HomeMy WebLinkAboutMinutes 022388(MINUTES APPROVED, AS WRITTEN,
BY COUNCIL, 3/8/88)
ATASCADERO CITY COUNCIL
MINUTES
FEBRUARY 23, 1988
The regular meeting of the Atascadero City Council was
called to order at 7:35 p.m., followed by the Pledge of
Allegiance.
ROLL CALL•
Present: Councilmembers Borgeson, Bourbeau, Handshy, Mackey and
Mayor Norris
Absent: None
Staff Present: Mike Shelton, City Mgr.; Henry Engen, Commun.
Dev. Dir.; Paul Sensibaugh, Pub. Wks. Dir.; Bud
McHale, Police Chief; Mike Hicks, Fire Chief; Bob
Best, Parks & Rec. Director; Bill Wittmeyer, Sr.
Bldg. Insp.; Jeff Jorgensen, City Atty.; Boyd
Sharitz, City Clerk; Cindy Wilkins, Dep. City
Clerk
COUNCIL COMMENTS
Councilwoman Mackey announced a catered dinner to be given by the
Historical Society to celebrate E.G. Lewis's birthday and
Atascadero's 75 years on March 5th at the Community Church
(reservations needed by Feb. 29th - Contact: Mrs. Mackey).
Councilwoman Mackey thanked everyone who contributed time and
money for the tree planting project south of town.
Councilman Bourbeau expressed his sadness that David Jorgensen,
Admin. Svcs. Dir., is leaving the City's employ this Friday --
his services will be sorely missed.
COMMITTEE REPORTS
City/School Committee - Councilwoman Mackey reported that the
concept of a Lewis Ave. bridge alignment across Atas. Creek was
approved last night at a special joint meeting of the AUSD Board
and City Council, with only one vote of opposition between the
two bodies.
North Coastal Transit - Nothing to report
SLO Area Coordinating Council - Nothing to report
Traffic Committee - This month's meeting cancelled, to meet in
March.
Solid Waste Mgmt. Committee - Mayor Norris urged public
attendance at meeting March 3rd, 10 a.m. at the Agricultural
Center in San Luis Obispo, as area cities will be affected by
this discussion.
Economic Opportunity Commission - Mayor Norris reported that the
Salvation Army has been working with EOC for some time in efforts
to locate a facility (6,000 10,000 sq. ft.) for the homeless
This effort has met with resistance from residential areas, and
public suggestions and input regarding possible available rental
facilities are requested. Contact: Mayor Norris.
Police Facility Committee - APD Chief McHale reported that a
draft agreement has been prepared by the City Atty. and forwarded
to the agent for the owners of Beno's for review and revisions.
It is hoped that a status report will be available by the 3/8
Council meeting.
Atas. Lake Acquisition Committee - Nothing to report
Tree Committee - Councilwoman Mackey reported that the Tree
Ordinance has been before the Planning Commission for final
revisions and will be on their consent agenda March lst.
Bicentennial Committee — Nothing to report
Pavilion Committee - Nothing to report
COMMUNITY FORUM
Larry Sherwin, Pres. Atas. Little League, urged that mounds be
placed on the new ballfields at Paloma Creek Park in keeping with
Natl. Little League rules, noting if this is not done, the 800
children participating in Atas. Little League will be excluded
from using these fields. He also requested help in developing
the Traffic Way fields in the same manner. Mayor Norris request-
ed a staff report from Mr. Best, Parks & Rec. Dir., at the next
regular meeting.
Jim Gibbons, Atas. Babe Ruth League, addressed the charges for
the league's use of the lights at Alvord Field ($7 per hour vs.
actual cost of $3.50 per hour to the City). He asks why the City
is drawing a profit, noting the league's improvement and -main-
tenance of the fields. Mayor Norris requested a staff report of
Mr. Best, Parks & Rec. Dir., at the next regular meeting.
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Terril Graham, resident, commended the Council for being public
servants and praised the public's attendance at tonight's
meeting, noting that, while views may differ, it is a credit to
our system of government.
A. CONSENT CALENDAR
1. Approval of February 4, 1988 Special Council Minutes
2. Approval of February 9, 1988 Council Minutes
3. Apporoval of Treasurer's Report - January, 1988
4. Approval of Finance Dept. Report - January, 1988
5. Approval of Tentative LLA 19-87 - 2405 Santa Ana Rd.
(Davis/Volbrecht Surveys)
6. -Approval of TTM 42-87/Precise Plan 49-87 - 6875 Tecorida
(Woodglen Developmt., Ltd.)
