HomeMy WebLinkAboutMinutes 032889 s
MEET!
DATM4 ITEM# ..�L,..:....
ATASCADERO CITY COUNCIL
MINUTES
MARCH 28, 1989
The regular meeting of the Atascadero City Council was called to
order by Mayor Borgeson at 7:05 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, Public Works Director ; Henry
Engen, Director of Community Development ; Mark Joseph , Director
of Administrative Services; Jeff Jorgensen, City Attorney; Bud
McHale, Police Chief, Andy Takata, Director of Parks, Recreation
and Zoo; and Boyd Sharitz, City Clerk .
COMMITTEE REPORTS
City/School Committee: Councilman Dexter reported that there is a
meeting scheduled for this Friday, March 31 .
S.L.O. Area Coordinating Council : Mayor Borgeson stated that they
will be meeting the latter part of this month .
Traffic Committee: Councilwoman Mackey said that a man asked that
Halcon Road be moved but was rejected because it cost too much
money and really wouldn ' t serve the park .
Solid/Hazardous Waste Mgt. Committee: Councilwoman Mackey said
this will be discussed later on tonight .
Economic Opportunity Commission: Councilman Dexter said that he
was unable to attend the meeting last Thursday.
Finance Committee: City Manager Ray Windsor said that he was
hoping to have a meeting, this week before Councilman Shiers has
to return back to school , possibly Thursday.
Downtown Steering Committee: Mayor Borgeson reported that they
are meeting on Wednesday, March 29 from 3-6 p .m
COMMUNITY FORUMa
George Luna, Planning Commissioner, stated that since the joint
meeting on the Tree Ordinance he has been asked many times on the
status of the text amendments to the Tree Ordinance. His reply
has been always the same. He then quoted the zoning ordinance on
text amendments. "The Planning Commission shall hold a public
hearing on any proposed text amendment to this title of the
zoning ordinance. It has done that . The purpose of the hearing
shall be to receive testimony from parties interested in the
proposed text . To consider the recommendations of the Planning
Director , it has done that and to adopt a recommendation to the
City Council and it has not done that . The Planning Commission
shall submit a written recommendation to the City Council on the
proposed amendment setting forth findings in support of the
recommendation. It has not done that . Upon receipt under the
City Council notice and hearing, upon receipt of the
recommendation of the Planning Commission the City Council shall
hold a public hearing after giving the necessary public notice.
The City Council may approve, modify or disapprove the
recommendation of the Planning Commission, as yet there has been
none. Provided that any modification of a proposed text
amendment by the City Council not previously considered by the
Planning Commission shall first be referred to the Planning
Commission for a report and recommendation. As yet there is no
written recommendation to refer to Thus it was a surprise to
him to see on the agenda tonight a report on the Tree Ordinance
with the expectation "to hopefully get final conceptual approval
to bring back an ordinance for first reading before the Council .
Say it isn' t so , show us that the City ' s Ordinance will always be
followed and send this matter back to the Planning Commission for
its written recommendation" .
ft.m. CONSENT CALENDAR:
1 . March 14, 1989 City Council Minutes
2. RESOLUTION NO. 1-89 - ADOPTING BOARD OF APPEALS RULES OF
PROCEDURE
3. REQUEST FOR SEWER ANNEXATION (KESTERMAN - DULZURA AVENUE)
4 CLAIM OF VERNON GRAY (RECOMMEND DENIAL)
5. REQUEST FOR SPONSORSHIP - ATASCADERO COMMUNITY BAND
City Manager, Ray Windsor , asked that Item- 5 be pulled and asked
that Council give consideration tonight to give support or
sponsorship to the band , and then referring the item back to
staff so that it can be brought back to the Council as para of
the budget review.
I
I
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to approve Items A- 1-5 with the recommendation from the
City Manager that the Council officially recognize the
Atascadero Community Band and refer to staff for the
financial consideration at budget time. Passed
unanimously by roll call vote.
