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HomeMy WebLinkAboutMinutes 071487 APPROVED AS WRITTEN 0 CITY COUNCIL ME G AGENDADA li'EM,�---s� ATASCADERO CITY COUNCIL MINUTES July 14, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Norris, followed by the Pledge of Allegiance. ROLL CALL Present: Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Absent: None STAFF David Jorgensen, Administrative Services Director/Acting City Manager; Bud McHale, Police Chief; Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director ; Gil Dovalina, Recreation Sup- ervisor; Jeffrey Jorgensen, City Attorney; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk COUNCIL COMMENT Mayor Norris presented a plaque to Councilwoman Mackey in recognition for her tenure as Mayor (June 1986 - June 1987) . Councilwoman Mackey spoke in favor of saving the old Salinas River Bridge and requested the issue be on the Council's agenda upon receipt of information from CalTrans. Mayor Norris thanked the Council for appointing her as Mayor and the citizens who congratulated her . She made a prepared statement regard- ing what she feels the present Council stands for. She apologized to the public for the absence of department heads last Friday (due to conflicting vacation and/or conference scheduling and illness) . PUBLIC COMMENT George Highland,, resident, reiterated questions asked at a prior Coun- cil meeting relating to the Graham countersuit, noting that he feels entitled to a public answer. He asked, "What does a resident and tax- payer in Atascadero have to do to get a public answer to a question that doesn' t involve privileged information, such as those parts of litigation, personnel files or labor negotiations?" Mr . Jorgensen, City Atty. , responded that the question is too general to give a mean- ingful answer to; he reiterated the public statement that he issued at the _last regular Council meeting relating to the Graham issue, saying he believes further comment on the matter is inappropriate because it is a matter of litigation. He noted that he would be available, should Mr. Highland wish to contact him, to review the general rules 1 for the making available of public documents to a citizen, but it' s a very broad and general question which he cannot answer at this meet- ing. A. CONSENT CALENDAR * Mayor Norris noted that Items 7-A&B are pulled from the agenda. 1. Approval of Minutes of the Regular Council Meeting of June 23, 1987 2. Denial of Claim Against the City by Clyde Bennett for Damages Totaling $11,670. 96 3. Approval of Tentative Parcel Map 7-87 - 5020 Palma - Creation of Three Residential Air-Space Condominium Units - Ebhardt/Volbrecht Surveys 4. Approval of Tentative Parcel Map 22-87 - 8635 Coromar - Subdivi- sion of .94 Acre into Two Lots of 20,000 Square Feet Each - Stoner/Cuesta Engineering 5. Approval of Tentative Parcel Map 37-87 - 7421 Santa Ysabel - Consideration of Modified Tentative Map Deleting One Lot in Con- formance with Established Planned Development Overlay Zone Allow- ing for a Four Lot Subdivision- California Manor/Young 6. Acceptance of Final Parcel Map 8-86 - 8460 Morro Road Heely/ Moore *7. See Note Above. 8. Approval of Resolution 60-87 - Establishing a "No Parking" Zone at the Intersection of West Mall and Palma 9. Approval of Resolution 61-87 - Establishment of a Stop Sign on Dulzura Avenue at the Intersection with Bajada Avenue 10. Approval of the Following Resolutions Authorizing 1987/88 Annual Assessment Charges for Street Maintenance Districts: A. Resolution 62-87 - Lobos Avenue B. Resolution 63-87 - Sonora/final C. Resolution 64-87 - Malaza Avenue D. Resolution 5-87 Falda Avenue E. Resolution 66-87 - Pinal/Escarpa F. Resolution 67-87 - Aguila Avenue G. Resolution 68- - Cayucos Avenue 11. Authorization for City Manager to Declare Various Beams and Mis- cellaneous Hardware from the Former Scolari Market as Surplus Property and to Offer for Public Sale 12. Acceptance of Final Lot Line Adjustment 5-87 - 3905 El Camino Real - Zimmer/Volbrecht Surveys 2 Sandi Lees, 4150 Cayucos, requested Item 10-G be pulled