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HomeMy WebLinkAboutMinutes 081391 Approved As Submitted 8/27/91 ATASCADERO CITY COUNCIL MINUTES AUGUST 13, 1991 Mayor Shiers called the meeting to order at 7:05 p.m. Councilman Nimmo led the Pledge of Allegiance. ROLL CALLS Present: Councilmembers Lilley, Borgeson, Nimmo, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Lt. Bill Watton, Police Department and Bill Wittmeyer, Compliance official COUNCIL COMMENTS: Mayor Shiers congratulated the Fire Chief' s daughter, Kara McCain, for being selected as Maid of San Luis Obispo County. Councilwoman Borgeson also extended congratulations to Tracy Porter, pageant runner-up. Mayor Shiers noted that Tracy's grandparents, Mr. and Mrs. George Porter, had been chosen as King and Queen of the Colony Days Parade. Mayor Shiers announced that Councilwoman Borgeson had been named "Citizen of the Year" by the Atascadero Historical Society. He also reported that the Atascadero All-Star Little League Team had won the district championships. PROCLAMATION: Mayor Shiers read the proclamation in support of "The California National Guard" and presented it to Sgt. Dennis Brown. CCS/13/91 Page 1 Approved As Submitted 8/27/91 COMMUNITY FORUM: Don Saueressig, 10735 San Marcos Road, reported that past efforts to form an assessment district in his area had failed due to a lack of accurate information. He urged Council to get a road policy set, to approve road standards and to give tax payers their fair share of maintenance on the roads. Mr. Saueressig remarked that he would have preferred to see the money Council spent on the E.G. Lewis desk spent, instead, on road improvements. He added that the City should have staff conduct studies, rather than to hire consultants and asserted that Council needs to get control of its, budget and put more money into basic services. Sarah Gronstrand, 7620 Del Rio Road, proclaimed that she was angry that citizen complaints were continuing regarding the Council's purchase of the E.G. Lewis desk. She stated that the desk commemorated the City's founder and indicated support for its, purchase. Bob Huot, 3850 Ardilla Road, criticized Councilman Dexter for interrupting public testimony given by George Luna on July 23, 1991. Eric Greening, 7365 Valle, complimented the citizens of Atascadero for respectful and orderly decorum while attending public meetings. He indicated that he had recently observed another community's City Council meeting were the atmosphere was quite different._ A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit- Councilwoman Borgeson reported that there would be a special meeting on August 14, 1991 at 9:00 a.m. in the San Luis Obispo County Board of Supervisors' Chambers. She presented an overview of items scheduled for the agenda. 2. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that this committee had met on August 8, 1991 where he and others had voiced frustration regarding overlapping responsibilities of the technical task force and the advisory body. He added that he hoped future meetings would be more productive. CC8/13/91 Page 2 Approved As Submitted 8/27/91 3. Recycling Committee —Mayor Shiers reported that this committee had met twice and that winners had been selected for the Logo/Mascot Contest. He indicated that composting bins were available for purchase at the Tiki Hut (Charles Paddock Zoo) and presented a potential plan for involving senior citizens. The mayor also announced that three members' terms were soon to expire and that each had expressed interest in continuing to serve on the committee. He named the members as follows: Renee Silberman, James Patterson and Michele Velasco and indicated that the committee by-laws allowed for re- appointment, but that it was a matter of Council discretion. The City Manager noted that this item would be on the Consent Calendar for the next meeting. 4. Economic Opportunity Commission - Councilman Dexter reported that the commission would be meeting on the following day: August 14, 1991. 5. City/School Committee - Mr. Windsor reported that the next meeting would be Thursday, August 15, 1991 at 1:30 p.m. in his office at City Hall. 6. Traffic Committee - Councilman Dexter announced the committee would meet again the next day, Wednesday, August 14, 1991 at 3:30 p.m. , Room 308, City Hall. 7. Downtown Interim Sign Committee Councilman Lilley provided an overview of the open meeting held on August 12, 1991 and thanked Assistant Planner, Bob Malone, for professional graphic art assistance. In addition, Councilman Lilley reported that three downtown businesses had agreed to become "guinea pigs for the proposed design and signing concept. 