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HomeMy WebLinkAboutMinutes 071492 Minutes Approved as Submitted August 11, 1992 ATASCADERO CITY COUNCIL JULY 14, 1992 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Bewley, Kudlac, Luna and Mayor Nimmo 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; Andy Takata, Director of Community Services; and Lt. John Barlow, Police Department COUNCIL COMMENTS: Councilwoman Borgeson provided a brief report on her attendance at a conference held on June 24, 1992 for the purpose of learning about new mandates set forth as a result of the adoption of the Americans with Disabilities Act (ADA) . Mayor Nimmo announced that the City, Steve Nukes & Associates, Crawford, Multari & Starr, and Professor Steve French had been presented with an Award of Merit by the Central Coast Section of the American Planning Association for "Outstanding Planning: Innovative Use of Technology" for the City's Fiscal Impact Model project. COMMUNITY FORUM: Roger Cook, 10600 Colorado Road, encouraged Council to approve a trash pick-up rate structure which would include the choice of CC07/14/92 Page 1 purchasing plastic bags for disposal; similar to ones presently used in the City of San Luis Obispo. COMMITTEE REPORTS: The following represent ad hoc or standing committees. Informative status reports were given, as follows: 1. City/School Committee - The City Manager announced that the next meeting would be July 17, 1992. (Clerk' s Note: This meeting was later cancelled) . 2. Procurement Committee - The mayor mentioned that the next meeting would be July 16, 1992 at 2:00 p.m. (Clerk' s Note: This meeting date was later changed to July 17th at 4:00 p.m. ) 3. Homeless Coalition - Mr. Windsor reported that the coalition had met on Friday, July 10th and would soon be bringing recommendations to the Council. COMMITTEE ASSIGNMENTS: Mayor Nimmo made the following appointments: Committee/Agency Appointee(s) Alternate City-School Committee Bonita Borgeson Bob Nimmo Traffic Committee Dave Bewley S.L.O. Council of Bob Nimmo* Dave Bewley Governments (SLOCOG) S.L.O. Regional Transit Bob Nimmo George Luna Authority (SLORTA) Solid/Hazardous Waste Task Bob Nimmo* Greg Luke Liability Claims Review Bob Nimmo* Marty Kudlac and Finance Committee Colony Roads Committee George Luna Marty Kudlac Economic Round Table Bob Nimmo N/A County Water Advisory Board Bonita Borgeson Greg Luke Councilwoman Borgeson mentioned she would make formal resignation CC07/14/92 Page 2 from SLOCOG and asked to continue serving on the Homeless Coalition. Mayor Nimmo officially appointed Councilwoman Borgeson to the Homeless Coalition. The City Manager reported that Economic Round Table member John Cotsenmoyer of Bank of America had resigned and suggested that Mike Meranda of Wells Fargo Bank be appointed as his replacement. In addition, Mr. Windsor proposed that Bob Lilley, former mayor and councilmember representative to the round table, be appointed to continuing serving as a member-at-large. MOTION: By Councilman Luna, seconded by Councilman Kudlac to appoint Mike Meranda and Bob Lilley to the Economic Round Table; motion unanimously passed. Mr. Windsor also pointed out that North County representation on the Economic Opportunity Commission would now go to the City of Paso Robles. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. TENTATIVE PARCEL MAP 29-89, 5100 CASCABEL ROAD - Consideration of time extension on request to create two new parcels of 2.6 and 3.2 acres (Safarjan/Volbrecht Surveys) 2. RESOLUTION NO. 62-92 - RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR FY 1992/93 (Cont'd from 6/23/92) 3. 1992/93 BUDGET: A. Resolution No. 67-92 - Adopting FY 1992/93 Budget B. Resolution No. 65-92 - Adopting FY 1992/93 Annual Spending Limit C. Resolution No. 66-92 - Adopting a voluntary work furlough policy D. Motion reaffirming the City's current developer impact fees 4. RESOLUTION NO. 64-92 - APPOINTING FIVE MEMBERS TO THE CITY'S PARKS & RECREATION COMMISSION 5. AWARD OF BID NO. 92-06 FOR DOWNTOWN ROAD AND DRAINAGE IMPROVEMENTS AND OTHER MINOR ROAD IMPROVEMENTS Councilwoman Borgeson pulled Item #B-4 and asked that this matter trail Item #D-6 (Ordinance No. 252 enlarging membership to the Parks & Recreation Commission) By consensus, this matter was moved, as requested. See page 12) . CC07/14/92 Page 3 MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Consent Calendar Items #B-1, 21 3, and 5; motion passed 5:0 by roll call vote. C. HEARINGS: 1. TENTATIVE TRACT MAP 02-87, 9385 VISTA BONITA - APPEAL OF SEWER INPROVEMENT CONDITON RECONSIDERATIN AND TIME EXTENSION (Central Coast Engineering) Greg Luke, Public Works Director, reported that a request for continuance had been received by the appellant's legal counsel, Paul Metchik and recommended that this request be granted. By consensus, the matter was continued until July 28, 1992. 