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HomeMy WebLinkAboutMinutes 121388 MEET! /IiG�ENDA ATASCADERO CITY COUNCIL MINUTES DECEMBER 13 , 1988 The regular meeting of the Atascadero City Council was called to order at 7 : 30 p.m. by Mayor Borgeson, followed by the Pledge of Allegiance. ROLL CALL All Present: Councilmembers Dexter, Lilley, Mackey, Shiers and Mayor Borgeson Staff Present: Ray Windsor, City Mgr. ; Mark Joseph, Admin. Svcs . Director; Lt. Bill Watton, APD; Henry Engen, Commun. Devel. Director; Paul Sensibaugh, Public Works Director; Jeff Jorgensen, City Atty. ; Boyd Sharitz, City Clerk; Cindy Wilkins, Acting Deputy City Clerk COUNCIL COMMENT Councilwoman Mackey noted having received calls from persons in- quiring as to how they could donate needed items to the Armenian earthquake victims. Councilman Dexter responded that persons wishing to help in some way are encouraged to contact any number of relief organizations ( i .e. , World Council of Churches, Church World Service, United Methodist Relief, the Catholic agencies and the Armenian Church) . He noted that the Boards of New York are working to establish a firm network with the Armenian Churches for the transfer of funds to Armenia. Mayor Borgeson urged the organization of aid from Atascadero. Council concurred to cancel the 12/27 Council meeting. COMMITTEE REPORTS City/School Committee - Mr. Windsor reported that staff is in the 1process of setting up the next meeting (to be hosted by the AUSD) and wishes to discuss the location of the Jr. High School . North Coastal Transit - Councilman Dexter reported at last week' s meeting there was discussion of how to increase transit coverage from Morro Bay, S .L.O. and Atascadero to Cal Poly and Cuesta. Police Facility Committee/Atascadero Lake Acquisition Committee/ Bicentennial Committee - Mr. Windsor noted that these committees now fall under review by the Council Finance Sub-Committee . 1 COMMUNITY FORUM - No public comment. A. CONSENT CALENDAR 1 . November 22, 1988 City Council minutes 2 . November 29, 1988 Joint Council/Planning Commission minutes 3 . Approval of Final Parcel Map 19-87, 2800 Ardilla 4 . Approval of request for time extension for TTM 24-87, 7425 E1 Camino Real 5 . Approval of request for time extension for TTM 26-86, 7408- 7478 Santa Ysabel 6. Award of contract for design of traffic signal at inter- section of Santa Rosa Rd. & El Camino Real 7 . Res. No. 112-88 - Approving the sale of bonds for Street Assessment Dist. No. 5 (Chandler Ranch) 8. Senate Resolution 46 - List of maintenance & construction needs for 1990-2000 9. Res. No. 114-88 - Authorization to participate in career opportunities development program 10. Claim of Brett Morris 11 . Res. No. 115-88 - Authorizing City Manager and Administra- tive Services Director to open City safe deposit box 12 . Res. No. 113-88 - Authorizing permanent Building Inspector position 13 . Authority for lease/purchase of copy machine 4. Dial-a-Ride re-bid authorization Anne Marie Kirkpatrick pulled Item A-2 and Councilman Dexter pulled Item A-3 for discussion. Motion: By Councilman Lilley to approve Items A-1 & 4-14, seconded by Councilwoman Mackey; passed unani- mously. Re: Item A-2: Mrs . Kirkpatrick expressed that the minutes (spec- ifically paragraph 1 ) don' t accurately reflect either the events nor the dialogue that took place at the 11/29 Joint City Coun- cil/Planning Commission meeting. She requested that the minutes note that the meeting was continued because the room was filled to capacity and people were turned away; secondly, Mr. Austin Carlton, Caltrans, had indicated that he believed individuals could submit written comments to CalTrans on the Hwy. 41 matter until December 10th (not Dec . 1st, as the minutes reflect). Mrs . Kirkpatrick submitted typed excerpts from the 11/29 meeting quoting Mayor Borgeson' s conversation with Mr. Carlton regarding the time limit for receiving testimony on the environmental doc- ument, and she requested that they be included as part of the official meeting minutes . 