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HomeMy WebLinkAboutMinutes 081285 W TING AGENDA MINUTES - ATASCADERO CITY COUNCIL ` Regular Meeting August 12 , 1985 , 7: 30 p.m. (MINUTES APPROVED AS PRESENTED 8/26/85) " Atascadero Administration Building 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. The in- vocation was given by Rev. Bob Kenagy, Berean Baptist Church. ROLL CALL Present: Councilmen Molina and Handshy, Councilwomen Mackey and Norris :and Mayor Nelson. Absent NONE STAFF Mike Shelton, City Manager; Grigger Jones, ;City Clerk/Int. City Attorney; ; , Sgt. Bill; Watton, -Police Dept. Mike Hicks, Fire Chief; Henry Engen, Plan- ning Director; Paul Sensibaugh, Public Works Director; Georgene Kreinberg, Admin. Personnel Analyst; Cindy Wilkins , Deputy City Clerk. STAFF COMMENT David Morton, new Maintenance Worker II, was introduced by Mike Shelton, City Mgr. , and Paul Sensibaugh, Public Works Director. Mike Shelton noted the new Council/Planning Commission podium at which the Councilmembers are seated tonight, and he expressed recognition for David Crouch, Sr. Building ,Maintenance Worker, who' s responsible for its con- struction. A Certificate of Appreciation has been prepared for David; as he wasn't present, Mayor Nelson read the certificate aloud and the audience acknowledged with applause. COUNCIL COMMENT Councilwoman Mackey announced that there will be a Save Our Trees gathering tomorrow night at the Historical House, Atascadero Historical Society. A. CONSENT CALENDAR 1, Minutes of the Regular Council Meeting of July 22 , 1985 (RECOM- MEND APPROVAL) 2. Minutes of a Special Study Session (Development Tax) of June 26 , 1985 (RECOMMEND APPROVAL) 3. Ordinance No. 109 Approving Zone Change 4-85 by H.L.S. Proper- ties , Ltd. (Associated Professions) to Amend Zoning Map from Residential Suburban to Commercial Neighborhood at 1875 El Camino Real (Lot 31 , Block 49) (Cont'd from 7/22/85) SECOND READING ADOPTING ORDINANCE 4. Community Transit Services Contract Renewal - 7/1/85-6/30/86 (Dial-A-Ride Services) (RECOMMEND APPROVAL) COUNCIL MINUTES 8/12 • PAGE TWO 5. Proposed Resolution 80-85 - Adopting Position Classification of Police Lieutenant and Fire Battalion Chief 6. Roadway Widening Policy Along Highway 41 7 . Approval of Lease Rental Agreements A. Historical Society- Lower Rotunda Room, Administration Building - 7/1/85-6/30/88 B. Genealogical Society Room 308 , Administration Building, 7/1/85-6/30/86 C. Scribner' s Snack Bar - Atascadero Lake Park - 7/1/85-6/30/86 8. Proposed Resolution 79-85 - Authorizing Assistant to City Manager to represent City Manager at Joint Powers Authority Meetings 9. Proposed Resolution 78-85 - Authorization to Reimburse Employees for MedicalPremium Reimbursement 10. Extension of Weed Abatement Program 11. Final Tract Map 4-84 10710 El Camino Real (Portion of Lot 6 , Block 35) - Michielssen Councilman Molina requested Item # ' s, 3 & 7 be pulled from the Consent Calendar for separate discussion. MOTION: By Councilwoman Mackey to approve Consent Calendar, minus Items 3 & 7 , seconded by Councilman Molina; passed unanimously by roll call vote. - Council discussion on Item #3. MOTION: By Councilman Handshy to read Ord. 109 (Item #3) by title only, seconded by Councilwoman Norris passed unanimously. Mayor Nelson read Ord. 109 by title only. MOTION: By Councilman Handshy that this constitutes second reading and to adopt Ord. 109 , seconded by Councilwoman Norris; passed by 3 :2 roll-call vote, with Councilman Molina and Councilwoman Mackey voting NO. Council discussion on Item V. MOTION: By Councilman Molina to approve Item #7 , and to make all lease agreements consistent with a one-year time frame; passed unani- mously. B. HEARINGS, APPEARANCES AND REPORTS COUNCIL MINUTES 8/12*5 PAGE THREE 1 . A. Proposed Ordinance 111 - Adoption of City Development Impact Mitigation Tax on New Construction (PUBLIC HEARING) B. Proposed Resolution 64-85 - Implementing Development Mitiga- tion Tax Pursuant to Ordinance No. 111 C. Proposed Resolution 81-85 Pertaining to Fees for Interim School Facilities (revised to provide for collection prior to issuance of Building permit instead of at time of appli- cation) Henry Engen, Planning Director, gave staff report. Public Comment Bunn Turnbow, Exec. Dir. , N. County