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HomeMy WebLinkAboutMinutes 041288����. �� (� " !POMEW! MINUTES APPROVED By COUNCIL AS WRITTEN, 4/26/88) ATASCADERO CITY COUNCIL MINUTES APRIL 12, 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.; John Bramble, Int. Adm. Svcs. Dir~; Henry Engen, Commun. Dev. Dir.; Paul Sensibaugh, pub. Wks. Dir.; Jeff Jorgensen, City Atty.; Bud McHale, Police Chief; Boyd Sharitz, City Clerk; Cindy Wilkins, Dep. City Clerk COUNCIL COMMENTS Mayor Norris commented on unmet transit needs and presented (9) sheets of petitions from Atascadero senior citizens requesting increased (evening & weekend) D.A.R. services. Mr. Sensibaugh, Pub. Wks. Dir., commented on the Council of Governments cycle for discussion of unmet transit needs; he will attempt to gather additional information on the subject. Council concurred to schedule and publicize a special daytime meeting (so seniors may attend) for discussion of this subject. Councilwoman Mackey announced "Clean Up Day", April 30, 1988' Interested citizens are to meet at the Chamber of Commerce at 9:00 a.m. if they're able to help, donate plants or donate money for plants. She also asked that citizens take notice of the large oaks which have been planted on the San Diego offramp by Gordon Davis. Councilwoman Borgeson requested Council consensus to request staff to address a condominium conversion ordinance (re: Item A- 2). Council concurred to discuss this� at the next regular meeting. Presentations of the following: - '87 DonationsPlaque to City from United Way - Proclamation: April 1988, "Barber Shop Harmony Month" - Plaque of Appreciation to outgoing Planning Commission- er Mildred Copelan (August '86 - March 'B8) - Plaque of Appreciation to Lt. Chuck Hazelton, APD, on his departure from City employment (May 80 - April '8B) - proclamation: April 4/17-4/23, "National Library Week" COMMITTEE REPORTS City/School Committee - Councilwoman Mackey reported that, grow- ingout of concerns of the City/School Committee and the Lewis Ave. Bridge subject, several community organizations,were rep- resented on a recent walking tour to consider the best location for a possible Lewis Ave. footbridge. Solid Waste Mommt. Committee - Mayor Norris encouraged the public to review the County Draft Hazardous and Solid Waste Mgmt. Report in the public library. COMMUNITY FORUM Barbara Reiter, 10150 Ban Marcos, requested Council consider changing the rotation of the terms of Planning Commissioners to allow for the continuity of at least five members. Alden Shiers, 7515 Sombrilla, regarding upcoming Planning Com- mission appointment, encouraged Council to select a person who has the best interests of the community in mind, noting several proposed large-scale projects in Atas. ` Paul Hyman, resident, requested Council consideration of his ap- plication to the Planning Commission vacancy, although submitting it late. Mr. Jorgensen, City Atty., noted Council has discretion to either consider the application or enforce the deadline. Glen Lewis, 10765 Vista, on behalf of his neighboring residents, requested Council consider financial support or assistance for maintenance of roads in the 3-F Meadows area in view of an up- coming project there. Mr. Engen, Commun. Devel. Dir., was requested to report further at a later date. Jerry Linthicum, 10755 Vista, seconded the comments of the pre- vious speaker, expressing that it seems unfair the City would expect the residents to maintain roads that it is approving projects behind. ' Rita Thomas, 10625Vista, expressed comments similar to the pre- vious two speakers, noting access concerns due to fire hazards as well as concerns regarding road maintenance costs. Terril Graham, 6205 Conejo, asked that Council consider possibly restraining Planning Commissioner Hatchell from voting on land matters relative to the proliferation of residences, or possibly 2 replacing him, expressing concern regarding possible conflicts of interest. George Luna, 10600 San