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HomeMy WebLinkAboutMinutes 112492 Minutes Approved as Submitted 01/12/93 ATASCADERO CITY COUNCIL NOVEMBER 24, 1992 MINUTES The Mayor called the meeting to order at 7: 00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, 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; Andy Takata, Assistant City Manager/Director of Community Services; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Bud McHale, Police Chief; Doug Davidson, Senior Planner and David Foote, Consultant PROCLAMATION: Mayor Nimmo read the proclamation for "Home Care Week", November 29 - December 5, 1992 . COMMUNITY FORUM: Eric Greening, 7365 Valle, encouraged all to become familiar with the information presented to the Board of Supervisors earlier in the day relating to a reliability study on Nacimiento water. He noted that the information was available in the public library under Item #B-17 in the Board of Supervisors agenda packet for 11/24/92. John Falkenstein, 4600 Castano, inquired about tree protection plans for the bridge replacement projects on San Andres and Graves Creek. He mentioned that he had not seen any fencing around trees on those sites. Greg Luke, Public Works Director, reported that his department was arduously following the City's tree ordinance and Council approved tree protection plans. He informed the speaker that there was no need for fencing at the two bridge sites CC11/24/92 Page 1 because there were no drip systems to intrude upon. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Council of Governments (COG) - Mayor Nimmo reported on the meeting of November 18, 1992 . He stated that the principal subject of discussion was changes in priorities of Proposition 116 projects and added that COG voted to stay with those previously selected. 2. City/School Committee The City Manager provided a report on the committee's meeting held earlier that day at which time language on signage relating to a "Dusk-to- Dawn Curfew" for the Atascadero Creek area was discussed at length. Mr. Windsor asked Council for preference and/or direction. Councilwoman Borgeson reported that the attorney for the School District was looking into the matter and the Mayor suggested any decision be deferred to give staff the same opportunity. By mutual consent, this was so ordered. 3. Economic Round Table - Andy Takata reported on the meeting held November 18, 1992 . He stated that Jonni Eylar, Executive Director of the Visitors and Conference Bureau, had spoken in support of tourism promotion. In addition, Richard Shannon provided a status report on the Fashion Outlet and Dave Vega spoke regarding City identification signs. 9. Finance Committee - Councilman Luna indicated that the committee had met and were presently working on projecting cash flow and looking at ways to increase revenues. B. CONSENT CALENDAR: Mayor Nimmo read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - OCTOBER 27, 1992 2. TREASURER'S REPORT - OCTOBER, 1992 3. RESOLUTION NO. 109-92 - DESIGNATING A NO PARKING ZONE ON SAN ANDRES AVE. BEHIND THE HIGH SCHOOL 4. RESOLUTION NO. 123-92 - AUTHORIZE THE MAYOR TO EXECUTE PROGRAM SUPPLEMENTS FOR THE SAN ANDRES BRIDGE AND THE GRAVES CREEK CC11/24/92 Page 2 BRIDGE CONTRACTS S. RESOLUTION NO. 124-92 - DESIGNATING A STOP INTERSECTION ON LEWIS AVENUE @ EAST MALL 6. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA - Consideration of request for time extension (Borba/Cuesta Engineering) 7. AWARD BID #92-15 FOR SANTA ROSA ROAD SEWER PROJECT Councilman Bewley pulled Item #B-3 . Councilwoman Borgeson asked that Item #B-6 be removed for further explanation. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to approve Consent Calendar Items #B-1, 2, 4, 5, & 7; motion carried 5:0 by roll call vote. Re: Item #B-3. RESOLUTION NO. 109-92 - DESIGNATING A NO PARKING ZONE ON SAN ANDRES AVE. BEHIND THE HIGH SCHOOL Councilman Bewley noted that the signs were already posted and wondered why Council was now being asked to approve the item. He indicated that he would be in favor of allowing parking in this area during baseball games. The Mayor criticized staff for posting the signs before Council had given formal authority by resolution. By mutual consent, Council continued the matter and referred the matter back to the Traffic Committee with direction to confer with Don Clickard at Atascadero High School. Re: Item #B-6. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA - Consideration of request for time extension (Borba/Cuesta Engineering) Councilwoman Borgeson remarked that many projects are taking a long time to complete and expressed concern regarding how this may affect the City financially. She questioned whether or not the reason for the extension request was valid and asked staff if any fees had been collected for this project in 1990 when the map was approved. Henry Engen responded that fees are not collected until the building permit is taken out. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to approve the request for a one-year time extension; motion carried unanimously. C. PUBLIC HEARINGS: CC11/24/92 Page 3 1. "AUTO MALL/RV PARK" GENERAL PLAN/ZONING AMENDMENTr 905 EL CAMINO REAL A. Certification of Final EIR & Addendum B. Resolution No. 56-92 - Approving an amendment to the Land Use Map and text of the General Plan (GPA 2A-91) C. Ordinance No. 249 - Amending Map 4 of the Official Zoning Maps by rezoning certain real property at 905 E1 Camino Real from CT, RS(FH) , and L(FH) (Commercial Tourist, Residential Suburban, Recreation, Flood Hazard Overlays) to CPK and L (PD9) (FH) (Commercial Park and Recreation, Planned Development Overlay No. 9 and Flood Hazard Overlay) (ZC 02-91: Daven Investments) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided the staff report and background for the request to change the land use designation at 905 El Camino Real, a site known to many as the "Rochelle Property" . He emphasized that a proposed use was not before the Council and explained that the hearing was being held to consider certification of the Supplemental Final Environmental Impact Report (EIR) and Addendum prepared in conjunction with an application for a general plan amendment and zone change. Mr. Engen noted that approval would require adoption of Resolution No. 6-92 and Ordinance No. 249 in addition to certifying the EIR. Councilman Luna asked how the City could certify an EIR without looking at a specific project. David Foote, representing SEDES - the EIR consultant, advised that the recommended mitigation measures would apply to any project proposed for the site under the requested planned development overlay. Mr. Engen added that staff believes the suggested land use mix to be preferable than the current Single-Family Residential (RS) land use designation. Councilwoman Borgeson shared concerns relating to air quality, water availability, effluent disposal and archeological significance. In addition, she asked staff what other types of uses might be appropriate for the property. Doug Davidson displayed graphs depicting General Fund Revenue versus Expenditures for two types of uses: a proposed auto mall/recreational vehicle park (RV) and a building materials and farm equipment business. He added that any commercial project would result in a net financial benefit to the City and remarked that there would be ample opportunity for public input once a precise master plan and specific application for a conditional use permit was prepared and brought before the Planning Commission. CC11/24/92 Page 4 Councilman Luna inquired whether or not the proposed RV park would provide the City with credit towards the State-mandated supply of affordable housing. Mr. Davidson responded that it would not; he noted, however, that the park could serve as emergency housing. Public Comments: Guy Greene, representing the applicant, spoke in support of the request. He stated that his clients own the property free and clear and could presently build fourteen residential homes there if they chose to do that. Mr. Greene asserted that the proposal was better than what could be done with the existing zoning and re- emphasized that a proposed project would come before the Planning Commission and City Council for approval of specific conditions. Eric Greening, 7365 Valle, asked a number of questions, including what steps will be necessary if the zone change is approved, will all nearby property owners be notified and what recourse of appeal will be available to citizens in opposition. He advised the Council to proceed with extreme caution. Joan Denslow, Templeton resident, read a prepared statement opposing the request (see Exhibit A) . A representative of Cosmic Astro Corporation, property owners and applicants, asserted that his company has looked to the City for zoning guidance and added that it was City leaders who had encouraged pursuit of the auto mall/RV park concept. He remarked that if the community does not want the zone change, then the land can simply remain as presently zoned and his firm could move forward with the RV park. Bill Mazzacane, Executive Director of the Atascadero Chamber of Commerce, reported that the Chamber supports appropriate zoning for this large piece of property and encourages commercial development on the site. Russ Kolemaine, Box 1919, spoke in favor of the zone change and urged approval. --End of Public Testimony--- Doug Davidson responded to additional questions from Council and provided an overview of the steps that would follow if the request was granted. In addition, he noted that negotiations regarding water supply were continuing with Atascadero Mutual Water Company and confirmed that the proposed auto mall and RV park would be processed as two separate project; the applicant, he added, could pursue the RV park with the present zoning in place. CC11/24/92 Page 5 MOTION: By Councilman Kudlac, seconded by Councilman Bewley to certify the Final EIR and Addendum as an adequate document under the provisions of the California Environmental Quality Act (CEQA) , including a statement of overriding considerations for adverse environmental impacts; motion carried 3 :2 (Councilmembers Borgeson and Luna opposing) . MOTION: By Councilman Kudlac, seconded by Councilman Bewley to adopt Resolution No. 56-92 approving General Plan Amendment 2A-91; motion carried 3 :2 (Councilmembers Borgeson and Luna opposing) . MOTION: By Councilman Kudlac, seconded by Councilman Bewley to waive the reading of Ordinance No. 249 in full and introduce on first reading; motion carried 3:2 (Councilmembers Borgeson and Luna opposing) . 