HomeMy WebLinkAboutMinutes 060987 VTE�%
(MINUTES APPROVED BY COUNCIL,
ATASCADERO CITY COUNCIL AS WRITTEN, 6/23/87)
MINUTES
June 9, 1987
Atascadero Administration Building
The regular meeting of the Atascadero City Council was called to order
at 7:40 p.m. (due to length of Closed Session) by Mayor Mackey, fol-
lowed by the Pledge of Allegiance. An invocation was given by Ken
Mallett.
ROLL CALL
Present: Councilmembers Borgeson, Bourbeau, Handshy, Norris and
Mayor Mackey
Absent: None
STAFF
Mike Shelton, City Manager; David Jorgensen, Administrative Services
Director; Bud McHale, Police Chief; Henry Engen, Community Development
Director; Paul Sensibaugh, Public Works Director; Jeffrey Jorgensen,
City Attorney; Lt. Chuck Hazelton, Police Department; Boyd Sharitz,
City Clerk; Cindy Wilkins, Deputy City Clerk
COUNCIL COMMENT
'Councilman Bourbeau complimented the APD on the identification and
arrest of a suspect in the Rainwater homicide case.
Mayor Mackey announced that she attended a League of CA Cities Legis-
lative Update in Sacramento last week.
Lt. Hazelton, APD, introduced Robert Ekrote, new Police Officer .
COMMUNITY FORUM
Herb Farrar, Pres. , Villa Margarita Mobilehome Parks Chapt. of the
GSMOL (Golden State Mobilehome Owners League) spoke of that organiza-
tion' s 25th Anniversary and extended invitation to all to attend Open
House this Sun. at 2:45 p.m. at the Clubhouse in Rancho del Bordo in
celebration. Mr. Farrar noted there are currently nearly, 11,000 Atas-
cadero residents (approx. 50% of total City pop. ) living in mobile
homes.
Bill Malinzak, V.P. , Villa Margarita Mobilehome Park, presented the
Council with a plaque in appreciation of the City' s support for the
betterment of its mobilehome parks.
Joe Knyal, resident, made comments protesting use of the City' s legal
firm to defend present/former Councilpersons Handshy, Molina and Nel-
son against the lawsuit filed by Terrill Graham.
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Terrill Graham, resident, made comments relating to his previous ac-
tivities in the City (i.e. , his recall attempts and subsequent legal
actions against himself and the previous speaker) ; he seconded Mr.
Knyal' s comments opposing the City' s legal counsel defending Mr.
Handshy, Mr. Nelson and Mr. Molina.
George Highland, 7275 Carmelita, made comments relating to the two
previous speakers, asking that the following questions be addressed by
Council as regular agenda items in the near future: (1) How did this
suit get into the City pipeline/How did the City become involved?; (2)
On whose authority and how did the suit itself get to the City' s lia-
bility carrier?
Jeff Jorgensen, City Atty. , responded that, since the previous speak-
ers' comments are related to pending litigation, questions should be
resolved as part of the pending court proceedings; he added that he
has reviewed the procedures and found that the appropriate procedure
of the City has been followed.
Both Mr. Graham and Mr. Knyal made further comments relating to the
above.
A. CONSENT CALENDAR)
1. Approval of Minutes of the Regular Council Meeting of May 26 , 1987
2. Approval of Tentative LotLineAdjustment 9-87 - 5100/5102 Fresno
Road - Adjustment of Property Line Between 2 Existing Lots - Baum/
Cuesta Engineering
3. Approval of Tentative Parcel Map 11-87 - 8255 Coromar Road
Subdivision of .94 Acre Parcel into 2 Lots of 20, 475 Sq. Ft. -
Loving/Stewart
4. Approval of Tentative Parcel Map 12-87 - 5192 Portola Road -
Subdivision of 6.0 Acre Parcel into 2 Lots of Approximately 3.0
Acres Each - Janis/Twin Cities Engineering
5. Acceptance of Final Parcel Map AT 820802:1 - Lot 46 of Block 40
San Marcos Rd. - Ibsen/Stewart
6. Acceptance of Final Lot Line Adjustment 4-87 - 5505/5555 Bajada -
Jones/Lebovic/Cuesta Engineering
7. Acceptance of Final Parcel Map 38-86 - 9110 Atascadero Avenue
Schmidt/Wilson Surveys
Councilwoman Borgeson requested Item A-4 be pulled for discussion
(under New. Business) . There was no public comment.
