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HomeMy WebLinkAboutMinutes 051287 ATASCADERO CITY COUNCIL (MINUTES APPROVED BY COUNCIL, AS WRITTEN, 5/26/87) MINUTES May 12, 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. ROLL-CALL Present: Council Members Borgeson (*) , Bourbeau, Norris and Mayor Mackey (*) Councilwoman Borgeson was excused after Council action on Item C-4. Absent: Councilman Handshy (Vacation) STAFF Mike Shelton, City Manager; Henry Engen, Community Development Direc- tor; Paul Sensibaugh, Public Works Director; Bud McHale, Police Chief; Mike Hicks, Fire Chief; Jeff Jorgensen, City Attorney; Bob Best, Rec- reation Director; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk COUNCIL COMMENT Mayor Mackey presented employees, Capt. Vern Elliott, Fire Department, and Sgt. John Barlow, Police Department, with plaques honoring them as City Employees of the Year. City Clerk, Boyd Sharitz, administered the Oath of Office to newly- appointed City Treasurer Gere Sibbach. COMMUNITY FORUM Anita Sari, AFS foreign exchange student at Atas. High (since last August) , spoke briefly about her city and country, Surabaya, Indones- ia, where she will return in July, following graduation in June. She noted that Surabaya is the second largest city in Indonesia, with approx. 3 million people. She presented Mayor Mackey with a plaque bearing the symbol of Surabaya and a scarf bearing the map of Indones- ia, gifts from the Indonesian government to her host City, Atascadero. Bud Tanner , a volunteer worker at the Charles Paddock Zoo, relayed difficulties incurred in trying to get an inspection on the kitchen and hospital addition(s) at the zoo. He also expressed difficulties in meeting with the Chief Building Inspector to discuss certain requirements, which he feels are beyond the UBC. Mr . Best, Rec. Dir- ector , responded that there is a meeting scheduled tomorrow between 1 himself, Mr. Fielding (Chief Bldg. Insp. ) and David Main (the project architect' s representative) to discuss the situation. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of April 28, 1987 2. Approval of Minutes of the Special Council Meeting of April 15, 1987 3. Acceptance of Offer of $1,500 for Sale of Surplus Dial-A-Ride Bus by Paul Torba 4. Authorization for Police Department to Offer for Public Sale Lost and Unclaimed Property on May 16, 1987 5. Approval of Award Backhoe Tractor Bid for the Street Division to Ryan Equipment - $31,272. 65 6. Proclamation Acknowledging the Month of June, 1987 as Zoo and Aquarium Month 7. Approval to Award Play System Bid for Paloma Creek Park to Miracle Recreation Equipment - $19,356. 53 8. Approval of Traffic Control Items: A. Resolution 41-87 - Designating a 2-Hr . Parking Zone in Area Previously Designated as Loading Zone - Traffic Way East of El Camino B. Resolution 40-87 - Designating a Stop Intersection on Old Santa Rosa Road at Intersection with West Front C. Resolution 42-87 - Designating a Stop Intersection on Llano Road at Intersection with Santa Lucia 9. Proclamation Acknowledging May 17-23, 1987 as Traffic Safety Week 10. Approval of Tentative Tract Map 6-87 - 8784 Plata Lane - Creation of 6 Industrial Air-Space Condominium Units on a . 509 Acre Parcel - Palmer/Cuesta Engineering 11. Approval of Tentative Parcel Map 8-87 - 8660/8700 Coromar (Lots 33J & 33K, Block 7) - Subdivision of 2 Parcels Totaling 1.95 Acres into 4 Lots of Approximately 20,000 Sq. Ft. Each - Silber- stein/Barbieri/Volbrecht Surveys 12. Approval of Tentative Lot Line Adjustment 7-87 - 5703/5705 Del Rio Rd. - Adjust Lot Line Between 2 Existing Lots - Cropper/Twin Cities Engineering 13. Acceptance of ,,Final Parcel Map 9-86 - 8971 San Gabriel Road - Warhurst/Tartaglia 2 14. Acceptance of Final Tract Map 20-84 - 5600 West Mall - Dennis Bethel and Associates MOTION: By Councilwoman Norris to approve Items Al-14, seconded by Councilman Bourbeau; passed by 4:0 roll-call, with Councilman Handshy absent. B. UNFINISHED BUSINESS 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 Sizes to Residential Single Family with a Planned Development Overlay Zone 7 (SEC- OND AND FINAL READING) (Cont'd from 4/28/87) Mr. Engen, Commun. Devel. Director , gave staff report. There was no public comment. MOTION: By Councilwoman Norris to read Ord. 151 by title only, sec- onded by Councilman Bourbeau; passed, unanimously. Mayor Mackey read Ord. 151 by title only. MOTION: By Councilman Bourbeau that this constitutes the second read- ing and adoption of Ord. 151, seconded by Councilwoman Nor- ris; passed by 4 :0 roll-call, with Councilman Handshy absent. 