Marcos, expressed comments similar to those above regarding 3-F Meadows road maintenance. Melanie Billig, former Mayor of S.L.O., commented on the diffi- culties of planned growth due to the uncertainties of develop- ment in the unincorporated areas of the County; she urged that the City encourage the County to adopt a growth management program. Mr. Sensibaugh responded to road maintenance concerns expressed by residents in the 3-F Meadows area, and he urged that property owners unite and staff will meet with them for discussion of possible maintenance district(s), or other possible solutions. He indicated that, normally, a petition of 60% of the property owners is required to legitimize such a request and begin nec- essary proceedings. Hirschel Kapp, 10455 San Marcos, indicated he's in the process of preparing a petition of interest for a street maintenance district in 3-F Meadows, and he asked that no additional City - maintained streets be used for ingress and egress through San Marcos in the interim. Terril Graham asked what the City's road maintenance parameters are; Mr. Sensibaugh summarized the City's road maintenance policies and general schedule. A. CONSENT CALENDAR 1. Approval of the March 220 1988 Regular Council Minutes 2. Approval of TTM 1-88 - Conversion of two existing multi- family complexes into 13 air space condominiums and one common lot - Montanaro/North Coast Engineers 3. Approval of TPM 2-ee - 10705 Santa Ana Rd. (Lot 10, Blk. 27) - Proposal to subdivide 8.28 ac. into two parcels of 4.14 ac. each - Dohan/Twin Cities Engineering 4. Authorization to solicit bids - Atas. Lake Improvement Proj. 5. Res. 31-88 - Designating a stop sign intersection on Flores Ave. at Los Gatos Ave. 6. Approval of Res. 30-88 - Reduction of speed on a portion of San Gabriel Rd. within the boundaries of San Gabriel School property 3 7. B. 9. Denial of claim by Evani Lupinek - Personal injury in the amount of $1 million Res. 32-88 - Authorization to file claims for Local Transp. and State Transit Assistance Funds for FY 1988/89 City surplus vehicles: A. Accept two high bids received for D.A.R. vehicles: 1979 Dodge van - $1,500 - Paul Torba 1981 Chev. van - $19300 - Paul Torba B. Reject two high bids received for two automobiles (1981 Chev. Impala - $367.50 & 1980 Ford LTD #200) and authorize staff to present the two autos plus two others that dad not receive bids (1985 Ford LTD - wrecked - & 1980 Ford LTD) to an auction outlet 10. Accept bid received on 1961 Van Pelt fire truck - $6,165 - Thomas Gouff 11. Conceptual approval to locate the County Air Pollution Monitoring Station at Fire Stn. #1 12. Proclamation - Acknowledging April 1988 as "CA Earthquake Preparedness Month" 13. Proclamation - Acknowledging April 1988 as "Child Abuse Protection Month" 14. Proclamation - Acknowledging April 18-22, 19BB,as "Register and Vote Week" 15. Proclamation Acknowledging April as "Prevent a Litter Month" Elaine Oglesby requested explanation of the intent of Item #5; Councilwoman Mackey explained that an additional stop sign is being installed. Roy Strong asked that Council approve Item 9-B and not reject bids received; Councilwoman Mackey pulled Item 9=B for discus- sion. Motion: By Councilwoman Borgeson to adopt the Consent Calendar, excluding Item 9, seconded by'Council- man Bourbeau; passed unanimously by roll call. Re: Item 9: Councilwoman Mackey expressed that Council should adopt a policy addressing bids on surplus items received from City employees, and she requested public input; discussion ensued. Council concurred to bring this issue back for future discussion. 