MOTION: By Councilwoman Borgeson to approve Al-7, minus #4, seconded
by Councilwoman Norris; passed unanimously.
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B. HEARINGS/APPEARANCES/REPORTS
1. Planned Development Overlay Zone Provisions in the Zoning Ordi-
nance
Mr. Engen, Commun. Devel. Director, gave staff report, providing back-
ground information (as requested by Council at the 5/26 meeting)
regarding PD provisions of the City' s Zoning Ordinance. He then
responded to questions from Council.
Public Comment
Celia Moss, Pres. of the Atas. Homeowners' Assn. , said she has re-
phrased "planned development" as "pre-development and redevelopment" .
She relayed that the Homeowners' Assn. , at its most recent board meet-
ing on 6/8/87, voted unanimously in opposition to planned development
projects which result in 4,000 sq. ft. lots and in support of the
Mayor 's proposal of an intensive review of the planned development
concept with the eventual goal of eliminating this process.
Eric Michielssen, 5300 Aguila, briefly discussed the concept of
planned development and spoke in support of "effective" PD' s as at-
tractive development. He presented a report to Council, which he com-
piled utilizing information from the League of CA Cities and maps of
several successful County PD areas.
Mike Yeomans, 8325 Pino Solo, noted the flexibility made available to
the Council in terms of conditions which can be put on a project
through the PD zone provisions.
Robert Nimmo, 7575 Bella Vista, pointed out that PD is one of several
options available to Council in addressing itself to the growing com-
munity; he urged Council to maintain as many options as possible to
look to as conditions/attitudes change.
Richard Shannon, 25 Quail Ridge, spoke in support of PD' s.
Mayor Mackey reiterated that this item was requested for clarification
and review of current PD zone provisions; there was no action taken.
2. Presentation of Proposed Budget - Verbal
Mr. Shelton, City Mgr. , gave verbal overview of the proposed budget.
He reviewed suggested methodology of how the Council might approach
review of the budget.
Councilwoman Borgeson expressed that she would like Council to be more
involved in the budget process. Mr . Shelton concurred, recommending
that long-range CIP planning is the best way for the Council to prior-
itize needs on a year-by-year basis.
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Public Comment
Steve Davis, owner of '76 Union Station on ECR, reported that he has
twice received checks which constituted double payment for repairs to
City-owned vehicles, noting said repairs were previously paid by cred-
it card.
Mayor Mackey announced Budget Meetings scheduled for June 16th, 17th
and 18th, from 8: 30-11: 30 a.m, in the 4th Floor Club Room, inviting
public review of and input to the budget.
COUNCILMAN HANDSITY MOVED FOR A RECESS AT 9 :00 P.M. , SECONDED BY COUN-
CILMAN BOURBEAU. MAYOR MACKEY CALLED THE MEETING BACK TO ORDER AT
9:13 P.M.
C. NEW BUSINESS
1. Proposed Resolution *43-87 (* Correction from 45-87 announced) -
Declaring Intent to Vacate Solano Road and to Schedule a Public
Hearing on June 23, 1987
Mr. Engen, Commun. Devel. Director, made brief staff comments, noting
the proposed resolution is strictly to set public hearing date. Mr.
Jorgensen, City Atty. , clarified that the Council may exercise its
discretion to approve or deny the proposed road abandonment after the
public hearing and testimony.
MOTION: By Councilman Bourbeau to adopt Res. No. 43-87 , seconded by
Mayor Mackey; passed unanimously by roll-call.
2. (Item A-4, moved from Consent Calendar) :
Approval of Tentative Parcel Map 12-87 - 5192 Portola Road -
Subdivision of 6.0 Acre Parcel into 2 Lots of Approximately 3.0
Acres Each Janis/Twin Cities Engineering
Councilwoman Borgeson requested clearer maps be provided in staff
reports. Mr. Engen reviewed Cond. #' s 3-7 and #14 in response to fur-
ther questions,
MOTION: By Councilwoman Norris to approve Item A-4 (TPM 12-87) , sec-
onded by Councilwoman Borgeson; passed unanimously.
