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HomeMy WebLinkAboutMinutes 100891 Approved as Submitted 11/12/91 ATASCADERO CITY COUNCIL MINUTES OCTOBER 8, 1991 Mayor Shiers called the meeting to order at 7:02 p.m. Councilman Dexter led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Nimmo, Dexter and Mayor Shiers Absent: Councilman Lilley Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Steve Decamp, City Planner; Mark Joseph, Administrative Services Director and Bud McHale, Police Chief COUNCIL COMMENT: Councilman Dexter announced that he would be absent during the next two meetings: the October 10 joint session with the Planning Commission and the next regular meeting scheduled for October 22, 1991. PROCLAMATION: Mayor Shiers read the proclamation for "Alzheimer's Awareness Day", October 17, 1991. The mayor presented the proclamation to David Troxel, Executive Director of AD Care Association and Susan Bailey, Site Coordinator. A. COMMITTEE REPORTS: (The following represent ad hoc or standing committees. Informative status reports were given as follows: 1. S.L.O. Regional Transit Authority - Councilwoman Borgeson reported that she would not be able to attend the meeting CC10/8/91 Page 1 of October 24, 1991 and asked that the mayor, as alternate, be present. 2. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that the committee had met one week ago and reviewed tasks assigned to the task force and the technical committee. In addition, he reported that discussions relating to AB 939 revealed that each jurisdiction can show that it is making progress in reducing solid waste. 3. Recycling Committee - Mayor Shiers indicated that the committee had met and discussed a variety of agenda topics. 4. Economic Opportunity Commission - Councilman Dexter announced that the commission was seeking a low-income representative from Atascadero to serve a two-year term. 5. City/School Committee - The City Manager reported that the next meeting would be on October 24, 1991, at 1:30 p.m. 6. Traffic Committee - Councilman Dexter stated that the committee had met and were making formal recommendations on the Consent Calendar. 7. Downtown Interim Sign Committee - Mr. Windsor recognized Councilman Lilley' s absence and noted that Regular Business Item #D-4 related to this report. He remarked that he would ask for a continuance of the matter later in the meeting. S. County Water Advisory Board - Councilwoman Borgeson announced that the board had met on October 7, 1991 and had formed an ad hoc committee to formulate positions on "State Water" to be forwarded to the County Board of Supervisors. 9. Economic Round Table- The City Manager reported that the next meeting would be Thursday, October 17, 1991 at 7:30 a.m. in Room 102 of City Hall. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - AUGUST 27, 1991 2. CITY COUNCIL MINUTES - SEPTEMBER 10, 1991 CCTO/8/91 Page 2 3. RESOLUTION NO. 97-91 - ESTABLISHING A NO PARKING ZONE ON EL CAMINO REAL ALONG THE FRONTAGE OF HENRY'S VIDEO 4. RESOLUTION NO. 08-91 - ESTABLISHING A TWO-HOUR PARKING ZONE ON EL CAMINO REAL FROM THE SOUTHERLY BOUNDARY OF ATASCADERO FORD TO THE NORTHERLY BOUNDARY OF THE ADJACENT CONDOMINIUM COMPLEX 5. RESOLUTION NO. 99-91 - APPROVING TWO STOP SIGNS AT ARDILLA AND PORTOLA ROADS 6. ACCEPTANCE OF FINAL PARCEL MAP 7-89, 7000 SAN PALO ROAD - Subdivision of 7.00 acres into four lots of 1.55, 1.60, 1.65 and 2.20 acres (McNamara/Cuesta Engineering) 7. QUARTERLY RISK MANAGEMENT REPORT Councilwoman Borgeson asked that Item #A-5 be pulled for further discussion. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve the Consent Calendar with the exception of Item #5; motion carried unanimously 4:0. Re: Item #5. RESOLUTION NO. 99-91 - APPROVING TWO STOP SIGNS AT ARDILLA AND PORTOLA ROADS Councilwoman Borgeson shared concern regarding one of the two proposed stop signs and the possibility of creating some driver confusion at the intersection. Greg Luke, City Engineer, advised that visibility and placement of the sign would be clear and accurate. MOTION: By Councilman Nimmo, seconded by Mayor Shiers to adopt Resolution No. 99-91 establishing stop intersections on Ardilla Road at Portola Road; motion carried 4:0. C. REGULAR BUSINESS: 1. TENTATIVE PARCEL MAP 97-91, 9120 Atascadero Avenue - Appeal of two conditions of approval of the proposed division of one acre into two lots (Plotkin/Twin Cities Engineering) Steve DeCamp provided a brief introduction and deferred to the City Attorney. Mr. Montandon reported that he had discussed the matter with the appellant and indicated that an agreement might be negotiated. He requested that thematterbe continued for two weeks, at which time he would provide details. CC10/8/91 Page 3 MOTION: By Councilman Dexter, seconded by Councilman Nimmo to continue the matter until October 22, 1991; motion carried unanimously. 