4 Motion: By Councilwoman Mackey to accept the two high bids on Item 9-A, seconded by Councilman Bourbeau; passed unanimously by roll call. Additional Council discussion regarding Item 9-B followed. Motion: By Councilman Bourbeau to adopt staff recommenda- tion to reject the two high bids on Item 9-8 and direct staff to readvertise for bids (on all four vehicles) after a policy regarding City employees is in place, seconded by Councilman Handshy; passed unanimously by roll call. COUNCIL RECESSED FORA BREAK AT 9:05 P.M. AND MEETING WAS CALLED BACK TO ORDER AT 9:15 P.M. B. PUBLIC HEARINGS 1. Appeal of business license rejection - Sherry Fair - 9745 Atgscaderg Ave. Mr. Engen, Commun. Devel. Dir., gave staff report recommending denial of this appeal. Public Comment Sherry Fair, appellant, spoke in support of this appeal. Council discussion ensued. Mr. Jorgensen, City Atty., clarified the concerns of the Community Devel. Dept. relate to the poten- tial for a fully commercial operation in a residential area, and he reviewed the alternatives before Council. Noting that he concurs with Mr. Engen's interpretation that the intent of the language in Para. (e)(1) was not to include beauty salons, he added that the ultimate interpreter of the Zoning Ord. is Coun- cil. Doug Lewis, resident, feels the City needs to clearly address "cottage industries" on a larger scale at the ordinance level. Robert Nimmo, 7375 Bella Vista, urged that Council proceed cau- tiously with the precedent which might be set with this decision, expressing concern for possible encouragement of business people to leave the downtown area and open up in residential areas; this would be against the objectives of Atascadero 2000 and various other groups. Elaine Oglesby, resident, expressed that, although she doesn't personally know Mrs~ Fair, she sympathizes with her cause and spoke in support of her effort as long as it isn't disturbing to the residential area. 5 Bernice Haysbrook, 7655 Balboa, expressed support of staff's recommendation for denial and in support of current ordinance language. Sarah Gronstrand, resident, feels denial should not be based on downtown business people's objection, Motion: By Councilwoman Mackey to grant this appeal and refer this matter to staff to work with Mrs. Fair to enable her to obtain her business license, seconded by Councilwoman Borgeson; passed unani- mously by roll call. Mr. Jorgensen clarified that the intent of the motion is to find limited beauty salon services (one person operators) as being "office -type personal services", which would qualify for a home -occupation permit. 2. Appeal of Lewis Ave. Bridge Fee interest requirement - Dr. Anderson Mr. Sensibaugh, Pub. Wks. Dir., gave staff report. Mr. Jorgen- sen, City Atty., noted that, in addition to the City's ordinance, the Govt. Code provisions concerning development fees make no requirement for the reimbursement of interest earned on such fees; the fees must be placed into a fund, the interest account- ed for and spent on the project for which the fee was raised. Public Comment ` John Anderson, appellant, spoke in support of this appeal. Council discussion ensued. Motion: By Councilman Handshy to accept staff recommenda- tion to make no change in the existing development ordinance with respect to collection of money and to make no 'reimbursement, denying this appeal, seconded by Councilman Bourbeau; passed by 4:1 roll call, with Mayor Norris opposed. 3. Status report on Building Permit #1250 - 7150 Serena - Irene BishoD Mr. Engen, Commun. Devel. Dir., gave staff report followed by Council discussion. 6 Public Comment Irene Bishop, applicant, spoke in support of her request to proceed with building under Permit #1250, and she responded to questions from Council relative to her correspondence with the Commun. Devel. Dept. on this matter. Chris Iverson, spoke as a witness in support of Ms. Bishop's request, urging Council's consideration. Mr. Jorgensen, City Atty., noted he would be prepared to defend the City's position either way the Council determined on this issue, adding that this is a unique situation and that he doesn't feel it's precedent -setting. Motion: By Councilman Bourbeau that it is Council's deter- mination that Bldg. Permit #1250 is still valid, seconded by Councilwoman Borgeson; passed unani- mously by roll call. 4. Zone Change 2-88 - Proposing that large scale non-residen- tial