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HomeMy WebLinkAboutMinutes 032487 NG AGrNDA y� (MINUTES APPROVED BY COUNCIL, AS WRITTEN, 4/14/87) ATASCADERO CITY COUNCIL MINUTES March 24 , 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 Rev. Guy Godfrey, Faith Baptist Church. ROLL-CALL Present: Councilmembers Borgeson, Handshy, Molina, Norris and Mayor Mackey Absent: None STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director; Mike. Hicks, Fire Chief; Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director; Jeffrey Jorgensen, City Attorney; Bob Best, Recreation Director; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk. COMMUNITY FORUM Hal Hayes, representing the Atas. Homeowners Assn. , read a prepared statement summarizing the results of a survey conducted in February at one of their meetings regarding goals & objectives for Atascadero. He invited Council and public to attend a presentation of the survey re- sults to the Assn. 's membership this Thurs. , 3/26 , 7:30 p.m. at the Prather Building, Atas. Jr. High. Tom Bench, 7503 Carmelita, expressed concern over delay of a hearing before the Planning Commission to consider a two-way split, and pos- sible City compensation for a third lot. (Relates to 2/23 Council denial of application for a three-way lot split and referral back to Planning Commission) . Doug Nix, 4533 Yerba, complimented the City and Atascadero News for publishing Council agendas. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of March 10, 1987 2. Approval of Minutes of the Special Council Meeting of March 2, 1987 1 3. Approval of the Finance Director ' s Monthly Report - February, 1987 4. Approval of the Treasurer ' s Monthly Report - February, 1987 5. Authorization to Solicit Bids for Playground Equipment for Paloma Creek Park 6. Recognition of February Employee of the Month - Peggy Green, Fire Department 7. Acceptance of Final Lot Line Adjustment 12-86 - 9280 & 9380 Bar- ranco Rd. - Anderson/Keil/Volbrecht Surveys 8. Denial of Claim by Anne Hammond for $45 .00 - Personal Property Damage MOTION: By Councilman Handshy to approve the consent calendar , sec- onded by Councilwoman Borgeson; passed unanimously by roll- call. B. HEARINGS, APPEARANCES & REPORTS 1. Zone Change 3-87 - Revisions to Residential Multiple Family Zoning City-Wide A. Public Hearing B. Ordinance 149 - Amending Zoning Text on Multiple Family Residential Zoning Standards (FIRST READING) Mr. Engen, Commun. Devel. Director , gave staff report and responded to questions from Council. Public Comment Terril Graham, 6205 Conejo Rd. , expressed disappointment with ongoing development; he noted figures from a recent poll conducted by Cal Poly students regarding growth-related issues which indicates that Atas. citizens feel there is enough residential multiple family housing. Mr. Graham urged Council to curtail growth now. John McNeil, resident, inquired if planned RMF parking requirements accommodates three vehicles per unit on 16 per acre developments, ex- pressing concern over future RMF parking problems. Further discussion between Council and staff, with individual Council- members members expressing his/her views on this issue. MOTION: By Councilwoman Borgeson to adopt draft Ord. 149 as per staff recommendations (with revisions to Section 9-3.175 (a) , (b) , and (c) , as noted in Exh. B to staff report) , seconded by Councilman Handshy; passed by 4:1 roll-call, with Councilman Molina opposed. Second reading of Ord. 149 to be at Coun- cil' s April 14, 1987 , meeting. 2 6 46 2. General Plan Conformity Determination - Request to Construct an Office Building 10-Feet into Paper Alley at 5903 East Mall_ Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Dr. John Anderson, applicant, spoke in support of this application feeling his office is appropriate to the downtown area and will im- prove the existing lot. He expressed opposition to proposed require- ment to sign a Hold Harmless Agreement, noting the City has not been able to prove rights to the 15 ' of his property in question, also feeling it would pose an improper burden on him as he has no insurance for protection in the event of a future real estate lawsuit. Maggie Rice, Chamber of Commerce, spoke in support of Dr. Anderson' s request feeling it is reasonable and would not jeopardize future creekside development. Joe Elkins, applicant' s architect, spoke in support of this request; he noted that the project is viewed with respect for and will not have an adverse effect on the creekway plan. MOTION: By Councilman Molina to concur with Planning Commission' s recommended approval of Dr. Anderson' s request concurrently with the alternative staff recommendation, eliminating the request for a Hold Harmless Agreement (which motion amends alternative staff recommendation to read, " . .that lot merger agreement be filed and recorded with the County Recorder 's office prior to issuance of a building permit. ") , seconded by Councilwoman