HomeMy WebLinkAboutMinutes 112889•
ATASCADERO CITY COUNCIL
MINUTES
NOVEMBER 289 1989
MEETX-NG AGENDA
DATE.�„� ITEM N A..
The regular meeting of the Atascadero City Council was called to
order at 7:00 p.m. by Mayor Dexter followed by the Pledge of
Allegiance led by Mike Hicks, Fire Chief.
ROLL CALLP
Present: Councilmembers Shiers, Mackey, Borgeson, Lilley
and Mayor Dexter
Staff Present: Ray Windsor, City Manager; Arther Montandon, City
Attorney; Henry Engen, Community Development
Director; Andy Takata, Director of Parks,
Recreation and Zoo and Lee Dayka, Deputy City
Clerk
Absent: Boyd Sharitz, City Clerk
COUNCIL COMMENTe
Councilwoman Borgeson stated she was pleased with the progress on
the Traffic Way Ballfield. She further announced that she had
received many calls from the public regarding the poor alignment
at Hotel Park Road and Capistrano Avenue. In addition, Ms.
Borgeson reported that others had made favorable comments about
the additional landscaping provided by the movie company during
the shooting of "My Blue Heaven" and proposed that the City
budget monies toward the improvement of landscaping around City
Hall.
PUBLIC COMMENTSs
Mrs. Gail Mudgett, 3125 Ardilla Road, read the attached statement
(Exhibit A) regarding the proper noticing of City legislative
meetings.
Dolores Berry, 6955 Balboa Road, read a statement prepared by her
husband, James A. Berry (Exhibit B), urging enforcement of all
ordinances with particular reference to Zoning Ordinance 9-4.148
(Drainage). Mr's. Berry stressed immediate attention be given to
her and her husband's appeals to correct multiple violations in
their area and stated that she hoped legal action would not be
necessary.
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A. CONSENT CALENDARm
1. NOVEMBER 840 1989 CITY COUNCIL MINUTES
2~ TENTATIVE PARCEL MAP eO-88w 10450 MORRO ROAD - Consideration
of Planning Commission recommendation to deny proposed lot
split of 33.13 ac. into two lots of 28.0 and 5.13 acres
(Evans/Stewart)
Ray Windsor, City Manager, requested that a correction be made to
Page 3 of the Minutes of November 28 (reference made to attorney
Elizabeth Scott -Graham).
MOTION: By Mayor Dexter and seconded by Councilwoman Mackey to
approve the Consent Calendar, Minutes amended; passed
unanimously by roll call vote.
B. HEARINGSIAPPEARANCESs
1. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREEn 5550
TRAFFIC WAY ("The Oaks") (Cont'd from 10/30 and 11/14/89)
Public Comments
Linda WoIfrank, 5561 Tunitas, spoke in opposition of the tree
removal, stating that landscaping at "The Oaks" had not yet been
completed.
Doug Lewis, P.O. Box 1017 in Atascadero, also opposed the
request.
Council discussion followed. Councilwoman Borgeson observed the
tree may only need pruning. Councilwoman Mackey suggested
waiting to decide on the tree removal until after the landscaping
had been brought into conformity. Councilman Lilley declared
that the Council could not hold the tree hostage for compliance
with prior conditions. He additionally questioned the liability
problem of the tree and asked that the matter be referred to
Public Works.
MOTIONm By Councilwoman Borgeson to direct staff to see that
the subject site is in conformance with the Landscape
Plan and ask the landlord to prune the tree. Motion
died for lack of second.
MOTIONs By Councilwoman Mackey and seconded by Councilwoman
Borgeson to continue the item one additional meeting
and direct staff to review the CC&R's; passed
unanimously.
ff-W
2° CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREEw 8250 LOS
OSOS ROAD
Henry Engen gave staff report indicating the appropriate marking
had been made and recommended approval with a 2:1 replacement.
The applicant was not present. Council discussion followed with
Councilman Lilley and Mayor Dexter supporting the request.