2
B. HEARINGS/APPEARANCESa
1 HAZARDOUS WASTE MANAGEMENT PLAN
Tim Mazzacano , Director of Environmental Health with the San
Luis Obispo County Division of Environmental Health, County
Health Department reported that the San Luis Obispo County
Hazardous Waste Management Plan was developed in response to
the Tanner Bill . The Hazardous Waste Commission with County
staff have beenworkingon the plan since July 1987. Marge
Mackey is the City of Atascadero representative on the
Hazardous Waste Management Commission. Throughout the
process the public has been encouraged to participate. A
public hearing was held on the draft plan before the council
last spring . All of the comments received from the public ,
the city councils and the state on the draft plan were
plan. Seven
the development of the final p
considered in p
Cit of
I� final plan were delivered to they
� copies of the
Atascadero in November . The draft environmental impact
report for the plan was available for comment from October
to December . A copy of the final impact report which
includes responses to all of the comments received on the
draft environmental impact report was delivered to the city
the end of February. The EIR identified an environmentally
superior alternative which modified the general areas
identified in the chapter 9 of the plan. There are no
general citing areas within the City of Atascadero . The
environmental alternative was approved by the Hazardous
Waste Management Commission and appears in the changes and
corrections. The changes and corrections also identify
changes for internal consistency, changes to update the
information, correction of spelling and grammar and omitted
information. Approval of the plan will provide the county
and the cities within the county with the greatest degree of
local control of citing of hazardous waste management
facilities and implementation of the plan will bring about
waste management programs and policies which will benefit
the environment including a household hazardous waste
program. They have received approval from thecitiesof
Morro Bay, Paso Robles, San Luis Obispo , Pismo Beach, Arroyo
Grande and Grover City. They anticipate the county board of
supervisors will hold their hearing on the final plan on
April 18th. Ms. Corliss of the Division of Environmental
Health staff is present to answer any questions council may
have.
Mayor Borgeson asked if the City does not approve the plan,
will the state mandate it? Mr . Mazzacano responded the plan
is submitted for approval to the State and the State can
either approve or disapprove the plan. If the State does
not choose to approve the plan, we can still have a locally
3
II
• I
approved plan but they plan to work with the cities. The
plan is to the benefit of all .
Cathy Corliss said the State is going to develop a State
Hazardous Waste Management Plan. That will incorporate
conflicts from all the counties. If there isn' t a County
Waste Management Plan she isn' t sure where that leaves us
with the State Hazardous Management Plan.
Council discussion followed.
Mayor Borgeson asked Paul Sensibaugh , Public Works Director
if he would prepare a condensed report from the two large
reports that the Council has received. Mr . Sensibaugh said
he would prepare this for the Council before the next
scheduled Council meeting
2. CONSIDERATION OF APPEAL BY DON MESSER OF PLANNING COMMISSION
DENIAL OF CONDITIONAL USE PERMIT 12-88 (Kentucky Fried
Chicken, 6900 E1 Camino Real )
Henry Engen, Community Development Director, gave the staff
report recommending approval with the project re-designed to
eliminate the drive thru reversing the site plan to put the
restaurant on the creek and eliminating the tower roof
sign.
Council discussion followed
Mayor Borgeson opened the subject for public comment
Paul Geis, attorney for Mr. Messer and O.C. Crothers stated
they are seeking a conditional use permit from the City for
signage only which is in excess of the standards prescribed
by signing provisions of the city ' s zoning ordinance for a
drive through restaurant. This is the only entitlement for
which they seek . The notice of public hearing is consistent
with that request . It says that they are appealing the
planning commission 's denial of a conditional use permit
request to allow for signage in excess of 100 square feet
including a freeway sign for a restaurant. Also the staff
report is consistent with that request for entitlement in
that it notes that this is a public hearing on a conditional
use permit involving a request for signage in excess of
zoning ordinance standards for a drive through restaurant .
This becomes important because the staff reports in the past
have mislead the Planning Commission as to the issues before
them with regard to this application and he intends to show
Council the errors in that staff analysis. Initially the
applicants only seek the use permit for signage and not a
use permit for the overall projects, just the single feature
of a use permit for signage which is peculiar the signing
4
provisions in the city' s ordinance. The signage they are
seeking a variance from is the freeway signage (freeway
identification sign) and signage that is in excess of 100
square feet . Those provisions are found in the signing
provisions of the zoning ordinance in section 9-4. 130. They
have thrown in zoning law consistency including the need for
a conditional use permit which is not necessary. They have
thrown in general plan consistency which is not appropriate
or necessary, creek plan consistency which is part of the
city ' s general plan which is not necessary for what
entitlement is being sought this evening . The overall
project as applied for is in fact consistent with the City 's
zoning ordinance, the city ' s general plan and the creekway
plan. There is no requirement that the council make
findings as to those consistencies for the conditional use
permit which they seek for signage only. Regarding the
zoning ordinance, staff indicated that this is CR commercial
retail zone. There is no provision in thecity' s zoning
ordinance that has a sub-category for central business
district retail zone. It is just a CR commercial retail
zone that is prescribed in section 9-3.221 of the zoning
ordinance. It states that the purpose of this zone is to
provide for a wide range of commercial uses to accommodate
most of the retail and service needs of the residents of the
city and surrounding areas. Allowable uses 9-3.222 reads:
in the commercial retail zone includes general merchandise
stores, offices, eating and drinking places. There is no
restriction whatsoever as to drive through restaurants, it
just states eating and drinking places. 9-3.223 are uses
that require a use permit , and they do not fall under any of
those uses. This project does not require an overall use
permit for restaurant and the offices and stores which they
are proposing. 9-3.224 says there shall be no minimum lot
size in the commercial retail zone.
