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HomeMy WebLinkAboutMinutes 031489 (2) DI ir DMA .BTEMNO. ATASCADERO CITY COUNCIL MINUTES March 14, 1989 I The regular meeting of the Atascadero City Council was called to order by Mayor Borgeson at 7 :00 p.m. , followed by the Pledge of Allegiance. ROLL CALL Full Council Present: Councilmembers Dexter, Lilley, Mackey, Shiers and Mayor Borgeson Staff Present: Paul Sensibaugh, Pub. Wks . Dir. ; Henry Engen, Dir. of Commun. Dev; Mark Joseph, Dir. of Admin. Svcs . ; Jeff Jorgensen, City Atty. ; Bud McHale, Police Chief; Andy Takata, Dir. of Parks & Rec . ; Boyd Sharitz, City Clerk; Cindy Wilkins, Admin. Secy. Mayor Borgeson issued (3) proclamations : "Camp Fire Birthday Week" , March 12-19 , 1989 "National Nutrition Month" , March 1989 "Arbor Day" , March 29, 1989 Mayor Borgeson read a Certificate of Appreciation for Jim Patter- son of Bay Laurel Nursery (not present) , who recently donated an oak tree to the City for planting on Arbor Day. COMMITTEE REPORTS North Coastal Transit - Councilman Shiers reported on the March 1st meeting, where possible extension of Route 9 t Paso Robles was discussed. Suggestion to subsidize Greyhound to accomplish this extension was discussed, but consensus was to instead ex- tend the North Coastal Transit system (since Greyhound no longer stops in Atas. ) . Three round-trips per day from Paso Robles to S.L.O. are being considered to facilitate north-south County con- nections at various times daily. Also, an Atas. Dial-A-Ride loop through Templeton to Twin Cities Hosp. is being considered; if Paso Robles does the same, the County may reimburse the City's DAR costs for this service. The draft report will be presented to the City Council sometime in April. Solid/Hazardous Waste Mgmt. Committee - Councilwoman Mackey noted the County' s final FIR on hazardous waste is expected to be pre- sented at the next meeting of this commission; in the meantime, she will make her copy available for Council review. 1 Downtown Steering Committee Councilwoman Mackey reported, at last week' s meeting, the committee discussed the Downtown Master Plan consultants' proposals received and have tentatively selec- ted BWE of San Francisco. Mr. Engen added that this firm is in the process of clarifying some of its cost proposals, and a for- mal request for action will come before Council in the near I future. This committee meets again on March 29th. COMMUNITY FORUM Don Kline, Central Coast Water Systems, suggested that Council address the subject of sidewalk skateboarding, which he feels is becoming a problem in the downtown area. Expressing concern re- garding the deep pocket liability of this activity, he suggested that an ordinance prohibiting sidewalk skateboarding be consi- dered. Mayor Borgeson directed that Chief McHale report back on the APD' s involvement with this issue. CONSENT CALENDAR 1. February 28, 1989 City Council Minutes 2. City Treasurer's Report - February 1989 3. Finance Director's Report - February 1989 ` 4. Res. No. 17-89 - In Appreciation to Joel Moses 5. Proposed Tree Trimmers Jamboree - Atas. Lake Park, June 17, 1989 6. Atas. Lake Pavilion -Request for architectural proposals 7 . Co. Dept., of Animal Regulation - Request donation to support Annual Poster/Essay Contest 8. Action for Animal Rights (AFAR) Request for insurance waiver 9. Res. No. 19-89 - Authorizing additional funding for AFAR program Councilman Shiers noted the need for correction to the Minutes of 2/28/89, p. 9 : Following the end of the City Attorney' s comments at the top of the page and prior to Councilman Shiers' s, it should be inserted that Councilwoman Mackey indicated she would have to change her vote to a 'yes' Mayor Borgeson pulled Item A-5 for discussion. Motion: By Councilman Dexter to approve Items A1-9, minus #5, seconded by Councilwoman Mackey; passed unan- imously by roll-call. re: Item A-5; Mayor Borgeson, expressing her support for the event, asked Chuck Scovell, of Scovell Tree Surgery, to comment on some of the activities planned for the Tree Trimmers Jamboree. Summarizing the planned competition, Mr. Scovell noted that the 2 jamboree stresses safety and that various trees will be used throughout the park, throughout the day, in a careful manner so as not to damage them. Motion: By Councilman Dexter to approve Item