2. TENTATIVE PARCEL MAP 92-002, 7255 PINAL AVE. - APPEAL OF PLANNING COMMISSION'S DENIAL OF PROPOSED DIVISION OF 3.2 ACRE PARCEL INTO TWO LOTS OF 1.50 AND 1.70 ACRES (Shrefler/Westland Engineering) Henry Engen provided the staff report and recommendation to deny. He noted, for the record, that Terence Orton of Westland Engineering Company, had stated in his letter dated June 16, 1992 that the Commission had not held a legal public hearing. Mr. Engen remarked that staff respectfully disagreed and reported that the matter had been noticed and legally held pursuant to State Law. The Community Development Director then responded to questions from Council regarding the history of the application, septic design, grading and Regional Water Quality Control Board (RWQCB) assessment. Mr. Engen clarified that the RWQCB had only approved the original lot. He added that the split would not have been approved under provisions of the old General Plan and because of the language regarding slope, could not be approved under the present General Plana Public Comments: Appellant, Dee Anna Shefler, spoke in support of the appeal. She pointed out that the Council had in their agenda packet a partial chronology of events relating to the lot split application and voiced frustration that the project was still yet unapproved. Councilman Bewley asked Ms. Shefler if she had been aware, at the time, that her application had run out. She replied that she had not. Terry Orton, Westland Engineering, argued that the Planning Commission agenda limited what could be discussed at the hearing and urged Council to uphold the appeal. In addition, he requested CC07/14/92 Page 4 that the applicant be allowed to go back and work with staff on the project and give them the opportunity to prove to the RWQCB that the septic system proposed is a good one. Mr. Orton, responding to inquiry by the Mayor, stated that the appellant was willing to go back and begin the process all over under the current General Plan. ---End of Public Testimony--- Mayor Nimmo asked the Community Development Director if the lot split would be consistent with the present General Plan. Mr. Engen responded that it would not given the language preluding new lots where septic systems would be required on slopes of more than 30%. Councilwoman Borgeson asserted that if the project is not consistent with the General Plan, she could not support it. Councilman Luna remarked that he was concerned about massive grading done already and contended that he was not in favor of directing staff and the RWQCB to process the application again. He added that he agreed with the recommendation of the Planning Commission and indicated he could not support the appeal or the application. Councilman Bewley emphasized that the application had been initiated before adoption of the new General Plan, that the application had run out through no real fault of the applicant and that he was in favor of allowing the application to be "grandfathered in". MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to deny the appeal of the Planning Commission's recom- mendation, denial of Tenetative Parcel Map 92-002 based on their Findings for Denial (Attachment F of the staff report) . Discussion on the motion: Councilwoman Borgeson stated that while she saw no real choice but to deny the appeal, she was distressed by the convoluted process the applicant had to go through. She asserted that applicants need prompt direction and follow-up from staff. Mayor Nimmo stated that the criteria for lot splits is specific and when an application meets all the criteria, it should not be denied. The evidence in this case, he concluded, was that the proposed project did not meet the criteria. Vote on the motion to deny: Motion carried 4: 1 with Councilman Bewley voting in opposition. CC07/14/92 Page 5 3. CONDITIONAL USE PERMIT 91-02, 5950 EL CAMINO REAL - APPEAL OF PLANNING COMMISSION'S ACTION REAFFIRMING ORIGINAL CONDITIONS OF APPROVAL, INCLUDING REMOVAL OF A SHED FOR OFF-STREET PARKING (The Card Parlour/Togni) Henry Engen provided the staff report and recommendation to deny the appeal and approve the Conditional Use Permit based on the original Conditions of Approval. Councilwoman Borgeson shared some concern about language set forth in Section 9-4. 