8. Economic Round Table - Councilman Lilley indicated that the roundtable was continuing to gather creative, serious and informed input into long-range planning for economic development of the City. He announced that the next meeting would be Wednesday, August 14, 1991 at 7:30 a.m. in Room 102 of City Hall. (Note: Councilman Lilley corrected this date later, see page 18) 9. Colony Roads Committee - The City Manager reported that the next meeting would be on Monday, August 19, 1991 at 10:00 `a.m. (Note: Mr. Windsor corrected this meeting CCS/13/91 Page 3 Approved As Submitted 8/27/91 time, see page 19) 10. County-wide Fee Study - Mark Joseph announced that he had received the final draft of the County's Development Fee Impact Report and that copies would be distributed to Council. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar as follows: I. CITY COUNCIL MINUTES - JULY 9, 1991 2. CITY COUNCIL MINUTES - JULY 23, 1991 3. PERSONNEL ACTIONS: A. RESOLUTION NO. 75-91 - APPROVING A MEMORANDUM OF UNDER- STANDING (MOU) BETWEEN THE CITY OF ATASCADE%O AND THE ATASCADERO SERGEANTS SERVICE ORGANIZATION B. RESOLUTION N0. 76-91 - APPROVING AN MOU BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO POLICE OFFICERS ASSO- CIATION Co RESOLUTION NO. 77-91 - APPROVING AN MOU BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO PUBLIC SAFETY TECHNI- CIANS ORGANIZATION D. RESOLUTION NO. 78-91 - ADOPTING SALARIES AND BENEFITS FOR MANAGEMENT EMPLOYEES E. RESOLUTION NO. 79-91 - ADOPTING SALARIES AND BENEFITS FOR CONFIDENTIAL EMPLOYEES F. RESOLUTION NO. 80-91 ADOPTING A SALARY SCHEDULE AND POSITION ALLOCATION SCHEDULE FOR THE CITY OF ATASCADERO 4. RESOLUTION NO. 81-91 - AUTHORIZING ENDORSEMENT OF THE APPLI- CATION FOR GRANT FUNDS TO CONSTRUCT BIKEWAYS AND BIKEWAY FACILITIES UNDER THE CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT 5. RESOLUTION NO. 74-91 - AUTHORIZING ESTABLISHMENT OF A "NO PARKING" ZONE ALONG A PORTION OF EL CAMINO REAL CCS/13/91 Page 4 Approved As Submitted 8/27/91 6. ACCEPTANCE OF FINAL PARCEL MAP 04-90, 4400 OBISPO ROAD - Div- ision of 10.53 acres into two lots of 4.0 and 6.53 acres (Brimfield/Cuesta Engineering) Councilwoman Borgeson asked that item #B-5 be pulled for further discussion. Doug Lewis, Atascadero resident, pulled item #B-4. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to approve the Consent Calendar with the exception of items #B-4 and 5; motion carried unanimously by roll call vote. Re: #B-4. RESOLUTION NO. 81-91 - AUTHORIZING ENDORSEMENT OF THE APPLICATION FOR GRANT FUNDS TO CONSTRUCT BIKEWAYS AND BIKEWAY FACILITIES UNDER THE CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT Mr. Lewis asked if consideration would be given to the proposed Lewis Avenue Bridge. Greg Luke, Public Works Director, clarified that the grant application consists only of bike lanes along El Camino Real. The bridge, he explained, was projected for construction as part of the City' s 5-Year Capital Improvement Program. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to approve Consent Calendar Item #B-4; motion carried unanimously. Re: #8-5. RESOLUTION NO. 74-91 - AUTHORIZING ESTABLISHMENT OF A "NO PARKING" ZONE ALONG A PORTION OF EL CAMINO REAL Councilwoman Borgeson indicated that, if approved, three parking spaces would be lost at this location. She recognized the lack of a comprehensive plan for red curbing along El Camino Real and suggested to staff that curbs be painted red four feet back from driveways. Councilman Lilley indicated that was distressed over the Traffic Committee's arbitrary limiting of parking and stated that the matter, because it relates to site distance, should be reviewed by an engineer. Mayor Shiers proposed the issue be referred for further study. Councilman Nimmo recognized the danger at this location and suggested that the two driveways be designated; one as an entrance, CC8f13/91 Page 5 Approved As Submitted 8/27/91 the other as an exit. Councilwoman Borgeson asserted that when malls are being designed, matters of this nature should be addressed. Councilman Lilley shared additional concern about qualifications of those on the advisory committee, who are making recommendations on matters of proper egress and ingress; issues which might result in liability claims against the City. Greg Luke reported that he, as the Public Works Director and the City's Engineer, chairs the Traffic Committee and that he, personally, takes responsibility for initial recommendations. He pointed out that other members of the committee include a police officer, the Community Development Director, Councilman Dexter and two members at-large who are selected primarily