HomeMy WebLinkAboutMinutes 111489Approved as amended 11/28/89
ATASCADERO CITY COUNCIL
NOVEMBER 849 8989
The regular meeting of Atascadero City Council was called to
order at 7:00 p.m. by Mayor Dexter followed by the Pledge of
Allegiance led by John McNeil of Atascadero.
Mayor Dexter announced that he had received a proclamation signed
by Governor Dukmejian officially proclaiming November 19-25, 1989
as "Family Week".
ROLL CALLs
Present: CounciImembers Shiers, Mackey, Borgeson,
Lilley and Mayor Dexter
Staff Present: Ray Windsor, City Manager; Chief Bud McHale,
Police Department; Henry Engen, Community
Development Director; Gary Sims, Engineering
Department; Mark Joseph, Director of
Administrative Services; Boyd Sharitz° City
Clerk and Lee Dayka, Deputy City Clerk.
PUBLIC COMMENTSm
George Luna, 10600 San Marcos Road in Atascadero and speaking as
a private citizen, expressed his concerns regarding the public's
right to tape City Council meetings quoting both Atascadero City
Council Procedures Section 2-1-19 and the California Government
Code Section 54953.5. Council discussion followed and Mayor
Dexter referred the matter to the City Attorney.
Karen Coniglio, 7600 Graves Creek Road, read the attached
prepared statement (see Exhibit A) regarding the proposed road
construction in the Ardilla Road and Graves Creek Road areas.
Terril Graham, 6205 Conejo Road, spoke in support of the General
Plan. He urged the Council to fulfill the specific commitments
of the Plan.
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COUNCIL COMMENTS:
A. CONSENT CALENDARS
1. OCTOBER 309 1989 CITY COUNCIL MINUTES
2. CERTIFICATION OF NEGATIVE DECLARATION FOR PAVILION PROJECT
3. RESOLUTION NO. 82-89 - AUTHORIZE INSTALLATION OF STOP SIGNS
ON CAPISTRANO AT THE HOTEL PARK PROJECT
4. RESOLUTION NO. 83-89 - AUTHORIZE INSTALLATION OF STOP
INTERSECTIONS ON LISA AVE. AT AMARGON AVE. AND ON LISA AVE.
AT ARENA AVE.
5. NOTICE OF COMPLETION FOR THE CITY ADMINISTRATION BUILDING
RENOVATION - PHASE IIC
6. POLICE CAR PURCHASE (3) - FISCAL YEAR 1989-90
7. APPROVAL OF S.L.O. AREA COORDINATING COUNCIL JOINT POWERS
AGREEMENT (Cont. from 8/8/89 meeting)
8. ACCEPTANCE OF FINAL PARCEL MAP 23-859 5495 TRAFFIC WAY - To
allow the creation of two lots where three existed in the IP
(Industrial Park) Zone (Carroll/Stewart)
9. ACCEPTANCE OF FINAL TRACT MAP 12-889 6803 SANTA LUCIA ROAD -
To convert an approved, but not yet constructed, 9 -unit
apartment complex into residential condominiums
(Anderson/Messer/Cuesta Engineering)
10. REQUEST AUTHORIZATION TO UTILIZE JOHN L. WALLACE &
ASSOCIATES FOR SELECTED CITY ENGINEER SERVICES
Councilwoman Borgeson pulled item #1, the Minutes of the City
Council Meeting of October 30, 1989.
Irene Bishop, 7151 Serena, asked that item #3 be pulled for
discussion.
MOTIONS By Councilman Lilley and seconded by Councilman Shiers
to approve the Consent Calendar with the exception of
items #1 and 3 to be discussed separately; passed
unanimously by roll call vote.
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1. OCTOBER 30, 1989 ATASCADERO CITY COUNCIL MEETING MINUTES -
Councilwoman Borgeson asked that the minutes be amended to
reflect the omitted votes of Mayor Dexter and herself, as
well as include her own comments giving her reasons for her
vote.
MOTION= By Councilman Lilley, seconded by Councilwoman Mackey
to approve the amended minutes; passed unanimously.
3. RESOLUTION N0. 82-89 - AUTHORIZE INSTALLATION OF STOP SIGNS
ON CAPISTRANO AT THE HOTEL PARK PROJECT
Henry Engen, Community Development Director, gave staff report
with recommendation for approval stating that the Traffic
Committee had voted unanimously to approve.