Deborah Hallowell , from Cuesta Engineering spoke regarding
the history of the development of the site plan and
addressed the conditions and the signing issues that have
been brought up.
Council questions and discussion followed.
Jerry Bond said he, believed that the plan is excellent and
the drive through is well hidden. He hoped the Council would
approve it tonight because it is an excellent project.
Dorothy McNeil asked if there are any windows or doors on
the retail stores on the creekside. Ms. Hallowell responded
that there are three windows, three doors and a patio. Mrs.
McNeil then asked about where the trash receptacles would
be. Ms. Hallowell pointed out where the trash dumpsters
would be placed . She believes the Council should say no to
5
this project .
Keith Higgens, Traffic Engineer, stated this is a good
project.
O.C. Crothers, one of the applicants, asked the Council for
their support . Without the drive thru it becomes an
economic non-feasibility. They did a traffic count last
month at the Paso Robles store and 49% of their customers
went through the drive-thru.
Terry Graham suggested that the Kentucky. Fried Chicken
people look into the vacant building that was formerly Del
Taco because they had a drive-thru.
At this time Mayor Borgeson closed the discussion for public
comment.
Jeff Jorgensen referenced Section 9.2. 108 (b) (2) ( iv) of
zoning ordinance wherein precise plans are subject to the
same findings as CUP ' s.
Council discussion and questions followed .
Mayor Borgeson noted that page 3 of the 11-15-88 staff
report pointed out the findings necessary for a precise
plan. Henry Engen indicated staff would not have made the
necessary findings.
Don Messer stated that he feels that he has a good project
and has tried to change it to get approval . If the Council
wants a walk-way around the creek that would be fine. He is
looking for some direction from the council He wanted to
thank the Council for their time on this project .
Mayor Borgeson responded to Mr . Messer that at this point
Council couldn ' t give him specific suggestions on what to do
on this project , but staff has some conditions of approval
that they felt that project could be approved with the
conditions before the council and with the architectural
changes and this going back to the Planning Commission,
perhaps and working with them, you may come up with what you
want and the city wants.
MOTION: Made by Mayor Borgeson, seconded by Councilman Shiers
to direct staff to send conditional use permit 12-88
back to the Planning Commission with the recommendation
for approval subject to conditions of approval as
outlined in the Council packet of March 28th with the
addition of condition 15 "developer shall provide an
access easement through the project to the creek
reservation. " Passed unanimously by roll call vote.
6
I
At 9: 15 p .m. Mayor Borgeson requested a 15 minute recess. The
meeting reconvened at 9:30 p .m.
3. HERITAGE TREE REMOVAL REQUEST (Lot 16, Block 43, Atascadero
Colony - Rayar , Millhollin/Tartaglia)
jStaff report was given by Henry Engen, Community Development
Director .
I
jCouncil questions and discussion followed.
Mayor Borgeson opened the discussion for public comment .
Glen Millhollin said this tree is 25 or 30 inches and is not
one of the most beautiful trees. This lot has quite a few'
trees on it and in order to get sufficient grading to build
the house you need to level some spot and the only thing
that they can do is to take the top of the hill and level it
out . The slope is too steep to put in a septic system in
any other location.
Mayor Borgeson closed for public comment.
Council discussion followed.
MOTION: Made by Mayor Borgeson, seconded by Councilman
Shiers to deny the applicant ' s removal of this
Heritage tree. Passed 3:2 roll call vote with
Councilmen Lilley and Dexter voting no .
Mayor Borgeson told Mr . Millhollin it is suggested that he
consult with staff and find out what possible alternatives
he may face at this point .