120 of the Zoning Ordinance relating to parking and argued that while she did not agree with the concept of off-site parking 400 feet away, it would be difficult to deny the appeal if the appellant met the letter of the law and is able to provide the spaces required. She asked that staff take another look at the language in that section. Councilman Luna asked where the mandated handicapped parking space would be located. Public Comments: Representing the appellant, Roger Picquet spoke on behalf of the appeal and in support of revised Conditions of Approval which would allow off-site parking and retention of the storage building. He noted, in response to Councilman Luna's inquiry, that the handicapped parking space would be located on-site, not off. He mentioned that the appellant was willing to modify the off-site parking lease agreement to allow periodic review and was, further, open to making changes in the format of the agreement. He added that the storage shed was a critical component of the lease for the bar and without it business could not be continued at that location. Mr. Togni, he continued, would be faced with subsequent litigation with lessees if he were to remove the shed. Councilman Luna asked Mr. Picquet to clarify if the use of the storage shed was a condition of the recent sale of the bar. Mr. Picquet reiterated that if the owner was to remove the shed it would cause legal problems with the lessors. Councilman Bewley asked when the bar was sold and whether or not the new owner bought it with the knowledge that the shed would have to be moved. Mr. Picquet indicated that he did not have that information. Bob Johnson, Planning Commissioner, pointed out that during the Planning Commission hearing Mr. Togni had indicated that he did know of the conditions for the removal of the shed upon sale of the bar. ---End of Public Testimony--- CC07/14/92 Page 6 MOTION: By Councilman Kudlac, seconded by Councilwoman Borgeson to uphold the appeal subject to periodic re-evaluation by the City and including an amendment to the lease agreement that would comply with Section 9-4. 120 of the Zoning Ordinance; motion carried 5:0. 4. RESOLUTION NO. 63-92 - ADOPTING SANITATION SERVICE CHARGES TO BE ADDED TO THE 1992/93 PROPERTY TAX BILL Greg Luke informed Council that this routine matter was the annual ritual enacting sewer charges and mentioned that there had not been any rate increases. There were no questions or comments from Council or the public. MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Resolution No. 63-92; motion carried unanimously by roll call vote. Mayor Nimmo called a recess at 8:47 p.m. The meeting was reconvened at 9:05 p.m. Mayor Nimmo announced that Item #D-3 would be continued due to the illness of Jeff McAlister. D. REGULAR BUSINESS: 1. AUTO MALL/RV PARK - LETTER FROM PROPONENT REQUESTING RECONSIDERATION Henry Engen provided a brief background and reported that Guy Greene, representing the applicant, was requesting that the application be allowed to come back for reconsideration as one of the two remaining discretionary General Plan Amendment applcations. City Attorney, Art Montandon, interjected and announced that a letter had been received from a member of the public questioning whether or not Councilman Bewley may have a potential conflict of interest for this item and Item #D-4, also on the agenda. He reported that he had researched the matter and was advising that no conflicts presently exist. He noted that he would monitor the situation. Addressing the agenda item, Councilman Luna asked the Community Development Director what would happen now in light of