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HomeMy WebLinkAboutMinutes 032294 Approved as Submitted Meeting Date: 04/14/94 ATASCADERO CITY COUNCIL MARCH 22, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley (arrived 7:20 p.m.), Borgeson, Luna and Mayor Nimmo Absent: One Seat Vacant Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager/Director of Community Services; Steve DeCamp, City Planner;Art Montandon, City Attorney; Russ Scotten, Interim Finance Director and Lt. Bill Watton, Police Department COUNCIL COMMENTS: Mayor Nimmo expressed opposition to AB 2692 (Air Quality/City Representation on Governing Boards - Seastrand) and provided a status report on the bill. There was consensus among the City Council to send a letter of opposition to Assemblywoman Seastrand with regard to the proposed legislation. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, explained ideas and concepts covered in the Planetary Connection newspaper. Eric Greening, 7365 Valle, asked that the City Council's letter of opposition to AB 2692 be placed on the agenda for the special meeting scheduled for March 31, 1994. In addition, Mr. Greening announced that at serious policy decision regarding the CC 03/22/94 Page 1 Nacimiento Water Project was scheduled for hearing on April 5, 1994 by the Board of Supervisors and encouraged study and participation. Lanny Dugar, 8330 S. Rosa Road, spoke as a foster parent and criticized the Police Department for failure to notify Child Protective Services with regard to a family domestic violence situation. He suggested a City outreach program for children and teens and encouraged community involvement. Cindy Dugar, 8330 S. Rosa Road, spoke on behalf of residents in the Santa Rosa Road sewer district neighborhood. She urged the City Council to rescind the sewer assessment district because of inadequate public notice. Rick Dunbar, 5670 Encino, encouraged citizens to speak up about community problems and juvenile complaints. He referred to a group home called the "Aaron House" and voiced concerns regarding gang activity and attitudes. He requested a reply about gang activity and how many group homes there are in the city. Councilwoman Borgeson asked staff how many licensed group homes were located in the City. Lt. Watton reported that there was one home registered for 15 kids, but added that there are a number of foster homes. Gilbert Russell, 6705 S. Lucia, noted that he had been disqualified as a candidate for City Council [for the June 7, 1994 Municipal Election] because he was not a registered voter. He asserted that registration cannot be required and that he was being denied equal protection guaranteed by the Constitution. He demanded that his name be placed on the ballot. Councilman Luna asked the City Attorney what role the City Council has in this matter and if the election could be jeopardized in any way. Art Montandon reported that State Law mandates that a candidate for elective municipal office be a resident of the City and a registered voter at the time the nomination petition is issued by the City Clerk. He added that the Council has no authority to order the City Clerk to place his name on ballot. Mr. Montandon explained that Mr. Russell has the right to file suit in an attempt to have his name placed on the ballot and cautioned Mr. Russell to act quickly if this was his desire. Mr. Russell indicated that he intended to file a writ of mandamus with the Court. The A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows): 1. City/School Committee - Andy Takata reported that the committee would met on Thursday, March 31 , 1994 at 1 :30 p.m. at City Hall. CC 03/22/94 Page 2 2. Economic Round Table - The City Manager reported that a minor league baseball team is looking into the feasibility of locating a facility in Atascadero. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - March 8, 1994 2. CITY TREASURER'S REPORT - February 1994 3. TRAFFIC SIGNAL AT ENTRY TO ATASCADERO STATE HOSPITAL - Surface Transportation Program (STP) and State Highway Account (SHA) Funding application 4. RESOLUTION NO. 20-94 - Adopting salaries and benefits for Management employees 5. RESOLUTION NO. 21-94 - Amending Exhibit A & B of Resolutions 81-93 and 14-94 (Annual Position Allocation and Temporary/Seasonal Salary Schedule) 6, RESOLUTION NO. 17-94 - Authorizing execution of an agreement with Adele's Catering for Paloma Creek Park concession 7. RESOLUTION NO. 18-94 - Authorizing the execution of an agreement with Rodeo Style Catering for Atascadero Lake Park Pavilion concession 8. RESOLUTION NO. 19-94 - Authorizing the execution of an employment agreement with Andrew J. Takata for City Manager services Councilman Luna pulled Items #B-6 & 7. The City Clerk pulled Item #B-1 for continuation. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve the Consent Calendar Items #13-2, 3, 4, 5, & 8; motion carried unanimously by roll call vote. MOTION: By Councilman Luna, seconded by Councilman Bewley to continue the Minutes of March 8, 1994 (Item #13-1); motion carried unanimously. CC 03/22/94 Page 3 Re: Items #13-6 & B-7: 6. RESOLUTION NO. 17-94 - Authorizing execution of an agreement with Adele's Catering for Paloma Creek Park concession 7. RESOLUTION NO. 18-94 - Authorizing the execution of an agreement with Rodeo Style Catering for Atascadero Lake Park Pavilion concession Councilman Luna indicated that he had pulled these items because he was hoping that staff would develop some other kind of process to achieve the maximum yield and encouraged a different type of Request for Proposal (RFP). Councilwoman Borgeson agreed, adding that there is other criteria that can be used to determine who is most responsive bidder besides who offers the highest percentage return. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve Resolution Nos. 17-94 and 18-94; motion carried 3.1 (Borgeson). C. PUBLIC HEARINGS: 1. AMAPOA AVENUE - MULTI-FAMILY DENSITY A. Resolution No. 22-94 - Approving an amendment to the land use map of the Land Use Element on Amapoa Ave., between Curbaril Ave. and Portola Rd. (GPA 93-1; City of Atascadero) B. Ordinance No. 278 - Amending Map 17 of the Official Zoning Maps by rezoning certain real property on Amapoa Ave. from RMF-10 (low- density multi-family) to RMF-16 (high-density multi-family) (ZC 93-006; City of Atascadero (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Steve DeCamp provided the staff report and recommendations. He responded to Council questions regarding density standards, lots and lot size and a historical drafting error on Amapoa Avenue between Curbaril and Portola Avenues. Public Comments: Jim Edwards, Planning Commissioner speaking as a private citizen, objected to the Planning Commission's recommendation to down-zone Amapoa without due process. He urged the City Council to approve the staff recommendation and correct the drafting error. CC 03/22/94 Page 4 Kurt Stone, 8485 Amapoa, explained that he had purchased his property based on information received from Planning Department staff about what he could build on it. He was told that the lot was zoned RMF-16 and with that information he sought the assistance of an architect and has, since that time, completed construction and civil engineering designs. He emphasized that if the zoning is changed to RMF-10, he will not be able to afford to continue with his plans to improve the property. Councilman Luna asked Mr. Stone if he had ever looked at the land use maps to see what the zoning was. The speaker indicated that he had not looked at a map, but had been told by staff that the property was zoned RMF-16. He added that his title report confirmed that. Councilman Luna inquired whether or not Mr. Stone had reviewed the land use maps adopted as part of the 1991 General Plan Update. Mr. Stone replied that he had not and reiterated that he was guided by City staff. Richard Teubner, 8377 Amapoa, spoke against the staff recommendation and argued that Amapoa Road is already heavily traveled. He commented that when he purchased his lot, he looked at the map and saw that it was low-density. He asked the City Council to keep it that way and not compound the error. Warren Miller, Amapoa property owner, commented in favor of the staff recommenda- tion and declared that property rights would be at stake if the Planning Commission's recommendation to down-zone the lots to RMF-10 were to be approved. He added that the conditions of the road are really not a factor for consideration. David Montanaro, Amapoa property owner, also spoke in support of the staff recommendation. He noted that his recently approved project for development will not be not affected, but added that the zone change will provide an incentive for the two remaining undeveloped parcels on Amapoa. ---End of Public Testimony--- Mayor Nimmo remarked that whenever property is rezoned it should be done with sufficient public notice and adequate public hearing. He stated that down-zoning by taking advantage of an inadvertent error constitutes the taking of property without due process. Councilwoman Borgeson argued that adequate notice and public hearing was provided during the General Plan Update process. Anyone, she added, that had development plans should have taken a look at what actions were before the City Council during that process. Councilman Luna observed that the Environmental Impact Report prepared for the Land Use Element was done with the property on Amapoa zoned low-density CC 03/22/94 Page 5 [RMF-10]. He stated that he would not support re-zoning at a higher density for the benefit of a few people at the expense of the rest of the neighborhood. Councilman Bewley stated that he believes the City is obligated to notify individual property owners when a zone change is going to take place. He indicated that he was in favor of changing the zoning back to the way it was before the drafting error [RMF- 16]. MOTION: By Councilman Bewley, seconded by Mayor Nimmo to read Ordinance No. 278 by title only and approve on first reading to approve the Land Use Map [of the General Plan; motion failed 2:2 (Luna/Borgeson). No Action Taken. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson, to follow the Planning Commission's [recommendation] for denial of General Plan Amendment 93001 and Zone Change 93006. Discussion on the Motion: Mayor Nimmo reiterated his opinion that it would be irresponsible to codify an inadvertent error by rezoning as opposed to adequately noticed public hearings with due process. Councilman Luna pointed out that most of the property owners bought their property during the General Plan Update process (1989 through 1991). Mayor Nimmo argued that it makes no difference when property was purchased. Vote on the Motion: Motion failed 2:2 (Bewley/Nimmo). No Action Taken. D. REGULAR BUSINESS: 1. CURBARIL AVENUE BRIDGE - Consideration of CalTrans request for City determination on disposition of existing Highway 41 Bridge Steve DeCamp provided the background and staff recommendation. Andy Takata mentioned that staff was disappointed with the County's decision to dispose of the bridge and pointed out that the City and County would benefit from maintaining the bridge for purposes of emergency access and recreational uses. Council discussion followed. Councilman Luna suggested that the City Council communicate with the County Board of Supervisors. Mayor Nimmo asserted that he will not vote for destruction of the bridge and proposed that the City conduct an independent evaluation of the bridge and assess maintenance costs in an effort to determine whether or not the City could take responsibility for the bridge. He also agreed that the Council should attempt to establish a sense of cooperation with the County. CC 03/22/94 Page 6 Councilwoman Borgeson concurred. In addition, she asked if this matter would be an interest and/or priority with the Highway 41 Advisory Committee. Staff was not able to comment. Public Comment: Eric Greening suggested that the City communicate with the County Bicycle Advisory committee, who is now working with the County Board of Supervisors on the Bicycle Master Plan. By consensus, the City Council directed staff to conduct an independent evaluation of the bridge and draft a letter to the County Board of Supervisors requesting cooperation. 