Councilwoman Mackey stated that she believed there was more
going on here than what was shown. Councilwoman Borgeson
disagreed that there was a danger to animals. She further
requested that Lisa Schicker, City Arborist, be present at City
Council meetings when tree removal requests are being heard.
Henry Engen responded to Council questions regarding whether
another homesite would be allowed on this property.
Public Comments
George Luna, 10600 San Marcos and speaking as an individual,
stated that if allowed, the tree would survive us all.
Dolores Berry, of Atascadero, spoke in support of tree protection
and thanked the Council for its' serious consideration of this
request.
MOTIONm By Councilwoman Borgeson and seconded by Councilman
Shiers to deny the request to remove a heritage tree at
8250 Los Osos Road; passed 3:2 with Councilman Lilley
and Mayor Dexter opposing.
3= TENTATIVE PARCEL MAP 16-89 n 9350 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)
(Con'd from 10/10, 10/38 and 11/14/89 Council Meetings)
A. City Attorney's response to Elizabeth Scott -Graham's
letter of October 17, 1989
City Attorney, Art Montandon, read a portion of his November 22,
1989 memo to the City Manager which stated that the environmental
review is legally adequate, that there is little, if any,
evidence to overturn City staff's determination and that the City
Council may approve this project.
Lengthy Council discussion followed regarding fire service
response time to the area. Councilwoman Borgeson stated that
this was an irresponsible lot split which would provide
inadequate safety to future residents. Councilman Lilley stated
that the Council cannot deny simply because the property is out
of the City's current emergency response area. He reiterated
01
that the General Plan allows construction outside the five-minute
response time and that other requests of this type have been
granted.
Comments:Public
Gail Mudgett stated that a geological report is needed.
Robert Nimmo, 7375 Bella Vista Road, stated that it is the
City's responsibility to provide municipal services and that that
obligation is not currently being met.
Phillip Baldner, civil engineer for Volbrecht Surveys
(representing applicant) and a resident on Mananita Avenue in
Atascadero, referred to the sewage problems on his street as an
example of a cumulative affect problem. He spoke in support of
the project and urged the Council to make a decision stating
emergency response time is not an issue and that there is not a
single finding to warrant denial.
Further discussion ensued on the issues of City growth and public
safety.
MOTIONs By Mayor Dexter and seconded by Councilman Lilley to
approve TPM 16-89 according to the recommendations of
the Planning Commission; passed 3:2 with
Councilmembers Borgeson and Shiers voting in
opposition.
Mayor Dexter called a recess at 8:35 p.m. The meeting reconvened
at 8:48 p.m.
u»° TENTATIVE PARCEL MAP 7-899 7000 SAN PALO ROAD -
Reconsideration of proposed subdivision of one 7.0 ac.
parcel into four lots of 1.55, 1.60= 1.65 and 2.2 acres
<McNamara/Cuesta Engineering) (Reference 7/11 and 10/30/89
Council Meetings)
Councilman Lilley announced that he had a conflict of interest
and excused himself from discussion and action.
Henry Engen gave staff report explaining proposed revisions.
Council discussion followed with respect to setbacks.
Comments:Public
Attorney Roger Picquet, representing Thomas McNamara, submitted
his letter of November 28, 1989 to the City Council (Exhibit C)
asking that they note the significant compromise on the part of
the applicant and vote favorably for approval.
John Faulkenstein, of Cuesta Engineering, explained the intent of
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the revised setbacks and availed himself for further questioning.
MOTION: By Mayor Dexter and seconded by Councilwoman Mackey to
approve the Appeal of TPM 7-89 with revised Conditions
of Approval; passed unanimously 4:(] (Councilman Lilley
excused).
Mr. Picquet thanked the Council for reconsideration.
C. REPULAR BUSINESSo
1° ATTORNEY SERVICES CONTRACT -~ ART MONTANDON
The City Manager presented the Draft Attorney Services Contract
making special note of Page 4, Section 3: Termination of
Contract; which dictates a sixty-day notice requirement. Mr.