7. Approval of TTM 45-87 - 8300 ECR (Sanders Const./Cuesta
Eng.)
8. Approval of TPM 31-87 - 7800 Santa Cruz Rd. (Davis/Cuesta
Eng.)
9. Approval of TPM 43-87 - 8500 E1 Dorado Rd. (Lindsey/Eng.
Devel. Assoc.)
10. Approval of Road Name 01-88 (Ballina Court) — 5200 Llano Rd.
(Drake/Cuesta Eng.)
11. Acceptance of Final Parcel Map 14-85 - 9850 Las Lomas Ave.
(Bebeau/Janolis/Cuesta Eng.)
12. Acceptance of Final Parcel Map 5-87 - 8925 Atas. Ave.
(Fisher)
13. Acceptance of Final Parcel Map 24-87 - 9122 Atas. Ave.
(O'Bannon/Cuesta Eng.)
-14. Acceptance of Final Parcel Map 22-85 - 6905 ECR (E1 Camino
Assoc./Cuesta Eng.)
15. Acceptance of Final Parcel Map 7-87 - 5020 Palma
(Ebhardt/Volbrecht Surveys)
16. Acceptance of Final Parcel Map 29-87 - 10655 Realito Ave.
(Kinz/Twin Cities Eng.)
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Dennis Lochridge, resident, requested Item A-12 be pulled for
discussion, Councilwoman Borgeson pulled Items A-2 and A-6, and
Councilwoman Mackey pulled Item A-7 for discussion.
Motion: By Councilman Bourbeau for approval of Consent
Calendar Items A-1, 3, 4, 5, 8-11 and 13-16,
seconded by Councilwoman Mackey; passed unani-
mously by roll -call.
Re: Item A-2' Councilwoman Borgeson noted correction to p.9 of
the 2/9/88 Minutes, Item C-4, recalling that Councilman Handshy
had left the meeting and the vote should be corrected to read
"4:0".
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Motion: By Councilman Bourbeau to adopt Item A-2 as amend-
ed, seconded by Councilwoman Borgeson; passed by
4:0 roll -call, with Councilman Handshy abstaining.
Res Item A-6° Mr. Engen gave a brief staff report and responded
to questions from Council. Councilwoman Borgeson expressed
concern regarding density and development standards applied to
this project.
Public Comment
Joe Elkins~ Architect (did original design work on this project),
noted that the new development standards did not apply when the
development was originally designed. He also noted that this was
voluntarily down -zoned and would have, originally, allowed for a
higher density. He reviewed particular design features for Coun-
cil's information, saying this is a good project for a "problem"
area.
Council discussion ensued regarding development standards.
Motion: By Councilman Bourbeau to approve TTM 42-87 and
Precise Plan 49-87 as per Planning Commis- sion's
recommendation, seconded by Councilman Handshy;
passed by 3:2 roll -call, with Councilmembers
Borgeson and Mackey opposed. _
Re: Item A_70 Mr. Engen gave a brief staff report. ,Councilwoman
Mackey expressed concern regarding unnecessary removal of native
oaks. Mr. Engen noted the project was redesigned twice with re-
spect to tree preservation. There was no public comment.
Motions By Councilman Bourbeau to approve TTM 45-87,
seconded by Councilman Handshy; passed by 3:2
' roll-call,with Councilmembers Borgeson and Mackey
opposed.
Re: Item A-12, Mr. Engen gave brief staff report.
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Public Comment
Dennis Lochridge, 8935 Atascadero Ave., reiterated concerns ex-
pressed at prior hearings on this item that the conditions on
the project were not being met.
Robert Fisher, applicant, noted that the road was built in con-
formance with the approved plan and that he intends to pave it,
although it is not a required condition.
Motion: By Councilman Bourbeau that Council approve Final
Parcel Map 5-87, subject to completion of the
remaining two items and with direction to staff
that if all conditions are not met the map will
not be signed off (by the Commun. Devel. Dir. and
the Pub. Works Dir.), seconded By Councilwoman
Mackey; passed by 4:1 roll -call, with Councilwoman
Borgeson opposed.
The applicant indicated, at the City Attorney's request, that he
understands that final signatures on the map are contingent on
completion of the two remaining issues.
B. HEARINGS//REPORTS
1. Appeal of Plan. Comm. approval of C.U.P. 1-88 - Establish-
ment of wu mmbiXehome dealership for one year on the corner
of San Anselmo and the west side of U.S. Hwy. 101 (Beehive
Mobilehomes) - Goff (APPEAL WITHDRAWN)
Mayor Norris announced that this appeal has been withdrawn.