2. ZONE CHANGE 07-91 - Proposed zoning text amendment to allow fences in excess of 3 feet in height to be located in required front yard and side yard setbacks adjacent__to_ a street A. Ordinance No. 232 - Amending the Official Zoning Ordinance relative to the allowed height of fences, hedges and walls located within required front yard setback areas and side yard setback areas where the side yard lies adjacent to a street (Recommend motion to waive reading in full and approve on first reading by title only) Steve Decamp presented the staff report and recommendation. He responded to brief questions from Council. Public Comments: Shirley Moore, 8200 Curbaril, thanked the Council for consideration of the proposed ordinance. Marj Mackey, 5504 Tunitas Avenue, spoke in favor of the ordinance, pointing out that her initial concerns had been addressed in the staff report. Annie Bradford, 4590 Lobos Avenue, reported that the Planning Commission had ordered her to take down a fence and asserted that she felt singled out. She stated that she, herself, had counted over one hundred illegal fences in town. Jason Davis, 9000 San Gabriel Road, commented that he lived in a rural area where deer often graze in the yard. He asked what kind of fence would be allowed. The City Planner clarified that the key issue is that the fence not interfere with visibility and advised that a variety of fences designed to specifically keep animals off one's property are permitted. R.S. Colmain, of Atascadero, inquired as to any limitations on the height of a retaining wall. Mr. DeCamp explained that if a wall is constructed to retain earth, it is not considered a fence. He remarked that staff, in that instance, relies upon the Uniform Building Code for guidance. Richard McKeown, 8370 Plata Lane, wondered if the ordinance would affect fences on freeway over-ramps and shared concern for safety issues at the overpass of Highway 101 and Santa Rosa Road. CC10/8/91 Page 4 Eric Greening, 7365 Valle, agreed that the overpass at Santa Rosa was a dangerous site for the pedestrian as well as the motorist. The City Manager, in response to comments made by Mr. McKeown and Mr. Greening, explained that the State has authority and although the City was has asked for a solution to the problem, it has received none. ---End of Public Testimony--- MOTION: By Councilman Nimmo, seconded by Councilman Dexter to waive the reading of Ordinance No. 232 in full and approve by title only; motion carried 4:0. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve Ordinance No. 232 on first reading; motion carried 4:0 by roll call vote. D. REGULAR BUSINESS: 1. CREEKWAY MAPPING COMMITTEE - FINAL REPORT Greg Luke displayed the final maps and provided an overview of the data collected by the Creekway Mapping Committee. He indicated that the results would now provide the Council with a useful planning tool for addressing critical issues relating to Atascadero's creeks. The Public Works Director then responded to questions from Council. Councilman Dexter asked if the committee was making any recommendations regarding creek setbacks. Mr. Luke replied that they were not and suggested that determinations be made on a case- by-case basis using broad guidelines established by the Council. The mayor asked if there were biologists who would be looking at more specialized biological features in the creek. Mr. Luke stated that two members of the Creekway Mapping Committee are from the scholastic community and have studied the riparian habitat. He added that it would be advisable to have each project looked at individually. The Public Works Director responded to questions from Councilwoman Borgeson about the mapping process and preparation of the plant list (staff report - Appendix A) . Ms. Borgeson indicated that she thought the plant list should be more area-specific. In addition, Councilwoman Borgeson noted that there were still areas and uses that were not yet mapped. The Public Works Director recognized that a number of geological features that could be mapped and suggested that refinements to the map be made after a policy has been adopted, CC10/8/91 Page 5 Councilman Nimmo commented that the Council now has the information it needs to make decisions about where setbacks may be appropriate and what kinds of uses are permissible. Public Comments: Eric Greening remarked that the plant list provided in the staff report was irrelevant. ---End of Public Testimony--- Councilwoman Borgeson mentioned a memo to the City Council from the City Manager and stated that she shared his concern for making premature decisions regarding creek setbacks. Mr. Windsor stated that the intent of the memo was to caution