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ATASCADERO CITY COUNCIL
MINUTES
APRIL 9, 1991
The meeting was called to order by Mayor Lilley at 7:02 p.m. The
Pledge of Allegiance was led by Councilman Dexter.
ROLL CALL:
Present: Councilmembers Borgeson, Nimmo, Shiers, Dexter
and Mayor Lilley
Absent:
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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, Community Services Director; Lt.
Bill Watton, Police Department and Gary
Kaiser, Assistant Planner
COUNCIL COMMENT:
Councilwoman Borgeson complimented Andy Takata and his staff for
the attractive appearance of the Traffic Way Ballfields. In
addition, she stated that she would like to see Council committee
reports given at the beginning of each meeting so that more of the
public could be present to receive the status reports.
On another matter, Councilwoman Borgeson reported that she had
received a complaint relating to the installation of a GTE Mobile
cellular receiving station on Santa Ana Road. She proposed that
construction of this nature be subject to a Conditional Use Permit.
The City Manager noted that staff was aware of the situation and
would be coming before the Council with just such a recommendation
at the next regular meeting.
Brief discussion ensued relating to meeting format. By common
consensus it was decided to move Committee Reports up after
Community Forum recognizing that Individual Determinations would
remain at the end of the agenda.
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PRESENTATIONS AND PROCLAMATIONS:
Mayor Lilley recognized the work of H. John Edens, Jr., outgoing
member of the Building & Construction Board of Appeals. Mr. Edens
was not present to accept the plague of appreciation and the Clerk
was asked to see to it that it was received.
Alan Metzler, Assistant Director of Community Services and Zoo
Manager, and Mr. George Beatie, President of the Zoological
Society, presented the Zoo Accreditation Plaque to Mayor Lilley.
Mayor Lilley read the proclamation for "National Library Week",
April 14-21, 1991.
In addition, Mayor Lilley read a letter from Dave Transportation
Services, Inc. to Greg Luke, Public Works Director, notifying him
that the Atascadero Dial -A -Ride was awarded the First Place Award
of Excellence.
COMMUNITY FORUM:
George Highland, 7275 Carmelita Avenue, expressed concern relating
to the lack of a hearing schedule on the General Plan Update.
Henry Engen, Community Development Director, responded that the
firm of Crawford, Multari & Starr was presently preparing the draft
Environmental Impact Report and indicated that he anticipated
hearings would begin in the Summer of 1991.
Carol Ball, local resident and realtor, remarked that she had
appreciated the open forum presented by Caltrans on the proposed
Highway 41 extension.
A. CONSENT CALENDAR:
Mayor Lilley read the Consent Calendar, as follows:
1. MARCH 12, 1991 CITY COUNCIL MINUTES
2. RESOLUTION NO. 27-91 - AUTHORIZING THE PUBLIC WORKS DIRECTOR'
TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS TO THE STATE OF CALI-
FORNIA FOR PUBLIC WORKS PROJECTS
3. -RESOLUTION NO. 29-91 - AUTHORIZING APPLICATION FOR STATE
LICENSING UNDER THE SCHOOL-AGE CHILD CARE PROGRAM
4. PROPOSED CONTRACT FOR PROFESSIONAL SERVICES - DESIGNING
SEISMIC STRUCTURAL RETROFIT OF THE CITY ADMINISTRATION
BUILDING {Fred H. Schott & Associates}
5. BID AWARD FOR PURCHASE OF UNMARKED POLICE SEDAN
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MOTION: By Councilman Nimmo and seconded by Councilwoman
Borgeson to approve the Consent Calendar Items A-1
through A-5; motion unanimously passed by roll call vote.