and multiple -family projects be reviewed through the Conditional Use Permit process, - Initiated by the City of Atascadero A. Public Hearing B. Ord. 170 - Amendment to the Zoning Ordinance regarding the level of review required for certain large scale Projects (FIRST READING) Mr. Engen, Commun. Devel. Dir., gave staff report. There was no public comment. Motion: By Councilman Bourbeau to read Ord. 170 by title only, seconded by Councilwoman Mackey; passed unanimously. Mayor Norris read Ord. 170 by title. Motion: By Councilwoman Mackey that this constitutes the first reading of Ord. 170, seconded by Council- woman Borgeson; passed unanimously by roll call. C. UNFINISHED BUSINESS 1. Proposed City Tree Ordinance A. Ord. 16B - Amendment of the City Zoning Ordinance Text relative to tree protection - initiated by the City of Atascadero - (SECOND AND FINAL READING) (Cont'd from 11/10/87 & 3/22/8e) 7 � B. - Approval of a Dist of certified arborists authorized to prepare tree protection plans in Atasca- dero, per Ord. 168 Mr. Engen, Commun. Devel. Dir., gave staff report, recommending a two-week continuance to allow review of a proposed amendment to the language in Subsection (b) to Exh. A to delete the ISA - certified arborist requirement at this time, due to the few number of individuals who would qualify. Public Comment . Mark Tonneson, resident and a certified arborist, spoke in support of requiring approval of plans by a certified arborist. Steve LaSalle, Tree Committee Member, spoke in opposition to further delays in approving this ordinance, feels it should be adopted as it is currently written and, perhaps, amended after a six-month period if a problem exists. Robert Nimmo, resident, expressed that the public should note that (assuming the 3 arborists employed by the City of S.L.O. are occupied by the duties there) there are two certified arborists in S.L.O. County: 1 in Arroyo Grande and 1 in Paso Robles. Jim Dulitz, 1300 Garcia, requested that the Tree Management section be completed and added to the ordinance. Fred Frank, a tree farmer and professional forester, seconded the comments of the previous speaker. Doug Lewis expressed several various concerns relative to unspecific areas of the proposed ordinance; he asked for clari- fication of the fee structure. Mr. Engen and Mr' Jorgensen responded to his questions related to tree removal fees and penalties for illegal tree removals, referencing Chap. 3 of the Muni. Code which addresses misdemeanors. Discussion by Council and staff ensued. Bill Whitecamp, Arroyo Grande resident and a farm advisor in the County, spoke in support of the inclusion of a tree management plan in the ordinance for parcels of 3 or more acres. Bill Teachie, S.L.O. resident employed by U of C Extension in a program called The Integrated Hardwood Range Management Program (which is an education and research program aimed at protecting, managing and enhancing the oak resource), spoke in support of a tree management plan, feeling this would provide a good precedent for other rural woodland areas. N Lengthy Council d1ocnaa1uo eoaoed. Motion: By Councilman Bourbeau to continue the meeting past 11:00 p.m., seconded by Councilwoman Borge- son; passed 4:1, with Councilman Handshy opposed. Motion: By Councilwoman Borgeson to read Ord. 168 by title only, excluding proposed text amendment as noted by Mr. Engen, seconded by Councilwoman Mackey; passed unanimously. Mayor Norris read Ord. 168 by title. Motions By Councilwoman Mackey that this constitutes the second reading and adoption of Ord. 16B, seconded by Councilwoman Borgeson; passed by 4:1 roll call, with Councilman Bourbeau opposed. Motion: By Councilwoman Borgeson to approve Res. 33-88, seconded by Councilwoman Mackey; passed unanimous- ly by roll call. Mr. Jorgensen, City Atty., clarified that the resolution approves the list marked received April 11, 1988, submitted separately from the agenda packet. 