Windsor answered additional questions from the Council regarding
the Contract.
MOTIONm By Councilwoman Mackey and seconded by Councilman
Lilley to approve the Attorney Services Contact; passed
unanimously by roll call vote.
Mayor Dexter welcomed Mr. Montandon to the City staff.
2~ CONSULTANT SERVICES RECOMMENDATION _ FIRE MASTER PLAN
Chief Hicks gave staff report with recommendation to authorize
the City Manager to enter into an agreement with Hunt Research
Corporation for the purpose of developing a city fire and
emergency medical master plan. He noted that Hunt was not the
lowest bidder, but had come in as the second to the lowest and
explained that it was the firm's qualifications that the
selection committee was most impressed with. The Fire Chief
further announced the estimated date of completion as March of
1990.
Councilmembers Shiers and Mackey supported the selection,
expressing that Hunt Research is local and well-qualified to
prepare such a plan.
Comment:Public
Alan Filmore, 7453 Balboa and representing the lowest bidder,
'
disclosed his disappointment at not being interviewed. He
reported that he was also local and well acquainted with the
particular needs of this community. Mayor Dexter replied that he
would personally contact Mr. Filmore at another time to discuss
the matter.
5
MOTIONm By Councilman Shiers and seconded Councilwoman Mackey
to authorize the City Manager to enter into an
agreement with Hunt Research Corporation for the
purpose of developing a city fire and emergency medical
master plan, in an amount not to exceed $19,900; passed
unanimously by roll call vote.
3. CONSIDERATION OF REQUEST BY GEORGE HIGHLAND TO AMEND
ORDINANCE NO. 101 RE: PLANNING COMMISSIONER TERMS
George Highland, 7275 CarmeIita Avenue and appearing on his own
behalf, presented his proposal for changes to Ordinance 101. He
briefly explained the three major modifications: 1) a designated
staggering of terms, 2) delaying appointment dates from August
until September and 3> removing the requirement of resignation
prior to running for public office. Mr. Highland commented that
he believed the changes would provide more continuity to the
Commission and asked that the Council refer the proposal to staff
for legal perusal.
Brief Council discussion followed with Mayor Dexter expressing
his support of the request.
Comments:Public
Mike Arrambide, representing the Atascadero Chamber of Commerce,
spoke in support of the concept.
Robert Nimmo asked that the Council follow the precedent set by
other legislative bodies and not ask commissioners to step down
if they seek higher office.
Barbara Reiter, 10150 San Marcos Road, spoke in support of the
staggered appointments.
John Himes, 210 Carmelita Avenue, commended the proposal stating
that she believed it was well -thought out and urged the Council
to adopt the revised ordinance.
Councilman Lilley expressed his support of creating more
continuity within the Commission and stated he felt the revisions
were appropriate.
The Council agreed to refer the concept to the City Attorney to
draft in ordinance form.
D. REQUEST TO SET SPECIAL MEETINGw RECOMMENDED TO BE HELD AT
300 P.M. THURSDAYv NOVEMBER 309 19890 4TH FLOOR CLUB ROOMw
FOR THE FOLLOWINGs
resulting from appraisals by Dennis E. Green, Inc.
(Closed Session) (Verbal)
2. Status of land sale at San Benito & Highway 101
(surplus property and proceed with appraisal (Closed
Session) (Verbal)
3. Request to reaffirm city -owned lot on Sycamore Rd. as
surplus property and proceed with appraisal (Open
Session)
4. Status of management, mid -management and and
confidential employee agreements for 1999-1990 (Closed
Session)
The Council agreed to set the meeting as above with the time
being changed from 3:00 to 3:45 p.m. at the request of Councilman
Shiers.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council:
A. Committee Reports
1. City/School Committee - Mayor Dexter announced
meeting date of November 29 1989 at 1:00 p.m.