the fact that the previous Council did not certify the Environmental Impact Report (EIR) . Mr. Engen remarked that it had been unfortunate that the consultants who prepared the EIR were not able to be present at the City Council hearing of June 9, 1992. He stated that the consultants would soon be reviewing the tape recordings of the hearing and projected that modifications and/or revisions would then be made to the EIR based on that testimony. CC07/14/92 Page 7 Public Comments: Eric Greening, 7365 Valle, disputed the applicant's contention (Guy Greene' s letter dated 6/24/92) that there had been little public controversy to the proposed project and asserted that the City would be better served if the applicant would come back with a whole new plan. ---End of Public Testimony--- MOTION: By Councilman Kudlac, seconded by Councilman Bewley to accept the request of Guy S. Greene & Associates for a re-hearing of their proposed General Plan and Zoning Amendments as a third discretionary application for 1992; motion carried 3:2 with Councilmembers Borgeson and Luna voting in opposition. 2. LETTER FROM GLEN LEWIS REGARDING ED'S GARAGE, 6940 EL CAMINO REAL (VOLVO SALES) Henry Engen provided the background and staff report. He reported that it had been determined that Ed's Garage had been violation before the Downtown Master Plan had been adopted and did not have a business license. He outlined three alternatives for action and responded to questions from Council. The City Attorney noted that that Mr. Lewis had failed to submit an abatement schedule per his request. Mayor Nimmo suggested that Council give consideration to a one-year extension, subject to acquisition of a business license, to allow the owner to relocate the business. Mr. Montandon advised that one year was a reasonable abatement period. Councilman Bewley suggested that, in order to keep Ed's Garage in business and continue the generation of tax dollars, that the time extension be long enough to see the results of the proposed auto mall. He asked the Community Development Director what would happen if a new location has not been found by the end of the extension period. Mr. Engen indicated that the matter could come back to Council for an update and additional time extension request. MOTION: By Councilman Kudlac, seconded by Councilman Luna to authorize an abatement period of one year subject to acquisition of a business license and to direct staff to assist the relocation of the business and draw up an abatement plan; motion carried 5:0. CC07/14/92 Page 8 3. LETTER FROM JEFF MCALISTER REQUESTING RECONSIDERATION OF MANDATORY TRASH PICK-UP Item continued to July 28, 1992 (see page 7) . 4. CIRCULATION ELEMENT COMPLETION - LETTER FROM CONSULTANT RE: HIGHWAY 41 Greg Luke provided the staff report. He explained that DKS & Associates was seeking direction for a course of action regarding Route 41 improvements as input to the Circulation Element and noted that DKS was recommending the "Alternate A-Modified" route. The City Manager, responding to inquiry from Councilman Kudlac, remarked that Caltrans has indicated that it wanted City input by early August and without it would proceed in late August. Councilwoman Borgeson asserted that the Council had asked for a full EIR before making a final decision on the realignment and expressed disapproval for being asked to make that kind of decision now, before the EIR has been certified. Councilman Luna inquired about costs associated with amending the Circulation Element if the alternative is changed. Greg Luke projected a cost of about $10,000 or approximately 10% of the project cost. Councilman Kudlac voiced support for A-Modified. Public Comments: Russ Kolemaine, Box 1919 Atascadero, contended that economic impacts have not been adequately addressed by the EIR and indicated that he hoped the Council would direct staff to initiate research on what impact the realignment would have on property values. Peter Boonisar, 5212 Magdelena, urged the Council not to make a decision without a final EIR and public hearing. He criticized the draft EIR, claiming that it was inadequate, and reported that he had filed a complaint with the Grand Jury. He shared concern for traffic problems in the downtown as a result of the project and