B. HEARINGSIAPPEARANCES:
1. GENERAL PLAN AMENDMENT 1B-90, ZONE CHANGE 10-89 & TTM 31-90 -
Consideration of application to (1) change the land use
designation of approximately 24 acres from Retail Commercial
to Special Recreation, (2) change the zoning of said 24 acre
site from CT(FH) (Commercial Tourist/Flood Hazard Overlay) to
LS(FH)(PD8) (Special Recreation/Flood Hazard Overlay/Planned
Development Overlay), and (3) divide the same 24 acre site
into 15 parcels for single-family residential use and two
larger parcels for recreational use. Subject property is
located on the southwest corner of the Highway 101 & Santa
Barbara Road intersection (Boud & Associates/Eagle Creek
Associates)
A. Approval of General Plan Amendment 1B-90 based on the
Findings contained in Resolution No. 31-91.
B. Ordinance No. 221 - Amending Map 23 of the official
zoning maps by rezoning that certain real property
described as Lots 18-25 and "Park Reservation All of Block
72, Atascadero Colony, from CT(FH) to LS(FH)(PD8); and
amending the text of the City Zoning Ordinance to include
the provisions for the PD8 Zone created herein.
( Recommend motion to waive reading in full and approve on
first reading by title only.)
C. Approval of Tentative Tract Map 31-90 subject to the
Planning Commission's Findings and Revised Conditions of
Approval, Exhibit B, March 5, 1991.
Henry Engen gave the staff report noting that originally the
project had proposed 15 individual lots with two open space lots,
a clubhouse, pool, tennis courts and a golf course. The project,
he reported, had been revised from 15 to 12 single family lots by
the Planning Commission. He noted the presence of Gary Kaiser,
Assistant Planner, who had carried the project and was available
for questions.
Council questions followed relating to the golf course, open space,
landscaping and water. Mr. Engen explained that the applicants had
proposed to meet the demand for watering the golf course through
the combined use of on-site wells and a greywater system. He also
reported that the Master Plan for the project would preclude any
uses other than a golf course on the parcel.
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Public Comment:
Joe Baud, representing the firm responsible for planning and
design, noted that he was in agreement with all conditions. In
addition, he presented an overview of the concept and responded to
brief questions from Council relating to sewage disposal and trees.
There were no other public comments.
Council discussion followed. Councilman Shiers stated the
importance of making sure that there was adequate water. He
remarked that he could support the project because it was a good
use of the property adding that the proposed zone change would be
more appropriate than the current zoning.
Councilwoman Borgeson noted that she had hoped for more public
input. She indicated ambivalence because while she liked the
project, she was concerned with approving it while under an
emergency water status.
Councilman Nimmo congratulated the developer and staff for
designing a sensitive use for the site. He emphasized that he
believed the project would fill a serious gap in recreational
facilities in the community.
Councilman Dexter reported that while he shared similar concerns
regarding water, he favored the project. Mayor Lilley agreed.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter to
approve General Pian Amendment 1B-90 based on the
Findings contained in Resolution No. 31-90; motion
unanimously approved.
MOTION: By Councilman Dexter and seconded by Councilman Shiers to
waive the reading of Ordinance No. 221 in full and
approve by title only; motion carried 5:0.
MOTION: By Councilman Dexter and seconded by Councilman Nimmo to
approve Ordinance No. 221 on first reading; motion
unanimously passed.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter to
approve Tentative Tract Map 31-90 subject to the Planning
Commission's Findings and Revised Conditions of Approval;
motion carried unanimously.
2. FORESTRY & WOODLOT MANAGEMENT
A. Ordinance No. 220 - Adding Forestry and Woodlot Manage-
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ment Provisions to the City's Tree Ordinance (Ord. #214)
( Recommend motion to waive reading in full and approve on
first reading by title only.)
B. Resolution No. 28-91 - Adding Forestry and Woodlot Man-
agement Standards to the Tree Ordinance Standards and
Guidelines (Res. #125-90)
Henry Engen presented the staff report introducing a proposed
chapter to the comprehensive revised Tree Ordinance, together with
implementing guidelines. He pointed out that the Planning
Commission had not recommended any fees and asked that Council give
related direction.
The City Manager suggested additional language relating to the
plan's provisions of approval. Both Councilman Nimmo and Mayor
Lilley proposed minor changes in language relating to the plan's
purpose (see Resolution No. 28-91, Exhibit A).
