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HomeMy WebLinkAboutMinutes 072589 MEET =?L.L-L OA y 8 (*MINUTES APPROVED BY COUNCIL, AS WRITTEN, 8/8/89.) ATASCADERO CITY COUNCIL MINUTES JULY 25, 1989 The regular meeting of the Atascadero City Council was called to order ate-- 7:00 p .m. by Mayor Dexter , followed by the Pledge of Allegiance. ROLL CALL: All Present : Councilmembers Borgeson, Lilley, Mackey, Shiers and Mayor Dexter . Staff: Ray Windsor , City Manager ; Henry Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Andy Takata, Director of Parks, Recreation and Zoo; Chief Hud McHale, Police Department ; Chief Mike Hicks, Fire Department ; Mark Joseph , Administrative Services Director ; Jeff Jorgensen, City Attorney. COUNCIL COMMENTa Councilwoman Mackey introduced her guests, Takamitsu Osada, who is visiting from Japan and her grandson, Steven Hood . COMMUNITY FORM: Nonce A CONSENT CALENDARS II 1 . JULY 11 , 1989 CITY COUNCIL MINUTES I 2. FINANCE DIRECTOR'S REPORT - JUNE 1989 3. CITY TREASURER'S REPORT — JUNE 1989 4. TENTATIVE PARCEL MAP 21-889 8400 ATASCADERO AVE. , (Watson/Cuesta Engineering ) 5. FINAL PARCEL MAP 08-87, 8660/8700 COROMAR (Silverstein/ Barbieri/Volbrecht Surveys) 6. FINAL TRACT MAP B-88, 9180 SANTA LUCIA RD. (Key/Morris/ Cuesta Engineering ) City Manager, Ray Windsor , stated that Item #5 should read FINAL instead of TENTATIVE parcel map . i i MOTION: Made by Councilwoman Mackey, seconded by Mayor Dexter to approve Consent Calendar items A 1-6. Passed unanimously by roll call vote. B. HEARIN S/APPEARANCES: 1 . CONSIDERATION OF A REQUEST TO REMOVE A HERITAGE TREE, 5405 OLMEDA (Pearson) Staff report was given by Henry Engen, Community Development Director with the recommendation for approval of the tree removal as recommended by the Arborist . Kirk Pearson, applicant , stated originally they wanted to keep the tree, but when they got down to consulting with the general contractors, they all warned him that the placing of the tree was too close to the foundation. Contractors said that due to the surface roots from that particular type of tree it would be advisable to remove the tree. MOTION: Made by Councilman Dexter , seconded by Councilman Lilley for approval of request to remove a heritage tree at 5405 Olmeda. 2. APPEAL BY THOMAS MCNAMARA OF PLANNING COMMISSION DENIAL OF THE PROPOSED DIVISION OF A 7.0 AC. LOT INTO FOUR LOTS RANG - INS FROM 1 .55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) (Cont ' d from 7/11/89) Councilman Lilley stated that he wished to be excused on this item due to a possible conflict of interest . Mayor Dexter asked City Attorney, Jeff Jorgensen, to give a brief background on this item. Mr . Jorgensen stated that on July 11th a public hearing had been held on the appeal of the planning commission ' s denial . The public hearing on that appeal was closed and the Council voted on the appeal which resulted in a 2:2 tie with one member of the Council refraining from participation because of a potential conflict of interest;. The practical effect of a 2:2 tie is no action and unless one or more members of the Council want to reconsider and change their vote, a 2:2 tie would have the effect of constituting no action on the appeal. Therefore the appeal would fail and the action of the Planning Commission denying the parcel map would be upheld . After considerable discussion amongst the Council members no one desired to change their previous vote. 2 I I I I Tom McNamara the applicant thanked the Planning Division staff for their consideration and work they have done on this project . He feels that he meets the criteria of the general plan and the zoning ordinance and has agreed to the conditions of the staff and basically to the conditions imposed by the Council before their last vote. The fact that the houses are moved out to the edge of the hill is at the request of both Planning Commission and the City Council , he didn ' t do that because he wanted to . It was done to get 60 feet between the houses. The Fire Chief had no problem with the plan or the site. The staff ' s conclusions were that the design of the proposed subdivision is in conformance with the City ' s General Plan and coning Ordinance. The Planning Commission ' s findings are as follows: The proposed map is inconsistent with the applicable general or specific plan. This is in direct opposition to what the staff found. The design and/or improvement of the proposed subdivision is inconsistent with the applicable general or specific plan. Diametrically opposed to what the staff found . The site is physically unsuitable for the proposed type of development. The site is physically unsuitable for the proposed density of the development . That is in opposition to the zoning ordinance and the general plan. These findings on the part of the Planning Commission in his opinion are arbitrary. He