Norris; passed by 3:2 roll-call, with Council- members Borgeson and Mackey opposed. Mr. Engen noted "Related Action Requested" in staff report. Mr. Jor- gensen, City Attorney, commented on a recent meeting with Wells Fargo Bank counsel and discussion regarding possible acquisition of re- maining alleyways and properties in the downtown area. Wells Fargo representatives indicated, at that time, they would perform an inven- tory of properties they held in trust and schedule subsequent meetings with City staff. There has been no contact in this regard from Wells Fargo since that time. MOTION: By Councilman Molina to direct staff to negotiate with Wells Fargo Bank to convey all of the alleys and right-of-ways held by them in the downtown (BIA) area to the City, seconded by Councilwoman Norris; passed unanimously. COUNCIL RECESSED FOR BREAK AT 9:00 P.M. MAYOR MACKEY CALLED MEETING BACK TO ORDER AT 9 :09 P.M. 3 �� C. UNFINISHED BUSINESS 1. Proposed Amendments to the Salary Schedule of the Senior Building Inspector (new position) (Cont'd from 1/12 & 1/26/87) Mr. Engen, Commun. Devel. Director, gave staff report and responded to questions from Council. There was no public comment. MOTION: By Councilman Molina to adopt Res. No. 29-87 , seconded by Councilwoman Norris; passed unanimously by roll-call. 2. Resolution 27-87 - Establishment of Admission Fees for Charles Paddock Zoo (Cont'd from March 10, 1987) Mr. Best, Rec. Director, gave staff report and responded to questions from Council. Public Comment Ruth Dickey, 3925 Falda Ave. , member of Zoo Society, spoke in favor of the proposed fee system, but urged creation of an enterprise fund and that gate receipts do not go into the Gen. Fund. She noted the survey taken implied that gate monies were to be used for the benefit of the zoo and, if used otherwise, would be breaking faith with those sur- veyed. Dorothy McNeil, resident on Sierra Vista, spoke in support of gate receipts supporting the zoo. David Duncan, 8885 Marchant, Zoo Society member , expressed concern over expense (est. $14,000 per year, according to Mr . Best) of a paid gate attendant. He also expressed he hopes consideration for free entrance be given to Zoo Society members; Mr. Best responded that was staff' s recommendation at Council' s 3/10 meeting, although the resolu- tion doesn' t specify it. (In response to Councilwoman Borgeson, Mr . Jorgensen, City Atty. , noted that whether or not gate monies go into the Gen. Fund or an en- terprise fund is a policy question that the Council can decide either within this resolution . or separately; Mr. Shelton, City Mgr . , had fur- ther related comments regarding the concept of an enterprise fund, and related discussion with Council ensued. ) Doug Nix, 4533 Yerba, suggested Council allocate $14 ,000 to the zoo now and see what is done with it, since `it is unknown how many people will pay gate fees. He also would like to see mention of a yearly pass fee in the fee schedule, whether it relates to Zoo Society mem- bership or otherwise. 4 "I 0 Greg Mann, Santa Rosa Rd. resident, expressed support for fee system and establishment of an enterprise fund and separate books; he sug- gested installation of an automated turnstile in view of the estimated annual cost for a paid gate attendant. MOTION: By Councilman Molina to adopt Res. No. 27-87, seconded by Councilman Handshy; passed by 4:1 roll-call, with Council- woman Norris opposed. 3. Request to Solicit Request for Proposals - Engineering Services for Design of Atascadero Lake Improvement Project (Cont'd from March 10 , 1987) Mr. Best, Rec. Director, gave staff report and responded to questions from Council. Due to some Council concerns expressed, he noted that proposals from engineer (s) will be presented to Council for action, at which time there may be further discussion of which items are/may not be necessary for inclusion in the project. Mr. Sensibaugh, Pub. Works Director, urged Council to determine, now, which items consultants are being asked to consider in view of the bidding process, as the dollar amount of proposals may be affected by items eliminated after they have been submitted. Public Comment David Duncan, 8885 Marchant, requested inclusion of language in the recommendations regarding improvement of the intake structure for the 12" pipe that feeds water into the lake, which would help to keep the water level up; he recalls this must be coordinated with the Dept. of Fish & Game. Sarah Gronstrand, resident, made inquiries regarding consideration of clean-up measures discussed in the Lake Feasibility Study relating to (1) small aquatic plantings to determine whether or not the lake soil will support certain submergent/emergent plants, and (2) expedient removal of domestic fowl; Mr. Best responded, noting that both con- cerns are addressed in staff' s recommended expenditures. Further discussion between Council and staff. MOTION: By Councilman Handshy to authorize staff to seek proposals for Engineering Services for the Atascadero Lake Improvement project, based on cost estimates for engineering services provided by the study consultant and staff (see staff re- port) , noting further evaluation/prioritization of recommend- ed expenditures. Motion seconded by Councilwoman Norris; passed unanimously by roll-call. D. NEW BUSINESS 1. General Plan Conformity Issue - Proposed Sale of City-Owned Prop- erties on Lake View Drive and Proposed Acquisition of Property on Morro Road 5 Cj ! 