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HomeMy WebLinkAboutMinutes 101194 Approved as Submitted Meeting Date: 10/27/94 ATASCADERO CITY COUNCIL OCTOBER 11, 1994 MINUTES The Mayor called the meeting to order at 7:03 p.m. Councilperson Johnson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner; Art Montandon, City Attorney; Brad Whitty, Finance Director; Bud McHale, Police Chief and Steve Sylvester, City Engineer COUNCIL COMMENTS: Mayor Bewley welcomed back Councilman Carden from his vacation. PRESENTATIONS: Mayor Bewley presented a plaque of appreciation to Mrs. Priscilla Berger in honor of her late husband Jim Berger for his service on the City's Planning Commission. Mayor Bewley recognized Tom Bench, Diana Cooper, Ken Meyer and Karen Coniglio for serving on the City's Parks & Recreation Commission. He presented plaques to Diana Cooper and Ken Meyer. (Tom Bench was not present due to a class conflict; Karen Coniglio was not present to accept). CC 10/11/94 Page 1 PROCLAMATION: Mayor Bewley read the proclamation for "Red Ribbon Week" and presented it to Tom Sullivan. Mr. Sullivan reported on the theme of this year's Red Ribbon Week ("Karla's World") and presented each member of the Council with a T-Shirt. COMMUNITY FORUM: Patricia Johnson, speaking for her husband Walter and herself, requested a response from Council regarding their offer to sell to the City of Atascadero the historic building located at 5815 Traffic Way. She noted that they were offering the City the opportunity to buy what was the old fire station before placing the property on the open market. Members of Council indicated that although there is an interest, the City's financial situation will not allow them to make any financial commitment. The City Manager advised that this matter was not on the agenda and suggested that the Council may wish to address it as an agenda item during the mid-year budget review early next year. Mayor Bewley suggested to Mrs. Johnson that she sell if she has the opportunity. Ray Jansen, 6655 Country Club Drive, asked all to support the publication, The Planetary Connection. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - September 27, 1994 2. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF SEPTEMBER, 1994 3. COMMUNITY SERVICES FOUNDATION A. Resolution No. 105-94 - Amendment to Res. No. 89-91 , Atascadero Community Services Foundation B. Resolution No. 95-94 - Appointing five members-at-large to the Atascadero Community Services Foundation, Inc., Board of Directors 4. RESOLUTION NO. 106-94 - Authorizing the execution of an agreement with Yakima Compost Co., Inc., for biosolids management and disposal/reuse services Councilmember Highland made a correction to page 7 of the Minutes of September CC 10/11/94 Page 2 27, 1994 to clarify the address of speaker, Rose Flaherty. MOTION: By Councilmember Highland, seconded by Councilmember Luna to approve Items #A-1 (as amended) through 4; motion passed 5:0 (Note: Councilman Carden abstained on Item #1 due to absence). B. PUBLIC HEARINGS: 1. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of a tentative parcel map application to divide an existing 1 .35-acre (gross) lot into two parcels of 0.54 and 0.68 acres (net) for single family residential use (Maxson/Wilson Land Surveys) (cont'd from 9/27/94) Steve DeCamp summarized the application and provided background. He reported that findings and conditions of approval (presented as an addendum to the staff report) have been revised and are being recommended for approval. He also noted that a subdivision improvement agreement approved by the City Attorney was included in the packet for consideration. Staff responded to questions from the Council regarding recordation of the map and conditions of the subdivision improvement agreement. Councilmember Luna referred to a citizen's petition opposing Condition #17 relating to road improvements filed with the City Clerk's office. He reiterated concern that when road improvements are needed on Portola Road there will not be adequate funds available to construct them. He reiterated support for establishing a funding mechanism to secure monies to install the improvements in the future. Council- member Johnson remarked that he conceptually agrees, however, because there is no immediate plan to widen Portola Road he questions whether it would be wise to require the applicant to bond for the improvements at this time. He added that he was not in favor of widening only one small portion of the road. Mayor Bewley remarked that while a walkway may be needed on Portola, he would not like to see the road widened. Councilman Carden concurred and stated that a wider driving surface may result in increased driving speeds. He pointed out that the applicants agree to contribute to an in-lieu fee for sidewalks and commented that this is appropriate to ensure pedestrian safety. Councilmember Highland spoke in favor of supporting the Circulation Element and asserted that if the City continues to make exceptions to it then the document has no significance. CC 10/11/94 Page 3 Councilmember Luna declared that