Mr . Millhollin asked what suggestions staff might make at
this point. He had engineers do this work for him and he
doesn ' t know where to go next, he wished he had some advise
from the Council , this is devastating
4 ORDINANCE NO. 192 - ADOPTING POLICY FOR THE FINANCIAL
RECOVERY OF COSTS OF EMERGENCY RESPONSES PURSUANT TO
GOVERNMENT CODE SECTION 53150, ET SEQ
Bud McHale, Police Chief., gave the staff report .
Council discussion followed.
Mayor Borgeson asked for public comment at this time.
Whitey Thorpe said this piece of legislation that the police
department would Like to have in their hands would be
7
placing in the hands of the law enforcement a hammer to
knock any citizen down that he so happens to choose. This
is going a little bit too far, and the police department
should be ashamed to ask for such a piece of legislation be
bought before the council .
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to refer this back to the Police Department for
revisions in line with the Council comments that have
been given and bring back to the Council for further
consideration. Specially that there needs to be
modification as to when and what act , be it conviction
vs arrest triggers the recovery effort and also a
monitoring time to insure that this is cost effective
over a 6 or 8 month period. Passed unanimously.
C. REGULAR HUSINESSs
1 . DOWNTOWN STEERING COMMITTEE ' S RECOMMENDATION RE: CONSULTANT
FOR DOWNTOWN MASTER PLAN CONTRACT
Staff report was given by Henry Engen, Community Development
Director .
Council discussion followed.
There was no public comment .
MOTION: _ By Councilman Dexter, seconded by Councilwoman Mackey
I authorize the City Manager and Mayor to execute the
attached contract not to exceed $28,800. Passed
unanimously by roll call vote.
2. CONSIDERATION OF REQUEST TO INITIATE ZONING TEXT AMENDMENT
RE: NON-CONFORMING LOT DEVELOPMENT (ZC 3-89, Williams)
Staff report was given by Henry Engen, Community Development
Director .
Council discussion followed.
There was no public comment
MOTION: By Councilman Dexter , seconded by Councilman Lilley to
instruct staff to prepare a zoning tent amendment to
to allow development for non-conforming uses or
structures subject to CUP approval and selective
findings. Passed unanimously.
3. APPEAL OF DISCIPLINARY ACTION (Officer Eric Schlerf)
Staff report was given by City Manager , Ray Windsor .
8
I
I
I
I
I
There will be a closed session on Friday, March 31 , 1989 at
4 p .m. to discuss this item with Council in a closed session
for personnel matters. Councilwoman Mackey will be out of
town so Mr . Windsor will meet with her on Thursday to go
over the issues and to set a date for the hearing .
Tonight ' s meeting will be adjourned to this closed session
on March 31 , at 4 p .m.
4. ARBOR DAY TREE PLANTING
Staff report was given by Andy Takata, Parks, Recreation and
Zoo Director .
Following discussion by Council it was decided that the tree
should be planted in the City parking lot.
5. DISCUSSION RE: SKATEBOARDING
Staff report was given by Ray Windsor , City Manager . He
suggested that Council refer this to the Parks and
Recreation Commission to allow them to hold a form of
hearing. Also it will be discussed as part of the
subcommittee meeting with the School District on Friday.
There was no public comment .
MOTION: By Councilwoman Mackey, seconded by Mayor Borgeson to
refer this to the Parks and Recreation Commission with
a recommendation to the City Council . Passed
unanimously.
D INDIVIDUAL DETERMINATION/AND OR ACTION:
1 . CITY COUNCIL
a. Tree Ordinance revisions set public hearing date
City Manager Ray Windsor gave the staff report .
Mayor Borgeson stated that she would like this item
continued to the next regular council meeting and put
on as a regular agenda item.
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey ,
to continue this item to the next regular council
meeting . Passed unanimously.
Mayor Borgeson asked when items go out to bid in the city,
such as the pavilion, is there any way that we can have our
local contractors have-a better chance at getting a bid
awarded to them?
9
I
I
City Attorney Jeff Jorgensen said it isn ' t easy to put
something in for local preference but will look into it .
Paul Sensibaugh , Public Works Director , reminded Council
that we adopted what we call a cost accounting bid
procedures through the State Controller ' s Office.
Meeting adjourned at 11 p .m. to a closed session on Friday, March
31 at 4:00 p .m. for discussion of personnel matters.
MINUTES RECORDED BY:
BOYD C. SHARITZ, CITY RK
PRE PAR D BY:
C �
RG` RAM EZ, D PUTY CI CLERK
II
I
f
f
I
I
I
I
L
I
I
I
I
10