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HomeMy WebLinkAboutMinutes 012688 ft�^v AGENDA DATL �! 8 ITEM (*MINUTES APPROVED BY COUNCIL AS WRITTEN, 2/9/88) ATASCADERO CITY COUNCIL MINUTES JANUARY 26, 1988 I I The regular meeting of the Atascadero City Council was jcalled to order at 7:30 p .m. , followed by the Pledge of Allegiance, ROLL CALL: Present : Councilmembers Borgeson, Bourbeau, Mackey and Mayor Norris Absent : Councilman Handshy (Flight delay) Staff Present : Mike Shelton, City Mgr . ; Henry Engen, Commun. Dev. Dir ; Paul Sensibaugh , Pub . Wks. Dir . ; Bud McHale, Police Chief; Bob Best , Parks & Rec . Dir. ; Jeff Jorgensen, City Atty. ; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENTS Councilwoman Mackey requested citizen volunteers to assist with the landscaping on the San Diego Way offramp beautification project . Mayor Norris thanked staff for opening their offices and explaining their functions to a group of home-schooled Atascadero children who toured the City offices yesterday. Mayor Norris noted receipt of correspondence from several citizens expressing interest in possible establishment of a skateboard park in Atascadero ; she requested study and future discussion of the subject . Councilwoman Borgeson read a brief statement regarding the possible formation of a citizen ' s advisory committee and expressing the potential advantages. She requested Council ' s conceptual approval of such a committee. After some discussion, Council consensus was to discuss this issue further as a future agenda item with an accompanying staff report outlining suggested committee formation, guidelines and timeframes for committee assignments. Councilwoman Borgeson requested conceptual approval by Council for discussion at the next regular meeting of possible formation of an Architectural Review Board , feeling such a board might shorten the review time of construction projects and free staff to work on other matters. It was noted that an appraisal report is due in May from Mr . Engen, Commun. Devel . Dir . , on the effect of the Appearance Review Guidelines over the past year . Mayor Norris expressed her feeling that the public should be involved in the selection of the Mayor through the election process, and she invited public comment on the subject . Public Comment Joe Grisanti spoke in favor of an elected mayor . Terrill Graham expressed he feels that a danger exists in having a directly elected mayor due to the possible anonymity of potential candidates and that the City should become developed for a longer period of time before implementing a change from Council/Manager to Mayoral form of government . George Highland feels it would be difficult to make a decision at this time because he hasn ' t seen any well thought-out discussion of advantages/disadvantages. Mayor Norris requested this discussion be taken up at a future Council meeting . It was noted that it is doubtful that Council could place a ballot measure regarding the question of elected mayor on the June ballot , due to advertising deadlines required and due to the fact that further review of the subject is necessary before Council determination. COMMITTEE REPORTS City/School Committee - Councilman Bourbeau noted Council will meet with the School Board in a special open meeting on Feb . 4th at 6:30 p .m. , AHS Library to discuss, primarily, the location of the bridge across Atas. Creek . North Coastal Transit - nothing to report SLO Area Coordinating Council - nothing to report (will be meeting tomorrow) Traffic Committee - Councilwoman Mackey reported this committee met last week and toured Atascadero as a group . The committee meets again tomorrow at 3: 15 p .m. and will be making motions relating to what they observed . Solid Waste Mgmt. Committee - nothing to report Equal Opportunity Commission - nothing to report Police Facility Committee APD Chief McHale noted that a purchase agreement for the Beno ' s facility has been been drafted by the City Atty. and is currently being reviewed by staff in -2- effort to present to Council for consideration at their Feb . 