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HomeMy WebLinkAboutMinutes 072285 MINUTES - ATASCADERO C0Y COUNCIL1PlEETiN G AGENDA . . Regular Meeting DATE 8/12/85 nEM l July 22 , 1985 , 7 : 30 p.m. Atascadero Administration Building APPROVED AS PRESENTED BY COUNCIL 8/12/85 The Regular Meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance. No in- vocation was given this evening. ROLL CALL Present: Councilmen Molina and Handshy, Councilwomen Mackey & Norris and Mayor Nelson. Absent: NONE STAFF Mike Shelton, City Manager; Grigger Jones, City Clerk/Int. City Atty. ; Bud McHale, Police Chief; Paul Sensibaugh, Public Works Director; Henry ,Engen, Planning Director; Bob Best, Recreation Director; Vern Elliott , Fire Mar- shall; Georgene Kreinberg Personnel Analyst; Cindy Wilkins, Deputy City Clerk; Mike Hicks, Fire Chief (arrived late , due to fire) . COUNCIL COMMENT Councilwoman Mackey would like to see a moratorium in the Mananita/Separado/ Arizona area - 3rd request. Since her first request, she stated seven new houses have been built on 501x 100 ' lots on !Mananita, and others are in pro- gress on the other -streets mentioned; these .lots are just not big enough due to the septic problems .already existing in the area. Paul Sensibaugh, Pub- lic Works Director, responded that staff report is forthcoming. Councilwoman Norris thanked the many people who sent cards, letters, flowers and made phone calls to her during her stay in the hospital. A. CONSENT CALENDAR (Note: Mike Shelton indicated that, on Items 9 , 10 & 11 , the word "tentative" should be changed to "Final" Parcel or Tracf Map on the attachment to Item 12 , the Associate Planner position should be added to the list, and Support Services Coordinator should replace the title of Record Dispatch Coordinator. ) 1 . Minutes of the Regular Council Meeting of July 8 , 1985 (RECOMMEND APPROVAL) 2. Treasurer ' s Report - June 1-30 , 1985 (RECOMMEND APPROVAL) 3. Finance Director' s Report (Summary) - May 1-31 , 1985 (RECOMMEND APPROVAL) 4. Tentative Parcel Map 15-85 — 7850 Portola Road (Lot 10 , Block KC) Knowles/Stewart (Engineer) (Division of 1 . 12 Acres into 2 lots of . 50 and . 62 acs. ) (RECOMMEND APPROVAL) (CONTINUED. . . ) 5 COUNCIL MINUTES - 7 22 5 is PAGE TWO 5. Annual Maintenance District Assessment Rate Changes A. Proposed Resolution 66-85 - Maleza Maintenance District B. Proposed Resolution 65-85 - San Fernando Maintenance District 6. Request Approval Special Funds to Improve Halcon Road 7. Request Authorization to Prepare Specifications and Advertise for Bids for Resurfacing Program 8. Lot Line Adjustment 5-85 - 5430-5440 Olmeda (Lots 59 & 60 , Block QA) - Baer/Kennaly Engineering (Revise lot line to follow driveway and fencing) 9. Final Parcel Map 13-85 — 8942 Palomar Bunyea/Kennaly Engineering (RECOMMEND APPROVAL) 10. Final Parcel Map 22-84 - 9070 La Paz Road - Giessinger/Volbrecht Surveys (RECOMMEND APPROVAL) 11 . Final Tract Map 25-84 - 3500 El Camino Real (portion of Lot 6, Block 18) - Colony Park Assoc. /Kennaly Engineering (RECOMMEND APPROVAL) 12. Proposed Resolution 67-85 _Becker and Bell Classification Study Title Changes (RECOMMEND APPROVAL) Councilwoman Norris requested Item 12 be pulled from the Consent Cal- endar for a separate discussion. MOTION: By Councilwoman Mackey for approval of Consent Calendar Items 1-11 , seconded by Councilman Molina. Passed Unanimously by roll-call vote. Councilwoman Norris asked how much more money would come with the new titles of the Becker & Bell Classification Study. Georgene Kreinberg, Personnel Analyst, responded that the figures will be available when labor negotiations are completed. Mr. Shelton explained the reason why the issue of compensation was separated from that of classifica- tion. MOTION: By Councilwoman Mackey for approval of Item 12 , seconded by Coun- cilman Handshy. Passed 4:1 by roll-call vote, with Councilwoman Norris voting N0. B. HEARINGS, APPEARANCES AND REPORTS (Note: Mayor Nelson stated he was requested to move Item 1-A & -B to Item C-3 so that all fees can be discussed at the same time. Council concurred with change. ) 1. Atascadero Unified School District - SEE ITEM C-3 �P COUNCIL MINUTES - 7/22/85 PAGE THREE 2 . Weed Abatement A. Proposed Resolution 53-85 - Confirming Costs of Weed Abate- ment B. Weed Abatement Appeals - -Public Hearing