because of their knowledge of traffic conditions; one of whom is a civilian traffic engineer. The Traffic Committee, he continued, does not make capricious or arbitrary decisions. Councilman Lilley clarified that he did not quarrel with the competence of the committee, but suggested that the Public Works Department make such recommendations, rather than a citizen committee. Councilwoman Borgeson agreed, stating that the Traffic Committee should be done away with and that the matters be given back to technical experts in the Public Works Department. By consensus, the matter was continued for further study. C. HEARINGS/APPEARANCES: 1. PROPOSED REVISIONS TO SUBDIVISION ORDINANCE A. Ordinance No. 230 -Amending Title 11 of the City Muni. Code (Subdivision Ordinance) (Recommend motion to waive reading in full and approve on first reading by title only) Henry Engen provided a brief overview of the changes recommended. He referred to a letter written by John Falkenstien, who had requested that the number of lots served by one single accessway remain at five instead of the three proposed. Mr. Engen responded to questions from Council. Councilwoman Borgeson asked how many creek reservation parcels would be affected by the addition of proposed language in Section 11-8.202 of Exhibit A. Mr. Engen responded that there were twenty original creek CC8/13/91 Page 6 Approved As Submitted 8/27/91 reservation parcels, however, some subdivision has occurred since 1914 when the Map of Atascadero colony was filed and research would be necessary to provide an accurate, current total. In response to inquiry by Councilwoman Borgeson, the City Attorney explained that if the City accepts the dedication of any creek property it is liable for any dangerous conditions that exist. Ms. Borgeson also wondered about potential loss of taxes on properties in the creek reservation. The City Manager clarified that once a parcel has become public property, it is removed from the tax roll; Mark Joseph remarked that there would be no way of knowing how much property tax was lost without proper assessment. Councilman Lilley questioned the Community Development Director if Section 11-8.209 regarding flag lot subdivisions requires fee ownership. Henry Engen replied that the owner of the back parcel would also own the accessway; which would be required to be twenty feet wide. Councilman Lilley stated that he failed to see the logic of requiring fee ownership on the deepest lot to ensure adequate width of the accessway. The Community Development Director explained that the Planning Commission did not review the fee issue, but rather the width of road. Easements, he added, were the practice up and until 1988 when the subdivision ordinance was adopted and it was then difficult to read the map. He stated that the issue of how the access is derived is clear and more predictable if assigned to the back party. Councilwoman Borgeson asked the City Attorney for additional advise relating to Section 11.8-202 regarding creek preservation property and whether or not a required dedication takes away rights of the property owners. Mr. Montandon stated that applying the regulation was not, in his opinion, a compensable taking; although property is taken from private individuals and the City is not required to pay for it. Public Comments: Sarah Gronstrand, 7620 Del Rio Road, pointed out that Council had said that they would address all matters relating to the creek after the creekway mapping process had been completed and objected to what she called a "piece-meal"creek policy. She suggested that staff may be trying to stop lot splits which they believe to be undesirable. Tom Bench, 7503 Carmelita, debated that not allowing creek_ reservation to be used toward minimum lot size may have been CCS/13/91 Page 7 Approved As Submitted 8/27/91 appropriate when E.G. Lewis owned all the property in 1914, but that it is not now. He stated that similar property with the same zoning, but not on the creek, would not have to suffer the same economic hardship as creek owners. Mr. Bench contended that the 1914 Ownership Certificate for Atascadero States, Inc. makes no mention of the creekway reservation; how would the City determine what area it really covered, he asked. He indicated that there were many unanswered questions and proclaimed that if the City takes property, it is denying that owner the right to reasonable use of his land. Whitey Thorpe, 8025 Santa Ynez, proclaimed that it was not right for government to take private property without paying the owner for it. ----End of Public Testimony---- Councilwoman Borgeson concurred with comments made by Sarah Gronstrand. She