Public Comment:
Irene Bishop, resident, was concerned that the people who are to
be affected most are not fully aware of this action and spoke in
opposition of the two stop signs.
Henry Engen answered questions of the Council and discussion
followed.
MOTIONS By Councilwoman Borgeson and seconded by Councilman
Lilley to approve Resolution No. 82-89; passed
unanimously by roll call vote.
B. HEARINGS/APPEARANCESS
1. TPM 16-899 9380 SANTA CRUZ - Subdivision of one parcel
containing approx. 9.63 ac. into two lots of 4.0 ac. and
5.63 ac. (Lobo Investments/Volbrecht Surveys) (Cont'd from
10/10/89)
Henry Engen gave staff report with recommendation to approve. He
added that the issue of emergency services to the fringe areas of
the City is one that is to be addressed under the Fire Services
Master Plan, which is currently out for proposals. Mr. Engen
respon d to Council questions in reference to a letter received
a orne
from / lizageth Scott -Graham XIM I X XIXX �IV
Ri9Tii(rXXXXXXXTNz: 3E� 7� h a t lno written opinion
has been rendered by legal counsel on this matter due to the
timing of Mr. Jorgensen's leave and the new City Attorney's
appointment.
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Councilman Lilley stated that he did not share the opinion of Ms.
Scott—Graham and was prepared to vote on the matter.
MOTIONm By Councilwoman Borgeson, seconded by Councilman Shiers
to continue the matter until the new City Attorney has
an opportunity to review the issue. The motion was
passed 4:1, with Councilman Lilley opposing.
Alan Volbrecht, representing the applicant, asked the Council for
a meeting date and expressed his concern to have this issue
resolved. November 28, 1989 was the date set for this
continuance.
2" CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREEw 12550
SANTA ANA (Sandel) (Cpnt'd from 10/30/89)
Henry Engen responded to Council questions regarding parcel size.
The Council complimented Lisa Schicker» City Arborist, on her
report.
MOTIONm By Councilwoman Borgeson and seconded by Councilman
Lilley to approve the removal of three trees located at
12550 Santa Ana; passed unanimously by roll call vote.
3° CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550
TRAFFIC WAY ("The Oaks") (Cont'd from 10/30/89)
Following a brief Council discussion regarding the proper tagging
of the tree, the City Manager stated that applicants must
identify trees not only for the Council's inspection, but to give
proper notice to the general public well in advance of the City
Council meeting.
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Public Comment:
Stephen LaSalle of Atascsdsero complimented the City Council for
the serious consideration of the tree ordinance and urged the
public to abide by the ordinance.
The Council discussed the possible alternative of pruning the
tree.
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MOTIONs By Councilman Shiers and seconded by Mayor Dexter to
continue this item; passed unanimously by roll call
vote.
4. ZONE CHANGE B-89 - 7715/7745 SINALOA ROAD
A. Ordinance No. 198 - Amending Map 17 of the official
zoning maps by rezoning certain real property at
7715/7745 Sinaloa from RMF/16 to RMF/16 (PD7)
(Jones/Cuesta Engineering) `
(FIRST READING: Recommend (1) motion to waive reading
of ordinance in full and approve Ord. No. 198 on first
reading - Roll call)
Henry Engen gave staff report with recommendation to approve the
Planned Development. Mr. Engen responded to Council questions
regarding lot size and density, setbacks, road size and parking
and recreational space.
Comments:Public
Deborah Hollowell, ofCuesta Engineering, appeared on behalf of
the applicant, Bruce Jones. Ms. Hollowell spoke in support of
the project stating that the applicant is trying to make use of
an approved zoning density and offer some alternative ownership
options. Ms. Hollowell responded to Council questions regarding
CC&Rs.
Bruce Jones, applicant, asked the Council to consider this not as
a growth issue, but rather one of occupancy and ownership of
residential buildings constructed under the multiple family
density standards of the zoning ordinance. He further described
the proposed benefits of the project.
Dorothy McNeil, of Atascadero, asked what the expected price of
the homes would be.