0 Mr. Engen, Commun. Devel. Director, gave staff report and responded to questions by Council. Public Comment Laura Johnson, 8401 Santa Rosa (purchased property 2 yrs. ago) , ex- pressed concern about what development is planned for properties adjoining hers. She spoke in support of leaving properties in their current rural state. Jaime Lopez-Balbontin, 5224 Barrenda, proposed that Council consider selling 6-8 of the lots under consideration and using the funds to invest in the Atas. Creekway Plan. Sarah Gronstrand, resident, requested clarification on what is being proposed in this item, to which Mayor Mackey responded. Mrs. Gron- strand spoke in support of leaving the properties under consideration for sale in their open, recreational state. Mike Lara, Parks & Recreation Commission Chmn. , stated the Commis- sion' s consensus regarding the imperative need to secure the Morro Road properties under consideration for any planned expansion of rec- reational facilities near the park and/or zoo. Dorothy McNeil, resident, spoke in support of securing the Morro Rd. lots with the idea of establishment of a recreation center, however, in opposition to giving up the open space on Lake View Dr. John McNeil, resident, inquired how much is anticipated to be received from the proposed sale of properties; Councilman Molina responded an appraisal would be necessary, and an amount is not known at this time. Mr. McNeil expressed surprize that an approximate figure is not avail- able and thinks one should be obtained before Council makes a deci- sion. MOTION: By Councilwoman Borgeson that (1) the sale of surplus City property along Lake View Dr. is not in conformity with the General Plan and is, therefore, denied, and (2) that staff study further the issue of proposed acquisition of property along Morro Rd. for recreational purposes and bring back alternatives for either acquiring an option on the property or some financing alternative(s) . Motion seconded by Coun- cilwoman Norris; passed by 4:1 roll-call, with Councilman Molina opposed. Mayor Mackey suggested a citizens committee be formed to explore how money may be raised to go toward acquisition of the Morro Rd. proper- ty, noting she has a small amount she would be willing to contribute. 2. Authorization to Purchase Right-of-Way Property on Monterey Road (Required for reconstruction of Graves Creek Bridge) Mr. Sensibaugh, Pub. Works Director, gave staff report. 6 �9 ! 0 There was no public comment. MOTION: By Councilwoman Norris to authorize staff to pay fair market value for right-of-way required for the construction of the Graves Creek Bridge, seconded by Councilwoman Borgeson; passed unanimously by roll-call. MOTION: By Councilman Molina that Council recess and convene as the Atas. County Sanitation Board of Directors, seconded by Councilman Handshy; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Resolution 28-87 - Extension of Sewer Service to Assessors Par- cel Numbers 28-061-12, 32, 33, 39 & 40 (Separado Avenue) Mr. Sensibaugh, Pub. Works Director , gave staff report. Public Comment Paul Anderson, 4992 Separado, spoke in support of this extension, expressing disappointment that this area was not included in the es- tablishment of Assess. Dist. No. 4, feeling it' s critical from a health standpoint. He noted he has contacted the other (4) property owners affected, who are also in favor of this extension, and has re- ceived a bid from Beaver Const. for extension to the (5) parcels. Jerry Conway, 4996 Separado (purchased in 1979) , spoke in support of annexing the parcels parcels under consideration; he noted that where he once had a garden is now saturated with water. Doug Nix, 4533 Yerba, asked why the owners in the area under consider- ation weren' t approached when they were removed from the district at time of formation, due to costs they now face being substantially higher than the assessments to lots in Dist. No. 4. Mr. Sensibaugh responded that subject area is out of the designated Cease & Desist area, and there was no reason for the City to force annexation; fur- ther, he noted that people were repeatedly invited to join Assess. Dist. No. 4 during its formation, and there were no volunteers. Mr. Nix spoke in favor of imposing the same assessments to the lots under consideration as to the other lots in Dist. No. 4. Paul Anderson spoke again, noting the bid received from Beaver Const. , divided by 5, should come to less than the est. dollar figure an- nounced by Mr. Sensibaugh (approx. $6,000 per parcel) , requesting that staff review the costs further; secondly, he requested consideration of a reimbursement agreement for property owners who may not be able to come up with the full amount of their assessments. Mr . Sensibaugh responded that owners have a right to file for a reimbursement agree- ment, but questioned if there would be anyone left to join the dis- trict. 