9th regular meeting. Atas. Lake Acquisition Committee - nothing to report Tree Committee - Councilwoman Mackey reported that , at its last meeting , the Planning Commission reviewed the newly-revised tree ordinance and , despite unanimous public support expressed , had several misgivings and referred the item to a study session on Thurs. , Jan. 28th at 7:00 p .m. in Room 304 of the Admin. Bldg . Bicentennial Committee - Councilwoman Mackey invited any interestedmemberof thepublicwho may be in Los Angeles on Jan. 30th , and who may wish to attend the scheduled Bicentennial Leadership Project workshops being co-sponsored by the L.A. Bicentennial Commission, to contact her , saying the City may pay for their entrance to the meeting . (see Minutes of 1/12 for relative info . ) Pavilion Committee nothing to report COMMUNITY FORUM Joe Knyal , resident, expressed that some of Councilman Handshy ' s comments relating to the APD facility at the Council ' s last meeting were out of order , and he expressed further dissent regarding Mr . Handshy ' s conduct as a member of Council ; Mayor Norris reminded Mr . Knyal of the Rules of Public Participation, noting that Mr . Handshy isn' t present to respond . Terrill Graham, resident , noted a past letter he addressed to the Mayor regarding citizens ' rights at Council meetings, asking on , what basis Mr . Knyal is being prohibited from making his comments; Mr . Jorgensen, City Atty. , responded that the Mayor" has the inherent authority to impose reasonable rules to preserve decorum in the meeting place, the basic idea being to prevent argumentation over personalities. Joe Grisanti expressed concern over maintenance costs to result from upcoming downtown tree planting. He urged that off-street parking be addressed first . He also expressed he does not feel the BIA represents the merchant business majority. A. CONSENT CALENDAR 1 . Approval of City Council Minutes - January 12, 1988 2. Approval of Treasurer 's Report - December, 1987 3. Approval of Finance Report - December, 1987 4. Approval of Tentative Parcel Map 36-87 - 8197 Coromar- Resubdivision of two existing lots containing 1 .48 ac. into 3 three parcels containing 20,000, 20,000 and 28,597 sq. ft.- Lopus/Twin Cities Engineering 5. Approval of Tentative Parcel Map 41-87 - 8955 Ortega Rd.- Subdivision of an existing developed parcel containing 6.56 jac. into two parcels of 3.06 and 3.50 ac. - West/Volbrecht I Surveys i 6. Approval of Tentative Lot Line Adjustment 17-87 - 10635 Realito - Adjusting property line between two existing lots Niels/Lahrsen/Cuesta Engineering 7. Authorization to surplus Canon word processing system I B. Resolution 11-BB Adoption of regulations for candidates for elective office pertaining to candidate statements for the June 7, 1988 election 9. A portion of Curbaril Ave. Rd. vacation (adjoining Parcel 1 , PM 14-80) Gray: A. Authorize property surplus H. Adopt Resolution 81-87 - Vacating a portion of Curbaril C. Direct recordation of a Quitclaim Deed D. Direct recordation of a Certificate of Lot Merger E. Require signature of a Hold Harmless Agreement Commenting on Item 4, Councilwoman Borgeson asked what type of fence would be installed along the freeway frontage of Parcel 3; Mr . Engen responded it would be similar to that currently in place. Councilwoman Borgeson commented on the need for an architectural review committee for input to situations such as this There was no public comment . Motion: By Councilman Bourbeau to approve Items A1-9, seconded by Councilwoman Mackey; passed 4:0 by roll-call, with Councilman Handshy absent . B. HEARINGS/APPEARANCE5/REPORT5 1 . Subdivision Ordinance Revisions (Cont 'd from 1/12/88) A Public Hearing B. Ordinance 163 — Revised Subdivision Ordinance (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report , reviewing highlights of the proposed revised ordinance and noting several minor changes made after meeting this afternoon with John Falkenstien ( local engineer ) , Alan Volbrecht ( local land surveyor ) , Paul Sensibaugh and Steve DeCamp of City staff to review the document . Discussion with Council ensued . -4- Councilwoman Mackey requested inclusion of language requiring 10 ft . setbacks to flag lots as opposed to 5 ft . (p .3e-D) . Public Comment John Falkenstien, Cuesta Engineering , commented on the 5 ft . setback , expressing that this is considered standard ; he does not see why a flag lot should have a different standard . He also suggested the inclusion of language in the document regarding how many lots can be served in a flag lot subdivision. Eric Michielssen, Planning Commissioner , expressed his feeling that not bringing this item before the Planning Commission sets a dangerous precedent