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HomeMy WebLinkAboutMinutes 022387(MINUTES APPROVED BY COUNCIL, AS WRITTEN, 3/10/87) ATASCADERO CITY COUNCIL MINUTES February 23, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Mackey, followed by the Pledge of Allegiance. An invocation was given by Councilman Handshy. Rnr.r. rnr.r. Present: Councilmembers Borgeson, Handshy, Molina, Norris and Mayor Mackey Absent: None STAFF Mike Shelton, City Manager; Jeffrey Jorgensen, City Attorney; Bud McHale, Police Chief; Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk. Mayor Mackey presented a plaque to Michael Moore, Dial -A -Ride Location Supervisor since May 1981, who is leaving service. COMMUNITY FORUM Sarah Gronstrand, resident, expressed opposition to the City Council's denial (at meeting of 2/10/87) of authorization for grant application for bridge replacement funds, due to financial impact, citing loss of potential $400,000 in grant funds. She spoke in support of the Public Works Director's initiative in filing for said funds. A. CONSENT CALENDAR 1. Approval of Minutes of Regular Council Meeting of February 10, 1987 2. Approval of Finance Director's Monthly Report - January, 1987 3. Approval of Treasurer's Monthly Report - January, 1987 4. Recognition of January Employee of the Month - George Wolfrank, Public Works Department 5. Approval of Tentative Parcel Map 38-86 - 9110 Atascadero Ave. Subdivision of 2 Parcels at 1.83 Acres into 3 Lots of .58, .61 & .64 Acres Each - Schmidt/Kenneth Wilson 6. Approval of Tentative Tract Map 39-86 - 9359 Musselman - Creation 1 Site - Norton/Cuesta Engineering 7. Approval of Tentative Tract Map 1-87 - 8865 Morro Road - Creation of 6 Office Condominiums from a 6 -Unit Office Project Currently Under Construction - Milosevic 8. Approval of Tentative Lot Line Adjustment 2-87 - 4900 San Benito - Adjusting Property Line between 2 Existing Lots - Sibbach/ Volbrecht 9. Acceptance of Final Tract Map 28-85 - 8935 Morro Road Day/Kennaly Engineering 10. Acceptance of Final Lot Line Adjustment 11-85 - 4370/4390 Rosita Avenue - Jewell/Stewart 11. Acceptance of Final Parcel Map 34-86 - 8730 Coromar Road Bryson/ Volbrecht Surveys 12. Acceptance of Final Parcel Map AT 830311:1 - 3100/3150 Ardilla - Davis/Twin Cities Engineering MOTION: By Councilman Handshy to approve Items Al -12, seconded by Councilwoman Borgeson; passed unanimously by roll -call. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Planning Commission Denial on Tentative Parcel Map 35-86 Application - 7503 Carmelita - Subdivision of a 3.53 Acre Parcel into 3 Lots of 1.06, 1.23 and 1.26 Acres Each - Thomas Bench Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Tom Bench, appellant, spoke in support of this appeal, saying he bases it on unprofessional research by the Planning Division. The only is- sue cited in the staff report which "comes close", he says, is that of access to the recreational easement. Don Sauerresig, 7705 Carmelita, spoke in opposition to this lot split, expressing his feeling that the current Council should vote to uphold the precedence set by the previous Council in denying this split. Ellen Hines, 7555 Carmelita, spoke in opposition to -this lot split, feeling most of subject property is in a flood hazard zone and that, if granted, the split would serve no benefit to the neighborhood. Judy Stanley, 7505 Curbaril (which property abuts parcel #3), presen- ted a letter from her lawyer (George & Collins, dated 2/20/87) to Mayor Mackey explaining current litigation concerning a dispute over the ownership of the area where the two properties meet. 2 Virginia Powers, 7505 Carmelita, noted she had repeatedly asked Mr. Hahn, prior to the purchase of her property, how many more buildings there would be on subject property (which is to the rear of her prop- erty), saying Mr. Hahn had told her three. She expressed frustration with having to constantly defend her property rights, saying this is the fourth time she has been to the Rotunda Rm. to address this issue. Dick Russell, who owns a parcel adjoining Mr. Benches, spoke in op- position to this lot split, mainly due to his feeling that underground utility easements (for sewer and gas lines) will be overburdened, and it would be very difficult to identify which lines go to which par- cels. Thomas Ray, son-in-law of the previous speaker, who plans to build on one of Mr. Russell's parcels, spoke in opposition to the proposed lot split, citing potential loss of rural nature of the site. Dorothy Bench, co -appellant, responded to allegations made by Ms. Stanley, whose comments are noted above. Bob Powers, 7505 Carmelita, spoke in opposition to this lot split "for the fourth time". Holly Bishop, 7655 Carmelita, spoke