Contractor ' s Assn. , spoke , on behalf of the Association' s 350 members, in opposition of Ord., 111; they don't feel as though it ' s a fair ordinance and 'discrim- inates scriminates against the construction industry. Whitey Thorpe , Atascadero resident for some 40 years, spoke in opposition of Ord. 111 , as well as against the fees for interim school facilities; he feels both are unfair taxes, and the City's budget can be cut back to provide funds for necessary improve- ments. Mayor Nelson and City Manager, Mike Shelton, announced that a budget session hearing is scheduled for all day Sat. , Sept. 7 , 1985; anyone interested in what the City ' s finances are for the next fiscal year and in the use of its planned monies is encour- aged to attend. Ron Harvey, a 10-year Atascadero resident and member of the Con- tractor' s Assn. , would like to see projects/needs earmarked and brought to the public as separate funding issues; he' s not in favor of construction fees going into the General Fund, believ- ing government will grow to absorb its budget MOTION: By Councilman Molina to read Ord. 111 by title only, deleting exception "e" on page 4 of the ordinance, seconded by Council- woman Mackey; passed unanimously. Mayor Nelson read Ord. 111 by title only, stating the deletion of exception "e" . MOTION: By Councilman Molina that this constitutes the first reading of Ord. 111 , seconded by Councilman Handshy; passed unanimously. Res. 64-85 will be carried forward for 2 weeks to be further dis- cussed along with Ord. 111 at the Aug. 26th Council Meeting. MOTION: By Councilwoman Mackey to Approve Res. 81-85 , seconded by Coun- cilman Molina; passed 4: 1 by roll-call vote, with Councilwoman Norris-voting NO. COUNCIL MINUTES - 8/12005 PAGE FOUR 2. General Plan Amendment 2A-85 - 2300 Ramona - Gaughan - Revision of Zoning from Suburban Single Family Residential to Commercial Retail - (PUBLIC HEARING) (Proposed Resolution 74-85 - Denying General Plan Amendment 2A-85) Henry Engen, Planning Director, gave staff report. Pat Gaughan, the applicant, requested a continuance on this item; due to an illness in the family;, he has not had necessary time to complete his drawings for review at public hearing. MOTION: By Councilwoman Mackey to continue Item B-2 (2300 Ramona) to the Aug. 26th Council Meeting, seconded by Councilwoman Norris; passed unanimously. 3. General Plan Amendment 2F-85 - 5655 Ardilla - Rehbock Revision of Zoning from Low Density Single Family Residential to High Den- sity Multiple Family (PUBLIC HEARING) (Proposed Resolution 46-85 Approving General Plan Amendment 2F-85) Henry Engen gave staff report, followed by Council discussion. Public Comment Jayne Sacks , 7-year Atascadero resident, residing on Ardilla,: spoke in opposition of the proposed GPA 2F-85 , mainly because of the already dangerous traffic condition of the corner intersec- tion. at Traffic Way and Ardilla. Andrea Schulte, who resides on San Gregorio Rd. , agreed with Mrs. Sacks' s comments about the extremely bad and dangerous traffic ' conditions in the area of the proposed GPA, suggesting that Coun cilmembers drive by that area during peak traffic hours to observe. Debra Kankiewicz ,' who resides on Viejo Camino, expressed her op- position to the proposed GPA based on traffic safety concerns , such as the previous two speakers. Caroline Rehbock, applicant and residing on Ardilla, responded to Council comment that reducing from 16 to 10 per acre would be suit- able. MOTION: By Councilwoman Mackey to approve GPA 2F-85 (5655 Ardilla) , with change in zoning to Low Density; Multiple Family 10 per acre, seconded by Councilwoman Norris; passed 5 :0 by roll-call vote. 4. General Plan Amendment 2G-85 - 8205 Coromar Road - Lopus Revision of Zoning from Moderate Density Single Family Residen- tial to High Density .Single- Family Residential (PUBLIC HEARING) (Proposed Resolution 75-85 - Approving General Plan Amendment 2G-85) Henry Engen gave staff report, emphasizing that this issue took a considerable amount of time before the Planning Commission before COUNCIL MINUTES - 8/12 • PAGE FIVE coming to Council, and he referred Council to the extensive back- ground materials included in the agenda packet. Planning staff_ recommended against the change, andit was recommended for