMBER OF COMMERCE REQUEST FOR CITY TO CONSIDER PROPOSED SIGN ORDINANCE CC3/26/91 Page 4 Bill Mazzacane, Director of the Atascadero Chamber of Commerce, presented for City Council consideration a comprehensive rewrite of the City' s Sign Ordinance. He gave an overview of the proposed legislature emphasizing the significant amendments being suggested by the Chamber's Sign Ordinance Committee. Councilman Nimmo recognized the work of the Chamber's committee and voiced support for integrating recommendations from both this committee and the Downtown Sign Committee. Councilwoman Borgeson noted that she favored Staff Recommendation #1, which would direct staff to compare the present ordinance to the proposed ordinance presented by the Chamber. There were no public comments. MOTION: By Councilwoman Borgeson to direct staff to prepare a straight forward comparison of this document with the existing ordinance for Planning Commission consideration. Councilman Nimmo asked the Community Development Director for a status report on the work of the Downtown Sign Committee. Mr. Engen stated that the first and only meeting of this committee had been to receive the Chamber's draft. Councilwoman Borgeson withdrew her motion agreeing with Councilman Nimmo Is suggestion that Council wait until the City' s committee has had an opportunity to go over the Chamber's re-write and make its' own recommendations. By common consensus, the matter was continued until the efforts of both the Downtown Sign Committee and the Chamber of Commerce's Sign Committee have been integrated into one document; which will be brought back to Council for their review before referred to the Planning Commission for public hearing. 2. WATER ISSUES A. Informational Memos B. Cooperative Agreements with tater Company Councilwoman Borgeson proposed that these matters be continued until full Council was present and to a date after results of the water study being conducted by The Morro Group has been received. Mr. Windsor noted that the results were tentatively scheduled for the second meeting in April. Councilwoman Borgeson urged that cooperation with Atascadero Mutual Water Company be continued. The City Manager concurred that it CC3/26f91 Page 5 would. By consensus, Council continued the matter until results of the water study have been received and reviewed. 3. TRAFFIC SIGNAL INSTALLATIONS ON MORRO ROAD A. Authorization to borrow Federal Aide Urban (FAU) funds from Grover City, Paso Robles and, possibly, Morro Bay to provide local match for three signals on Morro Road B. Resolution No. 26-91 - Approving and authorizing execu- tion of a Cooperative Agreement between the City and the State of California for the installation of (3) traffic control devices (Hwy. 41 @ Atascadero Ave. , Hwy. 41 @ Portola Rd. , and Hwy. 41 @ Curbaril Ave. ) Greg Luke, Public Works Director, gave the staff report recommend- ing approval for the transfer of FAU funds. Councilwoman Borgeson reported that she had received many calls from the public urging a stop signal at the intersection of Highway 41 (Morro Road) and San Gabriel Road and inquired whether or not additional funds could be available. Mr. Luke explained that, at his request, Caltrans had completed a second study of that intersection and it had not qualified for the 50/50 matching grant. Brief discussion followed regarding use of FAU funds. Staff urged Council to take immediate action on the resolution to avoid losing the opportunity to receive the funds. MOTION: By Councilwoman Borgeson and seconded by Councilman Nimmo to adopt Resolution No. 26-91 approving and authorizing execution of a Cooperative Agreement between the City of Atascadero and the State of California for the installation of traffic control devices; motion unanimous. By consensus, the mayor was directed to send a letter to the corresponding members of the communities in which the funds would come expressing appreciation. D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing committees. Informative status reports were be given, as follows. ) : CC3/26/91 Page 6 I. City/School Committee - Councilman Nimmo reported that this committee had met and shared concerns relating to SB2557. 2. North Coastal Transit/S.L.O. Area Coordinating Council Councilwoman Borgeson gave a full report of the meeting of March 13, 1991 at which time the Overall Work Program was approved. In addition, the Area Council reviewed matters relating to State transit funding and unmet transit needs, the Clean Air Plan and the Bikeway Element. She also reported that the Council had drafted the Transportation Plan Vision Statement and noted that minutes of the Area Council are available. 3. Traffic Committee - Councilman Dexter reported that this committee had met and recommended action on items for a future Council agenda. 2. City Attorney - No report 3. City Clerk - No report 4. City Treasurer Ms. Korba reported that two recent articles in the Atascadero News had quoted her as making statements that were not made by her. She added that charts she had submitted to Council were misinterpreted and that she had submitted a statement in hopes that it would be printed to ensure truthful, accurate information. 5. City Manager - No additional reports. Additional Reports from Staff: Police Chief, Bud McHale, reported that he had just come from a meeting of the Board of Supervisors where he and others repre- senting the Coalition for Cooperative Government had provided a strong showing of opposition to SB2557. The Board, he announced, on a 4:1 vote had decided to implement provisions of SB2557 in concept, but had set fees relating to property tax collection at zero and suspended fees relating to schools and booking fees. Chief McHale stated that the matter will be addressed again on May 14, 1991 and, in the meantime, the Board of Supervisors has asked the Coalition to work with County staff in putting together recommendations for alternative financing. The meeting was adjourned at 9:90 p.m. until 3:00 p.m. , Friday. April 5, 1991, for ,a Closed session discussion regarding property purchase, personnel and potential litigation matters. At approximately 4:30 p.m. , the Council will convene in Open session CC3/26/91 Page 7 for a workshop to include discussion on the Five-Year City Capital Improvement Program, the status of SB169 and possible strategies, and an update on the City's roads policy. MINUTES -RECOEDEP AND PREPARED BY: i L Y , C ty lerk CC3/26/91 Page 8