in opposition to this lot split. Discussion ensued between Council and Staff; Mr. Engen reviewed (at Councilman Handshy's request) the decision to deny future lot splits on subject property which was first expressed by the Chairman of the Planning Commission at the first hearing regarding this issue in 1985. Mr. Bench was asked if he would be receptive to a conditional two-way split, to which he responded yes. MOTION: By Councilman Molina to refer this item back to the Planning Commission for consideration of a two-way split and, pos- sibly, acquire deed donation of the creek reservation to the City as a condition of approval, seconded by Councilwoman Norris; passed unanimously. COUNCIL RECESSED FOR BREAK AT 8:40 P.M. MAYOR MACKEY CALLED MEETING BACK TO ORDER AT 8:45 P.M. 2. General Plan Amendment 1D-87 and Zone Change 20-86 - Del Rio Road/ El Camino - Amending the General Plan by Expanding the Urban Ser- vices Area and Amending Zoning from Commercial Neighborhood to Commercial Retail - Cropper/Twin Cities Engineering/Williams House of Carpets/Idler/Lilley (Planning Commission Recommending Den- ial) Mr. Engen, Commun. Devel. Director, gave staff report and responded to questions from Council. 3 Public Comment Tom Vaughan, Twin Cities Engin., representing Mrs. Cropper, spoke in support of requested extension of the Urban Services Line. MOTION: By Councilwoman Borgeson that GP 1D-87 & ZC 20-86 as proposed be denied without prejudice (pending GP review), seconded by Mayor Mackey; passed by 4:1 roll -call, with Councilwoman Nor- ris opposed. 3. General Plan Amendment 1C-87 and Zone Change 27-86 - E1 Corte/E1 Dorado Study Area - Peterson Development Company/Stephen Deven cenzi A. Public Hearing B. Resolution 22-87 - Approving Amendment to the General Plan Land Use Map from Moderate Density Single Family Residential to High Density Single Family Residential C. Ordinance 147 - Amending Official Zoning Maps from Residen- tial Single Family (RSF-Y) to Limited Single Family (LSF -X) Mr. Engen, Commun. Devel. Director, gave staff report and responded to questions from Council. Public Comment Steve Devencenzi, representing Peterson Devel. Co., noted RSF-X desig- nation is preferable to them, but they have no objection to staff's recommendation. Art Cunningham, 8495 E1 Dorado, spoke in opposition to approval of Ord. 147, feeling the LSF -X designation would impose unnecessary re- strictions on property owners. MOTION: By Councilwoman Borgeson to adopt Res. No. 22-87, seconded by Councilwoman Norris; passed unanimously by roll -call. MOTION: By Councilman Molina to read Ord. 147 by title only, with change from RSF-Y to RSF-X (instead of to LSF -X), seconded by Councilwoman Norris; passed unanimously by roll -call. Mayor Mackey read Ord. 147 by title, including revision as noted. Mr. Jorgensen, City Attorney, noted that Ord. 147 and zoning map will be revised and brought back for second reading. 4. Architectural Standards Review Committee Proposed Appearance Review Manual Mr. Engen, Commun. Devel. Director, gave staff report. He introduced Gary Harcourt, present to answer any questions. 4 There were no public comments. Mr. Jorgensen, City Attorney, regarding the Planning Commission's sug- gestion to waive appeal fees during the first year of implementation of the appearance review guidelines, expressed his opinion that it would be inappropriate to give a blanket waiver of said fees for reasons of equal protection. MOTION: By Councilman Handshy to conceptually approve the draft guidelines, seconded by Councilman Molina; passed unanimous- ly. C. UNFINISHED BUSINESS 1. Mayor to Enter into Agreement with Lee Wilson Electric Traffic Signal Maintenance Contract $1,800 Annually (Cont'd from 1/26/87) Mr. Sensibaugh, Pub. Works Director, gave staff report. MOTION: By Councilman Handshy to approve the Traffic Signal Mainten- ance Contract with Lee Wilson Electric of Arroyo Grande, seconded by Councilwoman Norris; passed unanimously by roll - call. 2. Ordinance 145 - Amending the Official Zoning Maps by Revising the Minimum Lot Size in Limited Single Family Residential (LSF -X) and Residential Single Family (RSF-X) from 1/2 Acre Without Sewer to 20,000 Sq. Ft. With Sewer - City -Wide Areas (SECOND READING) (Cont'd from 2/10/87) MOTION: By Councilman Molina to read Ord. 145 by title only, seconded by Councilman Handshy; passed unanimously. Mayor Mackey read Ord. 145 by title. MOTION: By Councilman Molina that this constitutes the second reading and adoption of Ord. 145, seconded by Councilman Handshy; passed 4:1 by roll -call, with Councilwoman Borgeson opposed. 