Lengthy Council discussion followed with the concensus that
although the Council was impressed with the concept and goals of
the development, six homes may be too many for this planned
development. Councilwoman Mackey raised the issue of no open
space area for children to play in. Councilman Lilley expressed
his concerns regarding property maintenance regulation.
Mayor Dexter reminded the Council that the Planning Commission
approved the development 7:0 and asked for a motion.
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MOTIONs By Councilwoman Borgeson and seconded by Councilwoman
Mackey to deny Zone Change 08-89 and refer back to the
Planning Department. The motion was withdrawn after
Henry Engen suggested an alternative in order to keep
the application alive.
MOTIONn By Councilwoman Borgeson and seconded by Councilwoman
Mackey to refer back to the planning Commission for re-
design; passed unanimously by roll call vote.
/
The applicant asked the Council for clarification of "re -design".
Mr. Jones stated that the way to provide more affordable housing
is to reduce lot size.
The City Manager asked the Council to give more clarification as
to how many homes they feel would be appropriate. Henry Engen
indicated he understood that the Council was looking for four or
five homes instead of the proposed six.
Councilman Lilley stressed the need for a maintenance agreement
that would mitigate the obligation of the homeowners to maintain
the frontageway along the easements and driveways of the homes.
Councilwoman Borgeson proposed four homes with an open space area
to provide a playground for the children. Henry Engen stated
that the Planning Department would look at the Young Project
density when they re -check.
Mayor Dexter called for a recess at 8:49 p.m. The meeting
reconvened at 9:06 p.m.
C. BEGULAR BUSINESSs
1° POLICE FACILITY PROJECT - BID RESULTS AND RECOMMENDATIONS
Mr. Windsor asked the Council to review the results of the bids
and award the contract, explaining that in order to maintain the
legality of the bid process, a decision needed to be made within
the 30 -day period from the date the bids were opened.
Rod Levin, architect, stated his support of the views and
recommendations of the staff and availed himself for questions.
Councilwoman Borgeson raised the question of relieving R.P.
Richards Construction Company from their bid. Mr. Windsor
recommended that Council accept all the bids, with the exception
of R.P. Richards. Mark Joseph, Director of Administrative
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Services, verified that a mistake had been made by R.P. Richards
and that they did, in fact, qualify for relief under Provision
51.03.
MOTION: By Councilman Lilley and seconded by Councilwoman
Borgeson pursuant to Administrative Provisions of the
Government Code Sections 51.00 et seq. to relieve R.P.
Richards from any obligations as a result of their
previously tendered bid to the City of Atascadero for
the Atascadero Police Facility; passed unanimously by
roll call vote.
Bud McHale, police Chief, stated that he would be open to
questions from the Council. Discussion followed regarding the
cost of a detention facility.
Councilman Lilley expressed his concern over the cost of the
facility, but granted if it is to be done, it should be done
right and doing it right means having a detention facility.
Rod Levin explained the alternative bids and answered questions
from the Council
Public Comment:
Larry Wilson, 7910 San Marcos, spoke in support of awarding the
contract and getting the project going.
Mike Tobey, 8193 San Dimas, enthusiastically encouraged the
Council to award the contract in its' entirety so that we may
provide the proper tools to our Police Department.
Morey Lane, 3105 ArdiIla Road, commended the Police Department
and recommended full approval as presented.
Councilman Lilley gave credit to the Police Chief for making the
project as affordable as possible.
Mayor Dexter urged the Council to accept the whole package and go
with it.
Councilmembers Shiers and Borgeson reported that they had
received calls from concerned citizens asking that the Council
consider some community volunteer assistance to help shave costs.
Discussion followed regarding this issue and it was the consensus
of the Council that this project be completed as a whole package
under professional leadership.
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MOTIONm By Mayor Dexter and seconded by Councilwoman Borgeson
to authorize City staff and the architect to negotiate
a contract with Larry Wysong Construction Company, Inc.
in a total project amount not to exceed $1,289,000;
passed unanimously by roll call vote.
Chief McHale expressed his appreciation and gratitude.
2. CONSIDERATION OF REVISION TO CONTRACTm SAN ANDRES DRAINAGE
PROJECT
Gary Sims, Engineering Department, gave staff report with
recommendations for approval. Mr. Sims and Mr. Engen responded
to questions from the Council.