for discussion (moved to New Business) . MOTION: By Councilwoman Mackey to approve Consent Calendar , deleting Items 7-A&B and pulling Item 10-G for separate discussion, seconded by Councilwoman Borgeson; passed unanimously by roll-call. ** Mayor Norris announced the following Item moved from Item D-2: 2. City Council Discussion Regarding SLO County 1977 Board of Super- visors Action on Resolution 77-547 - Proposed Lot Line Adjustment - 7905 Carmelita - Jordan Mr. Engen, Commun. Devel. Director, gave a verbal staff report Summar- izing the background of this item. Public Comment Johnie Jordan, 7905 Carmelita, handed each Councilmember a letter regarding this issue He reviewed the history of events relating to his attempts to obtain a lot line adjustment (LLA) on subject prop- erty, noting his desire to build a home next door for his daughter and her husband. Mr. Jorgensen, City Atty. , summarized staff' s approach to this issue, noting Mr. Jordan was advised to seek the advice of an engineer to assist him in understanding this situation. Mr. Jorgensen explained that a major problem exists because a LLA was never recorded, making the title on subject property "clouded" -- i.e. , there' s nothing in the title to indicate that a LLA ever existed. Mr. Jordan has been encouraged by staff to apply for a LLA. Jack Bray, 9480 Atascadero Ave. , a licensed land surveyor , recollected that, prior to the City' s incorporation, a LLA was not a recorded doc- ument but was filed by the County Clerk. Mr . Jordan responded that said document is on file in the County Clerk' s Office. Mr. Engen noted receipt of a letter (yesterday) from SLO County Plan- ning staff, which verified the procedure was to file LLA' s in the County Clerk ' s Office prior to Atascadero' s incorporation. It was noted that, if Lot 2 had sold, described in its original form, the issue was further clouded. Mr. Engen reviewed additional attempts by City staff to obtain information related to this issue. Mr. Jorgensen noted the City cannot issue a certificate of compliance because the description of 'Parcel lA is unknown, due to a conveyance of property between Parcels lA and 2 using an old property descrip- tion, and this could be corrected by a LLA. Sylvia Thomas, the daughter of Mr. & Mrs. Jordan, wonders why monu- ments are needed at this time, since the mapwasapproved in 1977 by the County. She feels it is an injustice that advice given by public officials earlier no longer applies and her father is being penalized. 3 Mr. Bray spoke again, feeling that Lot 2 could be cleared up by an exchange of quitclaim deeds from both parties, if the City could ac- cept the first LLA. Don Thomas, Son-in-Law of Mr. & Mrs. Jordan, noted that he was present ten years ago when a LLA was approved on subject property. Mr. Bray, again, spoke saying that Mr . Hilliard should have recorded a record of survey on subject property which would reflect a LLA. Discussion was closed to the floor and came back to Council and staff. MOTION: By Councilwoman Borgeson to approve a LLA for Mr. & Mrs. Jordan. Mr. Jorgensen, City Atty. , noted a LLA cannot be approved without the preparation of a map; among other procedural requirements, this would require a public hearing. Councilwoman Borgeson withdrew her previous motion and asked how this could be expedited, her intent being to push this through without the Jordans paying any extra money for engineering. Mr. Jorgensen recommended continuation of this item so that staff can explore whether or not an exchange of deeds between Parcels 1-A and 2 would correct the matter sufficiently. Mr . Jordan would have to work out the exchange of deeds with the adjoining property owner , if he is willing to do so. MOTION: By Councilwoman Mackey to waive any City fees that Mr. Jordan might incur to accomplish a LLA, if he needs such a thing, seconded by Councilman Bourbeau; passed unanimously. MOTION: By Councilman Handshy that Council concur with the City At- torney' s recommendation (see prior to previous motion) for a continuation, and to bring this matter back in two weeks