2. REQUEST TO EXTEND THE BOUNDARY OF THE URBAN SERVICES LINE, WEST OF HIGHWAY 101 AND PRIMARILY NORTH OF DEL RIO ROAD (Hemingway) A. GPA 92-003 is recommended for denial Henry Engen provided the staff report. He explained that analysis of the request led to the conclusion that an EIR would be necessary to evaluate potential impacts and revealed that Mr. & Mrs. Dell Hemingway, property owners, chose not to comply. The recommendation, he concluded was to deny the request. Responding to inquiry from Councilman Luna, Mr. Engen commented that the owners would be responsible for the cost associated with preparing an EIR. Public Comments: Annie Hemingway, applicant, read a prepared statement (see Exhibit B) and proclaimed that Mr. Engen was not an expert on whether there was a need for an EIR. Mayor Nimmo asked Mr. & Mrs. Hemingway if they were aware their property was not within the Urban Services Line (USL) when they acquired the land. The applicants indicated they had. Dan Knudson and Guy Malone, San Ramon Road residents, indivi-dually spoke in opposition to the request --End of Public Testimony--- Councilman Bewley asked the City Attorney if the Council was CC11/24/92 Page 6 legally obligated to include the subject property within the USL. Art Montandon advised that it was not. He clarified that the Council was being asked to make a legislative decision which would not result in the downgrading of property nor the taking of property. He further confirmed that denial was allowed by CEQA because of the fact that the applicants were not willing to prepare an EIR. Lengthy discussion ensued regarding possible uses of the property as zoned. Councilman Luna read the list of allowable uses and asserted that the owners had numerous choices. Councilwoman Borgeson disagreed and commented that many of the uses listed would not be appropriate for the acreage. MOTION: By Councilman Luna, seconded Councilman Bewley to deny General Plan Amendment No. 92-003 in accordance with the Planning Commission' s recommendation; motion carried 5:0 by roll call vote. The Mayor called a recess at 8:55 p.m. At approximately 9:10 p.m. the meeting resumed. 3. GENERAL PLAN & ZONING AMENDMENT, 5000, 5020, 5040 & 5060 MARCHANT AVE. A. Resolution No. 99-92 - Approving an amendment to the Land Use Map of the Land Use Element of the City's General Plan (GPA 92-002) B. Ordinance No. 263 - Amending Map 17 of the Official Zoning Maps by rezoning certain real property at 5000, 5020, 5040, 5060 Marchant Ave. from CP(FH) to CT(FH) (PD10) (ZC 92-008: Grinnell) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen reported that the applicant, James Grinnell, had requested that the matter be postponed due to the fact that the Planning Commission Minutes Excerpt of October 10, 1992 in the agenda packet did not include a relevant exhibit. There were no questions or comments from the Council or public. MOTION: By Councilman Kudlac, seconded by Councilman Luna to continue the hearing until December 8, 1992 motion passed unanimously. 4. LAKEVIEW DRIVE CITY-OWNED PARCELS - General Plan/Zoning Amendment CC11/24/92 Page 7 A. Resolution No. 97-92 - Approving an amendment to the Land Use Map of the Land Use Element of the City's General Plan (GPA 92-001) B. Ordinance No. 264 - Amending Map 22 of the Official Zoning Maps by rezoning certain City-owned real property along Lakeview Drive (ZC 92-011: City of Atascadero) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Mr. Engen presented the staff report and recommendations to approve. He noted that a City-owned lot on Santa Rosa Road was an exception to this request to designate existing Residential property for Recreation. The City Manager added that the prior Council had authorized negotiations for certain lots to exchange for the one on Santa Rosa. There were no comments from the Council or public. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to adopt Resolution No. 97-92 approving General Plan Amendment 92-001; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to waive the reading of Ordinance No. 264 in full and introduce on first reading; motion passed 5:0 by roll call vote. S. SAN BENITO SCHOOL BLOCK, 4500 DEL RIO ROAD Public to Suburban Single-Family General Plan/Zoning Amendment A. Resolution No. 100-92 - Approving an amendment to the Land Use Map of the Land Use Element of the City's General Plan (GPA 92-004) B. Ordinance No. 262 - Amending Map 5 of the Official Zoning Maps by rezoning certain real property at 4500 Del Rio Road from Public (P) to Residential Suburban (RS) (ZC 92- 010: City of Atascadero) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided background information and recommendation to approve. Heexplainedthat the School District had no opposition and had noted that they would not need the corner lot as previously