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HomeMy WebLinkAboutMinutes 042688 �ETMIG AGENDA DA REMN _.L (*MINUTES APPROVED BY COUNCIL, AS WRITTEN, 5/10/88Y ATASCADERO CITY COUNCIL MINUTES APRIL 26, 1988 The regular meeting of the Atascadero City Council was called to order at 7:35 p .m. , followed by the Pledge of Allegiance. ROLL CALL Present : Councilmembers Bourbeau, Mackey and Mayor Pro Tem Borgeson Absent : Councilman Handshy and Mayor Norris (arrived 9:07 p .m. ) Staff Present: Mike Shelton, City Mgr . ; Henry Engen, Commun. Dev. Dir . ; Paul Sensibaugh , Pub,. Wks. Dir . ; Jeff Jor- gensen, City Atty . ; Roland Snow, Fire Captain; Hud McHale, Police Chief; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENTS Mayor Pro Tem Borgeson announced that a Closed Session was held at 7:00 p .m. for discussion of the Interim City Mgr . contract ; possible Council action under Item C-1 . Also announced that Mayor Norris absent due to an illness in her family. Councilwoman Mackey reminded citizens of the community clean-up campaign this Sat . , 4/30/88; those interested are to meet at the Chamber of Commerce at 9:00 a.m. Discussion regarding length of Council meetings postponed for consideration at a later time by full Council . Mayor Pro Tem Borgeson noted the receipt of an offer to donate one acre of land to the City for the construction of a community assembly hall or performing center . After brief discussion, Council consensus was to request staff review the ramifications of the conditionsand costs and make recommendations at a later date. COMMITTEE REPORTS SLO Area Coordinating Council - Mr . Sensibaugh , Pub . Wks . Dir . , noted his recent appointment as TTAC Committee Chairman. 1 Traffic Committee - Councilwoman Mackey noted this committee will meet tomorrow for discussion of observations made on a drive around last week . COMMUNITY FORUM George Luna, 10600 San Marcos, requested refund of a $100 tree removal appeal fee (re: Santa Ana & Garcero Rds. ) submitted on 3/17/e8, because the appeal was not heard by the Planning Com- mission. Staff was directed to prepare a report for the next regular Council meeting . Ardee Berg , 5467 Venado , a licensed beautician, read a prepared statement protesting recent Council approval of a home-occupation business license for a beauty salon in a residential area, feel- ing business should be conducted in properly zoned districts. A. CONSENT CALENDAR I 1 . Approval of the April 12, 1988 Regular Council Minutes I 2. Acceptance of March, 1988 Treasurer 's Report " 3. Acceptance of March, 1988 Finance Department Report I 4. Approval of TTM 2-87 - 9385 Vista Bonita Rd. - Modify resubdivision of 8 existing lots totaling 6.98 ac. into 8 lots, from 5,520 to 60750 sq. ft. and an open space lot of 5.33 ac. , and revise the approved road name - Nimmo/Yeomans 5. Approval of TTM 37-87 8430 Santa Rosa - Proposed subdivi- ion of 6.5 ac. into 6 parcels from 1 .0 to 1 . 14 ac. and establish Caleta Ln. as private road name 6. Approval of TPM 5-88 - 7450 Santa CruzRd. - Proposed sub- division of 2 existing developed parcels totaling 9.99 ac. into 3 parcels containing 3.29 ac. ea. - Las Encinas/Cuesta Engineering 7. Approval of establishment of Falcon Rd. as a road name of an existing private road, replacing the unapproved name of Chavez Rd. , from the 13500 block of Palo Verde - Jagger 8. Approval of establishment of La Canada Ln. as a road name for a private road located off Del Rio Rd. - Keil 9. Acceptance of Final Parcel Map 3-87 - 9005 Atascadero Ave. Shultz/Thomas Baumberger 10. Acceptance of Final LLA 17-87 - 10635 Realito - Holmes/Lahr- sen/Cuesta Engineering 2 I 11 . Acceptance of Final LLA 9-86 11255 and 11305 San Marcos- Lindner/Cuesta Engineering j12. Acknowledge Proclamation Voter Registration Day, May 10 1988 Barbara Schoenike, 7505 Atascadero Ave. , pulled Item A-4 for discussion. I Motion: By Councilwoman Mackey to approved the Consent Calendar , minus #4, seconded by Councilman Bour- beau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . Re: Item A-4: Mr . Engen, Commun. Dev. Dir . , gave staff report . Public Comment Barbara Schoenike, asked what happens to the 5+ acres included in this proposal . Mr . Engen responded that the PD zoning des- ignation and the final map would commit said property to open space; further , there could be a requirement that the easement (development rights) be given to the City, with the fee to the property remaining in the hands of the applicant and the Home- owner ' s