HomeMy WebLinkAboutMinutes 090985 APPRCI� WITH AMENDMENT BY
MINUTES - ATASCADERO OY COUNCIL COUNCIL- 9/23/85
Regular Meeting, September 9, 1985 , 7 :30 p.m.
Atascadero Administration Building
The Regular Meeting of the Atascadero City Council was called to order at
7 :30 p.m. by Mayor Nelson.
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; Dick Anthony, Int. Asst. to City Mgr. ; Cindy Wilkins, Deputy City
Clerk.
COUNCIL COMMENT
At the request of Councilwoman Norris, Mayor Nelson announced there will be
a closed session at conclusion of tonight ' s meeting in order to discuss per-
sonnel matters.
Councilman Handshy related he had attended a meeting at the County level
where it was announced that local bridge projects would be delayed. Mayor
Nelson announced a letter of protest has been sent to the County regarding
such delays.
Two new employees were introduced:
Bob Maxwell, Maintenance Worker I - Streets
Dick Anthony, Interim Assistant to City Manager
A. CONSENT CALENDAR
Mayor Nelson announced the addition of Item #13 to the Consent Calendar.
1 . Minutes of the Regular Council Meeting of August 26 , 1985 (RECOMMEND
APPROVAL)
2 . Claim by Pacific Bell for Damages to Equipment Totaling $444.60
(RECOMMEND DENIAL)
3 . Proposed Resolution 101-85 - Adopting Position Classification of
Administrative Services Director
4. Ordinance Number 112 - Establishment of Traffic Committee (SECOND
READING) (Cont 'd from 8/26/85)
5. Proposed Resolution 91-85 - Approving Application for State Grant
Funds for the Atascadero Lake Pavilion
6. Tentative Parcel Map 20-85 - 9100 La Paz Lane (Lot 46 , Block 66) ,
Cini/Kennaly Engineering - Division of 5 . 44 acs. into 2 parcels
of 2 . 72 acs. each
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PAGE TWO
7 . Tentative Parcel Map 21-85 - 3555 El Camino Real (Lot 102 , Block
19) , Pentecostal Church of God - Division of 5 .24 acs. into 2
parcels of 2 . 50 and 2.74 acs.
8. Final Parcel Map 10-83 10725 Vista Road (Lot 39 , Block 40) , Cote/
Twin Cities Engineering- Acceptance of completion of Planning Com-
mission conditions and recommended for approval
9. Final Parcel Map 19-85 - Sevcik/Thomas/Twin Cities Engineering -
3600 El Camino Real (Lot 5 , Block 18) - Acceptance of completion
of Planning Commission conditions and recommended for approval .
10. Proposed Resolution 94-85 - Amending Resolution 21-85 City Manager
Terms and Conditions of Employment
11 . Proposed Resolution 100-85 - Engaging Robert M. Jones as. City_'
Attorney
12. Proposed Resolution 99-85 - Engaging Dick Anthony, principal of
Anthony Associates, to perform Interim Personnel Services.
13. Proposed Resolution 103-85 - Supporting application by Senior Citi-
zens United for Grant Funds under the Senior Bond Act Program for
property acquisition
Councilwoman Norris requested Item #11 be removed, and Councilwoman Mackey
requested Item #3 be removed from Consent Calendar for separate discussion
of each.
MOTION: By Councilman Handshy to approve Consent Calendar Items 1-13 , minus
Items 3 & 11 , seconded by Councilwoman Mackey; passed unanimously
by roll-call vote.
Council discussion on Item #3.
MOTION: By Councilman Molina to adopt Res. 101-85 , seconded by Councilman
Handshy; passed unanimously by roll-call vote.
Council discussion on Item #11.
MOTION: By Councilman Molina to adopt Res. 100-85 , seconded by Councilman
Handshy; passed 3 :2 by roll-call vote, with Councilmembers Mackey
and Norris voting NO.
B. HEARINGS, APPEARANCES AND REPORTS
1 . Appeal of Planning Commission denial of appeal in which staff approved
Precise Plan 36-85 - 3760-5820 Ardilla (Lots 29 & 30 , Block KB)
allowing construction of 36 condominium units in: an RMF/16 Zone.
Councilman Molina stepped down due to possible conflict of interest.' _
Henry Engen, Planning Director, gave staff report, reviewing the exten-
sive background material included in tonight ' s agenda packet on this
item, and he responded to Council inquiry.
COUNCIL MINUTES - 9/9 •
PAGE THREE
At the request of Councilwoman Norris , newly-appointed City Attorney
Grigger Jones gave his legal opinion regarding any 'Council action on
this appeal.
Public Comment
Mary Middlecamp, 5705 Venado (which lot is diagonally attached to the
lot where condominiums proposed to be located) , requested 20 minutes
in order to speak on behalf of a group (approximately 20 present, ac-
cording to show of hands) of neighborhood residents who oppose the
proposed project; she was granted 10 minutes by Mayor Nelson, during
which she reviewed the numerous issues upon which their appeal is
based.