3. Ordinance 144 -,Amending the Official Zoning Maps from Residen- tial Multiple Family, 16 Units/Acre (RMF -16 (FH)) to Commercial Retail (FH) - 6280 Tecorida (SECOND READING) (Cont'd from 2/10/87) MOTION: By Councilman Molina to read Ord. 144 by title only, seconded by Councilman Handshy; passed unanimously. Mayor Mackey read Ord. 144 by title. MOTION: By Councilman Molina that this constitutes the second reading and adoption of Ord. 144, seconded by Councilman Handshy; passed unanimously by roll -call. 5 D. NEW BUSINESS 1. Administration Building - Rotunda Use/Acoustical Report: A. Rotunda Ad Hoc Committee Recommendations on Acoustics and Sound System B. Authorization for City Manager to Enter into Agreement - Bruce Walker Consultants - Design of Acoustical/Sound System Im- provements Mr. Sensibaugh, Pub. Works Director, gave staff report. MOTION: By Councilman Molina for conceptual approval of an acoustical contract (anticipated to be presented for consideration at next Council meeting), seconded by Councilman Handshy; passed -unanimously. 2. Atascadero Creek Bridge: A. Authorization to Solicit Request for Proposals - Bridge Span- ning Atascadero Creek - Traffic Circulation Study and Impact Mitigation Analysis B. Authorization for City/School Committee to Appoint Selected Consultant Mr. Sensibaugh, Pub. Works Director, gave staff report, noting correc- tion to recommendation in staff report, dated 2/18/87, changing it to read, "...Staff further recommends that the City/School Committee rec- ommend to Council a consultant and to review any reports regarding the feasibility of the bridge". Public Comment Glen Lewis, resident, spoke in support of the proposed bridge, feeling it is the central focal point for the downtown area. Maggie Rice expressed Chamber of Commerce support for this proposal. MOTION: By Councilman Molina to approve staff recommendation, author- izing staff to solicit RFP's for said consultant, seconded by Councilman Handshy; passed unanimously. 3. Authorization to Purchase Computer and Printer for Planning De- partment - $2,603.36 Mr. Engen gave staff report. MOTION: By Councilwoman Borgeson to authorize City Manager to sign Purchase Order for said equipment, seconded by'Councilwoman Norris; passed unanimously by roll -call. N. MOTION: By Councilman Molina to recess as Council and convene as the Atas. County Sanitation District Board of Directors, seconded by Councilman Handshy; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. President to Enter into Sewer Extension Reimbursement Agreement with John and Shelly LeJeal - Parcel A of 22 -PM -97 (Lobos Ave- nue) Mr. Sensibaugh, Pub. Works Director, gave staff report. He added that, subsequent to staff report, a request was received from Ralph and Gale Day to be waived (request for variance) from participating in said reimbursement agreement based on an understanding with Mr. and Mrs. LeJeal (to whom the Days granted a sewer easement through their property) that they would not be required to pay any fees to run ease- ment through their property. Discussion focused on conditions required should the Board choose to grant a variance, which conditions Mr. Jorgensen, City Attorney, re- viewed as, "...upon affirmative showing that no health hazard, public nuisance or inequity to other property owners will result therefrom" (from ACSD Consol. Ords., Sec. 3.5). He noted that the Board would have to postpone any action on the request for variance since it is not a noticed agenda item. Public Comment Gale Day, owner of Lot 56A in subject area, reviewed the basis of re- quest for variance and prior agreement with the LeJeals; she noted that, at time of construction of house on subject property, sewer ser- vice was requested but was denied by the City, and they were required to install an engineered septic system. She further contends the il- legal obtainment (by the LeJeal's, as required by the City) of another easement (along the rear of her property). Shelly and John LeJeal spoke in support of reimbursement for the ex- penditures required of them in extending sewer to their property. She reviewed the agreement with the Days, noting she does have all neces- sary legal easement documents. She further noted the unforeseen expenditures they incurred through the elapsed time due to the Cease & Desist order and subsequent formation of Assess. Dist. No. 4. MOTION: By Director Molina to approve staff recommendation for reim- bursement agreement, seconded by Director Handshy; passed unanimously by roll -call. Mr. Jorgensen, City Attorney, advised the Days that they are entitled to request a variance via Mr. Sensibaugh, which would be brought back as a separate agenda item. 7 0 • 2. Extension of Sewer Service Curvado Circle: A. Public Hearing B. Resolution 23-87 - Extension of Sewer Service to Lot 215, Block NC (Curvado Circle) and Incorporating the Area into San- itation Improvement District #4 Boundaries Mr. Sensibaugh, Pub. Works Director, gave staff report and responded to questions from the Board. MOTION: By Director Handshy to adopt Res. No. 23-87, seconded by Dir- ector Molina; passed by 4:1 roll -call, with Director Norris opposed. 