Assn. that would inherit the common area. Motion: By Councilwoman Mackey to approve TTM 2-87 '( Item A-4) per the Planning Commission ' s recommendation, seconded by Councilman Bourbeau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . H. HEARINGS/APPEARANCES/REPORTS 1 . Proposed ZC 3-88 - Allowing churches on an interim basis in Commercial Service and Commercial Park zones - initiated by City of Atascadero at request of Vineyard Christian Fellow- ship (Cont 'd from 2/23/88) A. Public Hearing H. Ord. 169 - Amending the zoning text to allow churches, as interim uses, in Commercial Service and Commercial Park Zones (FIRST READING) Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . Public Comment Chris Zilli9 of' VineY and Christian Fellowship , spoke in support of this proposed ordinance. II 3 Motion: By Councilman Bourbeau to read Ord . 169 by title only, seconded by Councilwoman Mackey; passed unanimously by roll-call . Mayor Pro Tem Borgeso-n read Ord . 169 by title. Motion: By Councilman Bourbeau that this constitutes the first reading and approval of Ord . 169, seconded by Councilwoman Mackey; passed by 3:0 roll-call, with Councilman Handshy and Mayor Norris absent . 2. Request by the A.U.S.D. to extend Ord. 107 A. Public Hearing B. Ord. 172 - Amending Ord. 107 - Extending the Sunset Clause of the City's Interim School Facilities Ordi- nance (FIRST READING) Mr . Engen, Commun. Dev. Dir. , gave staff report . There was no public comment . Motion: By Councilwoman Mackey to read Ord . 172 by title only, seconded by Councilman Bourbeau; passed unanimously by roll-call . Mayor Pro Tem Borgeson read Ord . 172 by title. Motion: By Councilman Bourbeau that this constitutes the first reading and approval of Ord . 172, seconded by Councilwoman Mackey; passed by 3:0 roll-call, with Councilman Handshy and Mayor Norris absent . ,3. Proposed Tree Committee Ordinance& appointment of members A. Public Hearing H. Ord. 171 - Establishment of the Atas. Tree Committee (FIRST READING) C. Res. 35-88 - Appointment of seven members to the Atas. Tree Committee Mr . Engen, Commun. Dev. Dir . , gave staff report , reviewing the proposed functions of the Tree Committee. He suggested that Seca 2. 19.03 (Duties & Responsibilities) of Ord 171 be amended to add a seventh clause: "Recommend heritage trees to the City Coun- cil " . He noted that Res. 35-BB was amended this afternoon and reviewed the recommended committee members. There was no public comment . Motion: By Councilman Bourbeau to read Ord . 171 by title only, seconded by Councilwoman Mackey; passed unanimously by roll-call . Mayor Pro Tem Borgeson read Ord . 171 by title. 4 Motion: By Councilwoman Mackey that this constitutes the first reading and approval , with noted amendment , of Ord . 171 , seconded by Councilman Bourbeau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . Motion: By Councilman Bourbeau to adopt revised Res. 35- 88, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent. 4. _Res. 28-138 - Declaring weeds a public nuisance and author- izing Proceedings for abatement of said nuisances Capt . Roland Snow, AFD, gave staff report. There was no public comment . Mr . Jorgensen, City Atty. , noted a correction to Sec . 3, line 4 of the resolution to read , "6-13.04 of City Ordinance No . 61 " ( instead of G-13.04) , Motion: By Councilman Bourbeau to adopt Res. 28-88, with annotation as noted by City Attorney, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . C. UNFINISHED BUSINESS 1 . Authorization to enter into contract of employment for Interim Citv Mgr. (Cont 'd from 3/22, 4/18 L 4/20/88 Mr . Jorgensen, City Atty. , gave staff report , noting closed ses- sion discussion prior to tonight ' s regular meeting concerning this matter . There was no public comment . Motion: By Councilwoman Mackey to authorize execution of the Interim City Manager ' s contract by the Mayor Pro Tem and Deputy City Clerk (due to absence of Mayor and City Clerk ) in preparation for signature by Mr . Hanley, seconded by Councilman Bourbeau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . 2. Proposed Police Facility Site - 5505 E1 Camino Real A. Authorization for Ross, Levin, MacIntyr-e and Varner Architects to prepare an Inspection Report on Beno's building (proposed Police Facility site) per Escrow Agreement Requirements 5 Chief McHale, APD, gave staff report . Mr . Sensibaugh , Pub . Wks. Dir . , clarified that staff (Planning , Engineering and the City Attorney) will be present at the site inspection and a report will be forthcoming . Although the need was anticipated , Council authorization is not necessary at this time; it is not antici- pated that additional money will be required . Mr . Jorgensen noted that escrow has been opened and is moving forward in a positive direction. There was no action taken. 