understood.. There were no comments from the Council or public. CC11/24/92 Page 8 MOTION: By Councilman Kudlac, seconded by Councilman Luna to adopt Resolution No. 100-92 approving General Plan Amendment 92-004; motion carried unanimously. MOTION: By Councilman Kudlac, seconded by Councilman Luna to waive the reading of Ordinance No. 262 in full and introduce on first reading; motion passed 5:0 by roll call vote. D. REGULAR BUSINESS: 1. RESOLUTION NO. 125-92 - APPROVING AND AUTHORIZING THE EXECU- TION OF A CONTRACT TO PROVIDE DIAL-A-RIDE TRANSIT SERVICES TO THE TEMPLETON COMMUNITY SERVICES DISTRICT Greg Luke provided the staff report and explained how costs would be reimbursed. His recommendation was to approve Resolution No. 125-92 with the stipulation that Atascadero would service Templeton for a trial period of six months. Individual comments and concerns were shared. Councilman Kudlac voiced concern for Atascadero riders who were already suffering from poor service and indicated that he could not support the matter. Mayor Nimmo remarked that while he did have some reservations, he was inclined to go along with the proposal for the suggested six-month trial period. Public Comments: Eric Greening asked staff and the Council to look carefully at scheduling the added service and encouraged continued adequate service to Atascadero. In addition, he urged the targeting of TDA (Transit Development Act) funds. ---End of Public Testimony--- MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to adopt Resolution No. 125-92 approving the Templeton Dial - A-Ride service contract for a period of six months with the County and authorizing the Mayor to sign on behalf of the City; motion carried 4 : 1 (Councilman Luna opposing) . 2. ROUTE 41/ROUTE 101/TRAFFIC WAY INTERCHANGE IMPROVEMENT PROJECT STUDY REPORT Greg Luke provided the staff report and recommendation to direct staff to prepare the necessary agreements with COG to participate in the cost of preparing a Project Study Report of the Highway 41/Highway 101 interchange. CC11/24/92 Page 9 Councilman Luna indicated that he would support the study because it needs to be done but explained that he was opposed to the "piece-meal" way in which this intersection was being addressed. The study, he asserted, should have been done as part of the EIR for the Highway 41 realignment project. Councilwoman Borgeson agreed and exclaimed that the Council should let Caltrans know that the study will be done and improvements will be expected to be made concurrently with construction of the Highway 41 extension. Councilman Luna concurred and added that it must be clear to Caltrans that the improvements to the intersection must not be delayed. Mayor Nimmo mentioned that approving the study would send such a message. Caltrans, he added, has not been willing to study the intersection themselves. MOTION: By Councilman Kudlac, seconded by Councilman Luna to direct staff to prepare the necessary agreements with COG to participate in a Project Study Report of the Route 41/Route 101/Traffic Way interchange on a 50-50 cost split; and further, to encumber $25, 000 for this study from STP funds when they are made available to the City; motion carried unanimously by roll call vote. E. INDIVIDUAL DETERMINATION ANDIOR ACTION: 1. City Council Councilman Bewley suggested that if staff becomes aware that an item is going to be continued to let the Mayor know so that it can be announced before the meeting. Councilman Luna proposed the use of a reader-board to illustrate for the public where on the agenda the Council is and what the disposition was for items already addressed. 2. City Attorney At Councilwoman Borgeson's request, the City Attorney reported that the Council had directed him to dismiss litigation concerning Mike Bewsey and Michael Hawkins. 3. City Clerk Lee Raboin reported that she would be attending the City Clerk's Department New Law and Election Seminar in San Diego December 2-5, 1992. 4. City Manager Ray Windsor reminded all of the Friends of the Pavilion ceremony CC11/24/92 Page 10 scheduled for Thursday, December 3, 1992 at 12:00 p.m. and encouraged attendance. BY COUNCIL CONSENSUS, THE MEETING WAS ADJOURNED AT 9:55 P.M. THE CITY COUNCIL WILL MEET IN A STUDY SESSION REGARDING THE SOURCE REDUCTION AND RECYCLING ELEMENT AT 6:00 P.M. ON TUESDAY, DECEMBER 81 1992 AT 6:00 P.M. THE REGULAR MEETING WILL BEGIN ON THAT DATE AT 7:00 P.M. MINUTES RECORDED AND PREPARED BY: f LEE RABOIN,� 'it Clerk Attachments: Exhibit A (Denslow) Exhibit B (Hemingway). CC11/24/92 Page 11 CC11/24/92 _EXHIBIT "A" Joan Elizabeth Denslow Route 1 , Box 93 N04 2499 Templeton , CA 93465 To : The Atascadero City Council Lood evening mayor, council members, staff and members of the public. LIn June, qLj) five months ago, this counciT denied the EIR on this property because the overwhelming problems of no water uaranteeD or sewage hookup in addition to thus-far insurmountable public safety problems such as city Tiability for wrongful death or injury due to XM4XXX%k1KX1 KXX`PMM11K placing a. public attraction next to a. railroad tract_ Those problems have,, once again ,. not