it remains prudent to set up a fund in anticipation of future subdivisions so that the taxpayer does not have the financial burden of paying for improvements. The City Attorney advised that in-lieu development fees can be imposed on all new construction and explained that the amount is set by how much the unit or development impacts the City. Public Comments: Ken Wilson, representing the applicants Marlin and Marcella Maxson, spoke in support of the tentative parcel map and requested that Condition #17 be deleted as was recommended previously by the Planning Commission. He explained that it would be cheaper for his clients to build the road than to put up the bond. He also confirmed that the applicants have agreed to contributing $25 per foot towards sidewalk improvements. ---End of Public Testimony--- Responding to Councilmember Luna's inquiry, the City Attorney explained that it may indeed be more advantageous for the applicant to construct the improvements now with some monetary certainty rather than waiting until the City has established the in-lieu fee. He proposed that, as an alternative, the City can accept an Irrevocable Offer to Dedicate and accept the in-lieu fee for the sidewalk. He added that the only other costs the City would incur for future street expansion and construction would be grading and asphalt. Steve Sylvester emphasized that, if the City Council agrees to give direction to staff to not require full improvement, an exception is being made on this particular property in this specific area. It is important to note, he added, that the Council is not establishing a policy whereby no road improvements will be required for some other parcel map for another area with a different set of circumstances. Having said that, the City Engineer proposed that Condition 17 be revised as follows: "The parcel map shall include dedications as follows: (Delete "a. " and replace with the following ): a. (formerly "b. ") Slope easements shall be provided as needed to accommodate cut or fill slopes. b. (formerly "c".) A 10' offer of dedication shall be provided along Portola Road contiguous to the property frontage. Said offer of dedication shall be recorded prior to or in conjunction with the recordation of the Parcel Map." The applicant's representative agreed to the amended condition. MOTION: By Councilman Carden, seconded by Councilmember Johnson to approve the tentative parcel map and modify Condition #17 as recommended; motion approved 5:0 by roll call vote. CC 10/11/94 Page 4 Council requested that staff expedite the matter and bring the final map back for final approval at the next meeting. Steve Sylvester reported that it typically takes 4 to 6 weeks to prepare and record the map but indicated staff would try to meet the Council's request. There was consensus that staff is to continue working on establishing a funding mechanism to secure fees in-lieu for development improvements. C. REGULAR BUSINESS: 1. 1993-1994 REPORT AND 1994-95 GOALS OF THE ADVISORY BODY TO THE S.L.O. COUNTY MASTER PLAN TO REDUCE DRUG & ALCOHOL ABUSE Tom Sullivan, Chairperson of the San Luis Obispo County Master Plan Advisory Board, presented an overview of the goals and objectives of the County's Master Plan to reduce drug and alcohol abuse. Susan Mullen, Vice-Mayor of the City of Morro Bay, highlighted the contents of a packet of information supplied to members of the Council and staff. Included, she noted, is a model alcoholic beverage outlet conditional use permit ordinance and other information regarding effective use of local planning and zoning powers to prevent problems related to alcohol outlets. Ms. Mullen requested that the City Council review the Master Plan and related information and pass it on to the Planning Commission and others. She encouraged all to provide comments in writing and suggested that the City sponsor, in conjunction with the North County Connection, a public workshop relating to drug and alcohol issues. Ms. Mullen also urged the Council to consider adopting a resolution encouraging a clean and sober lifestyle and a drug free work place. She mentioned that a sample resolution will be available soon. There was consensus to pass the information on to the Planning Commission, the Parks& Recreation Commission, to the Police Department and othermembers of staff. Staff will seek to coordinate a community workshop. Public Comments: Eric Greening, 7365 Valle, expressed appreciation to members of the board for their efforts and asked Sue Mullen whether or not the board had studied the impact card rooms and other establishments may have on alcohol and drug use. He stressed that everyone can assist by modeling a lifestyle of non-addictive behavior. Ms. Mullen reported that the committee had not looked at whether there is a correlation between card rooms and substance abuse. She added that the focus had been on alcohol outlets and the use of alcohol in public places. CC 10/11/94 Page 5 ---End of Public Testimony--- Councilmember Luna asked Sue Mullen what kinds of programs are the most successful. Ms. Mullen replied that, from a city