2. North Coastal Transit - Mayor Dexter stated there
was no report.
3. S.L.O. area Coordinating Council - Councilwoman
Borgeson announced an important workshop/meeting
set for December b, 1989 in the Board of
Supervisors Room of the County Government Center.
4. Traffic Committee - Councilwoman Mackey announced
meeting date of November 29, 1989.
5. Solid/Hazardous Waste Management Committee -
Councilwoman Mackey announced meeting date of
November 29, 1989.
b. Recycling Committee Councilwoman Mackey
announced meeting date of November 29, 1989.
7. Economic Opportunity Commission - Mayor Dexter
stated a meeting date was still to be set.
8. 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 Sub Committee - Mayor Dexter
announced that the Study Session was held November
21, 1989 and that the Council is now awaiting the
draft for public hearing. The City Manager
7
reported that the Drainage Plan was not discussed
at the session.
Comment:Public
Whitey Thorpe, of Atascadero, expressed his concern regarding the
"nothing to report" reports of various City Council committees.
Mayor Dexter responded that committees meet at varying times and
reports are given following those meetings.
2. CITY ATTORNEY
Mr. Montandon thanked the Council again for his appointment and
announced that he and his family had officially moved to
Atascadero.
3. CITY CLERK
Absent due to illness.
4. CITY TREASURER
Absent.
5. CITY MANAGER
Mr. Windsor announced that, following tradition, there would be
only one City Council meeting in the month of December, that date
being December 12, 1989. He proposed that the Council meet at
6:00 p.m. to allow enough time to hear all matters. He further
advised that all hearing items be heard after 7:00 p.m.
THE MEETING WAS ADJOURNED AT
NOVEMBER 28n 1989 AT 3n45 P.M.TO BE ADJOURNED TO A CLOSED
SESSION IMMEDIATELY FOLLOWING.
°
MINUTES RECORDED AND PREPARED BYs
LE9 AYKAj DEPUTY CITY, CLERK
Attachments: Exhibit A (Mudgett)
Exhibit B (Berry)
Exhibit C (Picqmet)
B
9m47 P.M. TO AN OPEN SESSION ON
Gail Lee Mudgett
3125 Ardilla Road
Atascadero, Calif
93422
November 28, 1989
Ladies and Gentlemen of the Atascadero City Council:
I shall read the statement I prepared for the meeting held on November 21,
but which I did not read. Since it was not completely read by our Mayor I
shall read it now, because it is more than ever pertinent! The point I wish
to make is that we not only must abide by our General Plan, but we must also
have a firm understanding of the California Brown Act, for both are absolutely
essential for coping with our public business and the implementing work of
our public officials.
I shall read my 21st statement:
Quote: When I heard about the combined meeting, I checked the City Library for
the Agenda, which should have been on display bn the table set aside for. City
Affairs. I checked again today and it was still not there!
I was able to get a copy of the January 1, 1989 copy of The Brown Act.
54954.2 says:
At least 72 hours before a regular meeting, the legislative.body
of the local agency, or its designee, shall post an agenda con-
taining a brief general description of each item of business to be
transacted or discussed at the meeting.
54954.1 also states:`
The legislative body of any district which is subject to the pro-
visions of this chapter shall give mailed notice of every regular
meeting, and any special meeting which is called at least one week
prior to the date set for the meeting, to any owner of property
located within the district who has filed a written request for such
notice with the legislative body.
There is no way the public can have any involvement without such fair
notice. Such notices should be posted in more than two places in
Atascadero.
In all fairness this combined meeting should be adjourned to a time when
the public shall be given full notice and full time for study and preparation
Thank you,
Gail Lee Mudgett
2
At that 21st meeting Mayor Dexter denied three times that there had been
any intention to have an unposted meeting of our legislative bodies, our
City Council and our Planning Commission. Mayor Dexter further protested
that it was an adjourned meeting and only a study session. Was he infer-
ring that there was no need of posting the meeting and the agenda?