Public Comments
Fred Frank, 3615 Ardilla, thanked staff for coming up with a good
compromise and urged Council to adopt the Forestry and Woodlot
Management Plan. Councilman Shiers asked him if he was satisfied
that it would protect the oaks and adequately address regeneration.
Mr. Frank responded that he was.
Jim Dulitz, 1300 Garcia Road, expressed support and encouraged
favorable action.
MOTION: By Councilwoman Borgeson and seconded by Councilman
_Dexter to waive the reading of Ordinance No. 220 in full
and approve by title only; motion unanimously carried.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to approve Ordinance No. 220 adding "Forestry and
Woodlot Management" Section to the "Tree Ordinance on
first reading; motion passed 5:0.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Dexter to approve Resolution No. 28-91 adding "Chapter
13. Forestry and Woodlot Management Plans" to the City's
"Tree Standards- and Guidelines"; motion unanimously
passed.
Brief discussion followed regarding to fees. The City Manager
requested that Council refer the matter to staff to allow the
opportunity to address fees and "blanket permits for utility
companies. Council consented. The mayor recommended that fees be
proposed on a "per acre basis.
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3. RESOLUTION NO. 24-91 - AUTHORIZING NEW PLANNING &ENGINEERING
FEES
Mark Joseph, Administrative Services Director, gave an overview of
the staff report using overhead projections and described the
proposed revisions. He pointed out that fees would be increased
overall by approximately 80%. and emphasized that there had been no
increase in fees in five to six years, yet departmental costs had
doubled. Mr. Joseph outlined the arguments in favor of the new
fees and responded to Council questions.
Discussion ensued. Henry Engen remarked that the appeal process is
expensive and reported that the fee does not recover the costs.
Councilwoman Borgeson and Mayor Lilley argued that the Council had
not received a sound comparison and asked for more precise figures
of what services are costing the City. Mr. Joseph indicated that
an attempt had been made to compare "real" Costs. He suggested
that short of conducting a "Time and Motion" study, staff could
generate a more in-depth report which Council may wish to address
during the annual budget review.
Brief discussion relating to fees for street address changes
followed. Councilman Nimmo expressed dissatisfaction with the
proposed increase for this process. Mark Joseph responded that
Council could delete the fee if they so chose.
Councilwoman Borgeson stated that she thought it was poor policy on
the part of the City to not revise fees in six years and shared
concern for not making developers pay for the costs.
Mark Joseph proposed phasing in fees in a'move toward recovering
100% of the costs and reiterated that it may be prudent to look at
these fees again during the budget hearings.
Public Comments
Tim McCutcheon, property owner and businessman in Atascadero, spoke
in opposition to the proposed increase in fees. He protested the
property tax rate on vacant land and suggested that Council tighten
up the General Fund. Mr. McCutcheon, did however, recommend
increasing appeal fees.
Kathleen Dawson, 7017 Toro Creek Road, questioned the comparisons
made with cities larger than Atascadero. She opposed the fee
increases and suggested that staff be cut instead.
The City Manager noted, in response to Mr. McCutcheon Is remark
regarding property taxes, that the City receives sixteen (.16)
cents per dollar (1.00) paid.
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1
Councilman Nimmo stated that he had no problem with increasing the
fees to recover actual costs but opposed strongly to moving forward
with the present recommendation. He objected to some of the fee
increases and asserted that the proposed fees were not represented
by actual costs.
Considerable discussion followed relating to the process by which
fees were analyzed. The City Manager explained that it would cost
approximately $80,000 to hire a consultant to prepare an in-depth
study. He added that the study can be done in-house cautioning
that it could be laborious.
Councilman Shiers emphasized that the City cannot charge more than
an actual cost. Mr. Engen gave support to the staff recommendation
by reporting that the fees are justified by procedures.
Mr. Windsor clarified that the fees, if adopted, would be effective
for new applications only and would not apply to pending projects.
