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HomeMy WebLinkAboutMinutes 082685 MINUTES - ATASCADERO A COUNCIL NG AGENDA D 9/9/$j I7`m _ A.-1 Regular Meeting, August 26, 1985 , 7 : 30 p.m. # Atascadero Administration Building (MINUTES APPROVED AS WRITTEN BY COUNCIL 9/9/85) The Regular Meeting of the Atascadero City Council was called to order at 7: 30 p.m. by Mayor Nelson. No invocation was given this evening. ROLL CALL Present: Councilmembers Handshy, Mackey, Molina, Norris and Mayor Nelson. Absent: NONE STAFF Mike Shelton, City Manager; Grigger Jones, City Clerk/Int. City Attorney; Henry Engen, Planning Director; Paul Sensibaugh, Public Works Director/City Engineer; Cindy Wilkins, Deputy City Clerk. COUNCIL COMMENT Councilwoman Mackey stated she had received a call from a citizen concerned about the hazardous parking situation between Century Federal and Bank of America. Councilman Handshy related public concerns about debris around Atascadero Lake; Mayor Nelson directed Mike Shelton, City Manager, to ask Bob Best, Recreation Director, to look into the situation. A. CONSENT CALENDAR 1. Minutes of the Regular Council Meeting of August 12 , 1985 (RECOMMEND APPROVAL) 2. Treasurer's Report - July 1-31 , 1985 (RECOMMEND APPROVAL) 3. Finance Director 's Report - July 1-31 , 1985 (RECOMMEND APPROVAL) 4. Authorization for Mayor to Enter into Agreement with California Mens ' Colony (CMC) for Unskilled Labor 5. Tentative Parcel Map 18-85 - 10655 San Marcos/10670 Realito, Miller/ Kennaly Engineering (Division of 5. 32 acs. into 2 lots of 2. 66 acs. each) 6. Tentative Parcel Map 17-85 - 4650 Portola Rd. , Parsons/Kennaly Engineer- ing (Division of 6.28 acs. into 4 lots of 1 . 57 acs. each) 7. Tentative Parcel Map 19-85 - 3600 El Camino Real, Sevcik & Thomas/Twin Cities Engineering (Property line revision to create 2 lots from 3 exist- ing ones) 8. Tentative Parcel Map AT 830311 : 1 - 3100/3150 Ardilla Rd. , Davis/Twin Cities Engineering (Time extension to complete conditions of the tenta- tive map) 9. Lot Line Adjustment 3-85 - 12650 San Cayetano (Lot 29 , Block 57) , Charn- ley/Twin Cities Engineering (Property line adjustmenttoallow for additional building, site) 10. Lot Line Adjustment 7-85 - 6505 Santa Cruz & 1335 Garcia (Lot 18 , Block 48) , DeWelt/Stewart (Property line adjustment to allow for better build- ing sites) COUNCIL MINUTES - 8/26/035 PAGE TWO 11 . Lot Line Adjustment 8-85 - 6295 & 6305 Flores , Staver/Kennaly Engineer- ing (Lot line adjustment to allow existing structures to be on one lot) 12. Authorization for Mayor to Enter into Lease/Purchase Agreement for IBM Model 60 Copier 13. Proposed Resolution 82-85 - Approving Memorandum of Understanding Between the City of Atascadero and Service Employees International Clerical Bargaining Unit 14. .Proposed Resolution 87-85 - Approving Memorandum of Understanding Between the City of Atascadero and Service Employees International General Services Bargaining Unit 15. Proposed Resolution 88-85 - Approving Memorandum of Understanding Between the City of Atascadero and the Atascadero Fire Captains Bar- gaining Unit 16. Proposed Resolution 89-85 - Approving Unrepresented Employees Change in Benefits 17. Proclamation of Appreciation to Georgine Kreinberg for Outstanding Services 18. Proposed Resolution 83-85 - Opposing Delay and/or Elimination of Highway Projects Within San Luis Obispo County Currently Approved in the State Transportation Improvement Program , 19. Proposed Resolution 90-85 - Approving Memorandum of Understanding Between the City of Atascadero and the Atascadero Firefighters Bar- gaining Unit (This item verbally added to Consent Calendar by Mayor Nelson) MOTION: By Councilman Molina to approve Consent Calendar Items 1-19, sec- onded by Councilman Handsiy; passed unanimously by roll-call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. General Plan Amendment 2F-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 29-85) Henry Engen, Planning Director, gave staff report. Public Comment Pat Gaughan, the applicant and 8-year resident at subject property, spoke in support of the proposed GPA, citing the uses of properties surrounding his (predominantly churches) and the difficulty of -sel ling his home due to resultant lack of privacy. Sue Gaughan, co-applicant at 2300 Ramona, spoke in support of pro- posed GPA based on her desire, at time of purchase of property, to live in a- residential area; property is now located between two large churches and is in no way residential in nature. MOTION: By Councilwoman Mackey to approve Res . 