D. UNFINISHED BUSINESS
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1. Ordinance 153 - Establishment of Regulations & Procedures for
Installation of Underground Utilities (SECOND READING) (Cont'd
from 5/26/87)
Mr. Sensibaugh, Pub. Works Director, gave staff report. There was no
public comment.
MOTION: By Councilwoman Norris to read Ord. 153 by title only, sec-
onded by Councilman Bourbeau; passed unanimously. Mayor
Mackey read Ord. 153 by title.
MOTION: By Councilwoman Norris for approval of Ord. 153, seconded by
Councilwoman Borgeson; passed unanimously by roll-call.
2. Ordinance 150 - Zone Change 23-86 (Revised) - 7421 Santa
Ysabel - California Manor (Young) - Revising Existing Zoning to
Residential Multiple Family, 16 Units Per Acre with a Planned
Development Overlay (allowing reduced lot size development)
(SECOND READING) (cont'd from 4/14/87 & 5/23/87)
Mr. Engen, Commun. Devel. Director , gave staff report. There was no
public comment.
MOTION: By Councilwoman Norris to read Ord. 150 by title only, sec-
onded by Councilwoman Borgeson; passed unanimously. Mayor
Mackey read Ord. 150 by title.
MOTION: By Councilwoman Norris for approval of Ord. 150 , seconded by
Councilwoman Borgeson; passed unanimously by roll-call.
3. Resolution 46-87 - Adopting Fee Schedule and Rules for Use of
Fourth Floor Rotunda Room in the City Administration Building
(Amending Resolution 21-87)
Mr . Sensibaugh, Pub. Works Director, gave staff report. He noted that
staff report indicates $25 fee for use of the kitchen and should be
corrected to reflect $10 as per discussion and concurrence by Council
at the last meeting.
There was no public comment.
MOTION: By Councilwoman Borgeson to adopt Res. 46-87, amending Condi-
tion #1, sentence 3 of the rules & regulations to read, "A
cleaning and damage deposit shall be required" , and reducing
the kitchen use fee to $10 , seconded by Councilman Bourbeau;
passed by 4:1 roll-call, with Councilman Handshy opposed.
MOTION: By Councilman Bourbeau to recess as Council and convene as
the Atascadero County Sanitation District Board of Directors,
seconded by Councilwoman Norris; passed unanimously.
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E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD)
1. Appeal of Sewer Annexation Fee Revised Requirement - 10705 E1 Cam-
ino Real (Casa Camino Apartments) - Messer (Cont'd from 4/28/87,
5/12/87 & 5/26/87)
Mr. Sensibaugh, Pub. Works Director, gave staff report and reviewed
the history of this issue. He presented a tape transcript of a public
hearing before the Planning Commission on 10/6/86, submitted by the
developer, (which will be filed with Council meeting tapes of this
date -- 6/9/87 -- in the City Clerk' s Office) . He summarized the fees
that involve Mr. Messer on the subject 52 units.
Mr. Jorgensen, City Atty. , asked Mr . Sensibaugh to describe the dif-
ference in the scope of the project that was envisioned by the $70
add-on fee and the sewer fee revisions & scope of the project envis-
ioned by them, which Mr. Sensibaugh reviewed.
At Mr. Jorgensen' s request, Mr. Sensibaugh briefly discussed the
significance of Cond. #3 to TTM 6-86; Mr. Jorgensen noted that his
memorandum dated 5/18/87 to the ACSD regarding subject appeal also
addresses this condition.
Public Comment
Glen Lewis, Atty. for Mr. Messer, spoke in support of this appeal. He
addressed negotiations which took place between the applicant, members
of both City staff and Council prior to the adoption of Res. 20-84,
noting said resolution was sought by the applicant to determine what
his total costs for annexation of subject project to the sanitation
district would be. He indicated he has contacted Mr. Larry McPherson,
former Dir . of Pub. Works, who has a great knowledge of the intent of
Res. 20-84.
Mr. Jorgensen, City Atty. , addressed Res. 20-84 and discussed Sec. # ' s
1-a & b with Mr. Lewis.
Dennis Bethel noted this is an apartment project -- not condominiums,
expressing that he feels any discussion relating to condominiums
should take place at some future time, if condos are ever approved.
