Loading...
HomeMy WebLinkAboutPublic Notice 053089 SPECIAL MEETING ATASCADERO CITY COUNCIL NOTICE IS HEREBY GIVEN that the Atas,cadero City Council will meet in special open session at 3 : 00 p.m. , Tuesday, May 30, 1989 in the City Manager' s Office, 6500 Palma Ave. , Rm. 207 to con- sider acceptance of Final Tract Map 42-87 , 6875 Tecorida, Atas- I cadero. BOYD SHARITZDep(. lerk DATED: May 24 , 1989 by: A M Eity Cl rk II I I DMA ETt � . ATASCADERO CITY COUNCIL SPECIAL MEETING MINUTES 3:00 P.M. , MAY 30, 1989 The Special Meeting of the Atascadero City Council was called to order at 3: 15 p .m. by Councilwoman Mackey. ROLL CALL: Present: Councilmembers Shiers, Lilley and Mackey Absent : Councilman Dexter and Mayor Borgeson Staff Presents Ray Windsor , City Manager ; Paul Sensibaugh , Public Works Director ; and Steve DeCamp , Senior Planner , Community Development Department. 1 . ACCEPTANCE OF FINAL TRACT MAP 42-879 6875 TECORIDA (Wood- glen Development/Cuesta Engineering) (Continued from 5/23/89) City Manager , Ray Windsor said he wanted to apologize since he was not at the Council Meeting last Tuesday. He would like to believe that there was some misunderstanding that he could have been a party to clearing up . The following morning he was approached by the Community Development Director , Henry Engen, about the possibility of having the Council act on this before the next regular Council Meeting . He is responsible for asking for a special meeting which he did after consultation with each member of the Council here. What is being asked is that the Council find that this final map is in conformance with the Conditions of Approval of the tentative tract map which has been attested to . Steve Decamp , Senior Planner , stated that all of the Conditions of Approval have been met by the applicant and the final map is before the Council for their approval . Paul Sensibaugh , Public Works Director , said he had nothing further to add to what has already been stated . Councilman Shiers stated that he wanted to make it clear that his was a vote to continue the item, it was not a vote to deny the final approval of the tract map . The legislative body in fact does not have the right to deny the final tract map , if the final tract map is in substantial compliance with the approved 1 0 tentative map and there was testimony that in fact was so . However , there were some concerns raised about the tract map , that is why it was pulled from the consent calendar . We do have a system of checks and balances, the City Council could not simply deny the final approval , that ' s one of the checks and balances that exist . But we do have the right to continue an issue if we feel that it warrants further study. In this case it was an item (a tentative tract map ) that a majority of the City Council had not voted on previously and at least one of the City Council members who had voted on the tentative tract map voted against it . For that reason he felt that there were some concerns and it should be brought before the full City Council so that everybody could have a last chance before finally approving this. Specifically he did not feel that this was a run of the mill item on the consent calendar , what we had here was a fairly high density development located in a flood hazard zone and there are some safety issues that could be raised with that . There are also other maps in that general area that have come before the council that indicates that there are some underline gas lines in the general area not going right under this map , but down around the Atascadero Inn and in the general area, there are at least two underline gas lines going through that area. His reason for wanting to continue this before the full City Council was to make sure that all of the Councilmembers including the one absent (Dexter ) were satisfied that we could go ahead and approve this final tract map and all of the public safety concerns had been addressed . He felt that there would be more than three people here for this special meeting , he did not know the Mayorwouldbe absent at the time that this meeting was requested . Councilman Lilley commented that he did not vote to approve the tentative tract map . It is his understanding of the law, however that the only issue is whether there has been compliance with the Conditions of Approval and if in fact there has been, this, body does not have the discretion, legally or any other way, without breaking the law, to deny the approval of the final tract map. The only issue there is whether they have complied with the conditions set forth by the City. Staff has been very clear , that to their knowledge, there has been full compliance with those Conditions of Approval . He has no knowledge other than that , and therefore it seems that the Council is faced with a ministerial responsibility at this point; mandated by law that Council approve the tract map . And to delay doing that , in his understanding , is to needlessly delay the applicant in having that which he is legally entitled to , which is the final map approved by the City. Based on that , he voted in support of the map and recordation. He thinks it probably very appropriate that we not delay without cause our final approval of the map . Absent somebody saying that there is non-compliance with the conditions, which is not an issue that was raised at the public hearing , nor is it one that he is aware has arisen since then. 2 • 0 Councilwoman Mackey said she had not heard of any non-compliance so it had been her understanding that Council could not vote against a final map . She brought that up that night but it didn ' t do any good . She thinks that Council should have raised some questions before the meeting if they had some questions and continued it at that time, going into the meeting , instead of at the time of the vote. We are here now for one job . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to approve the final tract map for Map 42-87, 6875 Tecorida. Passed unanimously by roll call vote. MEETING ADJOURNED AT 3:25 P.M. MINUTES RECORDED BY: BOYD C. SNARITZ, CITY CLOW- PREPPAED BY: r RGI RAM EZ, A TING DEPUT CITY CLERK 3