Mike Shelton, City Manager, gave staff report in the absence of Chief Hicks , who was called out on a fire this afternoon. Public Comment George Virgil, 7480 Bella Vista, expressed concern regarding lots adjacent and near to his property, some of which are owned by per- sons living out of the area; the weed abatement postings were ignored and a fire occurred. He inquired if the City will bill the lot owners for the expenses of fighting, that fire. Mayor Nelson directed Fire Marshall Vern Elliott to have Capt. Roland Snow look into subject. There were no public appeals to the weed abatement costs. MOTION: By Councilman Molina to adopt Res. 53-85 , at the same time com- mending the Atascadero Fire Dept. for their efforts in carrying out the weed abatement program; seconded by Councilman Handshy. Passed Unanimously by roll-call vote. 3. Public Hearing to consider Zone Change 4-85 by H.L.S. Properties Ltd. (Associated Professions) to Amend Zoning Map from Residential Suburban to Commercial Neighborhood at 1875 El Camino Real (Lot 31 , Block 49) (Proposed Ordinance No. 109) (FIRST READING) Henry Engen, Planning Director , gave staff report. No public comment. MOTION: By Councilman Handshy to read Ord. 109 by title only, seconded by Councilwoman Mackey. Passed Unanimously. i Mayor Nelson read Ord. 109 by title only. MOTION: By Cou.nd.ilman Handshy that this constitutes the first reading of Ord. 109 , seconded by Councilwoman Norris. Passed 3 :2 , with Coun- cilman Molina and 'Councilwoman Mackey-voicing No. Second reading to be at the August 12th Council Meeting. 4. Appeal of Planning Commission Denial of Conditional Use Permit Allowing the Expansion of a Residential Care Facility from 4 to 15 Residents - Levi Barrett - 1950 Traffic Way - PUBLIC HEARING Henry Engen gave staff report and subsequent recommendations. Mr. Engen then answered Council inquiries with regard to zoning of subject property. COUNCIL MINUTES - 7/225 PAGE FOUR Public Comment Levi Barrett, the applicant at 1950 Traffic Way, wished to correct Mr. Engen on one point withregardto State Law, saying it prohibits anyone from having another care facility within 300' of an existing care facility; so, if his lot was split at some time, he could not have two facilities next door to each other. Mr. Barrett then read a prepared statement in response to some of the neighbors ' dissent with his and his wife ' s application for C.U.P. 7-85 ; he feels the scope of their dissent raised immaterial and irrelevent issues, causing the Planning Dept. and Planning Commission to falter in their commitment to looking into the basic issues and making a rational decision based only on those issues. He provided Council members with copies of a neighborhood petition circulated by a Mr. Gehre,as well as copies of a tract map indicating those in the area who did or did not sign the petition and elaborated on their ihdi- vidual cbnd.erns'. He Mated the Atascadero News had erroneously reported'-that all of the neighbors hdd signed the petition against granting the use permit, asking that that assumption be corrected. Referring to the recent approval (through the conditional use pro- cess) for expansion` of the Christian Home, he questions the fairness of arbitrarily, because of neighbors ' opposition, denying them a use permit; he feels the resolution adopted by the Planning Commission, on a very narrow 4:3 vote , was very general in .nature _and .cannot sustain close scrutiny. After reading his statement, he asked that Council state their reasons, for or against, when they vote tonight . on this item. Brian Jalbert will be residing in a house currently under construc- tion at 2100 Traffic Way, adjacent to the Barrett property. He expressed concern with safety, traffic, dust, noise and crowding, in general, appealing to Council to keep the faith of the neighbor- hood and maintain its rural character by denial of the Barrett ' s appeal. Councilwoman Mackey read from a prepared statement, indicating her reasons for upholding the Planning Commission4s denial. Councilwoman Norris agreed with Councilwoman Mackey, particularly with reference to the point that- some of-`:the neighbbrs bought ,lats from Mr. Barrett in good faith, not knowing of his plan to build a care facility at that location. Councilman Molina made comments in favor of the appeal. Councilman