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HomeMy WebLinkAboutMinutes 042887 MEQ 5/.� 7 GEFIDA DA ITEM (MINUTES APPROVED BY COUNCIL, AS WRITTEN,.. 5/12/8.7) ATASCADERO CITY COUNCIL MINUTES 28* April 14, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7 : 30 p.m. by Mayor Mackey. City Clerk, Boyd Sharitz, administered the Oath of Office to newly-appointed Council Member Charles Bourbeau. The Pledge of Allegiance was recited, followed by an invocation given by Rev. Larry Etter, Atas. Community Church. ROLL-CALL Present: Council Members Borgeson, Bourbeau, Norris and Mayor Mackey Absent: Councilman. Handshy (Vacation) STAFF , Mike Shelton, City Manager; Henry Engen, Community Development Dir- ector; Paul Sensibaugh., Public Works Director; Mike Hicks, Fire Chief; Lt. Chuck Hazelton, Police Department; Jeff Jorgensen, City Attorney; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk COUNCIL COMMENT Councilwoman Borgeson nominated Councilwoman Norris for Mayor Pro Tem, seconded by Mayor Mackey; passed by 4:0 roll-call, with Councilman Handshy absent. Mayor Mackey asked for public comment regarding whether the City Trea- surer position (resigned by Mr . Bourbeau on 4/16) should be filled by appointment or election. Public Comment Terrill Graham, 6205 Conejo Rd. , questioned why the Council would think the public would object to their appointment of a Treasurer, expressing an opinion opposing the recent appointment ( in lieu of el- ection) of Councilman Bourbeau. Mr. Jorgensen, City Atty. , noted that an individual appointed to the City Treasurer vacancy would serve the full remainder of the unexpired term (which ends in June 1990) . MOTION: By Councilman Bourbeau to appoint Gere Sibbach as City Trea- surer for the duration of the unexpired term, seconded by Councilwoman Borgeson. Mayor Mackey introduced Mr . Sibbach, who applied for the position earlier today, and summarized his background. Mr. Jorgensen asked Mr. Sibbach if he is a * Mayor Mackey advised of date correction Thurs. , 5/7, when packet became available. 1 i 0 registered voter in the City, to which he responded yes. Motion passed unanimously, with Councilman Handshy absent. Mayor Mackey issued proclamations: - "National Police Week" , May 10-16, 1987 - "National Fire Recognition Day" , May 9 , 1987 - "Be Kind to Animals Week" , May 3-9, 1987 - "Organ Donor Awareness Week" , April 26 - May 2, 1987 Introduction of New Employees: - Melinda Fielder, Support Services Aide, APD, introduced by Lt. Chuck Hazelton - William Wittmeyer , Sr. Building Inspector, CDD, introduced by Henry Engen, Commun. Devel. Director COMMUNITY FORUM Pat Duncan, 12-year resident, reported on his contact and research with both the FAA and U.S. Navy personnel regarding low-flying air- craft over areas of the City. He noted he anticipates follow-up actions by the Navy. Dennis Fernandes, a Liberal Arts Major at Cal Poly SLO, desiring to solicit on behalf of Southwestern Publishing Co. , Nashville, TN, requested a student reduction in the cost of a sales permit. Mr. Fer- nandes was referred to discuss the issue with Planning staff. John McNeil, resident, spoke regarding the recent Gen. Plan survey performed by students of Cal Poly. He noted certain defects in the survey, the major one being that almost no attention was paid to growth. He urged that, in revising the Gen. Plan, Council will view the survey very carefully before acting upon it. Terrill Graham spoke again, expressing dissent with various past and recent actions by Council. When he began to make personal remarks against certain members, Mayor Mackey called him out of order. When he failed to comply, Mayor Mackey called for a brief recess (at 8:22 P•M. ) . MAYOR MACKEY CALLED MEETING BACK TO ORDER AT 8 :30 P.M. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of April 14, 1987 2. Approval of Minutes of the Special Council Meeting of March 30, 1987 2 3. Approval of the Finance Director ' s Monthly Report - March, 1987 4. Approval of the Treasurer ' s Monthly Report - March, 1987 5. Acknowledging Proclamation for "Clear Air Week" from April 27 to May 3, 1987 6. Authorization to Solicit Bids to Purchase New Dial-A-Ride Bus 7. Authorization for Mayor to Enter into Agreement with Bruce Walker Consultants - Administration Building Fourth Floor Rotunda Room Acoustics and Sound Reinforcement System Improvements 8. Authorization for City Manager to Enter into Proposed Memorandum of Understanding with Atascadero Unified School District - Gasoline Disbursement for Vehicles 9. Approval of Tentative Lot Line Adjustment 3-87 - 7055 Llano Road - Wood/Cuesta Engineering 10. Approval of Tentative Lot Line Adjustment 5-87 - 3905 El Camino Real - Zimmer/Volbrecht Surveys 11. Approval of Tentative Lot Line Adjustment 6-87 - 3275/3355 Ramona Road - St. Clair/North Coast Engineering 12. Approval of Tentative Tract Map 21-86 - Lots 1, 2, & 4-8 of PM 28-30 (Santa Lucia & Lomitas Roads) - Subdivision of 6 Existing Lots Totaling 119.6 Acres into 22 Lots Varying from 26. 3 to 3.1 Acres 13. Approval of Tentative Parcel Map 3-87 - 9005 Atascadero Ave. - Subdivision of .93 Acre Parcel into two .46 Acre Lots Shultz/ Baumberger 14. Approval of Tentative Tract Map 4-87 - 9240 Atascadero Ave. - Subdivison of 4.93 Acre Parcel into ten 20 ,100-24 , 720 sq. ft. Lots - Hawkins/Cuesta Engineering 15. Approval of Tentative Parcel Map 5-87 - 8925 Atascadero Ave. - Subdivision of 1.66 Acre Parcel into 3 Lots of .5, .5 & .66 Acres Each - Fisher 16. Acceptance of Final Parcel Map 4-86 - 8855 & 8905 San Pedro Rd. - Cassera/Cuesta Engineering 17. Acceptance of Final Parcel Map 25-86 - 8375 Portola Road Wright/ North Coast Engineering 18. Acceptance of Final Lot Line Adjustment 5-86 - 4685 Lobos - Riggs/Watkins/Twin Cities Engineering 3 19. Acknowledging Proclamation for Be Rind to Animals Week - May 3-9, 1987 20. Acknowledging Proclamation for Organ Donor Awareness Week - April 26-May 2, 1987 Items A-12 & A-13 pulled by Councilwoman Borgeson; Item A-14 pulled by Mayor Mackey; Item A-7 pulled by Sarah Gronstand of audience; Item A-15 pulled by Dennis Lockridge of audience. All pulled items moved to New Business for discussion. MOTION: By Councilwoman Norris to approve Consent Calendar, minus items 7, 12, 13, 14 & 15 , seconded by Councilman Bourbeau; passed by 4:0 roll-call, with Councilman Handshy absent. B. HEARINGS/APPEARANCES/REPORTS 1. Zone Change 1-87 - 9385 Vista Bonita (Lots 6, 7 & 10-15) Nimmo/ Yeomans A. Ordinance 151 - Amend Existing Zoning of Residential Single Family, 1-1/2 to 2-1/2 Acre Minimum Lot Size to Residential Single Family with a Planned Development Overlay Zone 7 (FIRST READING) Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Robert Nimmo, applicant, expressed the appreciation of the partners of Spanish Ridge for the staff presentation, which he feels is fair, and for individual members of Council taking time to inspect the site. Tim Gallagher, Park Supt. , SLO County Parks Dept. , speaking neither for or against subject project, expressed various related concerns: (1) The road entering the project off E1 Bordo is very narrow, and Mr. Gallagher suggests a traffic study be performed; (2) El Bordo is very narrow, and subject project proposes to increase its use; (3) the road to the development is very steep, and there is already severe erosion in the same general area; and (4) there has been discussion regarding direct access to the golf course by persons residing in the develop- ment, which the County cannot undertake unless there is some equal compensation. Mr. Engen suggested that Mr. Gallagher be provided with a copy of the draft Conditions of Approval of the tentative map and review it with him before coming back to Council. MOTION: By Councilwoman Norris to read Ord. 151 by title only, sec- onded by Councilwoman Borgeson; passed unanimously, with Councilman Handshy absent. Mayor Mackey read Ord. 151 by title. 4 MOTION: By Councilwoman Borgeson that this constitutes the first reading of Ord. 151, seconded by Councilwoman Norris; passed by 4:0 roll-call, with Councilman Handshy absent. 