2. Tentative Parcel Map 3-87 - 9005 Atascadero Avenue - Subdivision of .93 Acre Parcel into two .46 Acre Lots - Shultz/Baumberger (Cont'd from 4/2/87 Consent Calendar) Mr. Engen, Commun, Devel. Director , gave staff report (noting this item is similar to Item B-3 as both relate to the issue of how to han- dle a contribution toward sidewalks for future route to school plan) . Mr . Engen relayed that he did meet once with the PTA groups from the various schools, and there will be another meeting in June. There was no public comment. MOTION: By Councilwoman Norris to approve TPM 3-87, subject to the findings and revised conditions of approval recommended by the Planning Commission with the exception that Condition No. 11 will be revised to read as follows: "11. The applicant shall deposit with the Director of Pub- lic Works $1,853.00, which shall be utilized for future implementation of the sidewalk route to school plan serving Santa Rosa Elementary School. " 3 0 0 Motion was seconded by Councilman Bourbeau; passed unanimous- ly, with Councilman Handshy absent. 3. Tentative Parcel Map 4-87 - 9240 Atascadero Avenue - Subdivision of a 4.93 Acre Parcel into 10 Lots Containing Between 20 ,100 and 24,720 Sq. Ft. - Hawkins/Cuesta Engineering Mr. Engen, Commun. Devel. Director , gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to approve TPM 4-87 , subject to the findings and revised conditions of approval recommended by the Planning Commission with the exception that Condition No. 13 will be revised to read as follows: "13. The applicant shall deposit with the Director of Public Works $3,982.00 , which shall be utilized for future implementation of the sidewalk route to school plan serving Santa Rosa Elementary School. " Motion was seconded by Councilwoman Norris; passed 3 :1, with Councilwoman Borgeson opposed and Councilman Handshy absent. C. HEARINGS/APPEARANCES/REPORTS (*Council consented to change the order of items; C-4, a proposed ur- gency ordinance, considered first. ) *4. Urgency Ordinance 152 - Clarifying the Minimum Lot Size in the LSF-X and RSF-X Zones - Requiring a Net Minimum Land Area of 20,000 Sq. Ft. with Sewer (excluding land area needed for street right-of-way whether public or private) (FIRST AND FINAL READ- ING) Mr. Engen, Commun. Devel. Director, gave staff report reviewing al- ternatives available to Council. He noted that there is currently one relative application in the pipeline, which will be before the Planning Commission at their next meeting for consideration with con- ditions for approval. Mr. Jorgensen, City Atty. , noted that should Council not take action on this item tonight, it could be brought back at any future meeting without additional notice. Public Comment Jack Bray, 8480 Atas. Ave. , expressed complete agreement with the pro- posed urgency ordinance; however, he requested TPM 9-87 -- the one in the pipeline (noted above in Mr. Engen' s comments) -- be exempt from the ordinance or that this amendment be held over to allow his client (J. Kuhlman) to complete the parcel map. He added that both he and his client were informed by Planning Divn. staff that TPM 9-87 met the 4 criteria of the ordinance in effect, or they would not have gone to the expense of both time and money in pursuing the application. Mr. Jorgensen, City Atty. , noted options available to Council, in view of the previous speaker ' s comments: (1) Continue this matter to the next regular meeting, at which time staff could prepare an amendment to the urgency ordinance which would exempt applications filed prior to a specified date; (2) Continue consideration of an urgency ordinance until such time as there are other applications pending that would violate the intent; (3) Take action tonight if Council thinks it is appropriate. Dennis Lockridge, 8935 Atas. Ave. , urged Council approval of the pro- posed urgency ordinance, feeling it addresses the Council and Planning Commission' s intent at the time of the Gen. Plan amendment; however, he expressed his feeling that it has come a little late, in that many builders have taken advantage of the 20 ,000 sq. ft. gross. Councilwoman Borgeson requested the record reflect her agreement with the comments of the previous speaker. MOTION: By Councilwoman Borgeson to adopt Urg. Ord. 152, which shall take immediate effect and preclude approving any future par- cel maps or tract maps in LSF-X or RSF-X zones which contain lots proposed to be less than 20, 000 sq. ft. after streets have been deducted from the acreage, seconded by Councilwoman Norris; failed by 2:2 roll-call, with Councilman Bourbeau and Mayor Mackey opposed and Councilman Handshy absent. Council discussed the option of postponement in order to amend the proposed language in consideration of the pending (Kuhlman/Bray) ap- plication. MOTION: By Councilman Bourbeau to direct staff to bring back (at the next regular meeting) an amended urgency ordinance to in- clude a statement exempting applications submitted prior to 5/12/87, seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. *Mayor Mackey announced that Councilwoman Borgeson is excused, due to health problems. 