He noted he was personally involved in the negotiations prior to
adoption of Res. 20-84 with Mr. McPherson, saying original fees on
this project were paid with the understanding that this was the fee
necessary for the entire project. He also noted recent contact with
Mr. McPherson, who concurred with his understanding of the agreement.
Tom McNamara, speaking as a "somewhat silent partner" in subject pro-
ject, asked at , what time Res. 20-84 was rescinded. Mr. Jorgensen
responded that, as previous staff reports have indicated, the condi-
tions of approval of TTM 6-86 would have had that affect; further,
that the conditions of approval in the current resolution apply to the
current fees, since they don' t specify application of 184 fees. Mr.
McNamara expressed that, if the good faith agreement -- Res. 20-84 --
is not honored, the City Administration' s integrity and Council' s
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credibility are in question. He urged consideration in the interest
of affordable housing.
Don Messer, appellant, spoke in support of this appeal. He noted re-
cent discussion with Mr. McPherson, who agreed the intent of Res.
20-84 was to tie this project to the sewer fees in place in 1984. He
noted payment of $185,000 for Phase III vs. $40,000 for Phase I of
this project and that $50 ,000 is still owed on the basis of staff' s
recommendation. He referenced the 10/6/86 tape (submitted to Mr.
Sensibaugh) , noting Mr. Bethel had specifically asked if there would
be any additional fee if 52 apartment units were built, to which
staff' s response was no. He further summarized contents of that tape
transcription.
Richard Shannon, 25 Quail Ridge, expressed that there should be no
question as to what Mr. McPherson states as the intent of Res. 20-84.
Mr. Lewis spoke again, further addressing Res. 20-84 , and Mr. Jorgen-
sen made responding comments.
Mr. Messer spoke again, addressing the conditions of approval of TTM
6-86, and he urged Council to listen to the tape submitted tonight
(Planning Commission excerpt, 10/6/86) to hear specific questions
relating to the pertinent fees to be applied to this project.
Discussion was closed to the floor ; Mr. Jorgensen, City Atty. , made
final comments followed by Council discussion. Chmn. Mackey reopened
the public hearing to the floor , requesting comments of former Coun-
cilman, George Molina, present in the audience.
Further Public Comment
Mr. Molina concurred with earlier staff comments that at no time was
Res. 20-84 rescinded but that a new fee structure, was entered into;
however, he spoke in support of Mr. Messer ' s position, expressing that
he feels the Council's credibility is in question in this instance.
Discussion came back to Council for final comments.
MOTION: By Director Bourbeau to approve staff' s recommendation and
levy current fees against this project, denying the appeal,
seconded by Director Borgeson; passed by 4:1 roll-call, with
Director Handshy opposed.
MOTION: By Director Bourbeau to adjourn as ACSD Board and reconvene
as the Atascadero City Council, seconded by Director Borge-
son; passed unanimously.
MOTION: By Councilwoman Norris to continue meeting past 11:00 p.m. ,
seconded by Councilman Bourbeau; passed 4:1, with Councilman
Handshy opposed.
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F. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
A. Selection of Mayor - Mayor Mackey requested postponement of
this item to the next regular meeting (6/23/87) , with which
Council concurred. Mr. Shelton, City Mgr. , asked if Mayor Pro
Tem is to be considered as well, and should these items be
addressed at the beginning of the agenda, to which Council
responded yes.
2. City Attorney - Mr. Jorgensen expressed he hopes he will be a
new father by the next Council meeting.
3. City Manager - Mr . Shelton noted the need for Council to meet
with the APD facility project architect to review the proposed
schematics; Council concurred to meet on June 30th at 8: 30 a.m.
for this purpose, location to be announced.
MEETING ADJOURNED AT 11:12 P.M. TO A SPECIAL OPEN COUNCIL SESSION ON
JUNE 11, 1987, AT 7:00 P.M. IN THE CITY ADMINISTRATION BUILDING 4TH
FLOOR CLUB ROOM REGARDING ECONOMIC DEVELOPMENT ANALYSIS STUDY PROPO-
SALS.
MINUTES RECORDED BY:
BOY C. SHARIT , C ' Clerk
MINUTES PREPARED BY:
CINDY WILKINS, Deputy City Clerk
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