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HomeMy WebLinkAboutMinutes 080988 MEET I4TE.,G SNDA DAT (*MINUTES APPROVED BY COUNCIL, AS WRITTEN, 8/23/88) ATASCADERO CITY COUNCIL MINUTES AUGUST 9, 1988 The special open session of the Atascadero City Council was called to order at 7: 15 p .m. ROLL CALL Present : Councilmembers Dexter, Lilley, Shiers and Mayor Borgeson Absent: Councilwoman Mackey Staff Present : Bill Hanley, Int . City Mgr . ; Dave Jorgensen, Int . Admin. Svcs. Dir .,; Henry Engen, Commun. Devel . Dir . ; Paul Sensibaugh , Pub . Works Dir . ; Jeff Jorgensen, City Atty. ; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk Mr . Larry Fisher , applicant to the Traffic Committee, was in- terviewed by Council . Motion: By Councilman Lilley to appoint Mr . Larry Fisher to the Traffic Committee, seconded by Councilman Dexter ; passed 4:0, with Councilwoman Mackey ab- sent . The regular meeting was called to order at 7:30 p .m. , followed by the Pledge of Allegiance. Mayor Borgeson issued plaques of recognition to outgoing City Commissioners: I Planninq Commission: Ed Nolan, Jerry Bond, Eric Michiels- sen (not present ) , Marjorie Kidwell (not present ) and Tom Hatchell I Parks & Recreation Commission: La Dona Nolan and Sheila Kircher (not present ) COMMITTEE REPORTS Nothing to report I I � 1 I� L �� PUBLIC COMMENT City Atty. Jeff Jorgensen gave a report regarding conduct at City Council meetings. Referencing an opinion he rendered on the sub ject , dated Nov. 9, 1987, he reviewed his conclusion that Council has the inherent authority to provide for the rules of conduct and decorum at its meetings. He added that meeting conduct is a matter of civility and common sense. Mayor Borgeson stated it ' s not the content but the conduct of addressing the Council that is regulated . There was no further public comment . A. CONSENT CALENDAR 1 . Approval of the July 28, 1988 Regular Council Minutes I 2. Approval of TPM 13-BB - Subdivision of three (3) existing 9 lots, totaling 1 .47 ac. , of vacant commercial property into four (4) parcels containing ,32, .349 . .52 and .23 ac. & Precise Plan 20-88 for a 13,480 sq. ft. commercial complex containing four buildings - 6325 Tecorida - Hempenius Family Trust/Grinnell 3. Approval of TPM 14-8B - Subdivision of two (2) lots totaling 5.68 ac. into three (3) parcels of 2.28, 1 .5 and 1 .9 ac. - 5050 Portola - Davin/Cuesta Engineering 4. Approval of TPM 15-88 - Conversion of an approved, but not yet constructed,cted, four (4) unit apartment complexlex into four unit residential condominiums - 8425 Amapoa - Cam/North Coast Engineering I 5. Authorization to begin recruitment process for Construction IIIBoard of Appeals Members 6. Authorization to solicit bids for 1988/89 Road Resurfacing Program Motion: By Councilman Shiers to approve the Consent Calendar , seconded by Councilman Dexter ; passed by 4:0 roll-call , with Councilwoman j Mackey absent . B. HEARINGS/APPEARANCES/REPORTS I 1 . Res. 86-88 - Notice of Council 's intent to vacate a portion of San Benito Rd. , between E1 Camino Real and Hwy. 101- Frederick/Sawyer (recommend public hearing be for August 23. 19ee) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded 2 I I I to questions from Council . There was no public comment . Motion: By Councilman Lilley to adopt Res . 86-ee, seconded by Councilman Dexter ; passed by 4:0 roll-call , with Councilwoman Mackey absent . 2. Tree Removal Request - 5220 Aguilla Rd. - Hicks A. Public Hearing B. Council Action Mr . Engen, Commun. Devel . Dir . , gave 'staff report . He noted this is the first heritage tree removal request under recently adopted Ord . 168 (Tree Ordinance) . Public Comment Attorney Betty Sanders, representing the applicants (who are out of town) , expressed her agreement with staff ' s recommendation and spoke in support of ' tree removal request . She rioted that the definition of hazardous trees in staff ' s correspondence to the Hicks, dated July 26, 19ee, differs from the definition contained in Ord . 168. Speaking as a citizen and local attorney, she urged the Council to examine the language in the ordinance for clarity, feeling it is ambiguous in several aspects. Barbara Schoenike, Secy. of the Tree Committee, referencing the Tree Committee ' s memo dated e/ l/88, encouraged Council to require bonding to ensure the survival of replacement trees. Jack Brazeal , a certified arborist , explained the "diseased" condition of the (4) trees proposed for removal , expressing the opinion that he does not believe the site will be significantly impacted by their removal . Lengthy Council discussion ensued . Motion: By Councilman Shiers to continue this item until receipt of a plot plan from the applicant , sec- onded by Councilwoman Borgeson; failed by 2:2 roll-call , with Councilmembers Dexter and Lilley dissenting and Councilwoman Mackey absent . Motion: By Councilman Lilley to grant the request for tree removals, reserving the City Council ' s right for further hearings as to what , if any, additional requirements there may be of the Hicks, and also require payment of the $35 tree removal fee. (Ms. Sanders indicated acceptance of the motion on behalf of the Hicks. ) Motion seconded by Council- 3 I I man Dexter ; failed by 2:2 roll-call , with Coun- cilman Shiers and Mayor Borgeson dissenting and Councilwoman Mackey absent . Motion: By Councilman Lilley to continue this item to the next meeting for consideration by the full Coun- cil , seconded by Councilman Shiers; passed by 4 :0 roll-call , with Councilwoman Mackey absent . C. UNFINISHED BUSINESS 1 . Ord. 180 - Amending the existing RSF-Y and RSF-Z zoning to provide a planned development overlay to permit reorganizing the existing six (6) lots, totaling 6.32 ac. into six (6) lots from 7,260 - 9, 132 sq. ft. , creating a new open space of 5.18 ac. and abandon a portion of Vista Bonita Rd. SECOND & FINAL READING (Cont 'd from 7/26 & 7/12/88) (ZC 15- 87 - 9240 Vista Bonita Rd. Yeomans/Frederick) p_ Public Comment Mike Yeomans, applicant , in view of Councilwoman Mackey ' s ab- sence, requested a vote of support from a Council member who voted against the proposal at the 7/26 meeting , in order to avoid a two-week delay. Motion: By Councilman Lilley to adopt Ord . 