3. ZC 2-88 - Proposing that large-scale, non-residential and multiple-family projects be reviewed through the Conditional Use Permit process - Initiated by the City of Atascadero A. Ord. 170 - Amendment to the Zoning Ordinance regarding the level of review required for certain large-scale projects (SECOND AND FINAL READING) (Cont 'd from 4/12/88) Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 170 ,by title only, seconded by Councilwoman Mackey; passed unanimously by roll-call . Mayor Pro Tem Borgeson read Ord . 170 by title. Motion: By Councilman Bourbeau that this constitutes the second reading and adoption of Ord . 170, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . 4. Lewis Ave. Bridge Proposals (Cont 'd from 3/8/88) A. Authorization to awardvehicularand pedestrian bridge contracts to John Wallace b Assoc. $56,000 B. Authorization to award street connection contract to Tartaulia-Hughes - $5.485 Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report and responded to questions from Council which included summary of the need for a pedestrian bridge, Council/AUSD Board discussions on the issue and fiscal impacts from the project . . He noted that 3 of the 4 outside firms did not return proposals (which corrects staff report ) . There was no public comment . Motion: By Councilwoman Mackey that Council conceptually approve the proposals by Wallace & Assoc. and Tartaglia & Hughes and direct staff to bring back 6 agreements for consideration at the next regular meeting , seconded by Councilman Bourbeau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . D. NEW BUSINESS 1 . Status Report on Condominium Conversion Ordinance Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . Mr . Jorgensen, City Atty. , commented that the Legislature ' s adoption of the Subdivision Map Act provision took away the City ' s previous inherent authority to regulate condominium conversions unless there are specific policies in our General Plan and ordinance(s) to implement them. There was no public comment. Motion: By Councilwoman Borgeson that Council concur with staff recommendation to direct the issue of con- dominium conversions be referred to the Planning Commission for consideration in the General Plan Update, and direct that consideration be given to mandating compliance with current development standards before condominium conversions may be approved . Motion seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . NOTE: MAYOR NORRIS ARRIVED AT THIS TIME (9:07 P.M. ) Motion: By Councilman Bourbeau to recess as Council and convene as the ACSD Board of Directors, seconded by Councilwoman Mackey; passed unanimously. E ATASCADERD COUNTY SANITATION DISTRICT (ACSD) 1 . Authorization to purchase 1988 Chev. C-10 pickup through the State General Services Dept. bid award $11 ,225 Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report. There was no public comment . Motion: By Director Bourbeau to authorize staff to pur- chase said vehicle from the State of CA for $11 ,225, seconded by Director Mackey; passed by 4:0 roil-call , with Director Handshy absent . 7 Motionm By Director Mackey to adjourn the ACSD Board and reconvene as City Council , seconded by Director Bourbeau; passed unanimously. F. INDIVIDUAL DETERMINATION City Council — Mayor Pro Tem Borgeson noted her attendance at last week ' s Parks & Recreation Commission meeting where a concern was expressed that a Councilmember should be appointed to the Commission in order for Council to be informed of their concerns. Council concurred to discuss as an agenda item at their next regular meeting . Mayor Norris noted she will not be in attendance at the next meeting . Public Comment John Baumgart , 5175 Rosario , expressed concern regarding trim- ming -- "hacking down" -- of bushes in front of his residence (although unsure by whom). He asked what are citizens ' rights regarding the right of way area to the road and notification of such trimming. He was directed to discuss the subject with Mr . Sensibaugh during the regular course of City business; Mr . Sen- sibaugh was directed to follow up with a letter to the Mayor . MEETING ADJOURNED AT 9:25 P.M. MINUTES RECORDED BY: CINDY WILKINS, Dep . City Clerk e