2. Qrd._167 - Amendment of Zoning Ordinance text relative to freeway identification signs and pole mounted signs - (SECOND AND FINAL READING) (cont'd from 3/22/88) ' Mr' Engen, Commun. Devel. Dir., gave staff report. There was no public comment. Motion: By Councilman Bourbeau to read Ord. 167 by title only, seconded by Councilwoman Borgeson; passed unanimously. Mayor Norris read Ord. 167 by title. �m����rn: By Councilman Bourbeau that this constitutes the ' second reading and adoption of Ord. 167, seconded by Councilwoman Borgeson; passed by 3:2 roll call, with Councilman Handshy and Mayor Norris opposed. 3~ Proposed Police Facility Purchase Agreement (Bemo"ea) (comt`d from 1/12/88 & 3/22/88) A. - Authorizing the City to enter into a purchase agmmt~ and «pscrmv* instructions for the acquisi- tion of 5505 El Camino Real, Atascederon for use as a police facility Mr. Jorgensen, City Atty., gave staff report. There was no pub- lic comment. 91 0 Motion: By Councilwoman Borgeson to approve Res. 29-88, seconded by Councilman Bourbeau; passed by 4:1 roll call, with Councilman Handshy opposed. 4. Proposed Criterium Bicycle Race - Cost estimate for provision of law enforcement and Public Works services (cont'd from 3/22/88) Chief McHale, APD, gave staff report. Council discussion touched on liability concerns. Public Comment Maggie Rice, Chamber of Commerce, relayed that a race organizer indicated to her that CalTrans has OK'd this event, and she en- couraged Council to support funding incentives for it. Motion: By Councilwoman Borgeson that Council underwrite Police and Public Works services to a maximum of $500 from Council contingency funds, seconded by Councilman Bourbeau; passed unanimously by roll call. Council concurred to request that staff address promotion of special events in next year's budget process. D. NEW BUSINESS 1.- Request to consider renewal of Ord. 107 by the Atas. School Dist. - Authority to levy school facility fees Mr. Engen, Commun. Devel. Dir., gave staff report. There was no public comment. Motion: By Councilman Handshy to adopt staff recommenda- tion to set April 26, 1988 as the date of the first hearing to consider an amendment to Ord. 107 to add three more years to the sunset clause (Sec. 4), seconded by Councilman Bourbeau; passed unan- imously by roll call. 2. Authorization to solicit proposals for auditor services Mr. Bramble, Int. Adm. Svcs. Dir., gave staff report. Mr. Sibbach, City Treasurer, suggested there be a public member on the proposed Audit Screening Committee, and he responded to questions from Council. Related discussion ensued, and there was no public comment. 10 Motion: By Councilwoman Mackey to adopt staff recommenda- tions A, B, D & E (with Screening Committee to consist of 2 Councilmembers, the City Treasurer, Dir. of Admin. Svcs and 1 public member), seconded by Councilman Handshy; passed unanimously by roll call. 3. Request by Randy Ryberg, Paloma Creek Park concessionaire, to waive a portion of the business license requirement Chief McHale, APD, gave staff report. He noted that the re- quired background check is expected to be received shortly from the Dept. of Justice; if it is not received by the next Council meeting, he suggested that this item be reconsidered at that time. There was no public comment. Motion: By Councilman Handshy to table this item until the next regular Council meeting, seconded by Council- woman Mackey; passed unanimously. E. INDIVIDUAL DETERMINATION City Council -Discussion regarding length of Council Meeti - Continued to the next regular meeting at the beginning `f the agenda. MEETING ADJOURNED AT 12:05 P.M. TO: APRIL 13, 19e8 AT 7:00 P.M. INTHEADMINISTRATION BUILDING, FOURTH FLOOR ROTUNDA ROOM, FOR A SPECIAL OPEN COUNCIL SES- SION REGARDING PLANNING COMMISSION VACANCY INTERVIEWS; APRIL 18, 1998 AT 4:45 P.M. IN THE ADMINISTRATION BUILDING, FOURTH FLOORROTUNDA ROOM, FOR A SPECIAL CLOSED COUNCIL SESSION REGARDING INTERIM CITY MANAGER POSITION INTERVIEWS MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: 9. CINDY WILKINS, Dep. City Clerk 11