Council requested prompt notification from staff on future
appeal withdrawals.
Motions By Councilman Bourbeau that Council recess and convene
as the ACSD Board of Directors, seconded by Council-
woman Borgeson; passed unanimously.
C. ATASCADERO COUNTY SANITATION DISTRICT
X. Proposed sewer annexation into Imp. Dist. #1 - MacCorklns
(Cont^d from e/g/se)
A. - Extension of public sewer service to
Lot 25, Block YB (Larga'Ave.) and incorporation of the
location into the boundaries of Imp. Dist. #1
B. Relief request by adjacent property owners
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Mr. Sensibaugh, Pub. Wks. Dir., gave staff report.
Public Comment
Mr. MacCorkle, applicant, noted he plans to go ahead with the
sewer line and that he is aware that Council waived the two-year
hook-up requirement for the other residents.
Staff clarified to Mr. MacCorkle that if the Board does grant
waivers it will likely preclude him from reimbursement for the
cost of the extension. Mr. Jorgensen, City Atty., noted that the
ACSD Code limits reimbursement agreements to 15 years. Mr.
MacCorkle expressed that perhaps a two-year reimbursement period
is unreasonable and, in granting waivers, 5-7 years might be a
more reasonable time period; he favors looking forward to even-
tual reimbursement as opposed to none.
Mary Scrivner, adjacent property owner, appreciates Mr. MacCor-
kle's building plans, expressing opposition, however, to six
other families being required to pay for construction of the
sewer.
Mr. Sensibaugh emphasized that the two-year period (as a carry-
over from the County and EPA regulations) is in place for the
purpose of providing sewers to an area in need of it, not with
respect to anyone's reimbursement or recovery.
Lengthy discussion ensued regarding the issue of waivers and
conditions thereof.
Motions By Director Bourbeau to approve Res. 21-88,
seconded by Director Mackey; passed unanimously by
roll -call.
Mr. Sensibaugh clarified that the applicant's obligation
under the annexation is the extension of the sewer line
within a one-year period; Mr. MacCorkle confirmed his
understanding.
Motion: By Director Bourbeau to adopt staff recommendation
to grant requested waivers (Lots 39, 40, 41, 42,
*26 m -L,+-& 25) until such time as the on-site systems
fail, but that the properties be required at the
end of mandatory two years to show proof to the
City that their septic systems have not failed by
using normal testing procedures which routinely
accompany the sale _of a home, and that if such
proof is not provided mandatory connection will be
required. Motion seconded by Director Mackey;
passed by 4:1 roll -call, with Director Handshy
opposed.
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* correction per P. Sensibaugh, 5/9/88•
COUNCIL RECESSED FOR A BREAK AT 9:35 P.M. MEETING CALLED BACK TO
ORDER AT 9:50 P.M.
2. Proposed sewer annexation into Imp" Dist. #1 - Dewing
A. Public Hearing
B. - Extension of public sewer service to
Lot 30* Block IB (\/io%ettau Ave.) and incorporation of
the lot into the boundaries of Imp. Dist. #1
Mr. Sensibaugh, Pub. Wks. Dir., gave staff report; he read a
letter protesting mandatory connection to the sewer received from
the owner of Lot 44 (adjacent to the proposed sewer line exten-
sion).
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Public Comment
Al Ferris, Lot 44 owner, expressed his main objection to manda-
tory hook-up is due to earlier denied request to do so. He noted
that Violetta is not a City -maintained street.
Jim Dewing, applicant, noted he intends to take responsibility
for cost of the sewer extension but feels persons hooking up to
it should contribute and that no one should be forced to hook up.
Motion: By Director Borgeson to adopt Res. 24-88, seconded
by Director Mackey; passed unanimously by roll -
call.
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The Board discussed consideration of relief to adjacent property
owners. Mr. Sensibaugh noted an ACSD Code change (eff. July 'B6)
which no longer disallowed persons from hooking up if the ACSD
boundary line went down the center of the street (relative to Mr.
Ferris's comments, above).
Motion: By Director Borgeson that the Board grant the re-
quested waiver (Lot 44) until such time as the
on-site system fails, but that the property be
required at the end of the mandatory two years to
show proof to the City that his septic system has
not failed by using normal testing procedures
which routinely accompanies the sale of a home,
and if proof is not shown that mandatory connec-
tion to the City sewer system shall be required.
Motion seconded by Director Bourbeau; passed by
4:1 roll -call, with Director Handshy opposed. `
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3. Award of Proposal for Sewer Master Plan to CH2M Hill for
$249900
Mr. Sensibaugh, Pub. Wks. Dir., gave staff report and responded
to questions to Council. There was no public comment.