1. Presentation by John Bartelt - Proposed Nuclear Free Zone Ordi- nance 5 0 9 Mr. Bartelt spoke in support of the above, summarizing that the pro- posed ordinance suggests that we limit, with reasonable exceptions and exclusions, the City' s ability to accept bids and contracts from busi- nesses that are involved in nuclear weapons production, and it would deny business licenses to local weapons-related businesses. He noted that, according to figures compiled by Nuclear-Free America, more than 15 million Americans now live in such zones nationwide. He expressed he has no dilusion that Council action in favor of this proposal will have any major impact on the American economic situation; this is a simple request that the Council take action in some form toward the end that our nation' s economy be curbed away from its dependence on arms dollars and redirected toward reliance more on socially respon- sible products. He went on to summarize the current level of the nuclear weapons arsenal and production. Ray Jensen, 6665 County Club Dr. , spoke in support of this proposal. He expressed his confidence in the Council' s judgment and commitment to whatever action is morally right and in their common sense regard for humanity. He urged that Council will not consider this proposal from the viewpoint of pressure politics, believing that communities such as ours ought to utilize the freedom to act for what is right in the interest of all communities. Chuck Smith, 7955 Valle, expressed opposition to Council acting on what, he feels, is a national policy, although agreeing the issue is one that should be debated. He countered some of the comments of the previous speakers, saying that people who are actively involved in the peace movement should realize that nuclear weapons are an important instrument of peace and that they create the incentive for nations to cooperate with one another. He spoke of the overall reduction in nuc- lear firepower as a result of the arms race. Valerie Hamilton, 5650 Portola, expressed support for this proposal, feeling it is an issue that transcends politics and political boundar- ies. She feels it is the responsibility of the citizens to insure that the City adopts laws/ordinances such as that proposed. Paul Rose, resident, expressed that this proposed ordinance is one of hope, not of fear, intended to serve as a statement from our community that we' re trying to work together for a solution to a problem we all share. He feels any reduction in the nuclear arsenal is attributed to statements such as this proposal. John Baker , Santa Margarita resident, spoke in support of this propos- al, feeling it is appropriate to address this issue from the local level. He noted a provision in the proposed ordinance which would allow Council discretion to do business with certain companies if there are no others available. Ron Lapp, 6805 Los Gatos Rd. , spoke in support of this proposal, be- lieving it provides the opportunity for the City to make a symbolic gesture regarding this issue. Council expressed individual opinions regarding this proposal. 6 Mayor Mackey expressed her belief that this is a local, as well as a national, issue but suggested the voters pursue a ballot initiative in view of the fact that only three Council members are present to con- sider it. No formal action was taken. 2. Business Improvement Association Report - Request for Initiation of Special Zoning District for Central Business District and an In-Lieu Fee Parking Program Mr. Engen gave staff report and responded to questions from Council. There was no public comment. Council consented (with the noted absence of Councilmembers Handshy and Borgeson) to agree with the concept of this request but would like more details in coordination with the economic analysis study. No formal action was taken. 