A-5, seconded by Councilman Lilley; passed unanimously. B. HEARINGS/APPEARANCES 1. Appeal by Myron Nalepa, et al, of Planning Commission ap- proval of C.U.P. 15-88 (Montessori School, 3025 Monterey Rd. ) Mr. Engen gave staff report, and Mr. Sensibaugh commented on the issue of traffic impacts. He noted a late memo was given to Council and the City Clerk regarding a discrepancy between the ADT (average daily traffic) suggested by the appellant and that of the Planning Commission in its response to the appellant; the memo infers that perhaps there was confusion of terms regarding ADT and design hourly volume. Public Comment Myron Nalepa, appellant, indicated the appeal was filed primarily due to what he feels would be a substantial traffic increase from this school, and he requests that Council focus on and address traffic impacts to Monterey Rd. Though septic suitability is also an issue in the appeal, he indicated he believes this will be monitered by the Water Quality Control Board and that there are engineering solutions to any problems which may arise. Fred McGaughey, 2685 Ardilla, expressed opposition to the pro- posed school due to overall impacts to the neighborhood, which is primarily residential, and the additional traffic volume. !' Steve Dudley, applicant, explained that the subject site was chosen because it has a minimal neighborhood impact (which he noted was a paramount concern when looking for a site) , good ar- terial flow, favorable septic conditions, offers an opportunity for a diverse learning environment and is located next to an existing school . He noted that carpooling of students is encour- aged and that 40% of families with children attending Montessori currently carpool. Lee Perkins, 5545 Nogales, spoke in support of this proposal, ex- pressing concern at opposition due to the need for additional classrooms in Atascadero. Larry Sherwin, 2655 Monterey Rd. , expressed concern over the im- pact of additional traffic from the school due to the Monterey Rd. School students walking along Monterey Rd. He suggested a 3 traffic counter be placed in the area to collect accurate traf- fic figures, I Michael Donovan, whose son has attended Montessori for four years, feels the traffic impacts and other issues have been ad- dressed in staff' s analysis and requested Council' s support for this proposal. Carl Straley, a second-grade, 3-year student at Montessori, read a prepared statement in support of this proposal . Audrey Elliott, who has two children attending Montessori, at- tested to the excellence of the school and urged Council' s support for this proposal. Murray Powell, 2655 Ardilla, expressed opposition to the proposed location due to the SFR zoning of subject property, saying he' s not opposed to the Montessori School nor does he question its value to the community. He feels Council should consider whether there are better locations for the school . Gale Day, whose children attended Montessori, expressed her sup- port for this proposal and disappointment in the "Not in my neighborhood" attitude heard whenever a new school is. proposed. Annette Gillespie-Carlin, 5529 Tunitas, feels the Planning Com- mission clearly represented a careful study of the appeal issues, and she expressed her support for this proposal . Chris Anderson, 8445 Del Rio, whose son is in his 3rd year at Montessori, expressed support for this proposal. Noting that her family currently lives in the Monterey Rd. School district, as do approx. 20% of the families who have children in Montessori, she expressed that their commuting to and from the proposed site won' t be an addition to traffic volume in the area because they currently use the roads there. Korey Dudley, co-applicant, addressed some of the appellants' concerns expressed tonight. Noting the efforts made to locate a site which would not be obtrusive to any neighbors, she noted that, if this proposal isn' t approved, it' s questionable whether another site is available for the relocation of the school . Tom Komar, 5545 Nogales, expressed support for the Montessori School and encouraged Council to grant the requested permit. He noted the declining availability of ' ideal' school sites . Kathy Cannon, who has a child enrolled at Montessori, expressed support for this proposal and noted traffic volume will be an issue on Monterey Rd. , whether or not this school goes in, due to future increases in student population. 