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HomeMy WebLinkAboutMinutes 071288 (* MINUTES APPROVED BY COUNCIL AS WRITTEN, 7/26/88) ATASCADERO CITY COUNCIL MINUTES JULY 12, 19BB The regular meeting of the Atascadero City Council was called to order at 7:40 p .m. , followed by the Pledge of Allegiance. ROLL CALL All Present : Councilmembers Dexter , Mackey, Lilley, Shiers and Mayor Borgeson Staff Present : Bill Hanley, Int . City Mgr . ; Jeff Jorgensen, City Atty. ; Henry Engen, Commun. Devel . Dir . ; Paul Sensibaugh , Pub . Works Dir . ; Bud McHale, Police Chief; Bob Best , Parks & Rec . Dir . ; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENT Mayor Borgeson announced the Council ' s appointment of four individuals to the Parks & Recreation Commission, following interviews earlier this evening . Motion: By Councilman Lilley to adopt Res. 54-ee, appointing Tam, Bench , Mike Lara, Ken Meyer and Victor Smart to the Parks & Recreation Commission, seconded by Councilwoman Mackey; passed unanimously by roll-call . COMMITTEE REPORTS City/School Committee - Councilmembers Dexter and Lilley were appointed to this committee by Mayor Borgeson. North Coastal Transit - Councilmembers Dexter and Shiers (Alter- nate) were appointed to this body by Mayor Borgeson. SLO Area Coordinating Council - Councilman Lilley moved that Mayor Borgeson continue to serve on the SLOACC as City Council representative, with Councilwoman Mackey as Alternate, seconded by Councilman Dexter ; passed unanimously. Traffic Committee - Councilwoman Mackey was appointed to continue to serve on this committee. 1 i • Solid Waste Mgmt. Committee - Councilwoman Mackey was appointed to serve on this committee. Economic -Opportunity- Commission - Council consensus was to review - further the funding needs of the EOC prior to direction. Police Facility Committee - Councilman Dexter- was appointed to this committee for one year . Atas. Lake Acquisition Committee - Councilmembers Mackey and Shiers were appointed to this committee. Tree Committee - -Tim O ' Keefe, Committee Member , requested that the City employ an Urban Forester to professionally oversee the guidelines of and enforce the Tree Ordinance, as well as provide educational activities. Mayor Borgeson responded that this re- quest will be taken under advisement at the upcoming budget hearings. Bicentennial Committee - Councilman Lilley and a member of the audience volunteered to serve on this committee with Council- woman Mackey. Pavilion Committee Councilmembers Lilley and Shiers were ap- pointed to serve on this committee. It was noted that the BIA has requested to report regularly to the Council ; consensus was to accept this request . Councilman Shiers requested that Council consider forming an architectural review committee. Mayor Borgeson requested that staff prepare a report for consideration at the next regular meeting . Mayor Borgeson reported on having attended the May 4th SLOACC meeting , at which funding priorities were reviewed and acted upon; the recommendations of the Regional Transportation Improvement Plan were concurred with , which Mayor Borgeson reviewed . I Mayor Borgeson proclaimed Jury 22-30 as "Babe Ruth Baseball Week" , proclamation accepted by Donna Ridout for Babe Ruth . I I PUBLIC COMMENT I Sherry Fair , 9745 Atascadero Ave. , read a prepared statement related to her efforts to secure a Home Occupation Business License; she expressed that she feels the law is being applied to her in a discriminatory manner . Council consensus was to direct that Mr . Engen prepare a staff report for the next regular meet- ing . I I I 2 Robert Nimmo , 7375 Bella Vista, representing the Chamber of Com- merce, noted that the Chamber does not have a position on this issue ( in response to Mrs. Fair ' s comments) . Dorothy McNeil , 8765 Sierra Vista, spoke in support of Mrs. Fair ' s desire for a HOC License and urged that Council follow up to assure fair treatment under the current ordinance. Maggie Rice, C of C, assured Council that the Chamber has put no pressure at any time on staff regarding Mrs. Fair or any others related to this issue. John McNeil , e765 Sierra _ Vistas expressed he does not view ap- proval of Mrs. Fair ' s license as precedent-setting . A. CONSENT CALENDAR 1 . Approval of the June 28, 1988 Regular Council Minutes 2. Denial of claim by Attorney Philip Newell in behalf of Craig Prescott $500,000 3. Denial of claim by Leo Fairbanks for property damages- $325.20 4. Acceptance of final LLA 19-87 - 2405 Santa Ana Rd. - Davis/ Volbrecht Surveys 5. Approval of TPM 11-88 - 5550/5560 Llano Rd. — Proposed subdivision of 11 .50 ac. into 4 parcels of 2.86 ac. ea. Atkinson/Twin Cities Engineering 6. Approval of TPM 12-88 —Proposed conversion of an approved (not constructed) 9-unit apartment - complex into residential condominiums - 6805 Santa Lucia - Anderson/Messer 7. Approve Res. 53-88. - Designation of a portion of Valle Ave. as a "one-way street" 8. Approve designation of stop intersections: A. Res. 51-88 - Designation of a stop intersection on Arena Ave. at Yerba Ave. B. Res. 52-88 - Designation of a stop intersection on Yerba Ave. at Estrada Ave. Motion: By Councilman Dexter to approve the Consent Cal- endar , seconded by Councilwoman Mackey; passed unanimously by roll-call . 