3. Presentation on Proposed Boundaries for Undergrounding Utilities in the Downtown Area Mr. Sensibaugh, Pub. Works Director, gave staff report. He introduced Mr. Wayne Cooper, PG&E, who has replaced Mr . Don Smith and will be attending Council meetings representing PG&E. There was no public comment. MOTION: By Councilwoman Norris to concur with staff recommendations as outlined in staff report (dated 5/4/87) , seconded by Coun- cilman Bourbeau; passed by 3:0 roll-call with Councilmembers Borgeson and Handshy absent. D. NEW BUSINESS 1. Authorization for Mayor to Enter into Agreement with "ARE" - Prep- aration of the Atascadero Creek Bridge Traffic Study - $5, 000 Mr. Sensibaugh, Pub. Works Director, gave staff report. There were no public comments. MOTION: By Councilman Bourbeau that Council accept the ARE, Inc. pro- posal for the Traffic Circulation Study and Impact Mitigation Analysis for the Atascadero Creek Bridge, seconded by Coun- cilwoman Norris; passed by 3:0 roll-call, with Councilmembers Borgeson and Handshy absent. 2. Authorization for Mayor to Enter into a Memorandum of Understand- ing with Atascadero School District - Joint Use of Recreational Facilities Mr. Best, Rec. Director, gave staff report. 7 Public Comment Mr. Collie Kidwell, representing the City/School subcommittee which has been discussing this issue, spoke in support of the development of this MOU. He noted it would serve to provide the philosophy behind the formation of a JPA, should it be approved by both the Council and the AUSD Board. He summarized the subcommittee' s recommendations. MOTION: By Councilman Bourbeau to approve the MOU as presented, sec- onded by Councilwoman Norris; passed unanimously, with Coun- cilmembers Borgeson and Handshy absent. 3. Authorization for Mayor to Enter into Agreement with Alderman En- gineering - Design Phase of Atascadero Lake Improvement Project - $17,850 Mr. Best, Rec. Director, gave staff report. There was no public comment. MOTION: By Councilwoman Norris to approve staff recommendation to award the design phase of the Atascadero Lake Improvement Project to Alderman Engineering for $17,850.00 , seconded by Councilman Bourbeau; passed by 3:0 roll-call, with Council- members Borgeson and Handshy absent. 4. Authorization to Establish an Employee Service Award Program and Approve Appropriation of Funds for First Year Costs Mr. Shelton, City Mgr. , gave staff report. There was no public com- ment. MOTION: By Councilwoman Norris to approve appropriation of $3,000 from the Council contingency funds to cover the first year costs to establish an employee service award program, second- ed by Councilman Bourbeau; passed by 3:0 roll-call, with Councilmembers Borgeson and Handshy absent. Mr. Shelton noted it would be important and appropriate to recognize those employees who have tenure beyond five years (prior to incorpora- tion) . MOTION; By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanit. Dist. Board of Directors, seconded by Councilwoman Norris; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Authorization for Public Works director to Solicit Bids for Inflow and Infiltration Analysis Project to the Wastewater Treatment Plant (Cont'd from 4/28/87) 8 I, 0 • Mr. Sensibaugh, Pub. Works Director , gave staff report. There was no public comment. MOTION: By Director Norris to approve staff recommendation as out- lined in staff report (dated 5/5/87) , seconded by Director Bourbeau; passed unanimously, with Directors Borgeson and Handshy absent. 1. Appeal of Sewer Annexation Fee Revised Requirement - 10705 El Cam- ino Real (Casa Camino Apartments) - Messer (Cont'd from 4/28/87) Mr. Sensibaugh, Pub. Works Director, gave staff report. He noted the receipt late today of a letter from Atty. Glen R. Lewis, on behalf of Mr. Messer. Mr. Jorgensen, City Atty. , commented that he would like to thoroughly review Mr . Lewis' s letter and recommended it would be appropriate to continue this item. Mr. Jorgensen noted that he has reviewed a theory outlined in a letter, dated 4/21, from Mr. Lewis alleging that this project constituted a vested tentative map; he found that said theory is not applicable. Commenting further on the letter received today from Mr. Lewis, Mr. Jorgensen stated that it appears clear that there was no development agreement entered into between the City and the applicant, noting that the precise plan does not constitute a develop- ment agreement. Public Comment Glen Lewis, Atty. for appellant, stated that Mr . Messer is willing to have this item continued for further review. He expressed agreement with Mr. Jorgensen regarding the vested right issue, noting that the thrust of the development agreement is getting to the point of a nego- tiated agreement between the City and the applicant relative to Res. No. 20-84. MOTION: By Director Norris to continue this item to the next regular meeting on 5/26/87, seconded by Director Bourbeau; passed unanimously, with Directors Borgeson and Handshy absent. 