2 Motion: By Councilman Lilley that the typed excerpt sub- mitted by Mrs . Kirkpatrick be included as part of the 11/29 meeting minutes, along with the notation that the meeting was postponed, in part, because of room capacity regulations, seconded by Coun- cilman Shiers; passed unanimously. Re: Item A-3 : Councilman Dexter reiterated his concerns about the increase of flag lots; he suggested that the engineers for subject property be requested to consider, prior to submittal of final maps, an additional access road in order to increase fire and police protection and to decrease injuries occurring when entering the public right-of-way from private roads . Motion: By Councilman Dexter to approve Item A-3 , seconded by Councilwoman Mackey; passed unanimously. B. HEARINGS/APPEARANCES 1 . TPM 16-88 Appeal, 12405 Santa Ana Rd. (First Nationwide Bank/Volbrecht Surveys ) Mr. Engen gave staff report and responded to questions from Council . He noted that there has been apparent illegal grading done on parcel #4 pursuant to a pending, but as yet unissued, building permit. Public Comment Alan Volbrecht, agent for First Nationwide Mortgage in this mat- ter, reviewed the history of this map and addressed the findings for denial, dated 11/15/88 . Steve LaSalle, resident, expressed he feels this is an example of inappropriate development and a classic example of the minimum. He commended the Planning Commission for pushing quality lot sizes and maintaining a strong faith in the General Plan. Marj Kidwell, 9980 Old Morro Rd. , wondered if the 4 acre minimum will now be in question and not used. Further Council discussion ensued. Motion: By Councilman Lilley to approve the applicant' s request as stated with the additions of Condition #19 as per staff' s recommendation, and a Condition #20; "No trees will be removed during the course of the construction of residences on either of the four lots" Motion seconded by Councilwoman Mackey; passed by 3 : 2 roll-call, with Councilman Shiers and Mayor Borgeson dissenting. 3 I I 2 . Res. No. 110-88 - approving proposed modification to Farmers Marketlayout Mr. Engen gave staff report. Mr. Windsor indicated that he met with Mary Walsh of the Shoe Corral, who had expressed her con- cerns regarding access to the store and whether or not the change would be permanent; he has indicated to her that the change is experimental and staff will work with the affected businesses to gain maximum access . Mr. Jorgensen indicated that the authoriza- tion for layout modification can be rescinded on 10 days notice in case another plan is proposed or a problem arises . There was no public comment. Motion: By Councilwoman Mackey to approve Res . 110-88, subject to staff working with the affected mer- chants, seconded by Councilman Shiers; passed unanimously. 3 . Ord. No. 184 - ZC 14-88 clarifying the 1/2 ac. min. lot size standard for LSF-X and RSF-X SFR districts (ist reading, by title only) Mr. Engen gave staff report, referencing the revised Exh. D which reflects the Planning Commission' s recommendation of 1/2 acre net lot size. There was no public comment. Motion: By Councilman Shiers to approve Ord. 184 and read by title only, seconded by Councilman Dexter. (Mr. Jorgensen clarified that the motion refers to re- vised agenda Item B-3 . ) Mayor Borgeson read Ord. 184 by title only; motion passed by 3 : 2 roll-call with Councilmembers Lilley and Mackey dissenting. 4 . Ord. No. 183 - Amending Ord. No. 119 relating to develop- ment impact fees (1st reading, by title only) Mr. Sensibaugh gave staff report and referenced revised Ord. No. 183 noting the addition of language under Sec . 3-12 . 10 : Excep- tions, prior to subsection (a) : "There is excepted from the fee imposed by this Chapter the following: " . There was no public comment. Motion: By Councilwoman Mackey to approve Ord. 183 and read, by title only, seconded by Councilman Lilley. Mayor Borgeson read Ord. 183 by title only; motion passed unanimously by roll-call . COUNCIL RECESSED FOR A BREAK FROM 9: 25 - 9 : 50 P .M. 4 Note, re: Item B-3: Mayor Borgeson clarified that the "No" votes cast by Councilmembers Lilley and Mackey on Item B-3 relate to Ord. No. 184 ; not to the reading by title. I C. UNFINISHED BUSINESS 1 . Ord. No. 185 - Accepting the State Penal Code requirements relating to the selection and training standards of public safety dispatchers (2nd & final reading, by title only) (cont'd from 11/8/88 & 11/22/88) Mr. Windsor noted the proposed ordinance stands as introduced. There was no public comment. Motion: By Councilwoman Mackey to approve Ord. 185 on 2nd reading, by title only, seconded by Councilman Shiers . Mayor Borgeson read Ord. 185 by title only; motion passed unanimously by roll-call . 2 . Res. No. 111-88 - Modifying effective date to charge various fees established by Res. No. 100-88 Mr. 'Engen gave staff report, referencing revised Res . No. 111-88, dated 12/13/88. There was no public comment. Motion: By Councilman Shiers to approve Res . 