Council against aking any specific decisions relating to the creek because it might give the impression that the Council has already made up it's mind before receiving public testimony at noticed public hearings on the General Plan Update. Mayor Shiers stated that he was interested in additional specialized biological features and that this information would be helpful in making decisions about the creeks. He added that he believed it important to protect the riparian zone. Mr. Windsor reported that he had invited Karen Worcester, representative from the Department of Fish & Game, to come to either to this meeting or to the joint session scheduled for October 10, 1991. He added that it would be to the City's benefit to receive her input. Mayor Shiers and Councilwoman Borgeson noted that they would have appreciated more opportunity to review the maps. Councilwoman Borgeson also indicated that she would like to give staff direction to begin work immediately on an ordinance that would deal specifically with off-road vehicle use in the creek. Mayor Shiers noted that matters relating to creek policy would be discussed at the joint session later in the week. 2. RESOLUTION NO. 100-91 - PERMITTING TEMPORARY SEWER HOOK-UP TO 5270 SAN ANSELMO The City Manager briefly reviewed the staff report and pointed out that a precedent had been set by Council action taken in February of 1990 whereby Mr. and Mrs. Donald Kline were allowed emergency sewer hook-up. Mr. Windsor noted that staff was requesting that the same consideration be given to the applicant, Diana Bauer. He pointed out that the hook-up would be temporary until such time as the Urban Services Line is extended, as recommended in the Draft General Plan Update. CC10/s/91 Page 6 Responding to brief questions, Steve DeCamp assured the Council that there were no changes in density or zoning and that there were no other land use deviations proposed. He advised that terms of the agreement with the Bauers were identical to those in the approved agreement with the Klines. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adopt Resolution No. 100-91 approving temporary sewer hook-up at 5270 San Anselmo Road; motion unanimously passed. 3. PERSONNEL CONSULTANT AGREEMENT STATUS Mark Joseph presented the staff report and requested direction from Council. He responded to brief questions from Council regarding services provided by the consultant, Becker & Bell, and by the City Attorney. The City Manager pointed out that the City had used Becker &Bell for labor negotiations and other personnel services for almost ten years and proposed that, in light of the fact that no formal negotiations are anticipated until 1993, it may be timely to go out to bid. Councilman Nimmo commented that potential cost savings were significant and favored the idea of seeking other proposals. Council to follow staff recommendation and go out to bid for personnel services. 4. DOWNTOWN STREET IDENTIFICATION SIGNS AND SUPPORT POLES The City Manager asked, due to the absence of Councilman Lilley, that this matter be continued until the next regular meeting. MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to continue Item #D-4 until the next regular meeting; passed unanimously. 5. ORDINANCE NO. 231 - Authorizing an amendment to the contract between the City of Atascadero and the Board of Administration of the California Public Employees Retirement System (PERS) (Recommend motion to waive reading in full and approve on second reading by title only) The City Manager reported that this was the second reading of an ordinance amending the contract with PERS by adding the post- retirement benefit. There was no discussion. MOTION: By Councilwoman Borgeson, seconded by Councilman Nimmo to CC10/8/91 Page 7 adopt Ordinance No. 231 authorizing an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Atascadero; motion carried 4:0 by roll call vote. E. INDIVIDUAL DETERMINATION: 1. City Treasurer Micki Korba reported that the last Certificate of Deposit would be placed into the Orange County Pool, where the funds would earn a higher interest rate. AT 8:31 P.M. , COUNCIL ADJOURNED TO A CLOSED SESSION FOR PURPOSES OF DISCUSSIONS REGARDING (1) POTENTIAL LITIGATION, ENTITLED LEA V. THE CITY OF ATASCADERO AND (2) PENDING LITIGATION, ENTITLED MANNING V. THE CITY OF ATASCADERO. Said closed sessions held pursuant to sections 54956(a) and 54956.9 of the Government Code. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adjourn the Closed Session; motion unanimously carried. AT 8:50 P.M. THE MEETING WAS ADJOURNED. THE NEXT MEETING OF THE CITY COUNCIL WILL BE IN JOINT SESSION WITH THE PLANNING COMMISSION ON THURSDAY, OCTOBER 10, 1991 AT 7:00 P.M. MINUTES -RECORDED AND TRANSCRIBED BY: LEE RABOTH, t_'it Clerk CC10/8/91 Page 8