perspective, the use of diversion rather than incarceration proves to be more effective. She also explained that appropriate training for those who work in alcohol establishments is also necessary. Councilmember Luna asked if any public workshops have been scheduled in the County. Sue Mullen reported that the City of Morro Bay is planning one for the month of January 1995. By consensus, the Council directed staff to bring back a resolution as recommended by Ms. Mullen. The Mayor called a break at 8:20 p.m. The meeting was reconvened at 8:36 p.m. 2. SALINAS RIVER AREA PLAN - Discussion and direction to staff relative to forwarding additional comments to the County on this draft plan Steve DeCamp introduced the item and responded to brief questions. Council comments followed regarding proposed plans for expanding Highway 101 to six lanes (Cuesta Grade north to Paso Robles). Councilmember Luna proposed that the City send a letter to the County urging assurance that infrastructure will precede or coincide with the development that makes the improvements necessary. He asserted that it is important to send a message to the County and to Caltrans that all freeway interchanges in Atascadero are deficient. Councilmember Highland agreed and remarked that the County should promote a better job and housing balance rather than a six lane freeway. Councilmember Johnson pondered whether inter-modal transportation was taken into account and observed that rail may mitigate some of the commuter congestion. Councilmember Luna added that inter-modal and public transportation provide better alternatives to more and/or wider roadways. Public Comments: Eric Greening, representative on the Citizens Transportation Advisory Committee, reported that work on the Plan's EIR is under way. He explained that there are four alternatives to chose from: #1 - No change, #2 Minor improvements, #3 - the CC 10/11/94 Page 6 addition of a truck lane, and #4 - expansion to six lanes. He encouraged the City Council to let the Board of Supervisors know as soon as possible how it feels about the proposed expansion of Highway 101 . ---End of Public Testimony--- By mutual consent, staff was directed to draft a letter to the County Board of Supervisors asking for assurance that Highway 101 expansion plans include necessary improvements to infrastructure. The matter will comeback for final Council approval. 3. ORDINANCE NO. 281 - Amending the official Zoning Ordinance text to allow "business and vocational schools" in the Commercial Professional (CP) Zones (Recommend motion to adopt on second reading by title only) There were no questions or comments. MOTION: By Councilmember Highland, seconded by Councilmember Johnson to adopt Ordinance No. 281 on second reading; motion carried 5:0 by roll call. 4. DISCUSSION: CANCEL/RESCHEDULE OCTOBER 25, 1994 MEETING Andy Takata reported that members of the Council and staff would be attending the League of California Cities Annual Conference in Long Beach October 23rd to the 25th. Because of this, he explained, staff is recommending that the regular meeting of October 25th be postponed to October 26th or 27th. Council consensus was to re-schedule the meeting for Thursday, October 27th at 7.00 p.m. D. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilmember Johnson reported on the meeting of October 5th and announced that there will be no meeting in November. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Highland noted that he had requested staff to bring back an ordinance staggering the terms of the members of the Parks and Recreation Commission. Staff confirmed that the matter will be coming forward. CC 10/11/94 Page 7 Mayor Bewley announced that John Vial has resigned from the ad hoc committee formed to study the building permit process. He explained that the committee's work is halfway through and therefore he is not recommending a replacement. By mutual consent, no direction was given to replace Mr. Vial. 2. City Attorney Art Montandon reported on the September 29, 1994 California Court of Appeals opinion on the O'Keefe v. City of Atascadero case. He explained that the City prevailed and court costs were awarded. The City Attorney noted that he is conducting research to bring back recommendations regarding recovery. Councilman Carden asked also that the City Attorney determine if the case could be considered a "frivolous lawsuit" and suggested that, if so, the City pursue it vigorously. 3. City Treasurer Micki Korba indicated that the August Treasurer's Report will be on the next agenda. She also mentioned that she had provided each councilmember with a copy of future projections for the Orange County Investment Pool. At 9:07 p.m., the Mayor adjourned to Closed Session. F. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization and Mid-Management Bargaining Unit Closed Session was adjourned at 10.00 p.m. The City Council discussed labor negotiations with the City Manager and gave direction. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, OCTOBER 27, 1994 AT 700 P.M. 7 1 ES E D AND PREPARED BY: LEE PR i r ICE, C Clerk CC 10/11/94 Page 8