3. Marchant Way (Lots 72 & 73) Sewer Connection - Request for Excep- tion Mr. Sensibaugh, Pub. Works Director, gave staff report and responded to questions from the Board. There was no public comment. MOTION: By Director Bourbeau to adopt staff recommendation for ap- proval of connection of two buildings to the public sewer by a common building sewer conditional upon recordation of an appropriate easement and a maintenance agreement by the ap- plicant for connection, seconded by Director Norris; passed unanimously, with Directors Borgeson and Handshy absent. 9 4. Approval to Award Backhoe Tractor Bid for the Sanitation District to Ryan Equipment - $31,272. 65 Mr . Sensibaugh, Pub. Works Director, gave staff report. He pointed out that the Ryan bid is not the lowest but more closely meets speci- fications; also, the City already has Case equipment and can inter- change parts, in some instances. Further , the recommended bid amount is under budget. MOTION: By Director Norris to accept the bid from Ryan Equipment of Santa Maria in the amount of $31,272.65, seconded by Director Bourbeau; passed by 3:0 roll-call, with Directors Borgeson and Handshy absent. MOTION: By Director Bourbeau to adjourn as ACSD Board and reconvene as City Council, seconded by Director Norris; passed unani- mously. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Committee Appointments: a. Traffic Committee (Consideration to appoint Planning Commission Member) MOTION: By Councilman Bourbeau to continue this item to the next meeting, seconded by Councilwoman Norris; passed unanimously. b. City/School Committee Council consented to appoint Councilman Bourbeau to this committee (with the noted absence of Councilmembers Borgeson and Handshy) . c. San Luis Obispo Area Coordinating Council (alternate repre- sentative — unexpired term vacated by G. Molina) MOTION: By Councilwoman Norris to appoint Mayor Mackey to fill the unexpired term on the SLOACC, seconded by Council- man Bourbeau; passed unanimously, with Councilmembers Borgeson and Handshy absent. d. Ad Hoc Committee on Acquisition of Property along Frontage of Atascadero Lake Park Mayor Mackey commented that she and Councilwoman Borgeson have met once, last week, as part of this committee and another meet- ing is scheduled for this Friday to consider Mr. Guidry' s and other property along Morro Rd. Mr . Guidry has requested that Councilmembers Borgeson and Mackey remain on this committee, and Council consented (with Members Borgeson and Handshy absent) . 10 e. Solid Waste Management Commission(Note: This item added. ) Mayor Mackey announced that this appointment is per direction of the County Bd. of Supvrs. and State Legislature; appointment ratifications must be made tomorrow, 5/13/87 . MOTION: By Councilman Bourbeau to appoint Councilwoman Norris to this committee, seconded by Mayor Mackey; passed unanimously, with Councilmembers Borgeson and Handshy absent. Mr. Shelton noted that he will be presenting a proposal to Coun- cil at their next regular meeting which will petition the N. Coastal Transit Authority JPA to enable the City to participate. Following that action, the Council will be requested to appoint a representative. Mayor Mackey made several announcements: - Councilman Handshy, Chmn. for the Council U.S. Constitution Committee, is requesting a community member chairperson be appointed; Mayor Mackey has scheduled a meeting for Wed. , 5/20/87 , at 7 : 30 p.m. in the 4th Floor Club Room, and she encouraged public attendance. - Announced receipt of invitation to Council to attend the Santa Maria Rodeo Weekend - Announced she will be attending a legislative conference on June 1-2 in Sacramento; - Noted Council may need to have earlier or extra meetings due to the length of the agendas recently. Mr. Shelton commented on the tentative budget schedule: - Special Meeting on 5/27 for budget overview; - Presentation of the preliminary budget on 6/9; - Morning budget workshops on 6/16, 17 and 18; - Public hearing and adoption on 6/23. City Clerk - Mr . Sharitz complimented the Council for adoption of the Employee Awards Program. City Manager - Mr . Shelton announced that the City' s labor negotiat- or has been rescheduled for 5/19 at 6:00 p.m. and requested that the Council adjourn this meeting to that date and time for a closed ses- sion; the purpose is to advise Council of employee budget requests and to provide direction to our negotiator. MEETING ADJOURNED AT 10 :15 P.M. TO A CLOSED SESSION ON 5/19 AT 6:00 P.M. IN THE FOURTH FLOOR CLUB ROOM FOR THE PURPOSE OF LABOR NEGOTIA- TIONS. 11 0 MINUTES RECORDED BY: BOYD C. HARI Z, City k PREPARED BY: CINDY WILKINS, Deputy City Clerk 12