feels that they have no basis for the conclusions they came to . He has abided by the law, the City Ordinance and paid his fees for an application and this appeal and has not exerted pressure on anyone (Planning Commission or City Council ) . Mayor Dexter stated that since there is no change of vote that this indicates that the 2:2 decision of the last meeting that no action is taken and the denial of the Planning Commission has be upheld by the City Council : 3. RESOLUTIDN NO. 54-89 - CONFIRMING THE COSTS OF WEED ABATE— MENT Staff report was given by Fire Chief Mike Hicks with the recommendation that the administrative fee for weed abatementchargesbe set at 40%, and fees as shown on the attachments be accepted . Also that administrative fees for the program next year be increased to 100% to fully recover direct costs to the City for administration and enforcement of the weed abatement ordinance: There was no public comment . Council discussion followed . 3 0 • MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to approve Resolution No . 54-89. Passed unanimously by roll call vote. 4. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of council ) (Cont ' d from 7/11/89) Staff report was given by Henry Engen, Community Development Director with the recommendation for approval of the attached Interim Ordinance No . 196 89 with such refinements as the Council may desire - on an urgency basis and to schedule a public hearing for August 22, 1989 to consider possible extension of the ordinance for up to 22 months and 15 days. jIn response to questions from Councilman Lilley, Mr . Engen endorsed the "Conditional Use Permit Alternative Ordinance which gives the City review control without creating a large I number of non-conforming uses. Council discussion followed . I Mayor Dexter opened this item up for public comment . Joe Grisanti commented that he was not in favor of this urgency ordinance. He asked what would happen if he were to sell his store in the near future, would you delete that as a hardware operational corner? John Himes, President of the BIA, stated they do not feel that there is any kind of emergency and do not feel that there is any ordinance of an emergency nature necessary downtown. However , if the Council feels that it is necessary, then he strongly recommends that we do go to the conditional use permit process, because there are many, many uses that are either downtown now or could be downtown that would be arbitrarily struck by ,lust going through and lining out these things. More study needs to go into this before any decision is made as to what is or is not allowed . Whitey Thorpe said he was not in favor of this urgency ordinance. Anne Marie Kirkpatrick said that Council had not addressed Mr . Grisanti ' s question as to new ownership if he were to sell his property. _4 0 • City Attorney Jeff Jorgensen responded that provided the business remained in operation during the period of sale there would not be any problem--only if the business closed for a period of 6 months. Dennis Bryant stated he does not feel that the City needs an urgency ordinance of this type. Shirley Moore stated that she noticed today that there are vacant properties in the Atascadero BIA area. We should encourage new businesses to this area. Doug Lewin cautioned the City Council on adopting an ordinance such as this . The City of Fresno is moving away from what the City of Atascadero is moving into . Council discussion followed . MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to read Ordinance No . 196 with the "CUP Alternative" by title only. Passed unanimously by roll call vote. MOTION: By Councilwoman Mackey, seconded by Councilman Lilley adopt Ordinance No . 196 with the "CUP Alternative" including Council findings 1-5. Passed unanimously by roll call vote. At this time Mayor Dexter requested a 10 minute break . Meeting reconvened at 8:32 p .m. C. REGULAR BUB I NESS: 1 . CONSIDERATION OF AMENDMENT TO CITY ATTORNEY'S CONTRACT Staff report was given by City Manager , Ray Windsor , Council discussion followed . It was the consensus of the Council to approve the City Attorney ' s attending Planning Commission meetingsanan "as needed" basis as determined by the City Manager , Community Development Director and Planning Commission Chairman: 2. RESOLUTION NO. 55-89 - ADOPTING THE FY 1989-90 PROPOSITION 4 SPENDING LIMIT. Mark Joseph , Administrative Services Director , gave the staff report . MOTION.• By Councilwoman Mackey, seconded by Councilman Shiers to approve Resolution No . 55-89. Passed unanimously by roll call vote, 5 3. RESOLUTION NO. 56-89 — ADOPTING THE FY 1989-90 BUDGET AND APPROPRIATING FUNDS THEREOF Mark Joseph , Administrative Services Director , gave the staff report . MOTION: By Councilman Lilley, seconded by Councilman Shiers to approve Resolution No . 