indicated that the Council needed to adopt a creekway policy before it makes any other decisions relating to the creek. She suggested that the proposed additions be removed from Section 11-8.202 until the mapping is complete and a policy is adopted. Responding to inquiry from Councilwoman Borgeson, the Public Works Director reported that the creekway mapping was complete and a final report would be formally presented to the City Council in September. He indicated that the recommendation would be that some form of planning begin. Councilman Dexter and Councilman Lilley preferred to defer any changes to that section of the subdivision until after a creekway policy is adopted. Councilman Lilley also asked that the matter of flag lots, Section 11-8.209, be continued for further study. The City Attorney advised that the ordinance be amended by deleting the proposed revisions to Sections 11-8.202 and 11-8.209 and then be introduced. By consensus, Council agreed to postpone any action on these two sections until 1) a creekway policy has been adopted and 2) the Planning Commission and City Council can meet in a joint session to further study flag lot subdivisions. MOTILIN: By Councilwoman Borgeson, seconded by Councilman Lilley to waive reading Ordinance No. 220 in full and approve on CC8/13/91 Page 8 Approved As Submitted 8/27/91 first reading, with exceptions, by title only; motion carried unanimously by roll call vote. 2. UNREINFORCED MASONRY BUILDING ORDINANCE A. Ordinance No. 226 - Amending Title 8 of the Atascadero Muni. Code by the addition of Chapter 12 relative to earthquake hazard reduction in existing unreinforced masonry buildings (Recommend motion to waive reading in full and approve on first reading by title only) Henry Engen reported that, as mandated by the State, an inventory had been taken of all the potentially hazardous buildings in the City and thirty-two were initially identified; the largest of which is City Hall. A subsequent engineering study, he continued, has reduced th number of buildings affected to twenty-nine. He provided an overview of the work required and noted that Bill Wittmeyer, Compliance Official, was present and available for questions. In addition, the Community Development Director pointed out that a correction was in order on page 5 of Exhibit A and that an addendum had been distributed with the proper equation. Mr. Wittmeyer responded to brief questions from Council. He emphasized that the proposed ordinance addressed the safety aspect of historic buildings and that it was different from the Uniform Building Code which applies to all new construction. There were no public comments. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to waive the reading of Ordinance No. 226 in full and approve by title only; motion unanimously approved. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve Ordinance No. 226 on first reading; motion carried 5:0. Mayor Shiers noted, for the record, that the ordinance was approved with the correction of the formula on Page 5 of the Exhibit. 3. PROPOSED CITY ORDINANCES FOR COST RECOVERY OF EMERGENCY RE- SPONSES INVOLVING "D.U.I. " AND ALARM CALLS There was consensus of the Council to discuss item C-1(B) regarding false alarms first. CC$/13/91 Page 9 Approved As Submitted 8/27/91 B. Ordinance No. 229 - Adding Article 10, regarding alarms, to Title 3, Chapter 5, of the Atascadero Municipal Code (Recommend motion to waive reading in full and approve on first reading by title only) Lt. Bill Watton gave a brief staff report and responded to questions from Council relating to proposed fines and how they would be assessed when alarm systems malfunction. Public Comments: Whitey Thorpe revealed that although he was not personally affected by this issue, he was opposed. Joe Grisanti, 5275 Cabrillo, proclaimed that the proposed fines were unjustified and that because, as taxpayers, citizens were paying for police protection, they should receive these services free of charge. Bill Mazzacane, Chamber of Commerce Manager, indicated that he had solicited and received comments from members of the Chamber regarding the ordinance. He stated that he did not oppose the ordinance on general purposes but hoped that it would administered with good judgement and discretion. ----End of Public Testimony---- Council comments followed. Councilwoman Borgeson opposed the ordinance asserting that there were too many outside factors to be considered and that it would be costly to the City to enforce. Councilman Lilley described the ordinance as too pervasive. Councilman Dexter indicated support and pointed out that often business owners do not even show up when their alarm goes off. He stated that false alarms add needlessly to police costs. Lt. Watton reported that the proposed ordinance was patterned after those adopted the cities of San Luis Obispo and Arroyo Grande. He added that Atascadero, with the exception of the City of Pismo Beach who has one pending, is the only city without regulation of this nature. Additional discussion ensued. Councilwoman Borgeson indicated that the ordinance needed to be tightened up and negligence must be proved. CC8/13/91 Page 10 Approved As Submitted 8/27/91 Councilman Nimmo remarked that after four or more false alarms, the owner needs to correct the situation. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to waive reading Ordinance No. 229 in full; motion carried unanimously. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to approve Ordinance No. 229 on first reading by title only; motion failed on a 2:3 vote with Councilmembers Lilley and Borgeson and Mayor Shiers opposing. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson that the matter be returned to staff for a revised ordinance that directs fines solely upon proof of the building owners' negligence in the maintenance or operation of the alarm system; unanimously approved. Mayor Shiers then referred back to the first issue under this agenda item. A. Ordinance No. 228 - Adding Chapter 13 to Title 3 of the Atascadero Municipal Code approving the implementation of a State-authorized program to recover costs of responses to emergencies caused by drunk or reckless drivers and providing guidelines and procedures therefore, pursuant to California Government Code Section 53150, et seq (Recommend motion to waive reading in full and approve on first reading by title only) Lt. Watton introduced this matter reporting that the proposed ordinance was for cost recovery of responding to incidents relating to driving-under-the-influence. Councilman Lilley pointed out that it would also apply to accidents as a result of reckless conduct and asked Lt. Watton if there had been any studies conducted on the success rate of recouping expenses. Lt. Watton explained that all other cities in the County, except for Grover City, have a similar ordinance but did not know the extent of the success they have had with cost recovery. In response to Councilman Lilley, the City Attorney confirmed that restitution for damages is a condition of probation and cities are not allowed to recover police costs by this means. He indicated that the ordinance would allow the City to recover response costs CC8/13/91 Page 11 Approved As Submitted 8/27/91 and assured the Council that it was not duplicative. The City Manager reported that Mothers Against Drunk Driving (MADD) strongly urged the Council to adopt the proposed ordinance. Public Comments: Eric Greening indicated that he could support the ordinance only if it was triggered by a conviction. He implored the Council to find a balance point and to charge costs only to those found guilty and none to those found innocent. Whitey Thorpe, apologized and stated that he had spoken on Part B of this agenda topic when he thought he was speaking on Part A. He proclaimed that the Police Department has no business of putting itself in the position of judge and asked the Council to not support the ordinance. ----End of Public Testimony---- Additional discussion followed regarding criteria for making the determination that an incident was caused by a person under the influence of alcohol and/or drugs or by someone intentionally engaging in willful misconduct. The City Attorney advised that it is the police officer, confirmed by the District Attorney filing charges, who makes the determination. Councilman Lilley stated that he was uncomfortable with this but that he couldsupport charges to only those who are convicted of a crime. Councilman Dexter agreed and suggestions followed for amending the ordinance. The City Attorney recommended that the matter be continued to give him ample time to accurately compose the amendment. By consensus, the matter was continued for two weeks. D. REGULAR BUSINESS: 1. PLANNING COMMISSION RECOMMENDATION RE: SIGN ORDINANCE (Re- sponse to City Council referral, May 28, 1991) Henry Engen presented the staff report and a 3-part course of action as recommended by the Planning Commission. He explained that once the text amendments relative to sign regulations had been initiated, public hearings before the Planning Commission and the City Council would be held concurrent with those relating to the comprehensive revision of the Zoning Ordinance. The rewrite, he reported, would begin in the fall. CC8/13/91 Page 12 Approved As Submitted 