Contact had been made with the City Clerk's office and the Pity Library to
check if the meeting was posted. It had not been. Following that meeting
contact was made with the Atascadero News and the Telegram -Tribune news-
papers. `there had been no posting. In addition to the four places that
were not posted I wish to call attention to the limited amount of space
afforded by the Ken Beck Hall.
I shall call attention to the Brown Act, the essential law which protects
the public's right to know their business, to participate with and to over-
see and work with their public servants, their elected officials.
Since the November 21st meeinar was a regular session for the Planning Com-
mission, Section 5494.2 requires that the place, time, and the agenda be
posted 72 hours before a regular meeting, and that no action shall be taken
on any item not appearing on the posted agenda.
For adjourned meeting
rs Section 54955 the requirements for notice are the
same as for special meetings. In addition, the copy of the order of adjour-
ment must be posted within 24 hours after the adjournment, at or near the
door of the place where the meeting was held.
Special meetings, such as study sessions, written notice must be sent to
each local newspaper of general circulation, or to radio, or televions
stations, which has requested the notice in writing. (Section 54952.3)
Excellent statements from citizens were read during that 21st meeting.'
Excellent ideas were advanced in the agenda. None should be lost. That
agenda and statements should be repeated at a well notified meeting.
Thank you,
Gail Lee Mudgett
MY NAME IS JAMES A IRRY
A. I HAVE A RESIDENCE 6955 BALBOA. "t ('�
HONORABLE MAYOR$ MEMBERS OF THE CITY COUNCIL, MEMBERS OF THE PLANNING
COMMISSION:
FIRST, MAY I WISH YOU THE GREATEST SUCCESS IN THE IMPLEMENTATION
OF YOUR FINDINGS AND RECOMMENDATIONS THAT YOU WILL ARRIVE AT IN THIS
AND FUTURE STUDY SESSIONS.
I MOST SINCERELY HOPE THAT YOU ADDRESS THE BURDENSOME ISSUES THAT
CONFRONT YOU AND THIS CITY WITH THE OPENESS AND UNDERSTANDING THAT THE
PEOPLE OF THIS COMMUNITY EXPECT THEIR OFFICIALS TO HAVE.
IIT IS MY FERVENT HOPE THAT YOU WILL VOTE FOR CHANGES THAT REFLECT
THE WISHES OF THE MAJORITY OF THE RESIDENTS OF THIS CITY. _
IT IS MY FERVENT HOPE THAT YOU WILL TURN A DEAF EAR TO THE CON-
STANT SUPPLICATIONS OF THOSE WHO WOULD HAVE YOU SET ASIDE THOSE GOVERN-
ING SECTIONS OF LAW THAT PROTECT US FROM THE MANY PIT -FALLS OF UNREGU-
LATED ACTIVITY.
I ASK YOU TO SEE THAT ALL SECTIONS OF THE CITY ORDINANCES ARE
ADHERED T09 WITHOUT EXCEPTION: AND IN MY PARTICULAR CASE, I ONCE
AGAIN COME BEFORE YOU AND ASK YOU TO ONCE AGAIN REVIEW TITLE 99 ZONING
REGULATIONS; PARTICULARLY 9-4,148: DRAINAGE:
I WILL NOT BURDEN YOU WITH ENDLESS RUOTES FROM THE GENERAL PLAN
OR OTHER PERTINENT RULES AND GOVERNING REGULATIONS. YOU ARE ALL FULLY
AWARE OF THEM. I WOULD ONLY ASK OF YOU TO HEAR THE PLEA OF ONE
CITIZEN, WHO, IN RIGHTEOUS ANGER COMES BEFORE YOU FOR REDRESS OF A
GREVIOUS WRONG BEING PERPETUATED UPON HIM AND HIS FAMILY ....... A VIOLATION
SO GRAVE AS TO THREATEN THE VERY HOME I LIVE IN AND TO MAKE UNBEARABLE
FUTURE EXISTANCE WITHIN ITS PROTECTIVE WALLS.