for consideration, seconded by Councilwoman Borgeson; passed unanimously by roll-call. MAYOR NORRIS CALLED FOR A BREAK AT 8:40 P.M. AND THE MEETING BACK TO ORDER AT 8:50 P.M. B. HEARINGS/APPEARANCES/REPORTS 1. Consideration of Road Abandonment on a Portion of Marchant Way; A. Public Hearing B. Resolution 69-87 - Vacating Portion of Marchant Way Adjacent to Lot 79 , 9590 Marchant Way 4 Mr. Engen, Commun. Devel. Director , gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to conceptually approve staff' s recom- mendation, directing that staff conduct negotiations and come back with a firm, comprehensive proposal for Council consid- eration, seconded by Councilwoman Mackey; passed unanimously by roll-call. 2. General Plan Conformity Status Report - Sycamore Road Property in River Gardens Area for Sale by City (Cont'd from 5/26/87 Council Meeting) Mr. Engen, Commun. Devel. Director, gave staff report and responded to questions from Council. Public Comment Mike Arrambide, 7243 Del Rio Rd. , concurred with Councilwoman Mackey that subject property should be conveyed and kept within the City. He opposes its sale and the funds used for General Fund purposes, feeling any funds acquired from its sale should be earmarked for acquisition of other property that would meet City plans. Councilwoman Borgeson suggested that the Parks & Rec. Commission con- sider possible use of subject site for a park, perhaps soliciting homeowners interest in such a use. MOTION: By Councilwoman Borgeson to deny that subject property on Sycamore Road be designated as surplus. Motion died for lack of a second. MOTION: By Councilwoman Mackey to concur with staff recommendation to receive the Conformity Report per the Planning Commission's recommendation, seconded by Councilwoman Borgeson; passed unanimously. AMENDMENT TO MOTION: By Councilwoman Mackey that Council also refer this item to the Parks & Rec. Commission for their opinion, seconded by Councilwoman Borge- son; passed unanimously. 3. Atascadero Lake Pavilion Building Status Report - Verbal Mike Arrambide, Chmn. of the Lake Pavilion Project, gave a brief history of the progress of this project and a status report. Mr. Jorgensen, City Atty. , noted that the City doesn' t have liability coverage for the volunteer laborers on this project, saying this issue should be carefully explored before proceeding. No action was taken on this item. 5 4. Urgency Ordinance 154 - Extending Time Frame of Urgency Ordi- nance 152 - Clarifying the Minimum Required Lot Size in the LSF-X and RSF-X Zones as Requiring a Net Minimum land Area of 20,000 Sq. Ft. with Sewer (Excluding Land Area Needed for Street Rights- of-Way Whether Publicly or Privately Owned) (FIRST AND ONLY READ- ING) Mr . Engen, Commun. Devel. Director, gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to read Ord. 154 by title only, sec- onded by Councilwoman Borgeson; passed 4:1, with Councilman Handshy opposed. Mayor Norris read the full text of Ord. 154. MOTION: By Councilman Bourbeau to adopt Ord. 154, seconded by Coun- cilwoman Borgeson; passed by 4:1 roll-call, with Councilman Handshy opposed. C. UNFINISHED BUSINESS 1. Acceptance of Proposal by E.R.A. Consultants Economic Develop- ment Analysis Study (Cont'd from 5/26/87) Mr. Engen, Commun. Devel. Director, gave staff report, recommending that Council approve agreement with E.R.A. , and he responded to ques- tions from Council. He suggested that meetings involving anyone of an advisory nature be advertised public meetings, and that all those listed on the Gen. Plan Update mailing list be invited to attend, com- ment and participate (this includes the Chamber of Commerce, BIA, Homeowners' Assn. , AUSD, Atas. Mutual Water Co. , N. County Contractors Assn. , Atas. Board of Realtors and the Parks & Rec. Commission -- in addition to the Planning Commission and the Council) . Mayor Mackey noted that the CBD (Central Business District) is men- tioned in several places throughout subject proposal; she requested it be clarified that this refers to the Atascadero business community at large, not just the downtown