3 H. HEARINGS/APPEARANCES/REPORTS 1. ZC 15-87 and TPM 39-87 - 9240 Vista Bonita Rd. - Yeomans/ Frederick A. Public Hearing B. Ord. 180 —Amending the existing RSF-Y and RSF-Z zoning . to provide for a planned development overlay, implement a tentative tract map to reorganize the existing six lots totaling 6.32 ac. into six lots from 7,260 to 9, 132 sq. ft. , create a new open space of 5. 1B ac. and abandon` a portion of Vista Bonita Rd. (FIRST READING) C. Aooroval of TTM 39-87 #description--above) I Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Mike Yeomans, co-applicant , spoke in support of this proposal . He indicated it is an alternative to simply developing the six existing lots and was designed with the desire to be environmen- tally sensitive to both the community and Chalk Mtn. He noted the willingness to dedicate most of the 6.3 ac . to the City as an open space easement , or the property in fee, whichever the Coun- cil desires. He urged that Council adopt the condition which allows for bonding prior to recordation of the map , feeling the City should require this to assure orderly completion of the project . David Foote, Sedes Landscape Architects, reviewed the areas of I grading , temporary/permanent revegetation and landscape stan- dards. 4 John McNeil , resident , spoke in favor of requiring a dedication in fee (as opposed to easement) for the property. He noted the absence of contour lines on the exhibit map , feeling it is dif- ficult to make a good evaluation of the project . Further Council discussion ensued , and the consensus was to postpone a decision to allow for further review of the planned development concept , CC&Rs and landscape plans. Motion: By Councilman Lilley to continue this matter to the next regular meeting , seconded by Councilman Dexter ; passed unanimously by roll-call . I 2. GPA 2B-88 and ZC 8-88 - Site between Hwy. 101 and El Camino Real , North of Del Rio Rd. - Elks Lodge A. Public Hearing 4 0 H. Res. 49-88 - Approving an amendment to the land use designation of the City's Gen. Plan from Residential Suburban & Commercial Retail to Public C. - Grd.- 178 & 179 - Amendmen-t- to the City zoning from Residential Suburban and Commercial Retail to Public and revising the zoning text to allow membership organ- izations as a conditional use (FIRST READING) Mr , Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Dennis Garad , Chmn. of the Elks Land Acquisition Committee, re- viewed and spoke in support of this proposal . Leonard Brazzi , 1800 ECR, indicated that it took him three years to get his property zoned CR. He expressed strong opposition to a rezone of his property, noting he does not oppose the proposed installation of an Elks Lodge. Council discussion followed . Mr . Engen reviewed Mr . Brazzi " s property zoning and HOC Business License entitlements; Mr . Brazzi was advised that his current use is legal non-conforming . Motion: By Councilman Shiers to approve Res. 49-88, sec- onded by Councilwoman Mackey; passed unanimously by roll-call . Motion: By Councilman Dexter to waive reading of Ord . 178 and approve it on first reading , seconded by Coun- cilwoman Mackey. Mayor Borgeson read Ord . 178 by title; motion passed unanimously by roll-call . Motion: By Councilwoman Mackey to waive reading of Ord . 179 and approve it on first reading , seconded by Councilman Shiers. Mayor Borgeson read Ord . 179 by title; motion passed unanimously by roll-call . COUNCIL RECESSED FOR A BREAK FROM 9:52 P.M. - 10:04 P.M. Motion: By Councilman Lilley to recess as Council and convene as the ACED Board , seconded by Councilwoman Mackey passed unanimously. C. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Report on review of - Waste Water Treatment Plant conditions by Regional Water Quality Control Hoard Mr . Sensibaugh , Pub . Works Dir . , gave staff report . He reported on the July 8th RWQCB meeting , noting he has provided to Council 5 a copy of Order 88-84 with marked changes. Councilwoman Mackey urged public notification regarding possible ban on water softeners. There was no public comment and no action taken. Motion: By Director Mackey to adjourn as ACSD Board and reconvene as City Council , seconded by Director Shiers; passed unanimously. D. UNFINISHED BUSINESS 1 . Report and recommendation regarding street improvement dis- trict for Chandler Ranch Area (Cont 'd from 5/24/88) Mr . Sensibaugh , Pub . Works Dir . , gave staff report and responded to questions from Council . Council discussion touched on the subjects of title to the roads and liability. Mr . Jorgensen, City Atty. , concurred with staff ' s recommendation to utilize the services of Orrick , Herrington & Sutcliffe as bond counsel , not- ing the need for their expertise in this area; he urged that the affected residents be fully informed regarding the assessment district concept and bonding process. Public Comment Gaylen Little, 8265 Toloso , spokesman for the Chandler Ranch area, relayed that there is strong community support (approx . 60%) for the formation of a street maintenance district . Motion: By Councilwoman Mackey to approve staff recom- mendation, seconded by Councilman Shiers; passed unanimously by roll-call . 2. Use Permit Renewals (Cont 'd from 6/14 & 6/28/88) : A. "Duck Hut" Concession (Atas. Lake Park) - Operator Richard Bswald FY 88/89 Lease B. "Pop 's Tackle Shop" Concession (Atas. Lake Park) - Operator Richard Oswald - Month-to-month tenancy Mr . Best , Parks & Rec . Dir . , gave staff report . He relayed that Mr . Oswald is interested in the possibility of either expanding or developing another building to incorporate both Pop 's Tackle and the food concession stand ( "Duck Hut" ) and , due to his cur- rent financial situation, has asked for four monthsto make a firm commitment . There was no public comment . 6 Motion: By Councilman Dexter to approve the renewal of the Use Permits for the Duck Hut and Pop ' s Tackle Shop under the operation of Mr . Oswald , using the --- - - conditionsasset forth by staff, seconded by Councilman Lilley; passed unanimously by roll- call . 3. Ord. 174 - Amending Ord. 138, Business License Provisions, and centralizing the administration in the City Finance De- partment (Cont 'd from 6/28/88) (SECOND AND FINAL READING) No verbal presentation of -staff report ( includedinstaff re- port ) . There was no public comment . Motion: By Councilman Dexter to 'waive the reading of Ord . 174 and adopt it on second reading , seconded by Councilwoman Mackey. Mayor Borgeson read Ord . 174 by title; motion passed unanimously by roll-call . 4. Ord. 176 - (ZC 9-88) - 9800 E1 Camino Real - Amending the official zoning maps from Commercial Tourist to Public (City of Atas.-initiated) (SECOND & FINAL READING) (Cont 'd from 6/28/88) Mr . Engen, Commun. Devel . Dir . , briefly reviewed this proposal . There was no public comment . Motion: By Councilwoman Mackey to waive the reading of Ord . 176 and adopt it on second reading, seconded by Councilman Shiers. Mayor Borgeson read Ord . 176 by title; motion passed unanimously by roll call . 5. Ord. 177 - Amendment to the City zoning maps from Residen- tial Suburban, Flood Hazard Overlay to Residential Multi- Family (RMF/1O(FH) , Flood hazard Overlay - Kankiewicz, 1.1455 Viejo Camino (Cont 'd from 6/28/88) (SECOND AND FINAL READING) Mr . Engen, Commun. Devel . Dir. , briefly reviewed this proposal There was no public comment . Motion: By Councilman Shiers to waive the reading of Ord . 177 and adopt it on second reading , seconded by Councilman Shiers. Mayor Borgeson read Ord . 177 by title; motion passed unanimously by roll-call . 7 I 6. Status on City surplus property located on Traffic Way— purchase negotiations — Verbal (cont 'd from 6/04, 5/249 3/22 and 1/26/88) I Mr . Hanley, Int . City Mgr . , gave verbal staff report . He relayed that he has received an expression of serious interest in subject property from a party other than Mr . Carroll . He has notified Mr . Carroll of this and expects to have a very specific proposal in writing for Council ' s consideration at the July 26th meeting . Mayor Borgeson suggested that , if sale of subject property is not successfully negotiated , staff be directed to initiate a rental agreement . E. INDIVIDUAL DETERMINATION — No comments. MEETING ADJOURNED AT 10:55 P.M. TO THE FOLLOWING SPECIAL OPEN SESSIONS TO BE HELD IN THE ADMINISTRATION BUILDING, FOURTH FLOOR CLUB ROOM: JULY 14, 5:00 P.M. — 1488/89 BUDGET REVIEW JULY 159 5:00 P.M. — 1. to at JULY 18, 5:00 P.M. - It ofto (NON—PROFIT ORGNS. ) JULY 210 4:30 P.M. — PLANNING COMMISSION INTERVIEWS MINUTES RECORDED BY: BOY C. '1SHARITZ, Ci y Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 8