56-89. Passed unanimously by roll call vote. 4. AWARD SANTA ROSA/EL CAMINO REAL SIGNAL BID & AUTHORIZE CONTRACT Staff report was given by Paul Sensibaugh , Public Works Director with the recommendation that Council award the bid to the lowest responsible bidder and direct staff to enter into a contract with the selected contractor . I Motion: By Councilwoman Borgeson, seconded by Councilwoman Mackey to award the bid to Lee Wilson Electric as the lowest bidder to perform the work . Passed unanimously by roll call vote. 5. SELECTION OF ARCHITECT - ATASCADERO LAKE PAVILION Staff report was given by Andy Takata, Director r of Parks, Recreation and Zoo with the recommendation to direct staff to negotiate with Recreation Systems, Inc . for Architectural and construction plans of Atascadero Lake Pavilion Building and site supervision with the Master Plan of Atascadero Lake Park not to exceed $60,000. Council discussion followed . MOTION: H Councilman Lille seconded b Councilman Shiers to Y Y� Y negotiate with Recreation Systems, Inc . and return to Council with an Agreement with Recreation Systems. Failing the ability to do this, to proceed with negotiations with McCarthy, Kuentzel and Henderson. Passed unanimously by roll call vote. b. SELECT DATE FOR INTERVIEW OF APPLICANTS TO PLANNING COMMIS- SION VACANCY Consensus of the Council was that the date of the interview will be August 11 beginning at 2 p .m. Staff was directed to notify applicants regarding the time of their appointments. I b I 0 D. INDIVIDUAL DETERMINATION AND/OR ACTIONP 1 . City Council A. Committee Reports - none B. Request to consider adoption of a Growth Control Ordinance Councilwoman Borgeson stated that this was triggered by what is being considered by the County. The Board of Supervisors will be discussing the GROWTH MANAGEMENT STRATEGIES AND POLICIES FOR THE FUTURE OF SAN LUIS OBISPO COUNTY on Wednesday, July 26th . This document was received by the members of the Council. Council discussion followed . An interim committee was formed with City Attorney, Jeff Jorgensen, City Manager , Ray Windsor , Community Development Director- , Henry Engen, Councilmembers Alden Shiers and Robert Lilley serving on this committee to go through this document to see where Atascadero fits in as it is related to the General Plan. At this time Mayor Dexter opened the discussion to the public . Jim. Herman said he believes San Luis Obispo County did a good thing with this growth initiative. He have good air quality here now in Atascadero , also enough water . Nature is trying to show us that we can' t live above our means -- there is only so much of San Luis Obispo County to go around . We have to say that we are going to have to limit the amount of people who come into our town and our county. He commends Atascadero for taking the initiative to do it; Whitey Thorp stated all we need to do to accommodate a great many people like E .G. Lewis planned for this city, is get on with our business, develop our resources that we have and allow room for people to build , put in businesses so our children will have a place to make a living so they will not have to move away from Atascadero . Ray Usom believes that someone from the private sector should be included on the committee that the Council had appointed earlier in this discussion. Carol Ball feels that many people are aware that the prices themselves have limited growth for ownership in many ways. To buy a lot in Atascadero is $100,000 and more. For acreage it is well over $125,000. That in itself limits growth for many people who cannot afford to be a property owner of a nice parcel in Atascadero . If a growth control ordinance means that we are going to have less building are we infringing on property rights 7 of others? People who have bought property in Atascadero with the idea of having some kind of investment in a nice community in the future. Mayor Dexter stated that an ordinance is not being proposed at this time. Jim McCutchen commented that he feels that this Council in the past years has done a lot towards growth management and today getting a lot split is tougher than its been in ten years, if possible at all . Look at the fact that we have a lot of lots in town and continue to allow them to be built on. The building industry has supported this town for a long time. Doug Filipponi said he appreciates that the Council is addressing growth management . The greatest thing that Council or Committee can do is not to instill a fear into the public about "growth" control . Mayor Dexter closed for public comment . City Council comments followed . The consensus of the Council was to appoint the Committee as discussed above with Henry Engen, Ray Windsor , Jeff Jorgensen, Alden Shiers and Bob Lilley serving on this committee. MEETING ADJOURNED AT 9:25 P.M. MINUTES RECORDED BY: BOYD C. ARITZ, CITY ERK PREPARED BY: �G,E �XA -R�WfREZ, CTINGDE TY CITY CLERK 8