111-88, sec- onded by Councilman Lilley; passed unanimously by roll-call . 3 . Amendment to Solid Waste Collection Contract extending term for an additional two-year period - Wil-Mar Disposal (cont'd from 11/22/88) Mr. Windsor gave staff report. There was no public comment. Motion: By Councilwoman Mackey to approve the First Amendment of the Solid Waste Collection Contract with Wil-Mar Disposal, seconded by Councilman Shiers; passed unanimously. 4 . Ord. No. 186 - Changing time of City Council meetings from 7 :30 p.m. to 7 :00 p.m. (2nd & final reading, by title only) It was noted that this ordinance would be effective with the Council ' s first regular meeting in January, 1989 . There was no public comment. 5 Motion: By Councilwoman Mackey to approve Ord. 186 on second reading, by title only, seconded by Coun- cilman Shiers . Mayor Borgeson read Ord. 186 by title only; motion passed unanimously by roll- call . D. NEW BUSINESS 1 . Consideration to initiate zoning amendment regulating off- site sales of alcohol (cont'd from 10/25 & 11/22/88) Mr. Engen gave staff report and clarified that the proposed amendment would apply to future applications and would not be . retroactive for those establishments already licensed for alcohol sales by the State Dept. of Alcoholic Beverage Control (ABC) . Discussion ensued regarding the extent to which the City has control over the licensing and regulation of the purchase and sale of alcoholic beverages . Mr. Jorgensen noted that the ABC won' t issue a license for sales - where local zoning prohibits . There was no public comment Motion: By Mayor Borgeson that Council initiate a proposed change to the City' s Zoning Ordinance requiring that a conditional use permit be required for off- site sales of alcoholic beverages and direct that staff present proposed language and analysis to the Planning Commission for public hearing and bring a recommendation back to the Council . Mo- tion seconded by Councilman Shiers; passed unanimously. 2 Res. No. 109-88 Approving application for grant funds under the California Wildlife Coastal & Parkland Conserva- tion Bond Act of 1988 Mr. Windsor summarized staff' s report, noting that these funds are guaranteed under recently passed Prop. 70, and the City does not have to compete for them. There was no public comment. Motion: By Councilwoman Mackey to approve Res . 109-88 , seconded by Councilman Lilley; passed unanimously by roll-call . 3. Downtown Master Plan and Task Force Mr. Windsor gave staff report. Mayor Borgeson suggested that she and Councilwoman Mackey work together on this subject and that names of individuals and groups for consideration be submitted to 6 them, with which Council concurred. Mr. Windsor requested that RFP' s be accomplished no later than mid-February. There was no public comment. E. INDIVIDUAL DETERMINATION/AND OR ACTION City Council - Councilman Dexter read a Mayor' s proclamation urging the citizens of Atascadero to respond appropriately to the victims of the recent Armenian earthquake through gifts to be channelled through the World Council of Churches, Church World Service or other accountable international relief agencies . City Manager - A. Downtown lot acquisition: Mr. Jorgensen indicated that if Council wishes to meet in closed session to discuss this, it would be appropriate. Mayor Borgeson noted that Council consensus is in favor of this lot acquisition, but that Council would like to discuss negotiations in closed session; Council prefers to hold the topic in confidentiality until that time. Lon Allan, Atas . News, inquired as to the address and name of property owner. Mr. Jorgensen responded that information would be appropriate for disclosure at the time of announcing the closed session. Mr. Windsor noted an appeal regarding the Rocky Canyon rock quarry was pending before the Co. Board of Supvrs . today. Staff has met with rock quarry representatives, and have negotiated an amicable resolution of the problem, in that they have agreed to participate in the cost of the Santa Rosa/ECR traffic signal installation; the Public Works Director has been authorized to correspond to the Board that the City withdraws its appeal . MEETING ADJOURNED AT 10 : 30 P .M. TO A JOINT PUBLIC HEARING WITH THE CITY PLANNING COMMISSION AT 7 : 00 P.M. , WEDNESDAY, DECEMBER 14, 1988, IN THE NATIONAL GUARD ARMORY ON OLMEDA AT TRAFFIC WAY IN ATASCADERO, TO CONSIDER TESTIMONY REGARDING HIGHWAY 41 . MINUTES RECORDED BY J .Q.*� -, BOYD C SHARITZ, Clerk PREPARED BY: 1. CINDY WILKINS, Acting Deputy City Clerk 7