area. Public Comment John Cole, 8710 Sierra Vista, asked if the City can afford this study Mr. Jorgensen, Admin. Svcs. Director, noted the $45, 000 appropriation was approved in the CIP Budget on June 30th. Maggie Rice, Chamber of Commerce, urged support of this analysis and spoke in support of Council approval of the agreement with E.R.A. Speaking on behalf of Hal Hayes, she expressed his support for E.R.A. and belief that an economic development strategy is very important and that meetings should be open to all. 6 0 0 Robert Nimmo, 7365 Bella Vista, spoke in support of and recommended approval of this study. He noted the need for demographic/economic data by small businesses interested in locating to Atascadero. Eric Hagan, representing the BIA, spoke in support of approval of this agreement. MOTION: By Councilman Handshy to authorize the Mayor to enter into agreement with Economic Research Associates, seconded by Councilwoman Mackey. AMENDMENT TO MOTION: By Councilwoman Borgeson to add "and the Mayor" following Admin. Svcs. Director in Articled, Para. B of the Consultant Services Agreement, seconded (after lengthy discussion) by Council- man Bourbeau; amendment passed by 3: 2 roll-call, with Councilmembers Mackey and Handshy opposed. Motion, as amended, carried by 4:1 roll-call, with Council- woman Norris opposed. Mayor Norris appointed Councilwoman Borgeson to serve on her behalf in coordination with the consultant as described in Art. 1, Para. B of said agreement; Councilwoman Borgeson respectfully declined the ap- pointment. 2. Tentative Parcel Map 9-87 - 9000 Atascadero Ave. - Subdivision of 1.0 Acre Parcel into Two Lots of . 5 Acres Each - Kuhlman/Bray (Cont'd from 6/23/87 Council Meeting) Mr. Engen,-Commun. Devel. Director, gave staff report recommending approval, as this map was specifically exempted from Ord. #152, and he responded to questions from Council. Public Comment Jack Bray, 9480 Atascadero Ave. , surveyor of record on PM AT 87-078, spoke in support of approval of this TPM, noting that it was submitted on the basis of assurances from Planning staff that this was a legiti- mate lot split request. He also noted that approval is conditioned on contribution to street and sidewalk improvements, which will result in improved safety and welfare at no cost to the City. Dean Crawford, 8575 Portola, expressed opposition to this proposal, feeling that it was Council's intent to maintain a net 20, 000 sq. ft. (no less) , that a flag lot would be created (also against Council' s intent) and expressing that the driveway would be located in an area of poor visibility and could be very dangerous. Dennis Lockridge, 8935 Atascadero Ave. , spoke in opposition to this proposal, noting (as did the previous speaker) the Council' s in- tentions in approving Urgency Ordinances 152 & 154 (152 approved tonight) . 7 0 Discussion came back to Council. MOTION: By Councilman Handshy to approve TPM 9-87 subject to findings and conditions contained in staff report, seconded by Coun- cilwoman Mackey; passed unanimously by roll-call. 3. Tree Ordinance Status Report (Cont'd from 3/24/87) Mr. Engen, Commun. Devel. Director, gave staff report, noting meeting scheduled for tomorrow, Wed. , 7/15, at 7: 00 p.m. in the Club Room, for purpose of tree committee members and interested citizens to review policies and ordinances relating to trees. He then responded to ques- tions from Council. Public Comment John Cole, 8710 Sierra Vista, Tree Preservation Committee member, not- ed that the current ordinance is inadequate and that more effective enforcement (penalties for violations) is needed. Whitey Thorpe, 2506 Santa Ynez, expressed he feels property owners should retain the right to cut down trees that they have planted them- selves and that the tree ordinance should have a provision for this. Discussion came back to Council. There was no action taken. MOTION: By Councilman Bourbeau to extend meeting past 11:00 p.m. , seconded by Councilwoman Borgeson; passed by 3:2 roll-call, with Councilmembers Handshy and Norris opposed. 