8/27/91 Councilman Nimmo stated that many businesses are struggling and hoped staff would put high priority on revising the sign ordinance. Public Comments: Joe Grisanti opposed any fees related to signage and asked that the City show some flexibility in what is allowed. Bill Mazzacane debated that it was incongruent to tis a free- standing ordinance relating to signage to the Zoning Ordinance rewrite. He asserted that the business community is looking for some relief and urged that the process be handled as expeditiously as possible. ----End of Public Testimony---- Council concurred to accept the 3-part recommendation made by the Planning Commission and directed staff to advise Council if there would be any further delay. 2. ZONING ORDINANCE COMPLAINT REGARDING SIDEWALK SALES ENFORCE- MENT Henry Engen provided background and asked Council for direction regarding abatement. In addition, he reported that the City Attorney had made some specific recommendations for an ordinance relating to sidewalk sales in the downtown district and indicated that the Council might wish to proceed along this course. Councilman Nimmo suggested that enforcement action concentrate on the specific complaint, which has unique circumstances to investi- gate. Discussion followed regarding sidewalk sales in the downtown. Councilman Dexter suggested that the City capitalize on the Farmers' Market held every Wednesday and allow sidewalk displays only on that day. Councilwoman Borgeson concurred with this idea, adding that any ordinance proposed should be fair and provide for safe access for everyone, including the handicapped. Councilman Lilley remarked that a balance is needed between public safety and encouragement for pedestrian traffic. Mayor Shiers commented that issues of liability and equal enforcement would need to be addressed. The City Manager interjected that the present ordinance cannot be selectively enforced and recommended that Council divide the two CCS/13/91 Page 13 Approved As Submitted 8/27/91 issues: (1) abatement action on the specific complaint and (2) new regulations regarding sidewalk display in the downtown. He emphasized that if the citation process is begun, it cannot be done only at the business at 5905 E1 Camino Real, but would have to be done citywide. Mr. Windsor added that there were other factors that may assist the City in abating the nuisance. The City Attorney advised that a blanket-wide approach would be preferable rather than to cite only one business. He indicated that a criminal complaint of this kind would be subject to dismissal on grounds of selective prosecution and cautioned against this approach. Public Comments: Joe Grisanti proclaimed that sidewalk display is his trademark and he has never received any complaints about it. He stated that he carries liability insurance and will continue to put his merchandise on the sidewalk as he has done for years. Sarah Gronstrand remarked that she had no problem with the way in which GrisantiIs Hardware or Coast-to-Coast displayed their wares. She stated that if a merchant' s display is unsafe, then the City should deal with it. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to refer the matter back to staff for a two-pronged approach: (1) to prepare an overall plan dealing with sidewalk sales and (2) to proceed with specific actions relative to the sales at 5905 El Camino Real; motion carried unanimously. 3. GUEST HOUSES - REPORT ON CITIZEN'S REQUEST FOR AMENDMENTS TO ZONING ORDINANCE STANDARDS (City Council referral, July 23, 1991) The Community Development Director explained that two citizens, Hoyt Chambless and Dennis Garad, had requested tighter standards relating to guest houses. He reported that staff was recommending that Council direct staff to initiate an interim urgency ordinance providing for use permit review of guest houses. The emergency ordinance, he explained, would allow staff to study the Zoning Ordinance with a view of amending or expanding it; depending upon Council direction. He suggested that, rather than just prohibit guest houses, they be changed from a principal permitted use to a use allowed by a conditional use permit and further proposed that CC8/13/91 Page 14 Approved As Submitted 8/27/91 Council may wish to establish minimum guest house criteria. Council discussion followed. Mr. Engen clarified that "granny flats" are not allowed under the current Zoning Ordinance. He recognized that although "guest houses are an allowable use, current standards do make bootlegging possible, therefore, corrupting the guest house intent. Councilman Dexter indicated that he could support a minimum "guest house" size. Councilwoman Borgeson