MY PROPERTY IS LITERALLY BEING PUT UNDER SEIGE BY NEW DEVELOPMENT,
NOT ONLY NEXT DOOR TO MINE BUT BY DEVELOPMENT THAT HAS BEEN GOING ON
SINCE THE ADOPTION OF THE GENERAL PLAN AND TITLE 9 ZONING REGULATIONS
BY THIS CITY IN MY AREA,
IN A DEVELOPING AREA OF OVER 200 ACRES OR MORE, MY PROPERTY, AND
MINE ALONE HAS BEEN SELECTED TO BEAR THE BRUNT OF ALL THIS ADDITIONAL
RUN OFF .... WITNESS THIS MAP WHICH TELLS IN GRAPHIC TERMS WHAT LIES IN
STORE FOR ME.
BUILDING AND INSTALLING LARGER DRAIN PIPES OFF THE PROPERTY AND
UNDER GRAVES CREEKS WHICH -LAUGHINGLY, HAS BEEN SUGGESTED; NOR WILL
CALLING MY PROPERTY A "WATERCOURSE" CHANGE ONE. IOTA THE DISASTOROUS
FLOW OF WATER ILLEGALLY DIRECTED ACROSS MY PROPERTY.
I ASK YOU TO, ONCE AGAIN ..REVIFW,PUR APPEALS AND CORRECT THE
..µ,ti
MULTIPLE VIOLATIONS COMMITTED BYO NOT ONLY THE OVER ZEALOUS DEVELOPER
BUT BY THE INDIFFERENCE AND, IN SOME CASES, ILLEGAL ACTIVITY OF
OFFICIALS AND STAFF WHO CHOSE NOT TO ENFORCE THOSE LAWS THROUGH
NEGLECT OR IGNORANCE. I ASK YOU TO ADOPT A DRAINAGE PLAN THAT
PROTECTS ALL CITIZENS OF OUR CITY FROM SUCH TERROR.
THANK YOU.
�-,-�-. Com''• ,
0 0 4k e-.,,
LAW OFFICES
LYON & PICQUET
ROGER LYON* 1104 PALM STREET TELEPHONE
ROGER PICOUET POST OFFICE BOX 922 (805) 541-2560
TELECOPIER
TIMOTHY J. CARMEL SAN LUIS OBISPO, CALIFORNIA 93406 (805) 543-3857
•A LAW CORPORATION
November 28, 1989 It ff t* Lr I V 96
rcv2a1
OVIKAWN
City Council
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Re: Tentative Parcel Map 7-89 (7000 San Palo); McNamara
Dear Honorable Mayor and Council:
The staff report for this item on tonight's agenda (B-4) accurately
represents the status of this application.- Mr. McNamara has
responded to issues raised by both the Planning Commission and
Council by making modifications to the original application which
result in a better project for all concerned. In addition, the ap-
plicant is agreeable to the revised conditions set forth in the
draft resolution of approval.
The net effect of the discussions that have ensued since this
matter was last before you is a revised tentative parcel map
application with many of the characteristics of a much more
rigorous process (e.g. a planned development or conditional use
permit). Mr. McNamara has agreed to the proposed revised condi-
tions because he recognizes that, among other things, they are
designed to enhance the ultimate development of these particular
lots as well as ensure maximum compatibility with surrounding
properties and uses.
As currently configured, this application meets or exceeds all
established standards. These standards are not mere guidelines
but are, in fact, the law of the State of California and the City
of Atascadero. The applicant has taken the earlier comments of
concern and "fine-tuned" this application to fully and fairly
address the merits of those concerns. We respectfully request that
i
•
0
City Council
City of Atascadero
November 28, 1989
Page 2
you act favorably on this application by granting approval with
conditions attached as recommended by staff.
Sincerely,
LYON PIC
—,::: � �
Roger icque
RP:ar