4. Authorization for Mayor to Enter into Revised Agreement with Alderman Engineering - Design Phase of Atascadero Lake Improvement Project - $20 ,350 (Previously Addressed by Council 5/12/87) Gil Dovalina, Rec. Supvr. , gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to accept staff recommendation and approve the Consultant Services Agreement Amendment with Al- derman Engineering with the inclusion of Errors and Omissions Insurance and a revised contract amount of $20 ,350, including Revised Exh. C, seconded by Councilman Handshy; passed unani- mously by roll-call. D. NEW BUSINESS (Following item pulled from the Consent Calendar , Item 10-G) : 8 G. Resolution 68-87 - Cayucos Avenue Sandi Lees, 4150 Cayucos, noted that she and her husband were not made aware of possibility for cost over-run at time of agreement to form the assessment district; they recently received notification that there was a cost over-run of approx. 50%. Mr . Sensibaugh responded, noting that a staff report is scheduled to be on the Council' s next regular agenda to address that subject, and it would be in the Lees' s best interest to express their concerns at that time. MOTION: By Councilman Bourbeau to adopt Res. 68-87 , seconded by Coun- cilwoman Mackey; passed unanimously by roll-call. 1. Award of Dial-A-Ride Bus Purchase Bid to Wide One Corporation - $40,717.68 Mr. Sensibaugh, Pub. Works Director, gave staff report. There was no public comment. MOTION: By Councilman Handshy to accept staff recommendation that Council award the bid for a new transit bus to the sole bid- der, Wide One Corp. , 3051 E. La Palma Ave. , Anaheim, CA, seconded by Councilman Bourbeau; passed unanimously by roll- call. MOTION: By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanitation Dist. Board of Directors, sec- onded by Councilwoman Borgeson; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Request for Sewer Extension Reimbursement Agreement (Lot 31, Block X) Separado Avenue Anderson Mr . Sensibaugh, Pub. Works Director, gave staff report. Public Comment Dr. Anderson urged approval of subject reimbursement agreement. MOTION: By Director Handshy to accept staff recommendation that the Board approve the Sewer Extension Reimbursement Agreement between the ACSD and Dr. Paul Anderson, seconded by Director Borgeson; passed unanimously by roll-call 2. Proposed Revised Agreement with San Luis Obispo County - Sewer Easement Across Chalk Mountain Golf Course (Previously Approved by Council in 7/86) Mr. Sensibaugh, Pub. Works Director, gave staff report. There was no public comment. 9 MOTION: By Director Handshy to accept staff recommendation to approve the revised easement agreement between SLO County and the City of Atascadero for installation of sewer lines through Chalk Mountain Golf Course, seconded by Director Bourbeau; passed unanimously by roll-call. MOTION: By Director Borgeson to adjourn the ACSD Board and reconvene as the City Council, seconded by Councilwoman Mackey; passed unanimously. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Borgeson noted a "Save Santa Margarita Ranch" meeting tomorrow night. Mayor Norris requested the question of elected Mayor be placed on the November ballot. Mr. Jorgensen, City Atty. , noted that Brown Act requirements prohibit Council action on this topic tonight, and he urged close research to assure with compliance in order to con- solidate with the November election date. Mayor Norris requested the topic be placed on the next regular agenda. Councilwoman Mackey made responding comments to those made by Mayor Norris at the beginning of the meeting regarding the absence of de- partment heads last Friday; Councilwoman Mackey noted that all of the department heads have very capable assistants from whom she has been able to obtain answers to her questions. She further noted the absences were all for legitimate reasons. Councilman Bourbeau noted he will not attend the Council' s Aug. 11th meeting, as he will be out of town on business. MEETING ADJOURNED AT 11:20 P.M. MINUTES RECORDED BY: BOYD -.C. SHARITZ, Clerk PREPARED BY: j - CINDY WILKINS, Deputy Clerk 10