remarked that she favored "granny housing" for use by relatives adding that this concept would help meet the state-mandated count of low-income housing stock. Councilman Lilley reflected upon earlier Council discussions relating to "granny housing" and remarked that enforcement was what killed the issue. He recognized the critical housing needs of the community and suggested that it may be time to reconsider "granny housing" with a cost-effective enforcement technique. The Community Development Director pointed out that a guest house could be scaled to the size of the primary residence. Councilman Nimmo supported this idea. Further Council suggestions for standards included adopting a minimum lot size and mandating that the guest house be at the rear of the principal house. Public Comments: Hoyt Chambless, 4200 Carrizo Road, asked the mayor about the Conditional Use Permit process. Mayor Shiers confirmed that the public would be notified before a permit was issued. Mr. Chambless provided additional suggestions for proposed standards, which included that the guest house should be attached to the main house, that parking should , be provided for, that there be only one bathroom, that the guest house be limited to a maximum of four hundred square feet and that a limitation of how many days it could be occupied be established. Dennis Garad, 4300 Carrizo Road, thanked the Council and staff for addressing the issue. He asked the Council to incorporate all the criteria suggested by Mr. Chambless and urged Council to preserve single-family zoning by passing an urgency ordinance based on staff recommendations. John Himes, 8210 Carmelita, expressed sympathy for those desperate CC8/13/91 Page 15 Approved As Submitted 8/27/91 for rentals and urged Council to look into allowable uses for providing elderly family members with a place to live. He stressed that there is a need to look into all housing issues, not just "granny housing" . Eric Greening estimated that the community' s population is greater than the census figures report and suggested that the numbers be challenged. He stated that the best ordinances are the ones who do not cause people to hide things and opposed proposed methods for determining if "guest houses" are being used properly. He continued that if anything is to be regulated, it should not be how long a guest stays or whether or not they are related to the principal homeowner, but rather regulate on matters like water usage and the number of plumbing fixtures and on the number of vehicles that can be parked at one address. The City Treasurer spoke in support of guest housing and opposed mandating that the guest be a relative. Whitey Thorpe asserted that the property owner should have the right to decide whether or not he wants a guest house. He added that it is not the business of government to determine who and how long guests may stay. Eric Greening addressed the Council again and warned that any policy adopted that causes people to go underground will result in circumstances leading to decreased public safety. ----End of Public Testimony---- Councilman Nimmo commented that lifestyle patterns are changing and government must accommodate changing needs to prevent abuse and provide protection. He stressed that the widest possible latitude must be given to meet the needs of today' s family environment. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to extend the meeting past 11:00 p.m. ; motion carried unanimously. Councilman Lilley and Councilwoman Borgeson suggested standards for parking, storage, fire and emergency access and water usage be established. By consensus, the City Council agreed that they did not wish to initiate an urgency ordinance and directed staff to incorporate Council suggestions in strengthening text CC8/13/91 Page 16 Approved As Submitted 8/27/91 standards relating to "guest housing" and impose use permit review as part of the Zoning Ordinance re-write. The Community Development Director proposed that an administrative use permit be required. He indicated that this could be done at the staff level and would require notice to the immediate neighbors and a hearing before the permit would be granted. Councilwoman Borgeson asked if the application would be subject to the appearance review guidelines; Mr. Engen noted that it could if the appearance review guidelines were amended. If the use permit is denied, he added, it could be appealed to the Planning Commission. 