Motion= By Director Mackey that the Board award the Sewer
MasterPlan to CH2M Hill in an amount not to
exceed $24,900 and direct staff to bring back a
contract at the next regular meeting, seconded by
Director Bourbeau; passed unanimously by roll -
call.
Motions By Director Borgeson that the Board adjourn and
reconvene as the City Council, seconded by Direc-
tor Bourbeau; passed unanimously.
D. UNFINISHED BUSINESS
1. Comprehensive rewrite of City Building Codes
A. Ordinance 166 - Amendment of Building Regulations to
the Atas. Muni. Code and adoption, by reference, the
Uniform Administrative Code, 1985 Edition (SECOND AND
FINAL READING) (Cont'd from 2/9/88)
Mr. Engen, Commun. Devel. Dir., gave staff report. There was no
public comment.
Motions By Councilman Bourbeau to read Ord. 166 by title
only, seconded by Councilwoman Borgeson; passed
unanimously. Mayor Norris read Ord. 166 by title.
Motions By Councilman Handshy to adopt Ord. 166, seconded
by Councilwoman Mackey; passed unanimously by
roll -call
Motions By Councilwoman Borgeson to direct the Commun.
Devel. Dir. to publish a summary of the amendment
pursuant to Govt. Code Sec. 36933, seconded by
Councilman Bourbeau; passed unanimously.
2. Proposed City/School District Joint Use of Facilities Joint
Powers Aareement (Cont'd from 1/26/88 Council Agenda)
Mr. Best, Parks & Rec. Dir., gave staff report and responded to
questions from Council.
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Public Comment
Sarah Gronstrand, noted the proposed Agreement, Pg. 1, should
refer to Chap. 10 (not Chap. 6). She hopes the City does not
become involved in adult education due to inexpertise in this
area. She is opposed to structured lunch periods referenced in
the agreement.
Larry Sherwin, Atas. Little League, expressed great concern that
nowhere in the JPA are non-profit youth organizations mentioned,
noting that they represent approx. 4,000 children; they had a
representative on the JPA who was asked to leave and the indi-
vidual to have replaced him has moved out of the State.
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Jim Gibbons, Atas. Babe Ruth, expressed comments similar to the
previous speaker; also feels costs should be specifically ad-
dressed.
Karen Sorensen, NCYC Boardmember, expressed comments similar to
the previous two speakers; also referenced Item #'s 6-7° Pg. 6 of
the agreement, wondering who will repair damaged equipment. She
urged Council to assure an agreement that serves the interests of
Atascadero children.
John Harris, Vice-Chmn. Parks & Rec. Commission, expressed sup-
port for the proposed JPA.
Vic Smart, V.P. Atas. Little League Minor League Divn., proposed
an amendment to the wording in the agreement to include youth
organizations as part of the commissions to decide the usage of
the fields; he feels this would eliminate the ongoing "conflict
of interest" between all concerned.
La Dona Nolan, Parks & Rec. Commissioner, spoke in support of the
JPA, noting that youth were the committee's #1 priority in dev-
eloping the proposed agreement. She also noted that Little
League representatives were invited to participate in the
committee meetings.
Kathy Trost, concerned parent, expressed the need for a super-
vised recreation hall. '
Lengthy Council discussion ensued relating to public concerns
expressed.`
Motions By Councilman Bourbeau to continue the meeting
past 11:00 p.m., seconded bCouncilwoman Mackey;
passed 4:1, with Councilman Handshy opposed. �
Motion: By Councilman Bourbeau to approve the JPA with the
AUSD as presented, with direction to staff to
report on the progress and function of the JPA at
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one year, seconded by Councilwoman Mackey; passed
by 4:1 roll -call, with Mayor Norris opposed.
COUNCILMAN HANDSHY LEFT THE MEETING AT THIS TIME.
3. Authorization to begin recruitment process for an Admini-
strative Services Director Rosition (Cont'd from 2/9/88)
Mr. Shelton, City Mgr., gave staff report and discussion with
Council followed. There was no public comment.
Council consensus was to wait for the new City Manager's input
on recruitment for this position. (Note: Handshy absent)
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E. NEW BUSINESS
1. Increasing the speed limit on ECR in the
southbound lanes, between Sam Jacinto and Rosario Avenues
Mr. Sensibaugh, Pub. Wks. Dir., gave staff report. There was no
publiccomment.
Motions By Councilman Bourbeau to adopt Res. 16-88,
seconded by Councilwoman Borgeson; passed by 4:0
roll -call, with Councilman Handshy absent.