Lengthy Council discussion followed regarding the cost of the
project, the necessity to abide by the Tree Protection Ordinance
and the need to have the City Arborist on the site to oversee the
project and give tree protection.
Mr. Windsor reminded the Council that they had a fiduciary
responsibility to the taxpayers in doling out funds.
Comment:Public
Whitey Thorpe, 8025 Santa Ynez, stated the City needs to abide by
its' own Ordinance, despite the cost.
Ursula Luna, 10600 San Marcos Road, stated that there should be
no exceptions to the Ordinance and expressed hopes that the Cit),
Arborist would be on the site.
Robert Nimmo, 7375 Bella Vista Road, asked the Council to observe
the Ordinance and give more consideration and tolerance to the
individual applicant.
George Luna, 10600 San Marcos Road and speaking as an individual
criticized the Public Works Department and stressed that
environmental review should be done before Council gives approval
to projects such as this.
MOTIONm By Councilwoman Mackey to proceed with the project
according to the plans and negotiate the hand -digging
around the trees with proper supervision and care of
the roots. Motion failed due to lack of second.
Further Council discussion followed.
B
Further Council discussion followed.
MOTIONS By Councilwoman Borgeson and seconded by Mayor Dexter
to authorize the project and to have Lisa Schicker,
City Arborist (or another arborist if she is
unavailable) on hand to supervise; passed unanimously
by roll call vote.
3. RESPONSE TO COUNCIL'S REQUEST TO REVIEW DEVELOPER FEE RATES
Mr. Joseph gave staff report and asked Council for authorization
to conduct a comprehensive in-house study.
MOTIONs By Councilwoman Borgeson and seconded by Councilman
Lilley to direct staff to conduct a comprehensive in-
house rate review and report the findings and proposed
adjustments to the Council as recommended in the staff
report; passed unanimously by roll call vote.
4. REQUEST TO SET JOINT MEETING WITH PLANNING COMMISSION AT ITS
MEETING OF NOVEMBER 210 19890 TO DISCUSS GENERAL PLAN
MATTERS
Mayor Dexter set the time at 7:00 p.m. and the place for the
meeting at the Ken Beck Building.
D. INDIVIDUAL DETERMINATION AMR/08 ACTIONS
1. City Councils
A. Confirmation of City Attorney Appointment
Mr. Windsor confirmed the appointment of the new City
Attorney and stated that an agreement between the City
and himself will be on the next agenda for
ratification.
Mayor Dexter introduced the new City Attorney, Arther
R. Montandon. Mr. Montandon thanked the Council for
the appointment and stated that he was looking forward
to working with the Council and the citizens of
Atascadero.
B. Consideration of revisions to Zoning and Subdivision
Ordinance (Councilman Shiers)
Councilman Shiers expressed the need for some changes
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Councilwoman Borgeson conveyed the concern of a citizen
to have the Sign Ordinance (with respect to City
businesses) tightened up.
1.
City/School Committee - Mayor Dexter reported that
a meeting has still yet to be established.
2.
North Coastal Transit - Nothing to report.
3.
S.L.O. Area Coordinating Council
4.
Traffic Committee - Nothing to report.
5.
Solid/Hazardous Waste Mgmt. Committee - Written
report submitted by Councilwoman Mackey.
6.
Recycling Committee - Written report submitted by
Councilwoman Mackey.
7.
Economic Opportunity Commission - Mayor Dexter
announced a meeting date.
B.
Finance Committee - Nothing to report.
9.
B.I.A. - Nothing to report.
10.
Downtown Steering Committee - Nothing to report.
11.
Interim Growth Management Committee - Nothing to
report.
12.
General Plan Subcommittee - Nothing to report.
��. CITY ATTORNEY
No report.
3. CITY CLERK
Mr. Sharitz reported that he was happy with the progress of
the new Deputy City Clerk and thanked Georgia Ramirez for
her help.
4. CITY TREASURER
Not present.
5~ CITY MANAGER
No additional comments.
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MEETING WAS ADJOURNED AT 10:50 P.M. TO JOINT SESSION WITH CITY
PLANNING COMMISSION ON TUESDAY, NOVEMBER 21, 1989 AT 7:00 P.M.