pondered why DKS & Associates had not considered the option of re- routing traffic up 101 to Paso Robles. In addition, Mr. Boonisar mentioned that he was wondering whether, if the A-Modified alternative is approved, garbage would be hauled from other areas of the County to the Cold Canyon Landfill. Joan ©'Keefe, 9985 Old Morro Road East, asked the Council how the public would know if there was a conflict of interest on the part CCO7/14/92 Page 9 of any member of the Council. Mayor Nimmo stated that this was not the topic of discussion. Ms. O'Keefe, speaking to the issue, read a prepared statement (Exhibit A) voicing opposition to the Alternatives A or A-Modified and support for Alternative B. The City Attorney invited Ms. O'Keefe to speak to him personally if she has questions regarding conflict of interest. Livia Kellerman, 5463 Honda, implored the Council to not make a decision until all consequences of each alternative have been studied and a full public hearing has been held. Dorothy McNeil, 8765 Sierra Vista Road, asked the mayor why the Council was being asked to make a decision before certifying the EIR. Mayor Nimmo clarified the intent of the agenda item. Ms. McNeil spoke in support of Alternative B. Whitey Thorpe, 8025 Santa Ynez, urged the Council to go ahead and approve the alternative the community has supported for years. Jan Bewley, 7955 San Gregorio Road, reported that she had helped acquire 1,600 to 1,700 signatures in support of A-Modified and remarked that the majority of the citizens of Atascadero favored that alternative. Eric Greening asserted that it was not the responsibility of the taxpayers statewide to address the local traffic stivation. In addition, he urged the Council to ask DKS & Associates to make the assumption that either alternative could be selected and, further, that they wait on a final decision until the Final EIR has been approved. Virginia Powers, 7505 Carmelita, read a portion of a letter she was sending to Governor Pete Wilson in support of using the limited funds available to construct Alternative B and repair an unsafe bridge along the route. Her letter also asked that if this alternative was not selected by Caltrans, that the Governor send to Atascadero a representative who could explain the justification for the "monstrous waste of taxpayers' money" . Eric Michielssen, 5300 Aguila, remarked that the DKS study covers many aspects of traffic, not just the Highway 41 issue, and stressed the importance of making a decision and not delaying the Circulation Element. ---End of Public Testimony--- MOTION: By Mayor Nimmo, seconded by Councilman Kudlac that the Council accept the DKS & Associates Supplemental Report dated July 7, 1992 and concur with the conclusions and CCO7/14/92 Page 10 recommendations of that report. Discussion of the motion: Councilwoman Borgeson stated that it was premature to give direction to DKS. Councilman Luna agreed. Councilman Kudlac asked the Public Works Director to respond to Mr. BoonisarIs comments regarding use of the Chicago Grade Landfill by other parts of the County. Mr. Luke remarked that the matter was complex and would provide Council with a memorandum identifying potential problems regarding the landfill as a result of the realignment. Councilman Kudlac then asked when Caltrans needs a final decision on the proposed project. Mr. Luke stated that Caltrans has indicated it wants a final decision from the City by the end of August ( 1992) . Councilman Bewley asked if the motion on floor would represent a formal recommendation to Caltrans. Mr. Windsor emphasized that the Caltrans representative and coordinator of the project had related that no further public hearings were intended and was looking for a final determination by the City no later than the early part of August. In the absence of that decision by the City, he was told on the phone, Caltrans would go ahead and make its' own decision by the end of August. Councilman Bewley, clarifying the intent of the motion, remarked that the decision presently before Council was, in essence, giving formal support for the A-modified realignment. Mayor Nimmo agreed. Vote on the motion: Motion carried 3:2 (Councilmembers Borgeson and Luna voting in opposition) . 