There was consensus among the Council that (1) fees for the appeal
process should be looked at separately and (2) that a course of
action might be to adopt the proposed resolution as an interim
policy until budget time. The City Attorney advised that Council
could adopt the resolution amending it to read that it shall expire
on °a certain date unless reaffirmed or superseded by another
action. The City Manager suggested inserting the date, "June 30,
1991".
MOTION: By Councilman Shiers and seconded by Councilwoman
Borgeson to adopt Resolution No. 24-91 as amended; motion
carried 5:0 by roll call vote.
Mayor Lilley called for a recess at 9:14 p.m. The meeting
reconvened at 9:30 p.m.
4. RESOLUTION NO. 14-91 - ADOPTING UPDATED DEVELOPMENT IMPACT
FEES
Mark Joseph gave the staff report noting that his recommendation
was in accordance, with a few exceptions, with Crawford, Multari &
Starr's fiscal impact study proposals.
Public Comment
Carol Ball, 7070 Marchant Avenue, announced that as a member of the
Board of Realtors' committee addressing development fees she was in
opposition to the proposed fee increases.
Councilman Shiers stated that there was solid background for the
underlying recommendation. Mayor Lilley remarked that infra-
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structure is in need of and proclaimed the fees fair and necessary.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to adopt Resolution No. 14-91 revising development
impact fees, effective upon adoption; motion carried 5:0
by roll call vote.
C. REGULAR BUSINESS:
1. 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) (Zone Change 6-90)(Hazard/
Tartaglia-Hughes) (Recommend motion to waive reading in full
and approve on second reading by title only.)
Mayor Lilley explained that although he and Councilman Shiers had
been absent during the previous meeting and public hearing on this
matter, they had both been provided with all the information
necessary to make a decision. Councilman Shiers concurred stating
that he felt qualified to vote on the issue.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter to
adopt Ordinance No. 219 on second reading; motion carried
3:2 with Council -members shiers and Borgeson voting in
opposition.
2. COUNTY AUDITOR -CONTROLLER'S LETTER RE: SB 2557
The City Manager introduced this item and recognized the presence
of Gere Sibbach, County Auditor -Controller. Mr. Windsor reported
that the draft response letter was, based upon the Council's stand
of opposition to SB 2557, in protest of payment of fees relating to
property tax administration costs. He indicated that staff's
position would be that unless and until the Board of Supervisors
implement the provisions of the law, the City would not remit.
Public Comment
Mr. Sibbach addressed Council and stated that although he had not
seen the City's draft reply, he had expected such a response. He
explained that there were some legal problems with interpretation
of the legislature with respect to the use of the words, "shall"
and "may". Mr. Sibbach continued that it was his interpretation
that collection was mandatory adding that he was liable for suit if
he does not attempt to charge the cities for their fair share.
By common consensus, Council directed staff- tosendthe
subject letter to the County Auditor -Controller.
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3. STATUS OF TREE PLANTING TRUST FUND
The City Manager, by way of introduction, reported that there had
been an inquiry as to what monies were in the Tree Planting Trust
Fund and asked that staff be given direction for use its, use.
Discussion followed regarding fees and penalties relating to the
Garcia Road extension. Councilman Dexter asserted that the
penalties should have been paid on demand. The Public Works
Director proposed that, with future tree removal conditions of
approval, a "trigger date" be determined by which payments or
replacements must be made. He suggested that the clock might begin
ticking once trees have been cut. Councilwoman Borgeson concurred
with Mr. Luke.
Councilman Nimmo stated that it would be good public policy to
specify the receiver location when accepting donation of trees for
off-site planting.
The City Manager pointed out that there would be on-going
maintenance of trees and inquired whether or not Council wished
these expenses to be covered by monies held in the trust fund.
Council concurred that they did.
The City Treasurer noted that an additional $39,000 would soon be
deposited into the fund. She also suggested that a list be drawn
up of potential property owners who need or want trees.
Public Comments
Ursula Luna, 10600 San Marcos Road urged Council to adopt a street
tree provision of the Tree Ordinance. In addition, she supported
the City's responsibility to restore and maintain trees in the
community.