Handshy responded to some of the concerns expressed by area residents, commenting that this issue boils down to the rights of Mr. Barrett vs. rights of the neighborhood. Mayor Nelson stated that the wisdom is in the law itself, which pro- vides for six people in a residential dwelling; he also feels it' s a property rights vs. neighborhood rights issue. COUNCIL MINUTES - 7/22/85 PAGE FIVE Jeanette Gehre, who resides directly across from the Barretts , stated she does not oppose the existing facility and admires them for their care of 4-6 residents; however, she spoke in opposition of expanding the facility into separate buildings, citing the -re- sultant business-type situation, the difficulty in overseeing the facility's residents for safety concerns, and the additional vehicle travel to and from the facility. She also mentioned that the pro- perty was sold to them in good faith that the area would maintain, its rural character, Mr. Barrett made closing comments , responding to some of Mrs. Gehre ' s concerns, and referring to all of the correspondence he has provided the City in answer to the liability concerns He stated he hopes the Mayor changes his view tonight and votes with property rights, asking Council to listen to the facts as they've been presented and not listen to distortions. Councilman Handshy inquired,lof Mr. Barrett if he has considered an addition to his existing house. Mr. Barrett responded that he would be happy to discuss anything thatCouncilwould be willing to discuss with him. and is open to their considerations. Claudia Tantum asked when does it cease being a care facility, i.in the sense of the Barrett ' s opening their house to the residents , ' and start being a business; with two residences and hired ,help, it. seems it would become the latter. She agrees with State lawman- dating 6 people per household. Marlene Barrett spoke for the rights of the developmentally dis- abled, stating "I want them" . She feeds they deserve ,to live in a rural and loving environment, and stated they' havn't and''will never run their facility like a "business there should not be a significant increase in the traffic to and from the home, des- pite comments to the contrary made earlier. She asks for Council approval on behalf of those who cannot defend themselves and rely on people like herself 'And Mr. Barrett to preserve their rights and freedom -- they are citizens. Closing Council comments came from Councilwoman Norris and' Council- men Handshy and Molina. MOTION: By Councilman Molina to approve Res. 61-85 , seconded by Council- man Handshy. Motion denied by 3:2 roll-call vote, with Council- women Mackey and Norris and Mayor Nelson voting NO. MOTION: By Councilwoman Mackey to approve Res. 60-85, seconded by Council- woman Norris. Passes, denying the appeal, by 3: 2 roll-call vote, with Councilmen Handshy and Molina voting NO. 5. Appeal of Planning Commission Requirements for Curb, Gutter and Paveout_ Requirements - Escuela del Rio 5940 Rosario (PUBLIC HEARING) ck • COUNCIL MINUTES - 7/22/85 PAGE SIX Henry Engen gave staff report and subsequent recommendations. He also responded to Council comments from Councilwoman Mackey And Councilmen Handshy and Molina. Public Comment Jack Stinchfield, member of Escuela del Rio Board of Directors-, indicated: that' the Board, basically, concurs with staff findings; however, they do have a funding problem and, as the street im- provements will cost about 15% of their totalbudgetfor improve- ments, they would prefer to meet the requirements in phases as funds become available. He stated Escuela del Rio would, if nec- essary, offer a letter of guarantee that would allow an assessment against their property if they did not perform improvements by the specified date per such letter. He responded to inquiry by Councilman Molina regarding the time-span involved. Closing Council comments came from Councilman Molina and Mayor Nelson. MOTION: By Councilwoman Mackey to adopt Res. 64-85 , seconded by Council- man Handshy. Passed unanimously by roll-call vote, with Mayor Nelson noting that the adoption of this resolution is to include the posting of guaranteed future performance by Escuela del Rio. MEETING ADJOURNED FOR A FIVE-MINUTE BREAK. C. UNFINISHED BUSINESS 1. Ordinance Number 108 Amending Ordinance 105 - Parks and Recreation Rules -and Regulations - Usage of Atascadero Lake - ' (SECOND READING) Bob Best, Recreation Director, gave staff report. No public comment. MOTION: By Councilwoman Mackey for second reading, by title only.. of Ord. 108, seconded by Councilman Molina. Passed unanimously. Mayor Nelson read Ord. 108 by title only. MOTION: By Councilwoman Mackey for adoption of Ord. 108 and that this .con stitutes the second reading. Passed unanimously by roll-call `vote. 2 . Continued Discussion on City Development Impact Tax Fees. Mike Shelton, City Manager, gave staff report, recapping the City' s financial situation and explaining their recommendations. He stat ted that, if the Council were to approve this overall scheme tonight (he emphasized the only thing staff is recommending tonight is bring- ing back the $. 50 per sc{. ft. fee) , a $4 ,000 overall charge, it 1® • • COUNCIL MINUTES - 7/22/8`5 PAGE SEVEN would result in an annual City revenue, the Development Tax, of $327 ,550 per year; future development fees, when and if they're implemented to the full amount suggested in the staff proposals , $1 ,800 , would bring in approximately $700 ,000 , for a total annual revenues at a little over $1 ,000 ,000. Mr. Shelton then directed each of the Department Heads to briefly describe their first year (from a table .in) the agenda packet, indicating-Capital Improvement Projects for the next five years) capital improvement project needs that the Council will be considering when they review the budget. (Transparencies were shown on the overhead screen for the public to follow along. ) Department Heads speaking were:: Bud McHale, Police Chief; Bob Best (transparency not available) , Recreation Director; Mike Hicks , Fire Chief; Paul Sensibaugh, Public Works Director (of the $1 ,500 ,000 requested, Mr. Shelton emphasized that almost $1 ,000 ,000 is capital improvement projects for the Public Works Dept. ) . In summary and response to some of the questions at the Special Study Session of June 26th, the imposition of development charg- es will significantly reduce the need for City-wide special assessment district taxes, which are very, unpopular and very distasteful to many citizens. (See attachment to Mr.., She.lton' s mento to Cound.il dated July 11 , 1985 , page 7. ) Mr. Shelton stated that staff is attempting, tonight, to present the whole needs of the City so that the Council may carefully consider that in relationship to the request and needs of the School District, which is the next item on tonight ' s agenda. Staff also requests this evening that Council, on behalf of developers ' requests , clarify the reimbursement formula for the drainage development costs in the Amapoa-Tecorida area. Councilwoman Norris read from a publication in support of her sub- sequent comments that she feels the City' s citizens are being unfairly double-taxed, and concerted efforts should be made to ob- tain property tax funds from the County. Mr. Shelton responded to her comments. Public Comment Tom McNamara noted, for the audience , that staff had lowered the dollar amount from earlier meetings to $ .50 per sq. ft. , not.'be- cause their sights were lowered, but because State law (the Pro- visions of Prop. 4) limits the amount .City administrators can impo s e. Eric Michielssen, as President of Atas. Board of Realtors, pro- vided each Councilmember `with a policy statement prepared by the Board "with great thought" ; he then read the statement and ex- COUNCIL MINUTES - 7/22/85 PAGE EIGHT plained some of the comments it contains. He stated the Board, would be glad to serve on an ad hoc committee to work with the City to develop additional revenue sources and, ultimately, de- velop a total revenue plan. Shirley Summers read, from a prepared statement, some general comments on development fees and the purpose (s) they should serve. Claudia Tantum, a 9-year- Atas. resident, stressed that all new- comers don't necessarily build a new home but buy an existing one thus, the proposed developers fees don't cover all the new people that come into the City, nor do they cover the big developments in progress or recently completed. Also, the new builder isn't necessarily a new area resident but often a long-time one who' s finally getting a home. Jack Stinchfield complimented the Council and staff for their planning and looking into the