7 MOTION: By Director Molina to adopt Res. No. 28-87, seconded by Dir- ector Borgeson; passed unanimously by roll-call. MOTION: By Director Molina to extend the meeting past 11:00 p.m. , seconded by Director Norris; passed 4:1, with Director Hand- shy opposed. Mr. Jorgensen, City Atty. , encouraged Mr. Anderson to explore the issue of a reimbursement agreement with staff before relying on it, expressing doubts over whether it is applicable in this case. 2. Acceptance of Grant of Easement Agreement with William Vetter for $850 for Easement on a Portion of Block M (southeast corner of Buena Avenue and Traffic Way) to Locate a Sanitary Sewer Pump Sta- tion Mr. Sensibaugh, Pub. Works Director, gave staff report. There was no public comment. MOTION: By Director Molina to accept a Grant of Easement from Mr. William Vetter for a portion of property owned by him on Traffic Way, seconded by Director Norris; passed by 4:1 roll- call, with Director Handshy abstaining. MOTION: By Director Molina to recess as ACSD Board and reconvene as City Council, seconded by Director Handshy; passed unanimous- ly. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Arbor Day Recognition - Mayor Mackey proclaimed March 30, 1987, as Arbor Day and March 24-31 as Tree Appreciation Week in Atascadero, encouraging citizens to plant trees. She noted she will be discussing a plan, tomorrow, with CalTrans to plant memorial trees on a lot near the northbound San Diego Rd. offramp; if the City would apply for an encroach- ment permit to subject property for said purpose, the fee which would be cost-prohibitive to private citizens - would be waived by CalTrans. The owner of the mobilehome park has agreed to route irrigation to subject parcel for maintenance of trees planted. Councilman Molina expressed he would like to see greater participation by the adjacent mobilehome park, which the trees would serve to screen. Mr. Vanderpool, mobilehome park owner , reiterated attempts to negotiate with CalTrans for development or maintenance of subject property during construction of the park. 8 Mayor Mackey requested the issue of approving application for an encroachment permit from CalTrans be included on the next Council agenda; Council concurred, and staff will com- Ply. b. Tree Ordinance Considerations (See report in agenda pac- ket) Mayor Mackey expressed her hope that Council would be receptive to considering reinforcement of the current tree ordinance. Lengthy related discussion by Council ensued. Public Comment Steve LaSalle, volunteer tree committee member, noted infor- mation gathered regarding tree ordinances of other cities, urging adoption of an ordinance that is a clear, informa- tional tool rather than punitive in order to urge voluntary compliance. Dave Duncan, resident, urges inclusion of a clear definition of "pruning" to the ordinance and asked that Council limit application of the ordinance to native trees only. Mr. Engen, Commun. Devel. Director, noted that comprehensive tree ordinance is not included in this year ' s work program and suggested it be referred to the pending budget cycle. MOTION: By Councilwoman Borgeson to direct staff to study the tree ordinance and work with the volunteer cit- izens tree committee, seconded by Councilwoman Nor- ris; passed 4:1, with Councilman Molina opposed. 2. City Manager a. Atascadero School District Development Fee Deadline of May 4, 1987 and Impacts to the City Mr. Shelton, City Mgr. , gave staff report (see agenda packet) . Mr. Engen, Commun. Devel. Director , made added comments. Mayor Mackey directed staff to report back on what the AUSD is proposing. Further Council Comment - Councilwoman Norris inquired of the status of the City Clerk' s report on the issue of the pros & cons of elect- ed Mayor and possibility of a measure being included in the next general election; Mr. Sharitz, City Clerk, noted he has prepared a report. Mayor Mackey requested it be made available to the full Council at next meeting. Mr. Sharitz requested the question of pros and cons be discussed with the City Attorney. Councilman Molina suggested the pros and cons of elected Mayor be posed in the form of a survey to the public in the next City-wide newsletter; Council concurred to discuss this further at a future meeting. 9 0` 0 0 MEETING ADJOURNED AT 11:50 P.M. TO A SPECIAL JOINT CITY COUNCIL/PARKS & RECREATION COMMISSION MEETING ON APRIL 9, 1987 AT 7:30 P.M. IN THE CITY HALL, 6500 PALMA, FOURTH FLOOR CLUB ROOM. MINUTES RECORDED BY: BOYD C. SHARITZ, Ci Clerk PREPARED BY: CINDY WILKINS, Deputy City Clerk 10 1