approval on` a 4:3 vote. Council conferred with Mr. Engen on the Planning Commission's recommendations and their suggested alternatives. Mr. Engen men- tioned that a new set of material has been submitted, which will have to be reviewed before the Planning Commission, proposing the creation of a subdivision on the Iverson property. Public Comment John Kennaly, the applicants' engineer , indicated they are in support of the Planning Commission' s review of the new informa- tion and would be willing to supply any sewer information that the Council feels might help them in making a decision. John Lopus , the applicant, spoke in favor of the GPA so they can go ahead with their original plans at the time of purchasing the property in the 1970 ' s , which was then zoned for 2 acre minimums. Dorothy Lopus, co-applicant, spoke in favor of the Planning Com- mission' s decision and urged Council support; they've been waiting seven years to add an additional building to accommodate their own family members. Roy Moss , who resides on Coromar Ave. , questioned why this excep- tion for the General Plan is being done , to which Mr. Engen responded that the Lopus single lot request lead to expanding the -_ area for consideration to the total street frontage. Jack Stinchfield, representing Clark Iverson, who owns 3 parcels in the area under consideration, spoke of his support for 3� acre zoning. Celia Moss, 8040 Coromar, expressed opposition of the GPA. Herb LaPrade, 6480 Santa Ynez , representing Bill Mullens, who is , in a hospital in Santa Barbara, expressed his support of "-the GPA. Mr. Mullens owns 4. 8 acres on Coromar. Vince Sullivan, owner of 8730 Coromar, spoke in favor of the GPA. Bob Stoner , 8635 Coromar , 'spoke in support of the GPA. Phoebe Watson, owner of 8055 Coromar since 1955, spoke in support of the GPA. Debbie Sullivan, owner of 8730 Coromar, spoke in support of GPA. Terry Hood, who lives on Cascabel in Atascadero, inquired as to the locations of the (34) non-conforming vs. (22) conforming lots in the area under consideration for GPA, to which Mr. Engen res- ponded. She also inquired as to which lots are and are not yet developed. COUNCIL MINUTES - 8/1205 PAGE SIX Dorothy Lopus, co-applicant, responded to some of the comments of earlier speakers. Discussion came back to Council. MOTION: By Councilman Molina to include the five-acre lots in the z acre study area all the way to Atascadero Ave. , seconded by Council- woman Norris; motion failed by 3:2 roll-call vote, with Council members Mackey, Handshy and Nelson voting NO. MOTION: By Councilman Handshy to send item back to the Planning Commis- sion to consider the new data proposing a street connection from Coromar to Atascadero Ave. and to get staff response on the sew- er impact situation; seconded by Councilwoman Mackey. Motion passed unanimously. 5. General Plan Amendment 2H-85 - 8760 Curbaril - Hohenstein Revision of Zoning from Moderate Density Single Family Residen- tial to High Density Multiple Family Residential (PUBLIC HEARING) (Proposed Resolution 47-85 - Approving General Plan Amendment 2H-85) Henry Engen gave staff report Hank Hohenstein, applicant, spoke in support of the proposed GPA, citing the density would be consistent with that of the property across the street from his, and he .regards to divide densities at rear property lines - rather than down the middle of the street to be good planning principles; he added other reasons why"he urges Council support. Pat Glakeler, owner of8780 , which is the adjacent property, in- dicated she fully supports the proposed GPA to high density. Cecile King, resident and owner of 8830 Curbaril for 15 years, spoke in opposition of the proposed GPA, based on the existent heavy traffic congestion on Curbaril. Mayor Nelson urged Curbaril residents to lobby State to follow through with `their commitment to construct a bridge over the Salinas River and run Hwy. 41 through, which has been delayed several times. Terry Hood, Cascabel resident, spoke of her concern about the approval of changes in zoning from SF to MF densities , which she believes will, ultimately, change the character of Atascadero' s population. Discussion came back to Council. MOTION: By Councilman Molina to adopt Res. 47-85 and approve GPA 2H-85, changing it to concur with the Planning Commission' s recommenda- tion that property be zoned Low Density Multiple Family, seconded by Councilwoman Norris;, passed unanimously by roll-call vote. COUNCIL MINUTES - 8/12 PAGE SEVEN ' 6. General Plan Amendment 2I-85 - Atascadero Unified School District Revision of General Plan Map and Text to Set Standards and Provide Direction for New School Facilities (PUBLIC HEARING) (Proposed Res- olution 44-85 - Approving General Plan Amendment 2I-85) ` Henry Engen gave staff report. No public comment MOTION: By Councilwoman Mackey to approve Res-. 