future for the community' s needs and trying to find solutions. He encouraged Council not to look only at the newcomers to Atascadero to support the community's needs , but to look at all of the people and get an overall tax base to work from to give us the support. If the citizens are not prepared to pass a tax rate that gives Atascadero the needed rev- enues, or' if they're not in support of a sales tax increase, then they don't want the services , and the services need to be adjusted to the revenues. In reference to:-the: School, District'>st _regte!st�,_ he feels if the District brought their request to the people in the form of a general bond issue, the people would support their needs. He feels, both the City and the School District have under- estimated their citizens. Mike Hicks, Fire Chief, responded to some of the comments heard tonight with regard to the need for service, primarily the area of emergency services. He statedep ople create the need for service; he estimates, this year alone, the City will respond to over 1 ,500 calls for emergency service,_compared to 465 calls during Atas- cadero ' s first year after incorporation (noting 4 employees res- ponded to those calls) and 1 ,055 calls in 1984 . We , basically, have the identical resources to provide the same level of service , year after year, with no additional financial resources in order to meet dramatically changing/increasing needs. Perhaps a moratorium on building is another alternative to be considered. ClosingCouncil comments came from each Councilmember. MOTION: By Councilman Molina to concur with (3) staff recommendations, seconded by Councilwoman Mackey. Passed 4 : 1 by roll-call vote, with Councilwoman Norris voting NO. 3. Atascadero Unified School District: A. Proposed Resolution 62-85 - Concurring with Atascadero Unified School District' s Findings of Overcrowding i'� COUNCIL MINUTES - 7/22/85 PAGE NINE B. Proposed Resolution 63-85 -' Adopting Fees for "Interim School Facilities" (Ordinance #107) Henry Engen gave staff report. Public Comment Tom McNamara stated, although the School District has established the need for additional facilities , it has not established the need for this fee. He feels they have the monies now, within their re- serves, to pay for these temporary classrooms. Shirley Summers spoke of her involvement with the schools since first coming to Atascadero in 1972 , including having served on a committee for school facilities in 1980-81 . She voiced her support of any pos- itive action Council takes in regard to the District's staff report.;, feeling that it provides excellent documentation of their situation and efforts to find optional financial sources. Ellen Baer, a past '.aibra.rian and current School Board member, res- ponded to Mr. McNamara' s comments , saying she hopes Council will approve the District' s request. Dr. Avina reviewed the District ' s purpose in asking for fees; he thanked the City Council for the generosity in allowing time for both the public and the District to provide input on this issue._ Item came back to Council for final discussion; a compromise of the proposed fee schedule was suggested, to which Dr. Avina expressed his surprize. He urged the Council to consider the many months of hard work the District has gone through to reach their proposal and support the resolution as presented. MOTION: By Councilman Handshy to adopt Res. 62-85 , seconded by Councilman Molina. Passed 4: 1 by roll-call vote , with Councilwoman Norris voting NO. MOTION: By Councilman Molina to adopt Res. 63-85 , with changes in the fee structure to read $100 , $400 , $400 , $500 , $500 , $600 and $600 (see Attachment A/Schedule of Fees , attached to' the resolution) ; seconded by Councilwoman Mackey, who asked that the fees be compromised to read $100 more , in each case., than Councilman Molina' s suggested figures , to which Councilman Molina agreed: $200 , $500, $500, $600 , $600 , $700 and $700 . Motion fails by 3 :2 roll-call vote, with Councilman Handshy, Councilwoman Norris and Mayor Nelson voting NO. Further Council discussion. MOTION: By Councilman Handshy to adopt Res. 63-85 as written, seconded by Mayor Nelson. Motion fails by 3 :2 roll-call vote, with Councilman Molina and Councilwomen Mackey and Norris voting NO. COUNCIL MINUTES PAGE TEN Further Council discussion. MOTION: By Councilwoman Mackey to adopt Res. 63-85 , reflecting her suggested figures ($200 - $700) on the fee schedule, and directing the City committee to continue to work with the School District to see if , any adjustments need to be made; seconded by Councilman Molina. Passed 3 :2 by roll-call vote, with Councilman Handshy and Council- woman Norris voting NO. D. NEW BUSINESS 1. Award of Bid #85-30 - Soil Amendment - Paloma Creek Park Bob Best, Recreation Director, gave staff report. No public comment. MOTION: By Councilman Molina to award Bid #85-30 in the amount of $6 ,162 .50, or $8 . 