74-85 , denying the GPA, ' sec- onded by Councilman Handshy; passed unanimously by roll-call vote. S COUNCIL MINUTES 8/26/f PAGE THREE 2. Community Development Block Grant - Review of Grantee Performance Report, FY 1984/85 , and Consideration of Time Extension and Agree- ment Amendment Henry Engen, Planning Director, gave staff report and referred to letter from Judy Young, received this afternoon, requesting amendment to agreement, copies of which he provided to Councilmembers prior to tonight' s meeting. Council requested Planning Director Engen to seek more complete in- formation from the State for their review before making a decision on this item. No public comment. MOTION; By Councilwoman Mackey to continue this item to the first meeting in September, seconded by Councilman Handshy; passed unanimously. C. UNFINISHED BUSINESS 1 . A. Ordinance 111 Adoption of City Development Impact Mitigation Tax on New Construction (SECOND READING) B. Proposed. Resolution 64-85 - Implementing Development Mitigation Tax Pursuant to Ordinance No. 111 'Henry Engen briefly summarized this item, which will take affect on building permit applications submitted after October 1, 1985. Public Comment Robert Hewitt, 22-year resident at 3850 Ardilla Rd. and 23-year resi- dent of Atascadero, spoke in support of the mitigation tax; he also expressed general concern over what he sees as a trend away from the original General Plan. Mary Middlecamp, resident at 5705 Venado, requested clarification on the definition of the 16 units per acre wording --in-the General Plan, to which Councilman Molina responded. MOTION: By Councilman Molina to read ©rd. 111 by title only,, seconded by Councilwoman Packey; Mayor Nelson read Ord. ' lll by title only. MOTION: By Councilwoman Mackey that this constitutes second reading of Ord. 111 , seconded by Councilman Handshy; passed 'by 4:1 roll-call vote, . with Councilwoman Norris voting NO. MOTION: By Councilwoman Mackey to adopt Res. 64-85 , seconded by Councilman Molina; passed 4: 1 by roll-call vote, with Councilwoman Norris vot- ing NO. Councilwoman Norris requested Int. City Attorney Jones's opinion regard- ing an appellate court decision which she brought to his attention before tonight' s meeting, to which Mr. Jones responded; he indicated _that -Atasca dero' s version of mitigation tax is not, in fact, illegal and there is_ a difference between the case she referred to and Ord. 111 . Y COUNCIL MINUTES - 8/26/ PAGE FOUR 2. Proposed Ordinance 112 - Establishment of Traffic Committee (FIRST READING) Paul Sensibaugh, Public Works Director/City Engineer, briefly com- mented on this item. No public comment. MOTION: By Councilman Handshy that Ord. 112 be read by title only, seconded by Councilwoman Mackey; passed unanimously. Mayor Nelson read Ord. 112 by title only. MOTION: By Councilwoman Mackey that this constitutes the first reading of Ord. 112 , seconded by Councilman Handshy; passed unanimously. Sec- ond reading will be the first meeting in September. MOTION: By Councilwoman Mackey that Council approve of the terms of the' 3 members as listed on the staff report to serve on Traffic Committee, seconded by Councilman Molina; passed unanimously. D. NEW BUSINESS 1. Traffic Committee Recommendations for "No Parking" Sign Installation: A. Proposed Resolution 84-85 - Prohibiting Parking on the east side of E1 Camino Real, from Solano to Casada B. Proposed Resolution 85-85 - Prohibiting Parking on the west side of El Camino Real from the corner of Santa Rosa extending 1000 feet north Paul Sensibaugh commented on;Res. -84-85. No public comment. MOTION: By Councilman Molina to adopt Res. 84-85, seconded by Councilwoman Mackey; passed unanimously by roll-call vote. Paul Sensibaugh commented on Res. 85-85. No public comment. Council and staff concurred to send this item back to Traffic Commit- tee for further reviewofthe issues involved. MOTION: By Councilwoman Mackey to send this item back to Traffic Safety 'Com- mittee, seconded by Councilman Molina; passed unanimously. 2. City Attorney Response on Conflict of Interest (Verbal) Interim City Attorney, Robert Jones , responded to Council request at last Council Meeting that he report on the possible conflict of in- terest of Planning Commissioner Eric Michielssen at a Planning Commission Hearing regarding the 10 ,000 sq. ft. lot text change in the Housing Element. Mr. Jones indicated he does not believe, at this time , that there is a conflict of interest; he .also responded COUNCIL MINUTES - 8/26/85 PAGE FIVE to further,. Council inquiry on the subject of conflict of interest. Public Comment Andrea Schulte, resident on San Gregorio Rd. , indicated her intent in initiating the conversation regarding conflict of interest was not to single out an individual but to bring the concept to the forefront - the ethics of public officials to the public. She thanked Council and Mr. Jones for addressing the issue. George Highland, 7275 Carmelita, indicated (referring to Mr. Jones's comments in regard to a Supreme Court decision in May, Thompson vs . Call) he 'finds it difficult to reconcile Mr. Jones's comment with that court decision, to which Mr. Jones responded. 