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2. - Proposed acceptance of Corrientse Rd. into
the City of Atascadmnrm ^s maintained street system - Davis
Mr. Sensibaugh, Pub. Wks. Dir., gave staff report. There was no
public comment.
Motions By Councilman Bourbeau to adopt Res. 22-88, sec-
ondedby Councilwoman Borgeson; passed by 4:0
roll -call, with Councilman Handshy absent.
3.Designation 1F a stopintersection on
Atascadero Ave. at Santa Ynez Ave. (Cont'd from 2/9/aS
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Mr. Sensibaugh, Pub. Wks. Dir., gave staff report and responded
to questions from Council. There was no public comment.
Motions, By Councilwoman Mackey to approve Res. 19-e8, with
direction to staff to refer consideration of a 4 -
way stop at same intersection to the Traffic
Committee, seconded by Councilwoman Borgeson;
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passed by 4:0 roll -call, with Councilman Handshy
absent.
4. Proposed Zoning Text amendment to require conditional use
permit hearings for certain large-scale projects
Mr. Engen, Commun. Dev. Dir., gave staff report.
Public Comment
Jim Herman, resident, expressed that 20-25 units on residential
property is in excess, and he supports 12 units; feels 10,000 sq.
ft. on commercial buildings is acceptable.
Motion: By Councilwoman Borgeson to direct staff to
initiate a zoning amendment that would serve to
modify the Zoning Ord. provisions for precise plan
and conditional use permit approvals to require
conditional use permits for the following scale
projects: Multi -family residential, 12 units;
Commercial/Industrial, 10,000 sq. ft. gross floor
area or outdoor storage area. Motion seconded by
Councilwoman Mackey; passed by 4:0 roll -call, with
Councilman Handshy absent.
5. Request by Vineyard Christian Fellowship for City Council to
initiate a zoning text amendment to permit churches in the
Commercial Park Zone
Mr. Engen, Commun. Dev. Dir., gave staff report and responded to
questions from Council.
Public Comment
Chris Zillig, representing Vineyard Christian Fellowship, spoke
in support of this proposal.
Robert Nimmo, 7375 Bella Vista, noted that the E.R.A. preliminary
study suggested possible conversion of excess commercial land to
high density housing, to which he objects. Also, noting that
there is often objection to churches locating to residential
areas, he expressed support for this proposal.
Al Ferris, resident, expressed that he has observed this type of
use in other areas as beneficial.
Motions By Councilwoman Borgeson to initiate a zoning text
amendment to enable establishment of churches as
an interim use in CS and CPK zoning districts and
direct staff to prepare a report for public hear -
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ing before the Plan. Commission and bring their
recommendation back to the City Council. Motion
seconded by Councilman Bourbeau; passed 4:0, with
Councilman Handshy absent.
6" Council consideration regarding location of Regional Govern-
ment
Mr. Shelton, City Mgr., gave staff report.
Public Comment
Robert Nimmo, as Chmn. of the Chamber of Commerce Economic Devel-
opment Committee, spoke in support of this proposal and feels
Atascaderp has a number of locations that would meet the County's
criteria for such a center, in addition to our size, geographic
location and equity. He noted his suggestion one year ago to
Bupvr. Diefenderfer to decentralize some of the County offices
after his having expressed frustration over the high rent and
potential construction cost for additional office space in S.L.O.
Sharon Morin~ resident, read a letter she submitted to the editor
in response to this issue; she strongly supports this proposal,
urging all citizens of Atascadero to unite in an all-inclusive
coalition (regardless of stances on growth issues) to lobby
Council and the County Board of Supvrs. to get this center in
Atascadero.
Council consensus was to concur with staff recommendation to
direct a letter be written in behalf of the Council to the County
Board of Supvrs. requesting strong consideration be given to
locating the County Govt. Center in Atas., and that the City
desires to be kept fully informed and to have the opportunity to
express our interests during the process of site selection.
F. INDIVIDUAL DETERMINATION
City Council _ Councilwoman Mackey relayed, regarding the cor-
rection on Item A_2, Minutes of 2/9/88, that Mr. Handshy
expressed that he was present for the vote. '
Mayor Norris congratulated Dan Stevens of the Telegram -Tribune
on the recent birth of a daughter.
MEETING ADJOURNED AT 12:20
WHICH COMMENCES AT 6:30 P.M.
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MINUTES RECOR
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BOYD C. SHARITZ, 5fty Clerk
A.M. TO THE NEXT REGULAR MEETING,
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PREPARED BY:
CINDyWILKINS, Dep. Clerk