MINUTES RECORDED BYi
BOYD C. SHARITZ, CITY C
PREPARED BYs
LEE DAYKA, DEPUTY CITY CLERK
Attachment: Exhibit A (Coniglio)
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Karen K. Coniglio
7600 Graves Crk. Rd.
Atascadero, Ca. 93422
November 14, 1989
City Council of Atascadero
6500 Palma Ave.
Atascadero, Ca. 93422
Dear Sirs:
I am writing to you in regards to the proposed road construction
of Ardilla from Balboa to Graves Crk. Rd. and the future develop-
ment of that hill. At the present time this area is open space,
therefore I will refer to the sections of our city's General plan
which pertain to open space.
As you are well aware the general plan is likened unto the Con-
stitution of our beloved United States. It is our basis for gov-
erning our city. It gives us insight into the character of the
land we occupy as Atascadero. It also gives us rules to wisely
protect the people who live here. We are deeply indebted to the
many people who contributed much work and effort to make a guide
for us to follow in ruling our city's development. They saw great
need for responsible stewardship of this land of Atascadero. I
Quote to you a passage from page 47..."The right to use of land
is a privelege conferred by the community and includes responsibil-
ity for considerate stewardship." I hold the position that it was
definitely not -considerate of our city to allow Bill Barnes the
right to grade over the natural drainage of that hill and put the
residents below that hill in imminent danger should we receive a
heavy rainfall this year.
On page 51 under Land Use Policy Proposals #6 I quote..."High pri-
ority is placed upon open space as a land use element. This in-
cludes'.the.protection and preservatioft.of scenic areas, water
courses, hazard lands,hilltops, etc. that add much to the quality
of the rural atmosphere in Atascadero," I would like you to take
note of the words HAZARD LANDS, then to refer to page 57 #9 under
Residential Policy Proposals.
"Hazard areas ( geologic, landslide, flood, ets.) shall have
appropriate development standards."
This area is a`landslide area as pointed out in your own generotl
plan and assigned a specific number, landslide area V. Therefore,
This is a hazard area and should be under the.protection ofyouAir
own Land Use Policies as pointed out and quoted above.
Also, listed on page 58 under Residentioi Policy Proposals, we as
a city are further urged to preserve our "trees, watersheds, and
natural slopes and other natural amenities from abuse and destruc-
tion resulting from poor design and development practices." I
would like to inform you of the Random House Dictionary definition
of PRESERVE. " a= to keep alive or in existence, make lasting
b- to keep safe from harm or injury; save c- to keep possession
of, to retain.
A
Now, please refer to page 70 Preservation -Policy Proposals #1.
" Because water resources are the principal key to the survival
of whole plant and wildlife communities, the watershed areas of
Atascadero shall be allowed to continue to function without dis-
ruption."
The city has already acknowledged that it was poor practice to
allow Bill Barnes to do preliminary grading on the proposed Ardilla
Rd. It is also very poor practice not to reopen the natural
drainage or watershed ditches since the rainy season is here.
These natural drainage areas of landslide hill #7 should have
been "allowed to function without disruption." Let us stop this
disruption and destruction and use our own general plan as it was
meant to be used, as a guidebook to the development and preser-
vation of our beautiful city.
To delve further into the general plan, we find page 69 entitled
Open Space and Conservation. "Open space uses are defined by the
State of California as those necessary for public health and safe-
ty. ...#3 Open space. Principles Scenic and sensitive lands shall
be protect -ed from destruction, overuse and misuse." Hill #7 is
definitely sensitive and has definitely been misused be Bill Barnes
and the city that gave him permission to rough grade that road.
I will now quote page 71 "Open space for public health and safety
includes areas which require special management or vegetation be—
cause of hazardous or special conditions, such as earthquake fault
zones, unstablesoilareas.'.." Hill #7 is unstable soil, alluvium,
as stated un our general plan and is very hazardous soil in an
earthquake. Mrs. Mudgett has taken up this topic with you and
I feel no need to elaborate more on the topic for she has covered
it extensively.
Therefore, I conclude from reading Atascadero's general plan that
this area should remain open space and should be protected by the
city from future development. Your action will either ensure the
safety of many future citizens of Atascadero or ensure harm to come
to them at some future time. Which action will you take? Will
you be considerate stewards of the land we cull home?
Karen R. Conigli(
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