2. TREE ORDINANCE REVIEW Steve DeCamp provided the background and an overview of the staff report. He noted that staff was looking for direction from the City Council. Councilwoman Borgeson indicated that she was not looking to re-write the tree ordinance, but questions whether staff has enough information to make determina- tions about alternative building sites. Councilman Luna commented that the tree ordinance is a compromise document and is not strong enough. Councilman Bewley disagreed and remarked that the tree ordinance is a little too strong but is sufficient. He also said that it is expensive to ask property owners to submit several alternative building sites and commented that staff is doing a good job interpreting the ordinance. Mayor Nimmo agreed and stated that he did not favor any changes to the present tree ordinance. He added that it should only be changed by a City Council who has to live with it and suggested any consideration of revisions be delayed until after the elections. Public Comments: Marcia Torgerson, 6300 Llano Road, indicated that she had not asked that the tree ordinance be revised; but only that interpretation be clarified. Referring to a recent application for a tree removal request on Santa Ana Road, she noted that the applicant did not consult with the arborist and designed the home site for the exact location of CC 03/22/94 Page 7 the tree. She stated that the Planning Department backed off because the architect's design alternative was simply the same house in another site and argued that it would be more expensive to build it there. This, she observed, created a loophole. Ms. Torgerson reiterated that she was hoping the City Council would give staff some clear direction regarding "design alternatives". Eric Greening wondered when a policy regarding the Tree Fund and its' use would be before the City Council. Rick Dunbar stated that his home was designed around the many trees on his lot. Rush Kolemaine, Potrero Road resident, shared concern about asking for property owners to supply numerous design alternatives because it is too costly. ---End of Public Testimony--- No action taken. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Bewley stated that he was uncomfortable with the way the City is sending out Requests for Proposals (RFP's). He suggested that if bids do not have all the information requested they should be deemed incomplete. He added that if information is not supplied, staff should not contact the bidders. Councilman Bewley indicated that he was also uncomfortable with bidders coming before the City Council voicing their opposition to, or support for staff recommendations relating to the bid award. Mayor Nimmo remarked that he would like to see staff make maximum efforts to provide RFP's complete in every detail and without ambiguities. Councilwoman Borgeson agreed. Councilman Luna suggested that staff devise a cover sheet, for ultimate Council approval, to be included in the RFP about the "ground rules". Andy Takata indicated that staff will look at the way it is currently sending out RFPs and draft a policy for Council review. He clarified that any member of the public is entitled to speak on any item on the agenda, including bid awards. CC 03/22/94 Page 8 2. City Treasurer Micki Korba praised Russ Scotten, Interim Finance Director, for his hard work and achievements to date. 3. City Manager: Mayors and Council Members Institute, May 11-13, Sacramento. Andy Takata asked the Council to consider attendance at the Mayors and Council Members Institute and get back to staff so that arrangements can be made. He also mentioned that it would be necessary for the City Council to cancel the regular meeting set for April 12, 1994 because of the special election and suggested that the meeting be rescheduled for Thursday, April 14, 1994. He clarified that the City Council must consider Community Development Block Grant program funding for 1994 before the last meeting in April. In addition, the City Manager reminded the City Council that the final candidates for Community Services Director would be interviewed on Friday, March 25, 1994 and a Special Closed Session regarding the appointment was scheduled for 6:30 p.m. that evening. Councilwoman Borgeson mentioned that she had been called for jury duty and may not be able to attend. THE CITY COUNCIL ADJOURNED THE REGULAR MEET/NG AT 8:50 p.m. CLOSED SESSION: At 9:05 p.m., the meeting for purposes of discussion regarding pending litigation, entitled, McMeans/Torgerson v. City. Said closed session is held pursuant to Government Code Section 54956.9. In addition, the City Council will meet and confer with the City's Property Negotiator to discuss the potential purchase of real property for a fire station on Del Rio Road. Said closed session is held pursuant to Government Code Section 54956.8. MIN U ES RECORDED AND PREPARED BY: LEE PRICE, City Clerk CC 03/22/94 Page 9