and that land use decisions should follow adopted City policy, follow proper channels and give the public ' every opportunity for i,,nput . Ursula Luna, 10600 San Marcos, relative to the comments of the previous speaker , noted her feeling at the last Planning Commission meeting that many of the public comments expressed (as well as a presentation by Planning staff) were not taken into consideration by the commissioners. Also, she agrees with the 10 ft . setback suggested by Councilwoman Mackey. Terrill Graham, relative to the comments of the previous two speakers, expressed he feels it ' s appropriate for the Council to make important decisions for the City. Sarah Gronstrand, resident , recalled that Council ' s direction to staff at a recent past meeting was to work on this ,ordinance and return to Council -- that this is not something new. Council discussed the issue of whether or not this item should go before the Planning Commission. Motions By Councilwoman Mackey to read Ord . 163 by title only, seconded by Councilwoman Borgeson; passed by 4:0 roll-call . Mayor Norris read Ord. 163 by title. Motion: By Councilman Bourbeau that this constitutes the first reading of Ord . 163, including stuff revisions as noted , seconded by Mayor Norris; motion failed on 2:2 roll-call , with Councilmembers Borgeson and Mackey dissenting , and Councilman Handshy absent . Motion: By Councilwoman Borgeson to adopt first reading of Ord . 163 subject to staff changes, including the change to 10 ft . setbacks on flag lots, seconded by Councilwoman Mackey; passed by 3: 1 roll-call, with Mayor Norris dissenting and Councilman Handshy absent. -5- i 2. General Plan Amendment 1A-88 and Zone Change 14-87- 11250/11350 El Camino Real - Frederick A. Public Hearing B. Resolution 12-88 - Approving an amendment to the land use designation of the City General Plan from Suburban Single Family to Retail Commercial C. Ordinance 164 Amendment to the City zoning maps from Residential Suburban to Neighborhood Commercial (CN (FH) (FIRST READING) Mr . Engen, -Commun. Devel .-Dir-. , gave staff report and responded to questions from Council . There was no public comment. Motion: By Councilman Bourbeau to adopt the Planning Commission ' s recommendation to approve GPA 1A-88 (Res. 12-88) , seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Handshy absent . Motion: By Councilwoman Mackey to read Ord . 164 by title only, seconded by Councilman Bourbeau; passed by 4:0 roll-call . Mayor Norris read Ord . 164 by title. Motion: By Councilwoman Mackey that this constitutes the first reading of Ord . 164, seconded by Councilman Bourbeau; passed by 4:0 roll-call , with Councilman Handshy absent . COUNCIL RECESSED FOR A BREAK AT 9:05 P.M. MAYOR NORRIS CALLED THE MEETING BACK TO ORDER AT 9:20 P.M. 3. General Plan Amendment 1B-88 and Zone Change 16-87 — East of Sombrilla and West of Valle Ave. - City of Atascadero initiated A. Public Hearing B. Resolution 13-88 Amendment to the land use designation of the City General Plan from High Density Single Family to Moderate Density Single Family - lots 1A-160 Block E. Atascadero Colony C. Ordinance 165 - Amendment to the City Zoning Maps from RSF-X (High Density Single Family) (20,000 sq. ft. with sewer) to RSF-Y (Moderate Density Single Family) ( 1 .0 Ac. with sewer) (FIRST REAMING) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Alden Shires, 7515 Sombrilla Ave. , spoke in favor of the proposed -6- zone change. Linda Shoff, 7585 Sombrilla Ave. , spoke in favor of the proposed zone change in the interest of maintaining the rural nature of the area. She also relayed the support expressed by several neighbors who were not able to attend the meeting . Mr . Engen read a letter received from an S. Lissenberry (address unknown) expressing opposition to any GP changes for the east side of Sombrilla. Motion: By Councilwoman Borgeson to concur with the Planning Commission ' s recommendation to approve GPA 1B-88 (Res. 13-88) and ZC 16-87, seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Handshy absent . Motion: By Councilman Bourbeau to read Ord . 165 by title only, seconded by Councilwoman Borgeson; passed by 4:0 roll-call . Mayor Norris read Ord . 165 by title. Motion: By Councilman Bourbeau that this constitutes the first reading of Ord . 165, seconded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy absent . 