2. Proposed Revisions to South Atascadero General Plan Amendment En- vironmental Impact Report Study Area Mr. Engen, Commun. Devel. Director , gave staff report. Public Comment Mike Arrambide, 7243 Del Rio, representing the Chamber of Commerce, relayed that the Chamber Board of Directors has reviewed the proposed site plan for development of the 43 acres and unanimously supports this project as proposed. He encouraged that Council rezone the prop- erty to CT so the project may come to pass. Further, he encouraged staff and Council to handle the project review process expeditiously so the proposed clients/tenants may be retained and that the EIR be limited in scope to areas that will have a definite impact. Rex Hendrix, owner of parcel (s) within the proposed EIR study area, expressed his feeling that this is not a focused EIR and should be, noting the cost proposals range up to $60 ,000 ; he requested that the study be limited in scope to only those areas requested to be included within the Urban Service Line. Judy Young, owner of (7) parcels within the proposed EIR , study area, spoke in favor of a reduction in the size of the study area; she noted that there were more people originally interested in assisting to pay for the EIR, and now only three property owners remain to foot the bill. There are no longer any applicants interested in sewer service from Viejo Camino. John Kunz, owner of trailer park on Viejo Camino, suggested Council write each property owner and ask if they' re interested in participat- ing in the cost of the EIR. MOTION: By Councilwoman Borgeson that Council endorse the EIR study area reflected in Exhibit D of staff report, seconded by Mayor Mackey; passed 3 :1, with Councilwoman Norris opposed and Councilman Handshy absent. C. NEW BUSINESS 1. Resolution 39-87 - Authorization for Public Works Director and City Manager to Execute Certificates of Acceptance for Real Estate on Behalf of the City of Atascadero Mr. Jorgensen, City Atty. , briefly summarized this item, with added comments from Mr. Sensibaugh, Pub. Works Director. 5 0 0 MOTION: By Councilwoman Borgeson to approve Res. No. 39-87, seconded by Councilman Bourbeau; passed by 4:0 roll-call, with Coun- cilman Handshy absent. 2. Resolution 31-87 - Declaring Weeds a Nuisance and Approval for Weed Abatement Procedures to Commence Mike Hicks, Fire Chief, gave staff report. Public Comment Jaime Lopez-Balbontin, resident, noted that the bill for abating weeds on his property increased 1,000% last year , which he feels is exces- sive, and he feels the billing to the City should be policed. He also expressed frustration at trying to have a satisfactory discussion with an appropriate City official over the matter. Chief Hicks responded that he anticipates further increases, and he is not opposed to them, noting that clearing weeds is not the City' s order of business but property owners' responsibility. MOTION: By Councilwoman Norris to approve Res. No. 31-87 , seconded by Councilman Bourbeau; passed by 4:0 roll-call, with Councilman Handshy absent. *3. (*Item A-7, pulled from Consent Calendar) Authorization for Mayor to Enter into Agreement with Bruce Walker Consultants - Administration Building Fourth Floor Rotunda Room Acoustics and Sound Reinforcement System Improvements Public Comment Sarah Gronstrand asked if the budget appropriation of $26,000 is the result of competitive bidding; Mr. Sensibaugh summarized the total improvements included in that amount, noting informal bid procedures take place for projects under $15,000. Formal bidding procedures would be utilized should the project, as a whole, go to bid. A deci- sion will be made after the consultant determines a final estimate for improvements. Jaime Lopez-Balbontin suggested a speaker face the dais to improve the sound for Council and Planning Commission; Mr. Shelton, City Mgr. , responded that a professional acoustical engineer will direct where speakers would best be placed. Sharon Morin asked if there are any guarantees that the money spent will really fix the acoustics; Mr. Sensibaugh responded that acoustic- al studies have been done and indicate that the sound can be improved, and that is staff's intent. Mildred Copelan, Planning Commissioner , agreed with Mr . Lopez-Balbon- tin