5. LETTER FROM DOUG LEWIS REGARDING MISCELLANEOUS TRAFFIC AND CIRCULATION ISSUES The City Manager reported that staff was looking for direction and suggested that Council refer the matter back to staff, and possibly to DKS & Associates, to examine concerns addressed in Mr. Lewis' letter (July 7, 1992) in conjunction with the Circulation Element. Atascadero resident Doug Lewis stated that he felt the issues he was raising should be considered separately from the Circulation Element. By consensus, Council referred the matter back to staff for examination and possible referral to consultants for study. CC07/14/92 Page 11 6. ORDINANCE NO. 252 - RESTORING THE MEMBERSHIP OF THE PARKS AND RECREATION CouncilMMISSION FROM FIVE (5) TO (7) (Recommend ( 1) motion to waive reading in full and read by title only, and (2) motion to approve on first reading by title only) Mayor Nimmo mentioned two minor changes to the ordinance. Andy Takata provided a brief report and recommendation to introduce the ordinance. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to waive reading in full of Ordinance No. 252; motion unanimously carried. MOTION: By Councilman Luna, seconded by Councilman Bewley to introduce Ordinance No. 252, as amended, on first reading; motion carried 5:0 by roll call vote. Item Added: B-4. RESOLUTION NO. 64-92 - APPOINTING FIVE MEMBERS TO THE CITY'S PARKS & RECREATION COMMISSION MOTION: By CML, seconded by CMK to adopt Resolution No. 64-92 appointing five members to the City's Parks & Recreation Commission; motion carried unanimously. 7. ORDINANCE NO. 248 - COMPREHENSIVE REVISIONS TO TITLE S. BUILDING REGULATIONS, TO UPDATE CONSTRUCTION REGULATIONS (Recommend motion to approve on second reading) MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to waive the reading of Ordinance No. 248 in full; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Kudlac to adopt Ordinance No. 248 on second reading; motion passed 5.0. 8. SCHEDULE DATE AND TIME FOR PLANNING COMMISION INTERVIEWS By consensus, Council agreed to meet in special session to interview candidates for the Planning Commission on Thursday, August 20th beginning at 4x00 p.m. in the Club Room. By consensus, Council adjourned to a Closed Session for purposes of discussion regarding litigation, , entitled O'Keefe v. City of Atascadero at 10:35 p.m. Said Closed Session was adjourned at 10:50 p.m. CC07/14/92 Page 12 MINUTES "'CORDED PREPARED BY: LF 0- 1N, Clty, lerk Attachment: Exhibit A - O'Keefe CC07/14/92 Page 13 JUL 14 11MM Joan O' Keefe�� CJK-4/ 44/ 9985 Old Morro Rd E. 7-1492 CC7/14/92 EXHIBIT A Fifteen million dollars for a band aid! These are the words the consultants used in their report to describe what redirecting traffic off Curbaril to the 41-E1 Camino Real intersection will accomplish. For a few years, at most, Alternate A will pull traffic off Curbaril and down to E1 Camino and 41. Since when is Caltrans supposed to be responsible for the cities circulation problems? This isn't about traffic on the present routing of Hwy 41 through the City. This is about temporarily redirecting traffic from one neighborhood to another neighborhood at the cost of $15 ,0000,000 and causing irreparable damage to the environment through extensive movement of the earth and removal of vegetation Does Caltrans plan to provide this kind of a freebie to other cities that have avoided planning for the infrastructure needed to support the development they've approved? There is no overriding health, safety or welfare issue that can justify putting in this road. Neither the accident rate, traffic flow or air quality will be improved significantly by this project. The state of California is in a financial crunch and the majority on this Council are willing to spend $15,0000 .000 for a band aid. I've heard some of the Council persons say we should spend the money: because its been approved. Well a Poultry building has been approved for Cal Poly and they' re phasing out their poultry program but the money is there so I suppose they should spend it and they probably will. Building a new bridge and rerouting Hwy 41 north to Hwy 46 will take care of any problems presented by the current route. If this council is going to be a fiscally responsible Council that is the recommendation they will make this evening.