Eric Greening, 7365 Valle, gave a verbal endorsement to the City
Treasurer's "adopt -a -tree" concept. He implored the Council to
fill the vacant position of Natural Resource Specialist as soon as
possible in an effort to oversee the charge of maintaining the
City's urban forest. Councilwoman Borgeson concurred with this
statement asserting that Council should set priority and hire a
qualified individual. Councilman Shiers reiterated that the trees
need maintenance and there needs to be someone accountable.
Councilman Nimmo proclaimed that he was not in support of the
Natural Resource Specialist position. He remarked that the Tree
Fund is meant to protect, plant and preserve trees and added that
he hoped staff did not hire a tree specialist to handle just the
Tree Planting Trust Fund.
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Additional discussion ensued regarding this matter. The City
Manager reported that it was difficult to find someone who fits all
the requirements of the Natural Resource Specialist. He pointed
out that the individual would not just administer the Tree
Ordinance and the Tree Fund but would also be responsible for other
duties. He described a prospective candidate for the position
indicating that the vacancy may soon be filled.
Mr. Windsor asked that staff be allowed to come back with more
definitive options for the use of the Tree Fund, as well as pursue
the "adopt -a -tree" concept. Council concurred.
Councilwoman Borgeson inquired of the Community Development
Director when staff would be able to address a street tree
ordinance. Mr. Engen indicated that this was down in the priority
list with the creekway ordinance, for example,` having higher
priority.
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. North Coastal Transit/S.L.O. Area Coordinating Council
Councilwoman Borgeson reported that the Area Council had
met but that she had not been able to attend.
2. Traffic Committee - Councilman Dexter reported that the
committee had met and would be making recommendations for
action at the next City Council meeting.
3. Solid/Hazardous Waste Mgmt. Committee - Councilman Nimmo
reported that he had attended a subcommittee meeting for
the purpose of developing a plan for implementation of
the County -wide Solid Waste Program. In addition, he
related that the City's pilot "green waste" program had
generated much interest among the other communities.
4. Recycling Committee - Councilman Shiers reported that the
committee had decided to become more proactive in public
awareness and education, and announced that a`poster
contest would be conducted to determine a mascot for
recycling projects.
Greg -Luke added that the "green waste" program was
successfully moving forward, noting that approximately
1,000 customers have called for participation. He also
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indicated that the committee was also working the City of
Paso Robles on this matter.
On a final note, Councilman Shiers stated that the
Recycling Committee is working as rapidly as possible to
meet State mandates and hopes to even beat the maximum
timelines.
5. Downtown Interim Sign Committee - Mayor Lilley reported
that this committee would be bringing forth proposals to
address downtown signing in the very near future.
2. City Attorney - No report.
3. City Clerk - No report.
4. City Treasurer
Ms. Korba indicated that she would be attending the Palm Springs
Municipal Treasurer's Workshop during the week of April 22, 1991
and would, therefore, be absent during the next regular Council
meeting.
5. City Manager
Mr. Windsor requested permission to be absent during the meeting of
April 23, 1991 indicating that he would like to take some vacation
time-off. Council gave such approval.
6. Additional Council Comment
Councilwoman Borgeson asked that, under Committee. Reports, that the
following be added: Economic Roundtable, County Water Advisory
Board and the Roads Committee. Staff so noted.
Mayor Lilley reported that the Economic Roundtable had met and
would be meeting again Wednesday, April 17, 1991 at 7:30 a.m.
MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson
to adjourn the meeting; motion unanimously carried.
THE MEETING WAS ADJOURNED AT 10:42 P.M. THE NEXT REGULAR MEETING
OF THE CITY COUNCIL IS SCHEDULED FOR TUESDAY, APRIL 23, 1991 AT
7:00 P.M.,
MIN73 nCCIRD,61�AND PRE D BY:
LE AY____ ith,:C a.
Attachment: Exhibit A (U. Luna)
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