that it is very difficult to hear well when seated behind the dais. 6 • 0 Mrs. Gronstrand spoke again, suggesting that the Jr. High Prather Bldg. be utilized for public meetings; Mr. Shelton, City Mgr. , summar- ized other alternative meeting places which have been explored, noting that the problem with the Prather Bldg. is that the educational needs of the school must take precedence. Paul Rose, resident, noted the Rotunda acoustics has been an ongoing problem since the City began. Further discussion ensued between Council and staff regarding the pro- posed expenditures for improvements. MOTION: By Councilwoman Norris to approve Item A-7 (C-3) ; motion died for lack of a second. MOTION: By Councilwoman Borgeson to continue this item for 30 days, seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. *4. (*Item A-12, pulled from Consent Calendar) Approval of Tentative Tract Map 21-86 - Lots 1, 2, and 4-8 of PM 28-30 (Santa Lucia & Lomitas Roads) Subdivision of 6 Existing Lots totaling 119.6 Acres into 22 Lots Varying from 26.3 Acres to 3.1 Acres Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Donald Hughes, 7005 Lomitas, noted he was not aware of the Planning Commission hearings as his lot is outside of the 300 ' legal noticing radius. Expressing various concerns, he requested that a decision be delayed until such time as the residents affected have the opportunity to study the report and make input; he doubts that many residents know much about this proposal. Mr. Engen responded to some of Mr. Hughes' s concerns. Mr. Jorgensen, City Atty. , suggested Council continue this item to their meeting of 5/26, and he requested that Mr. Hughes submit a list of names (to Mr. Engen) of property owners who he believes wish to be notified of public hearing. Bob Tartaglia, applicant' s engineer , noted that this application was submitted last July 7th, and he addressed some of the concerns ex- pressed. Bill Ray, resident on Lomitas, noted he is not opposed to the project but is concerned about increased density in view of current traffic situation and affect on drainage conditions. George Molfino, 6790 Lomitas, noted that some trees have already been removed. He expressed he is presently neither for nor against the proposal, but wants to research the issues further. 7 Council and staff discussion ensued. Mayor Mackey suggested that Planning staff post notice of pending development hearing on proper- ties at time of lot inspection. MOTION: By Councilwoman Borgeson to continue this item to the 5/26/87 Council meeting, seconded by Councilman Bourbeau; passed un- animously with Councilman Handshy absent. *5. (*Item A-13, pulled from Consent Calendar) Approval of Tentative Parcel Map 3-87 - 9005 Atascadero Ave. - Subdivision of .93 Acre Parcel into two .46 Acre Lots - Shultz/ Baumberger Mr. Engen, Commun. Devel. Director, gave staff report. Councilwoman Borgeson asked if the issue of sidewalks was resolved; Mr. Engen re- sponded that revised Cond. of Approval #11 addresses that concern. Public Comment Tom Baumberger, owner ' s engineer, asked if the issue of sidewalks can be handled by placing a note on the final parcel map stating that, at time sidewalks are placed, the owner will enter into an agreement. Mr. Sensibaugh pointed out that it' s also a matter of security to ac- tually achieve obtainment of sidewalks at time of development. Mr. Jorgensen, City Atty. , suggested this item be continued to the next Council meeting so this issue can be worked out, either through bonding or some specific contribution for sidewalks. Dennis Lockridge, 8935 Atascadero Ave. , spoke in support of requiring sidewalk installation at time of lot split(s) and passing the cost along to the property/home purchaser to be financed over 30 years. Mr. Engen spoke in support of Mr. Sensibaugh' s suggestion of estab- lishing a sinking fund (from monies collected at time of lot split) for future construction at such time as the City and school staff have coordinated to determine where they are most needed. John Falkenstien, Cuesta Engin. , representing Mr. Hawkins (see Item A-14) proposed