4 r . Mary Ann Nolan, 4275 Lewis Ave. , expressed support for this proposal, noting that, when she moved to Atascadero last June, Montessori was the only available kindergarten option due to the overcrowded schools situation Joanne Herman, Balboa Rd. resident, whose children attend Montes- sori, expressed support for this proposal . Neil Sudsen, 1829 E1 Camino Real, expressed support for this proposal, feeling a school of this nature would enhance the neighborhood by its visual impact alone. He noted the Dudleys ' concerns over meeting everyone' s emotional feelings on this pro- posal. John Lee, 4785 Hidalgo, expressed support for this project, not- ing the great amount of time and effort on the Dudleys' part in researching this project. Betsy Allen, 3950 Monterey Rd. , expressed concern over traffic impacts to the area around the proposed location and concern for pedestrian safety. Melanie Watt, expressed support for this proposal . Noting the family-type unity among those whose children attend the school, she relayed that part of the Montessori philosophy is to blend with nature and the environment, saying they desire to be an asset to the neighborhood. Larry Sherwin asked if there is a general plan for Atascadero. Mr. Engen responded that the General Plan includes public schools and that the Zoning Ordinance allows for private schools in resi- dential areas with minimum standards as conditional use permits . Discussion came back to Council and staff. Motion: By Mayor Borgeson to deny the appeal of CUP 15-88 and to add a Condition #14 , as outlined by the City Attorney: "Developer shall submit, for City approval, a plan for carpooling and staggered hours of operation in order to minimize traffic impacts and conflicts with Monterey Road School, prior to the establishment of the use on the site. " Motion seconded by Councilman Lilley. Motion: By Mayor Borgeson to amend the previous motion to include the addition of, a Condition #15 : "Any future expansion shall be subject to conditional use permit review. " Motion seconded by Councilman Lilley; amended motion passed unanimously by roll- call vote. *COUNCIL RECESSED FOR A BREAK FROM 9: 10 - 9: 25 P.M. 5 2. Appeal by Gary Swauger of Planning Commission denial of C.U.P. 17-88 (Self-serve car wash, 4805 SCR) Mr. Engen gave staff report, noting the findings for denial were reduced to no. ' s 1 , 3 and 4 of Exh. I . Public Comment Gary Swauger, representing applicant Ron Hurlburt, addressed the Planning Commission' s findings for denial and spoke in support of this proposal . He expressed that staff provided no direction to the applicant in its preliminary review of the project regarding compliance with nor deficiencies to the General Plan. He indi- cated that the subject car wash needs to be located on E1 Camino Real in order to be economically feasible. Russ Allen, resident, feels north ECR is ripe for a car wash, although he' s opposed to the proposed location. He expressed concern regarding the lack of information in the report relative to the provision of a water filtration system to gather solvents, petroleum products, etc. , resulting from engines and rental equipment commonly cleaned at this type of facility. Discussion came back to Council and staff, with Mr. Engen noting the General Plan problem had been noted to the applicant early in the process. Motion: By Mayor Borgeson to uphold the Planning Commis- sion' s decision and deny the subject appeal, based on the findings for denial (#' s 1, 3 and 4) , sec- onded by Councilman Shiers; passed unanimously by roll-call The applicant was encouraged to study alternate sites on north ECR for the project. 3. Request for release from sewer reimbursement agreement (Day) Mr. Sensibaugh gave staff report, reviewing the history of this issue. Staff noted that the LeJeal' s were contacted twice and informed that Council would be reconsidering the reimbursement issue tonight. Public Comment I Gale Day, appellant, spoke in support of this request, reviewing the history and chronology of events leading up to the present, indicating that, when considering the possibility of granting the requested easement, they were not informed that the LeJeals had the right to request reimbursement. 