4. Transmittal of proposed Draft City/School District Joint Use of Facilities Joint Powers Agreement ( Information only) Mr . Best , Parks & Rec . Dir . , gave staff report . He noted this issue will be on the joint City/School special meeting agenda Thurs. , Feb . 4th , then brought 'back for action by the full Council He pointed out that a change was made in the indemnification clause of the agreement (which Council should' have received copy of) . Mr . Shelton, City Mgr . , noted that Councilmembers Bourbeau and Mackey are the City ' s representatives to the City/School Committee and have reviewed the document , which will serve to maximize public recreation resources, enhance and coordinate recreation planning , avoid program duplication and enhance the City and AUSD ' s ability to provide recreational facilities. There was no public comment . Motion: By Councilwoman Borgeson that Council accept this as an information item for review by the full Council , seconded by Councilman Bourbeau; passed by 4:0 roll-call , with Councilman Handshy absent . -7- 5. Status report on esthetics and health complaints regarding Safeway/Williams Brothers Shopping Center Mr . Engen, Commun. Devel . Dir . , gave staff report . Mayor Norris thanked staff for their follow-up on this issue. There was no action taken. C. UNFINISHED BUSINESS 1 . Council consideration regarding City Manager recruitment (Cont'd from 1/12/88) Mr . Shelton, City Mgr . , gave staff report . Lengthy discussion ensued between Council and staff regarding alternatives outlined in staff report . The recruitment cost and duration of time were of noted concern to Council . Public Comment Barbara Sims, 10835 Colorado Rd . , inquired as to the cost of the previous City Mgr . recruitment process. She expressed opposition to Council approval of $15,000 for this recruitment . Additional comments were expressed by members of Council regarding which alternative would be the most expedient and cost effective. Motion: By Councilman Bourbeau to adopt staff recommendation that ( 1 ) Council direct staff to solicit proposals from municipal executive search firms to conduct a City Mgr . recruitment, and (2) Council receive search firm proposals which include a complete range and cost of services, as soon as possible in attempt to present proposals to Council - at their next regular meeting (Feb . 9th ) , seconded by Councilwoman Mackey; passed by 3: 1 roll-call , with Mayor Norris dissenting and Councilman Handshy absent . 2. Council authorization regarding proposed Education Reimbursement Policy (Cont 'd from 1/12/88) Mr . Shelton, City Mgr . , gave staff report . Public Comment Terrill Graham expressed that a letter grade of "B" or better should be required and that reimbursement should not be prior to one year after completion of the course. -8- Sarah Gronstrand inquired as to what school (s) would be attended , noting the variance in costs depending on where courses are taught . Motion: By Councilwoman Borgeson that Council adopt an Education Reimbursement Policy as detailed on the sheet attached to staff ' s report , including amendment requiring a passing grade of "B" or better , and that the funds for implementing the policy be appropriated in the igee-84 F.Y. budget ; passed by 4:0 roll-call , with Councilman Handshy absent . 3. Council authorization to surplus 5545 Traffic Way property (Cont 'd from 1/12/88) A. Ordinance 162 - Amendment to zoning from Public to Industrial Park (Second and final reading) B. Authorization to solicit sealed bids Mr . Engen, Commun. Devel . Dir . , gave staff report . Public Comment Terrill Graham urged that Council give close consideration to this proposal , feeling it ' s more desirable to retain subject property for recreational use. Steve LaSalle, 7505 Marchant , seconded the comments of the previous speaker , noting the value of land is currently appreciating at a rate of approx . 11%. Ursula Luna, resident , agreed with the comments of the previous two speakers, supporting retention of public parklands. Sarah Gronstrand , resident , inquired as to the reason for selling this property and the amount of money the City expects from its sale; she spoke in favor of keeping the property if its sale is not urgent . Mr . Shelton, City Mgr . , made responding comments to the concerns expressed by the public . He reviewed the City ' s handling of subject property, which has been reviewed by both the Planning and Recreation Commissions for recommendation. He noted the intent of selling the property is to use the funds for other important City purposes. Mr . Engen noted that the property has been given careful review, including the preparation of a master plan by Ted Elder, a local landscape architect , who donated his time to closely review its value for park use. Discussion between Council and staff ensued . -9- Motion: By Councilman Bourbeau to read Ord . 