been addressed in this latest effort by the property owner tio�4change• zoning and get an, EIR approved. In addition ,, the latest white elephant plan calls, for more- limiting orelimiting zoning that would entirely do away with Suburban Single Family Residential As I understand it, that would completely rules out an home or homes on the land. /7/00 0014 �- Ye ate*osr ,4cc�,�r-�4-x3�c. vsc . LQuito frankly, council members , this latest effort was purely mounted in order to take advantage of new. council immmiffiNk andC for. one hope that the new- members will look hard and long and- 11W cv o then- vote,4al along wi b th �#t2h � members a resounding NO on, chang is proper un I a feasible, plan with a equate watery rovided b the A�ci ty of Atascadero. and not al ready p burdened Sa.Tinas River basis. �.Let the owner- come' ice: forth w th AMR& a sor+: sewage- pa arr thaa; guarantees no four—acre? ponds: next to a.. 1MIL f"1 ood p.1 &i n ,, l e the- owner- come- forward. 0 tir a pl artStha.t: d �� ot. endanger lot public hunters in. the riverbed,*'""and a p an that protects the- often-unwary public from harm by a speeding locomotive-. Please- say no until the questions are answered and please i* demand from the A1W property owner a promise to stop wasting the city staff ' s time- with a planthat has no answers . LBe unanimouse on this council menbers so that your time and the public ' s time is: not being wasted by a It 's the wrong zoning change at the wrong location . �I CC11/24/92 a@ 1 0 W 9 EXHIBIT °B" Page 1 - 1992 Atascadero City Council Meeting November 24, 1992 In our meeting with the Planning Commission on November 3, 1992, the Community Development Department had already decided to recommend denial before we ever had the meeting. Naturally, the Planning Commission went along with their recommendation. It is apparent to us that the Atascadero Planning Commission is set on "no growth" for the northwest corner of Del Rio Road and Highway 101. You see where "no growth" has gotten the County of San Luis Obispo. They are on the brink of bankruptcy.. A 100 room motel on our property can bring in up to $900.00 a night in bed tax, broaden the tax base, employ many people, and increase the income at the gas stations and restaurants_ It could definitely be a plus for the City. Another "no growther, "' one of the neighbors, said that the property should be kept for the small animals and deer.. I say the small animalsanddeer belong in the country, not in the City limits. The City is for people and buildings. In the Staff Report of October 20, 1992, it is stated, and I quote: The sewer master plan for the north end of town should be completed. prior to any changes in the Urban Services: Line. As the following section shows, the Sewer Master plan should be .the main focus of an Environmental Impact Report which also addresses the land use implications of expanding the sewer service- area. As you can see, it is the City who needs an EIR, not us. The city just wants, us to pay for what they are responsible for. Besides, it makes no sense for us to get an EIR until there is: a specific project for the property. In Greg Luke's memorandum of August 13, 1992, he states: If we plan for & larger area we should be able to actually reduce the number of pump stations by placing one or two larger, regional, pump stations at proper locations. We could then abandon some. of our localized stations. In addition, we- may be able_ to reduce the load. on the main pump station at the Corporation Yard. This would forestall. an upgrade at that facility which would- be- necessary soonto accommodate the increased flowsfromthe north end of town. As we discussed, the area- of Del Rio Road west of the freeway could be designated as- 'Phase V of the regional plan. This CC11/24/92 EXHIBIT "B" Page 2 would allow the GPA amendment to proceed in a timely fashion. In addition, everyone would know that the facilities being built are compatible with a comprehensive regional program. Mr. Luke points out that to build the sewer to the west side of the freeway could actually save the City some money. We have not asked the City to build the sewer line. We would expect that from the developer who buys our property. The City of Atascadero has confiscated our property! The property is up for sale now. If we have to sell it to someone who can only put in a business with a septic system, then we would probably only get somewhere around $300,000. If we can get sewer, then we can sell it to a developer for a motel, bringing in around $900,000 to $1 million dollars. As you can sees you are definitely getting into our pocketbooks. And we don't like it! We see no reason for our being tied to the San Ramon Land Co. They are not even Commercial Tourist. We have hired an attorney to sue the City of Atascadero if necessary. We will not give up. We will take our case to Sacramento or even to the Supreme Court, if that is what it takes! If we go to Sacramento, we will make them aware of the terrible condition of the entire sewer system in the City. It really could become costly to the City then. Dell Hemingway Annie Hemingway