50. per cubic yd.,, seconded by Councilwoman Mackey. Passed unanimously by roll-call vote. 2. Grant Applications for Recreation Department: A. Proposed Resolution 58-85 Approving Application for Grant Funds under RegionalCompetitive Program of the California Park and Recreation Facilities Act - Paloma Creek Park B. Proposed Resolution 59-85 Approving Application for Grant Funds under Lakes, Reservoirs and Waterways Program of the California Park and Recreation Facilities Act - Atascadero Lake Project Bob Best gave staff report. No public comment. MOTION: By Councilman Molina to adopt both Res. 58-85 and 59-85 , seconded by Councilwoman Mackey. Both resolutions passed unanimously by roll-call vote. MOTION: By Councilwoman Mackey that meeting continue past 11:00 p.m. seconded by Councilman Molina . (Mayor Nelson noting it is now 11 :35 p.m. ) . Passed unanimously. MOTION: By Councilwoman Mackey that Council recess and convene as the' , Atascadero County Sanitation District Board of Directors, seconded by Councilman Molina. Passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT 1 . Atascadero County Sanitation District Sanitary Sewer and Waste- water Study Proposal Recommendation Paul Sensibaugh, Public Works Director, gave staff report. COUNCIL MINUTES - 7/2215 PAGE ELEVEN Of the three engineering firms from which the Public Works Depart- ment sought proposals Engineering Sciences of Arcadia, James _ Montgomery Consulting Engineers of San Luis Obispo, and John Wal- lace & Associates of San Luis Obispo - only the latter two firms chose to submit them. A volunteer proposal was received from Kennaly Engineering on behalf of local developers. Public Comment George Hyland expressed his concern that the sizing/capacity' of the sewage collection system has not been addressed. The present system was sized based on the County zoning that was in effect in 1968. (Mr. Hyland was a member of the Sewer Bond Committee that year, and, after the passage of that bond, a member of the Atas. County Sanitation District Citizens Advisory Committee appointed by the Board of Supervisors. ) He suggests that a close look at the capacity of the collection system itself is probably more critical than a look at the treatment facility. To expand the treatment facility the City has would be relatively inexpensive compared to the extreme expense the City would face if it became necessary to replace inadequate underground pipes. Staff responded that review of the collection is a part of the Public Works Dept. study. MOTION: By Councilman Molina to direct staff to proceed with alternative E and then, if necessary, D of the staff recommendations; seconded; by Councilwoman Mackey. Passed unanimously. MOTION: By Councilman Molina to recess as Atas . County Sanitation District and reconvene as Atas. City Council, seconded by Councilwoman Mackey. Passed unanimously. F. COMMUNITY FORUM Nina Bunyea, resident on San Dimas Ln. , commented on the increased sewer fees since the City took over collection of those fees, and she asked where those monies are going. Mayor Nelson responded that the monies are used to repay the grant which paid for the construction of the sewer plant. Mr. Shelton also responded to her question. Regarding sewer capacity concerns, she would like to see a formula which reflects how the number of occupants per structure (or fixtures, perhaps) _equates with the sewer capacity. Also, are energy-saving devices taken into consideration or encouraged? Mayor Nelson, Councilman Molina and Mr. Sensibaugh conferred on Ms. Bunyea' s comments. G. INDIVIDUAL DETERMINATION AND/OR ACTION NONE s � MEETING ADJOURNED AT 12: 07 A.M. , 7/23/85 RECORDED $ PREPARED BY: ROITERT M. JONES, ity Clerk CINDY WI INS, Deputy City Clerk 17