3. Council Discussion Regarding Development Standards (Requested by Mayor Nelson) Mayor Nelson indicated his purpose in bringing this item to Council was for the purpose of discussion and not decision ;on the two basic areas: (1) architectural review process is the item, which was turned down by the Planning Commission, going to come to the Coun- cil' s agenda, and, if: so, when; and (2) density on prezoned property (not site specific) - what are the Council' s options in making a decision- on an -appeal, and what are the legal ramifications. Councilman Molina stated he has a conflict of interest in regard to density as he retains high density MF property, and he will stepdown from any discussion on that subject. Council and staff conferred on this item. The architectural review issue will come back for discussion in September. Public Comment Andrea Schulte spoke in favor of adhering to the General Plan, to require architectural review. Mary Middlecamp, spoke as a citizen preparing .for an appeal, citing the difficulties incurred as a result of the various interpretations of_planning terminology. Norman Norton, 40-year resident, spoke of interpretation-of-the . building industry terminology in:_relation to that of planning and zoning. From the builder ' s standpoint, he would just like to see; good, sound planning judgement, MOTION: By Councilwoman Mackey to recessus Council and convene as Atas- cadero County Sanitation District Board of Directors, seconded by Councilwoman Norris; passed unanimously. COUNCIL MINUTES - 8/26 PAGE SIX 1 . Proposed Annexation of Portions of Marchant Way into the Atascadero County Sanitation District: A. Proposed Resolution 86-85 - Establishing Assessment District Boundaries (Lots 73-87) B. Appointment of Engineer for Sewer Design Paul Sensibaugh commented on this item; He responded to Councilwoman Mackey' s comment at last Council meeting regarding Santa Rosa Rd. in its vicinity of the cease and desist area; No public comment. MOTION: By Councilwoman Norris to adopt Res. 86-85 , seconded by Councilwoman Mackey; passed unanimously by roll-call vote. Int. City Atty. , Robert Jones , commented on what appears to be a prob- lem with some of the Santa Rosa lots should the owners wish to tie in to the Marchant Way sewer areas; sewer easements would need to be ac- quired (reference his memorandum to Council dated 8/21/85) Further staff comment came from Paul Sensibaugh. MOTION: By Councilman Molina recommending Kennaly Engineering be appointed by Council to prepare estimates and specifications , seconded by Councilman Handshy; passed unanimously. MOTION: By Councilman Handshy to adjourn as Atas. County Sanitation Board of Directors and reconvene as City Council, seconded by Council- woman Norris; passed unanimously. F COMMUNITY FORUM No public comment. G. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Mackey desired clarification on Item E-4 on the Council agenda of 8/12/85 , having to do with adoption of Sanitation District charges to- 1985-86 property tax bills , to which Paul Sensibaugh responded. Councilman Molina expressed his frustration in listening to the generally negative and emotional comments regarding growth vs. no growth issues and the discredit to Council with the use of distorted perceptions; he would like to see Atascadero become unified. He appealed to the individuals who signed the petition to recall him to make an appointment with him, that he would set up an office in the Administration Bldg. and talk with them. Councilman Handshy agreed with Councilman Molina' s comments and expressed some of his related views. City Attorney/City Clerk - NO COMMENT COUNCIL MINUTES 8/26/ PAGE SEVEN City Treasurer - NO COMMENT City Manager - Mike Shelton apologized for the obstruction by the VCR between the staff and Council which was intended to be used for viewing "Deep Pocket" , however, was not placed on tonight 's agen- da. Council concurred to bring the film back as an agenda item so. that people can be aware of its showing and plan for it. The film is valuable to cities in that it relates to liability insur- ance issues. COUNCIL ADJOURNED AT 9:35 P.M. TO SPECIAL;MEETINGS ON SEPTEMBER 3 , 1985, AT 7 : 30 P.M. AND SEPTEMBER 7 , 1985 , AT 8:00 A.M. FOR BUDGET HEARINGS, BOTH MEETINGS IN ROOM 304 OF THE CITY ADMINISTRATION BUILDING. RECORDED BY: ROBERT M. JONES, City Clerk PREPARED BY: CINDY WILKI�S, Deputy City Clerk