4. WASTEWATER TREATMENT PLANT - FIVE-YEAR FACILITIES PLAN Greg Luke, Public Works Director, provided a brief overview of the staff report and recommended Council approve the Five-Year Capital Improvement Plan. He pointed out that the needs and associated costs have been assessed and that the next milestone is to complete a fee study to devise how the necessary improvements will be paid for. This study, he added, would be prepared in the very near future. Brief discussion followed relating to the video collection line camera proposed for purchase in the 1995-96 Fiscal Year. There were no public comments. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to approve the Five-Year Capital Improvement Plan as shown on Attachment "A" and as described in Attachment "B 5. TREE PROTECTION/PRESERVATION POLICY The Public Works Director introduced Kelly Heffernon, Administrative Analyst, and provided an overview of the staff report. Public Comments Eric Greening indicated that he liked the "Adopt-A-Tree" program but suggested that March is not the best month for seeds to be put into the ground; Fall, he stated, would be better. He stated that he was in support of enacting all but Part B until an arborist is hired by the City. CCS/13/91 Page 17 Approved As Submitted 8/27/91 The City Manager acknowledged the current freeze on hiring but noted a recent resignation in the Parks Division which might enable the position to be re-written for an arborist. Doug Lewis remarked that the public should be encouraged to use other porous pavement surfaces, rather than concrete or asphalt which deplete natural absorption of groundwater. ----End of Public Testimony---- Councilman Nimmo suggested that Bay Trees be added to the list of native trees. Mark Joseph reported that the City had recently recovered all fees related to the Garcia Road extension and that the Tree Fund now has the monies needed to fund the proposals. By consensus, Council adopted the tree management program as recommended by staff. Ms. Heffernon was congratulated on her fine work. 6. ZONE CHANGE 07-89 (2-B Partnership/EDA Engineering) A. Ordinance No. 227 - Amending Map 23 of the official zon- ing maps by rezoning certain real property at 10700 El Camino Real from RMF/16 to RMF/16 (PD7) (ZC 07-89: 2-B Partnership) (Recommend motion to waive reading in full and adopt on second reading by title only) The City Manager noted that this was the second reading of Ordinance No. 227. There were no questions or comments from the public. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve and adopt Ordinance No. 227 on second reading; motion carried 3:2 with Councilwoman Borgeson and Mayor Shiers opposing. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Lilley corrected the date of the next Economic Roundtable meeting; it is Wednesday, August 21, 1991 at 7:30 a.m. CC8/13/91 Page 18 Approved As Submitted 8/27/91 Councilwoman Borgeson asked if the Economic Roundtable would eventually be turned over to the Chamber of Commerce. The City Manager stated that some of the roundtable's activities are parallel to those of the Chamber and suggested that at some time the roundtable might be passed over for follow-through. He added that he had requested that the Chamber present an update of its' activities and priorities soon, and proposed that the question might be asked at that time. 2. City Attorney - No report. 3. City Clerk - No report. 4. City Treasurer Micki Korba referred to an article in the August edition of Western Cities magazine regarding a $20,000 a grant for "Smoke-Free Cities" . She noted that the application deadline was October 31, 1991. The City Manager explained that staff does have a no-smoking ordinance drafted relating to public buildings only and emphasized that there will be competition for the grant. S. City Manager Mr. Windsor noted that the Colony Roads Committee meeting would be meeting at 11:30 a.m. on Monday, August 19th in his office. The City Manager addressed an earlier public comment about use of consultant work. He pointed out that staff does, when possible, get involved and illustrated, as an example, the cost savings in consultant fees as a result of the contributions made by Bob Malone to the Downtown Interim Sign Committee. Councilwoman Borgeson suggested that recognition be given to those employees who do exceptional work and proposed that a letter be placed into Bob Malone's personnel file. The City Manager noted that he would draft a Council letter for the mayor' s signature. Mayor Shiers reported that there was no need for a closed session and asked for a motion to adjourn the meeting. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to adjourn the meeting; motion carried unanimously. THE MEETING WAS ADJOURNED AT 11:30 P.M. CCS/13/91 Page 19 Approved As Submitted 8/27/91 MI S RD AND PREPARED BY: r L OIN qi' y Clerk CC8/13/91 Page 20