180 on second reading by title only, seconded by Councilman Dexter . Mayor Borgeson read Ord . 180 by title; motion failed by 2:2 roll-call , with Councilman Shiers and Mayor Borgeson dissenting, and Coun- cilwoman Mackey absent . Motion: By Councilman Dexter to continue this item to the next regular meeting , seconded by Councilman Lil- ley; passed unanimously. 2. Res. 87-88 - Traffic Way surplus property Authorize exe- cution of Contract of Sale to William Carroll Mr . Hanley, City Mgr . , gave staff report , recommending approval of the proposed contract , prepared by City Atty. Jorgensen as per Council direction at the meeting of July 26, 1988. Public Comment Sarah Gronstrand , resident , suggested proceeds from the sale of subject property be used to purchase property located at Hwy. 41 & Atascadero Ave. for the development of a childrens ' park . 4 i • Motion: By Councilman Dexter to approve Res. 87-88, sec- onded by Councilman Shiers; passed by 4:0 roll- call , with Councilwoman Mackey absent . 3. Res. 76-88 - Proposed Employment Contract for Raymond Windsor - City Manager position Mayor Borgeson introduced both Mr . & Mrs. Windsor to the public . Mr . Windsor indicated he brings no magical talents to the job , only his 25 years of experience; he hopes the caring , honesty and integrity he has developed over the years will serve the City of Atascadero . Motion: By Councilman Dexter to approve Res. 76-88, sec- onded by Councilman Shiers; passed by 4:0 roll- call , with Councilwoman Mackey absent. 4. Res. 85-88 - Ratifying final Gen. Fund Budget expenditures for F.Y. 87/88 Mr . Jorgensen, Admin. Svcs. Dir . , gave staff report . There was no public comment . I Motion: By Councilman Shiers to approve Res. e5-88, sec- onded by Mayor Borgeson; passed by 4:0 roll- call , with Councilwoman Mackey absent . D. NEW BUSINESS 1 . Proposed F.Y. 88/89 S.L.Q. Area Coordinating Council Joint Powers Agreement Mr . Hanley, City Mgr . , gave staff report . There was no public comment . Motion: By Mayor Borgeson for approval of the SLOACC JPA Agreement for FY 88/89, seconded by Councilman Dexter ; passed by 4kO roll-call , with Council- woman Mackey absent. 2. Request by Ranelletti Development for short-term bond for bridge development fee for Virginia Plaza —5735 E1 Camino Real Mr . Sensibaugh , Pub . Works Dir . , gave staff report . Mr . Hanley, City Mgr . , commented that new City Mgr.. , Ray Windsor , expressed a strong interest in having all alternatives referred to staff so 5 I I I I that he might have an opportunity to participate in the analysis and ultimate recommendation to the City Council ; Mr . Windsor felt that this subject was of particular importance with respect to incentives or disincentives on downtown revitalization, and he wants to take an active part in 'the study. Public Comment Tony Ranelletti , Ranelletti Development , spoke in support of this request , noting that the fee which would be levied against the Virginia Plaza project is slightly less than 4% of the total cost for the bridge. Motion By Councilman Dexter to continue this item to- the - - first meeting in October , seconded by Councilman Lilley; passed by 4:0 roll-call , with Councilwoman Mackey absent . 3. Designation of Acting City Manager for period from August ib - September 9. 1988 - Verbal Mr . Hanley, City Mgr . , noted his employment with the City ends August 15th . Due that there is one Council meeting scheduled for the interim period 8/16 thru 9/12, when Mr . .Windsor is on board , he recommended Council appointment of a department head as Acting City Mgr . during that time. Motion: By Mayor Borgeson to appoint Paul Sensibaugh Acting City Manager for period 8/16 thru 9/9/88, seconded by Councilman Lilley; passed by 4:0 roll- call , with Councilwoman Mackey absent . Motion: By Councilman Lilley to recess as Council and convene as the ACSD Board , seconded by Councilman _ Shiers; passed unanimously. E. SANITATION DISTRICT 1 . Proposed staff-initiated Change Order $57,480 - Bordeaux House Project Mr . Sensibaugh , Pub . Works Dir. , gave staff report . There was no public comment . Motion: By Director Shiers to approve the proposed staff- initiated Change Order for $57,480, seconded by Chairman Borgeson; passed by 4:0 roll-call , with Director Mackey absent . 6 IIL ' Motions By Director Lilley to adjourn as ACSD Board and reconvene as Council , seconded by Director Shiers; passed unanimously. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council — On behalf of Council , Mayor Borgeson thanked Bill Hanley for his services to the City and commended his excellent work . Mr . Hanley extended his thanks for the trust , kindness and courtesy extended to him by both Council and staff during his term as City Manager . He commended the .caliber of the Council' s search and selection of the new City Manager. MEETING ADJOURNED AT 9:40 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 7