44-85, . seconded by Council man Handshy; passed unanimously by roll-call vote. 7 . General Plan Amendment 2J-85 - Atascadero City Planning Commission` - Revision of General Plan Text to Allow for a 10 ,000 Square Foot Lot Designation (PUBLIC HEARING) (Proposed Resolution 45-85 Approving General Plan Amendment 2J-85) 8. Zone Change 5-85 Atascadero City Planning Commission'"- Revision of the Zoning Ordinance Text to Allow a 10 ,000 Square Foot Desig- nation (no specific area proposed) (PUBLIC HEARING) (Proposed Or- dinance 1.10 - First Reading) Henry Engen gave staff report. Public Comment George Highland, 7275 Carmelita, encouraged Council and staff to consider an environmental impact study and report before thisGPA or the Zoning Ordinance is acted upon'. Andrea Schulte, San Gregorio Rd.. resident, read from a prepared statement regarding an alleged conflict of interest vote by Plan- ning Commissioner Eric Michielssen at 'the June 17 Commission meet- ing on the subject of the GPA to allow 10 ,000 sq. ft. lots; she indicated she hopes the City Council will not vote on 2J-85 to- night nor until clarification by the City'Atty. is received. Shirley Summers, 8120 Azucena, stated her belief that to consider the reduction of 20 ,000 sq. ft. to 10 ,000 sq. ft. lots is to see the first of a series of requests to increase density; what the majority of Atascadero ' s-citizens desire`_should. be considered. Discussion came back to Council. MOTION: By Councilwoman Mackey to continue Items B-7&8 to the October . cycle in order to evaluate maps showing proposed 10 ,000 ' sq. ft. lot areas , seconded by Councilman Handshy; passed unanimously. 9. Appeal of Planning Commission Signage Conditions by Santa Lucia Bank at 7480 El Camino Real (Proposed Resolution 76-85 Denying Appeal and Proposed Resolution 77-85 Approving Appeal . and Condi- tional Use Permit 14-85) COUNCIL MINUTES 8/12 PAGE EIGHT Henry Engen gave staff report recommending denial of the appeal. At the reauest of Councilman Molina, who divulged he has purchased stock in Santa Lucia Natl. Bank, Int. City Atty. , Grigger Jones, clarified that if, in fact, two or more (3) Councilmembers stepped down from voting on this item because they own stock in Santa Lu- cia Bank, there would not be a quorum to vote. Mr. Jones added that, in his opinion, there is no direct financial benefit to any of the Councilmembers who own stock, at this point :in time; there- fore, it is his opinion that a conflict of interest does not exist. Public Comment Joe Elkins, Architect representing Santa Lucia Natl. Bank, provided Council with pictures of what some of the other signage solutions at banking institutions in town have been and spoke insupportof Council approval of appeal. Maggie Rice , Exec. Dir. of Atas. Chamber of Commerce, spoke in sup- port of the logos and the proposed signage. MOTION: By Councilwoman Norris to approve Res. 77-85, seconded by Council- man Molina; passed by 4:1 roll-call vote, with Councilwoman Mackey voting NO. C. UNFINISHED BUSINESS 1 . Traffic Safety Committee Reorganization Status Report Paul Sensibaugh, Public Works Director/City Engineer, gave staff report No public comment. MOTION: By Councilwoman Norris to approve , in concept, the proposed changes in the Traffic Safety Committee, seconded by Councilwoman Mackey; passed unanimously. Mayor Nelson appointed Councilwoman Norris as the Council representative on said committee, with Councilwoman Mackey as alternate, and the two citizens listed on staff report as committee members as well. Councilman Molina requested that the committee look into the intersection at Pueblo and Sombrilla; there are no yield or stop signs at present. D. NEW BUSINESS 1 . Discussion Regarding F.Y. 