162 by title only, seconded by Councilwoman Mackey; passed by 4:0 roll-call . Mayor Norris read Ord . 162 by title. Motion: By Councilwoman Mackey that this constitutes the 2nd reading and adoption of Ord . 162, seconded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy absent . Consensus of Council was to authorize staff to solicit bids for subject property. Mr . Shelton noted that appraisals on the property were previously authorized by Council and have been secured ; these will be used as a base for receiving bids. 4. Atascadero Lake Park Ranger House Needs Feasibility Study (Cont 'd from 11/24/87) Mr . Best , Parks & Rec . Dir . , gave staff report . Dan Wohl , Interim Dir . of County Mental Health , lobbied on behalf of mental health clients in support of allowing the County to continue in its current use of the facility, and he responded to questions from Council . Consensus of Council was to postpone discussion and direct Mr . Best to meet with Mr . Wohl to discuss sharing the facility with County Mental Health . D. NEW BUSINESS 1 . Award of Paloma Creek Park Concession Contract to Randy Rybeerg_ (Randy's Har-B-Glue) (from 11/24/87 Counci1 Meeting) Mr . Best , Parks & Rec . Dir . , gave staff report . He recommended that the liability insurance be increased from $300,000 to $500,000, which has been suggested to Mr . Ryberg . It is also recommended that the use permit be granted only after completion of a routine background check on the concessionaire. Discussion with Council ensued. There was no public comment . Motions By Councilman Bourbeau to continue the meeting past 11 :00 p .m. , seconded by Councilwoman Borgeson; passed 4:O. Motion: By Councilman Bourbeau to authorize the approval of the Use Permit attached to staff report for a period of one year and that the insurance requirement in Para. 20 (b ) be increased to $500,000; further , that execution of the Use Permit is subject to a background check . Motion -10- I I seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Handshy absent . 2. Status Report regarding County Hazardous Management Plan (Proposed Traffic Way Treatment Site - Verbal ) Mr . Sensibaugh, Pub . Works. Dir . , gave staff report . He noted that the County Waste Mgmt . Plan must be submitted to the State by March 31 , 1988, after which time public hearings involving all the cities in the County (and County hearings) will be held . He reported that an industrial site in the City may potentially be selected for location of a treatment plant or a holding facility. Mr . Sensibaugh further reviewed the approx . 6-month process of developing the plan, which must be finaled and submitted to the State by October . Mayor Norris urged public attendance at meetings of the County Hazardous Waste Commission, the next scheduled for 2/4/88 at 10:00 a.m. at the Agricultural Commission on Bishop Way in SLO. There was no action taken. Motion: By Councilman Bourbeau to recess as Council and convene as the ACSD Board of Directors; passed unanimously. E ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Proposed Sewer Extension Reimbursement Agmt. with Mr. L Mrs. Alan Gallatin (affecting lots 230, 229 and 214, Block NC (Curyado Cr. ) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment Motion: By Director Borgeson to approve the proposed Sewer Extension Reimbursement Agmt . between the Sanitation District and Mr . & Mrs. Alan Gallatin, seconded by Director Bourbeau; passed by 4:0 roll- call , with Director Handshy absent . Motion: By Director Bourbeau to adjourn as ACSD Board and reconvene as City Council , seconded by Director Borgeson; passed unanimously. F. INDIVIDUAL DETERMINATION There were no comments. -11- MEETING ADJOURNED AT 11 :20 P.M. TO A SPECIAL OPEN JOINT CITY COUNCIL/ATASCADERO SCHOOL BOARD MEETING ON FEBRUARY 4, 1988 AT 6:30 P.M. AT ATASCADERO HIGH SCHOOL LIBRARY. MINUTES RECORDED BY: BOYD C. SHAR I TZL, qt-4y—Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk -12-