that his client is more than willing to pay a fair share of the cost for sidewalks; he requested the sidewalk condition read that they are willing to work this out with staff in lieu of a continuance. MOTION: By Councilwoman Norris to continue this item to the 5/12/87 meeting, seconded by Councilwoman Borgeson; passed unanimous- ly, with Councilman Handshy absent. *6. (*Item A-14, pulled from Consent Calendar) Approval of Tentative Tract Map 4-87 - 9240 Atascadero Ave. Subdivision of 4.93 Acre Parcel into ten 20 ,100-24,720 sq. ft. lots - Hawkins/Cuesta Engineering 8 0 0 Mr. Engen, Commun. Devel. Director , gave staff report. Public Comment John Falkenstien, representing Mr. Hawkins, reviewed the history of this application. He spoke in support of Council approval of this map and proposed subdivision. Mr. Jorgensen, City Atty. , stated that he believes the proposed map does meet the letter of the law as far as the 20,000 sq. ft. minimum being within one property ownership; however , he asked if it was the Council's desire to allow 20, 000 sq. ft. lots where a considerable portion of each lot might be effectively unusable because it is within road right-of-ways. He noted that staff will be bringing a recommen- dation before Council that the 20 ,000 sq. ft. standard be amended to include those areas exclusive of road right-of-ways, which will solve the problem for the future. Further related discussion ensued. Mr. Engen referenced an earlier exhibit which accompanied the General Plan amendment indicating a 10- lot development. Council consented to urge that staff amend the zon- ing text, possibly by urgency ordinance, to address the issue of gross acreage vs. net acreage. Mr. Engen responded that he would consult with the City Atty. for alternatives and report back to Council. MOTION: By Councilwoman Norris to approve TTM 4-87 , seconded by May- or Mackey; Mr. Jorgensen advised that the Council direct that specific language be included to identify what the contribu- tion for sidewalks would be, treating this item consistently with the prior item. Mayor Mackey withdrew her second, and the motion died. MOTION: By Councilwoman Norris to approve TTM 4-87, subject to nego- tiation of a contribution for sidewalks to be brought back at at the 5/12/87 meeting, seconded by Mayor Mackey; passed 3:1, with Councilwoman Borgeson opposed. MOTION: By Councilwoman Norris to continue meeting past 11:00 p.m. , seconded by Councilman Bourbeau; passed unanimously. *7. (*Item A-15, pulled from Consent Calendar) Approval of Tentative Parcel Map 5-87 - 8925 Atascadero Ave. - Subdivision of 1.66 Acre Parcel into 3 Lots of . 5, .5 & .66 Acres Each - Fisher Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Robert Fisher, applicant, disputed neighbors claims of flooding and drainage problems; he thinks the conditions listed in the staff report address any problems, urging approval of his application. 9 Dennis Lockridge, 8935 Atascadero Ave. , expressed strong opposition to this project, mainly due to site suitability, drainage deficiencies and flag lot development. He expressed concern regarding potential emergency access issues as well as driveway maintenance responsibili- ties. Mr. Engen responded to concerns expressed, reviewing related Conditions of Approval in agenda packet. MOTION: By Councilwoman Borgeson to deny TPM 5-87; motion died for lack of a second. Council discussion ensued regarding whether a two-way split would be acceptable to both Council and the applicant. Mr. Jorgensen, City Atty. , recommended a continuance of this item in order to allow staff to work with the applicant and establish findings for a possible two- way split. MOTION: By Councilman Bourbeau to continue TPM 5-87, directing staff to negotiate with the applicant with the intent to split the property two ways, rather than three, and come up with an acceptable emergency vehicle turnaround. Motion seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. MOTION: By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanitation District, seconded by Council- woman Borgeson; passed unanimously. D. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) **Mr. Sensibaugh, Pub. Works Director , suggested Items D-2 & 4 be ad- dressed prior to Items 1 & 3 in consideration of the applicants/ representatives, being present; the Board consented. **2. Assessment District #3 (Marchant Way) - Funding change Order Re- quest for Excavation (West Coast Tank and Pipe Company) Mr. Sensibaugh, Pub. Works Director, gave staff report. He introduced John Falkenstien, the Project Engineer , present to respond to ques- tions. Public Comment Gary Carripo, W. Coast Tank & Pipe, addressed reasons for this change order request, reviewing the history of events evolving around their agreement with the City. He noted that what is being requested is a fair and equitable amount (some compromise between staff' s proposed $5,870 and W. Coast' s requested $35,330.50) so W. Coast can recoup its costs. the Board Discussion between -Geene}l- and staff ensued on the issue of liquidated damages. 10 MOTION: By Q-&AA-cj� em-an Borgeson that the Board award a net change order of $5,800 over the original contract amount and to deny the request for $35,330 .50 , seconded by ftancilman Bourbeau; Director Tim Selby, Pres. , W. Coast Tank, expressed he feels they are being chastised on their negotiated agreement with the City, which was based on ideal conditions, noting conditions proved not to be ideal; he urged the Board to give them consideration in the interest of fair- ness. Further discussion ensued. The motion on the floor failed by 2:2 roll-call, with Direc- tor Norris and Chairman Mackey opposed, and Director Handshy absent. Director MOTION: By 0otme3+womrrn Borgeson for approval, over contract by a total amount of $10,770 (encompassing staff' s recommended $5,870 over contract amount + $4,900 in liquidated damages) for a total final amount of $127,770. Motion seconded by Chairman Mackey; passed by 3:1 roll-call, with Director Nor- ris opposed and Director Handshy absent. **4. Appeal of Sewer Annexation Fee Requirement - 7620 Santa Ynez - Kelly Mr. Sensibaugh, Pub. Works Director, gave staff report. Public Comment Terry Kelly, appellant, spoke in support of this appeal; he noted having no objection to hooking up to sewer, asking only that the an- nexation fee be waived. Lengthy discussed ensued between staff and the Board regarding prior and current ordinance language addressing fees required for sewer ser- vice. MOTION: By Director Borgeson that the Board deny this appeal for payment of the sewer annexation fee requested by Mr. & Mrs. Kelly, seconded by Director Bourbeau; failed by 2: 2 roll- call, with Director Norris and Chairman Mackey opposed and Director Handshy absent. MOTION: By Director Borgeson that the Board deny the appeal of pay- ment for the sewer annexation fee as requested by Mr. & Mrs. Kelly, seconded by Director Bourbeau; passed by 3:1 roll- call, with Director Norris opposed and Director Handshy absent. **l. Authorization for Public Works Director to Solicit Bids for In- flow and Infiltration Analysis Project to the Wastewater Treat- ment Plant 11 0 Mr. Shelton, City Mgr. , suggested the Board continue this item to their next meeting; the Board concurred. **3. Appeal of Sewer Annexation Fee Revised Requirement - 10705 E1 Camino Real (Casa Camino Apartments) - Messer Mr. Jorgensen, City Atty. , noted a letter from Atty. Glen R. Lewis on behalf of Mr. Messer, and he recommended the Board continue this item to 5/12/87; the Board concurred. MOTION: By Director Norris to adjourn as ACSD Board and reconvene as City Council; passed unanimously. E. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Committee Appointments postponed to next meeting. Public Works Director - Mr. Sensibaugh announced that staff will be obtaining a program either this Thurs. or next Tues. to eliminate the sludge problem at the w/w treatment plant; some residents might have odor complaints. The RWQCB has given permission for the City to dump the sludge into the temporary drying beds. MEETING ADJOURNED AT 12:50 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk MINUTES PREPARED BY: CINDY WILKINS, Deputy City Clerk 12