1985-86 Budget Review Process and Timing Mike Shelton, City Manager, gave staff report and conferred with Council as to proposed dates for review of budget; Tuesday, Sept. 3rd, 7 :30 p.m. in Room 304 of the City Administration Bldg. , was scheduled for the purpose of a brief overview of the budget, with all day Saturday, Sept. 7th, beginning at 8 :00 a.m. , scheduled for a more in-depth review, including verbal presentations by outside agencies requesting City funds. MOTION: By Councilwoman Mackey to continue meeting past 11 :00 p.m. , second- ed by Councilman Handshy; passed unanimously. COUNCIL MINUTES - 8/12/0 PAGE NINE 2. Detention Basin Policy Report Paul Sensibaugh, Public Works Director/City Engineer, gave staff report. Councilman Molina commended Mr. Sensibaugh for his reporting on the detention basin subject. Public Comment Whitey Thorpe, 40-year Atascadero resident, spoke in opposition of detention basins, and he feels they're a hazardous nuisance. Council concurred with findings outlined in staff report. MOTION: By Councilman Handshy to recess as Council and convene as the Atas- cadero County Sanitation District Board of Directors, seconded by Councilwoman Mackey; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT 1. Atascadero County Sanitation District Sanitary Sewer and Wastewater Study Agreement Authorization with John Wallace and Associates' Paul Sensibaugh, Public Works Director, gave staff report. MOTION: By Director Molina to concur with recommendations as outlined in staff report, seconded by Director Mackey; passed _4 : 1 by roll- call vote, with Director Norris voting NO. (No publiccomment) 2. Sanitary Sewer Improvement District'- Marchant Way Paul Sensibaugh gave staff report. Public Comment Mr. Carl Lownes, 9550 Marchant Way, responded to Board inquiry as to location of area petitioned to participate in a sanitary improvement district. Santa Rosa Rd. was ' not petitioned, as the attention was focused on the needs of; Marchant Way. Board concurred to give staff direction to bring this item back in ordinance form for public hearing process. 3. Proposed Sewer Service Annexations (Connections) to the Following Locations: A. Proposed Resolution 68-85 , Lot 4-A, Block WB 8050 San Marcos B. Proposed Resolution 69-85 , Lot 32 Block IB Violetta C. Proposed Resolution 70-85 , Lot 33 , Block- 6 - 9855 Las Lomas D. Proposed Resolution 71-85 , Lot 43 , Block ZB 6500 San Andreas Paul Sensibaugh gave staff report. ' MOTION: By Director Handshy to adopt Resolutions 68 , 69 , 70 & 71-85 , seconded by Director Molina; passed unanimously by roll-call vote. COUNCIL MINUTES - 8/12/ PAGE TEN 4. A. Proposed Resolution 72-85 - Adoption of Delinquent Service Charges for 1985-86 Property Tax Bill B. Proposed Resolution 73-85 - Adoption of Service Charges Added to the 1985-86 Property Tax Bill Paul Sensibaugh conferred with Board regarding proposed resolutions. MOTION: By Director Molina to adopt Resolutions 72 & 73-85 , seconded by Director Handshy; passed unanimously by roll-call vote. MOTION: By Director Handshy for Board to adjourn and reconvene as the Atascadero City, Council, seconded by Director Norris; passed unani- mously. F. COMMUNITY FORUM - No comments G. INDIVIDUAL DETERMINATION AND/OR ACTION 1 . City Council —Councilwoman Mackey related that her residence had been solicited by children selling candy, the proceeds of which were apparently going to "Junior-Careers" in Fresno, California. Mr. Engen stated that the group was cited for operating without a City .Business License. Councilwoman Mackey also indicated that she will be unable to speak at an Offshore Oil Drilling Meeting in San Luis Obispo next week because of conflicting plans; in order to endorse the ongoing com- promise of the amount of offshore oil drilling, she asked if anyone would be able to speak as a representative of Atascadero. Council concurred to send a letter in support of the compromise for less drilling, which Councilwoman Mackey intends to write. City Attorney NONE City Clerk - NONE City Treasurer - NONE City Manager - NONE "Deep Pocket" Video not viewed tonight due to length of meeting. COUNCIL: ADJOURNED AT 11:38 P.M. TO ITS NEXT REGULAR MEETING AUGUST 26 , 1985. RECORDED BY: ROBERT M. JONCity Clerk PREPARED BY: CINDY WIL INS, Deputy City Clerk