6 Sarah Gronstrand asked what, if anything, the City gave the Days in exchange for the sewer easement. Mr. Sensibaugh responded that the City required the LeJeal' s to obtain an easement but required nothing of the Days. Discussion came back to Council . Mr. Sensibaugh noted that a small easement was obtained on one other parcel in order to run the sewer lateral up to the LeJeal property. Motion: By Mayor Borgeson to release the Days from the re- imbursement agreement, as requested (noting the absence of counter-arguments from the LeJeals) , seconded by Councilman Shiers; passed by 4 : 1 roll- call, with Councilman Lilley dissenting. Mr. Jorgensen noted that the City' s order for the Days to hook up to the sewer, along with the normal required fees, is still in effect. 4. Tree removal request - 10560 San Marcos Rd. (High/Wells/ Cuesta Engineering) Mr. Engen gave staff report. Public Comment Architect Joe Elkins spoke on behalf of the applicant in support of this request. He indicated that the owners intend to replace the removed tree, whether or not it' s required of them. Jackie Wells, applicant, expressed they do not wish to damage their property and that subject location is the best overall area where the least number of trees would need to be removed for a home site. Council discussion ensued, with Councilwoman Mackey noting that there was a dead tree that had been a replacement tree on a prior approval that needed to be taken care of. Motion: By Councilwoman Mackey for approval to remove the heritage oak tree and the three other oaks as re- quested, conditioned on the planting of six 15 gallon replacement oak trees as shown on the plans, seconded by Councilman Lilley; passed by 3 : 2 roll-call, with Councilman Shiers and Mayor Borgeson dissenting. 5. Resolution No. 18-89 Vacating a portion of San Andres Ave. FP.-O-W at 7005 Atascadero Ave. (Better Homes & Gardens) (Cont'd from 2/28/89) Mr. Engen gave staff report. 7 Public Comment Eric Michielssen, applicant, spoke in support of this proposal, clarifying he is not the owner of subject property but is in a joint venture with the owner. Motion: By Councilwoman Mackey to continue the meeting past 11 p.m. , seconded by Councilman Dexter; passed unanimously. Motion: By Councilman Dexter to adopt Res . No. 18-89, including amending Condition ##3 to "read, "The applicant shall provide the City with adequate evidence of title that the alternate right-of-way where San Andres Ave. now exists is dedicated to public use" . Motion seconded by Councilwoman Mac- key; passed unanimously by roll-call . C. UNFINISHED BUSINESS 1. Ordinance No. 191 Repealing Ord. No. 's 111, 118 & 119 (Development fee ordinances) Motion: By Councilman Lilley to adopt Ord. 191, seconded by Councilman Dexter; passed unanimously by roll- call. D. NEW BUSINESS 1. Set joint Council/Planning Commission/Parks & Recreation Commission Meeting date re: General Plan Mr. Takata indicated staff recommends said meeting be scheduled for Thursday, April 13, 1989, at 7 p.m. ; Council consensus was to schedule the meeting as per staff recommendation. E. INDIVIDUAL DETERMINATION AND/OR ACTION City Council: a. Mayors/Managers Meeting, re: 1/2 cent sales tax Mayor Borgeson reported on discussion of this topic at last week's Mayors/Managers Meeting, where consensus was to gath- er additional information, including conducting a Needs Survey through the Area Coordinating Council, before pro- ceeding with any action. 8 b. Arbor Day tree planting Councilwoman Mackey reported the need, as a Tree City USA, to plant a tree in celebration of Arbor Day. Mr. Takata reported that Mr. Windsor has requested staff to compile a list of City facilities in need of trees to be designated as receiving sites for future donated trees. He suggested that the community be solicited to submit possible private prop- erty locations for such plantings. Sunken Gardens and Lake Park were suggested as possible sites for this Arbor Day' s tree planting. Council will determine a site at their meeting of March 28th. Councilman Shiers relayed receipt of a complaint that many local businesses don' t have visible street addresses and suggested that this be reviewed. Brief discussion ensued and an ordinance re- quiring address posting was suggested. MEETING ADJOURNED AT 11 :20 P.M. MINUTES RECORDED BY: BOYD C. SHAR TZ, Cit lerk PREPARED BY• CINDY WILKINS, A in. Secy. 9