3. President to Enter into Agreement with Atascadero Unified School District - Sewer Reimbursement Agreement on San Gabriel School Site Mr. Sensibaugh, Pub. Works Director, gave staff report. MOTION: By Director Molina to continue meeting past 11:00 p.m., sec- onded by Director Handshy; passed unanimously. MOTION: By Director Molina that the Board approve the reimbursement agreement between the ACSD and the AUSD, seconded by Director Handshy; passed by 4:1 roll -call, with Director Borgeson op- posed. MOTION: By Director Handshy to adjourn as ACSD Board and reconvene as City Council, seconded by Director Molina; passed unanimous- ly. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilman Handshy recommended Council appropriate funds to contribute to the celebration of the bicentennial of the signing of the Declaration of Independence. Councilwoman Norris expressed she has reconsidered her vote of two weeks ago on the issue of the San Andreas & Garcia Road bridges, requesting the item be placed on the Council's next meeting agenda. Councilwoman Norris noted she has received several comments ques- tioning the possibility of Atas. having an elected Mayor; she asked if the City has time to place a measure on the ballot for the next election. Mr. Sharitz, City Clerk, responded the County has advised that there is an Aug. 1 deadline for the November election; he will research further and report back. Councilman Molina requested that the Council get together under ac- ceptable circumstances; Council concurred and the subject will be pursued. E Councilwoman Borgeson expressed: - Council must get agenda packets before Friday afternoon for Monday meetings; - Requested a list of all currently active committees, progress reports on a regular basis, and when/if they plan to disband; - Suggested the City Mgr. and City Atty. conduct workshops with department heads, the Mayor and Planning Commission Chairman regarding recent Brown Act revisions; - Noted her repeated request for a status report on Atas. Lake cleanup from Parks & Recreation Director, urging that the City Mgr. expedite said report; - Relayed receipt of complaints from a woman regarding Atas. Ford parking; - Regarding SLO Area Coord. Council, she has requested a committee report be put on the agenda so she and Mr. Sensibaugh might co- ordinate and report to Council regarding the Hwy. 41 realignment issue; noting she must submit the City's vote on 3/5/87 and has had no Council direction, she will cast the vote based on her own feelings. She requested fellow Councilmembers contact her at home to express their feelings on the issue, prior to 3/5. - Councilman Molina expressed receipt of a congratulations call that Atas. has been placed #1 on the CTAC and TTAC list of pri- orities for $7.5 - $9 million in bridge fees. - Mayor Mackey noted receipt of a belated thank you letter from Hospice. City Attorney - Mr. Jorgensen encouraged Council to consult him pri- or to meetings, noting written responses will be distributed to all Councilmembers as a courtesy. He also made note of cost impli- cations for his services. City Manager - Mr. Shelton responded to several of Councilwoman Bor- geson's concerns: - Concurred with concern over timely receipt of agenda packets; - In discussion with Mr. Best regarding Atas. Lake cleanup, he advises a draft report was received from the consultant and it was returned for preparation of final draft for presentation to Council; - Atas. Ford parking complaints are being investigated by CDD; - Regarding committee reports, as a past practice, Councilmembers who serve have reported based on their individual judgment; he noted Brown Act revisions may preclude that practice, and he will discuss it with the City Attorney. Councilman Molina suggested Council hold a special meeting regarding SLOACC issues, prior to 3/5/87. Mr. Sensibaugh, Pub. Works Director, briefly reported on the last TTAC meeting, held on 2/17/87; main issues discussed were Dial -A - Ride and Highway 41 realignment. 9 0- 0 Council consented to hold a special meeting regarding SLOACC issues on Monday, March 2, 7:30 p.m. Mr. Sensibaugh noted he will request rep- resentative from SLOACC and/or CalTrans to be present. MEETING ADJOURNED AT 11:30 P.M. TO A SPECIAL MEETING ON MONDAY, MARCH 2, 1987, AT 7:30 P.M. IN THE ROTUNDA ROOM FOR DISCUSSION OF SLOACC ISSUES. MINUTES RECORDED BY: BOY C.'S ARITZ, y Clerk MINUTES PREPARED BY: CINDY WILKINS, Deputy City Clerk 10