Edith Uhl, 8525 Casanova, read, on behalf of the Homeowners Association's
Executive Board, .a brief note expressing their opposition to :the pro-
posed project based on their concerns that it is not consistent with
the goals of the General Plan.
Lester F. Cunningham, Arroyo Ave." resident- since the Korean War , spoke :
in opposition of the proposed project based on the premise that dense
living conditions are not conducive to raising children into responsible
citizens ,and often lead to behavorial problems for the youth.
John Moss, 5020 Ardilla, commented that the emotional outcries from the-
public warrant the preparation of an environmental impact-' statement for
review.
Robert Berg, 5764 Venado, which lot is directly in back of the proposed
development, agreed with the comments of the previous speaker with re-
gard to the "inappropriate Negative Declaration on the EIR" , and he
spoke in opposition of .the project.
David Maine , 8940 San Gabriel, Architect , expressed his concern about
life-safety issues at the site of the proposed project: Access road is
fairly steep as well as narrow no clear staging area from which fire
crews could set themselves up to fight a fire; the proposed grading is
excessive , and he foresees drainage problems.
Kurt Janowicz , 5615 Vega, who lives directly across from the proposed
site spoke in opposition of the project and in favor of an environ-
mental impact report.
Jayne Sacks , 5170 Ardilla, spoke in opposition of the project based
on the already crowded traffic conditions at nearby intersections and
drainage problems; she favors an environmental impact study ,be done
to evaluate the affects on the community as well as on Ardilla.
John McNeil, 8765 Sierra Vista, inquired of Planning Director, Henry
Engen, (1) what follow-up will be done to insure that the Planning'
Dept. ' s 22 conditions of approval will be met , and (2) will there be
a bond for in the event the conditions are not met. Mr. McNeil also
appealed to Council that they aren't bound to a specific, inexorable
interpretation of the ZoninacOrdinance in this matter.
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COUNCIL MINUTES - 9/9/85
PAGE FOUR
Mr. Engen responded to Mr. McNeil ' s inquiries., with additional com-
ment from Paul Sensibaugh, Public Works Director, regarding the
impact to the sewer system (Condition #20) .
Dorothy McNeil, 8765 Sierra Vista, spoke in opposition to the project
based on the lack of recreational area for children and the absence of
room for landscaping.
Mike Bewsey, 5700 Dolores, spoke in favor of the project, feeling the
requirements of the Zoning Ordinance have been met, and the concerns
of the neighbors will, hopefully, be addressed in the 22 conditions .of
the precise plan. He feels that persons appealing this project should
pursue changing the Zoning Ordinance in the entire area of concern ,as
opposed to waiting until a particular project comes up again which they
might appeal.
Bill Carroll, 5360 Ensenada,''former Planning Commissioner, wondered
where were the rebuttals when the property zoning was under consider
ation .and the Commission was advertising for public input
Richard Shannon, 8160 Los Osos Ra. , associate developer of the project,
stated the engineer, architect and builder are all present to answer
any inquiries the public, staff or Council might have. He responded to
some of the issues raised by, the appellants.
Shirley Summers, 8120 Azucena, spoke in support of the appeal based on
her view as a former Planning Commissioner and member of the Atascadero '
Advisory Committee prior to incorporation, as well as_ a member of the
1975 General Plan Committee. She feels the City should take more ad-
vantage of the environmental impact report/process available.
Norman Norton, Santa Margarita Rd. resident and local business-owner, '
former Planning Commissioner -and Advisory Committee member, spoke in
support of the many good contractors in the community and in support
of the City' s staff, who are very thorough and assure that development
is in compliance with the Zoning Ordinance and the City' s laws.
Arloda Berg, 5764 Venado, spoke in opposition totheproject based on
her feeling that the General Plan has not been.met .by the Zoninglok-.
dinance, and this in a consistent manner; it becomes more and more
obvious that this precise plan has been an example of lowering the
standards set forth by the General Plan.
Allen Campbell, Civil Engineer representing proponents , responded to
some of the concerns expressed by the appellants regarding drainage,
access drive & turn-around area and grading; in addition, the propo-
nents have indicated they would not mind a condition which would state
that the units will become condominiums to be :lived in by their owners
which may relieve some of the neighbors concerns.
Gary Harcourt, local Architect, feels landscaping, erosion control and .
traffic studies at Ardilla & Traffic Way have been gapped in this sub-
COUNCIL MINUTES - 9/9/85
PAGE FIVE
mittal. Perhaps this particular site is not compatible with the pro
posed use and may, be a case in point which should be reviewed� by an
ARC commission or a laycommittee as a precedent for establishing some
guidelines.
Buz Hinkley San Gregorio Rd. resident, expressed concern that to not
deal with the .precise plan would be setting a very dangerous precedent
for property owners and developers in the area, the current zoning and, .
General Plan would be completely unreliable from the property-owner 's
standpoint , City-wide.
Michael Sherer, long-time resident , noted the long hours of public hear-
ings addressing the zoning of specific lots when the land-use map was
being drawn up for the Zoning Ordinance, contrary to Mrs. Middlecamp 's
earlier comment that the zoning was done by committee with no public
input. Mr. Sherer spoke in favor of the proposed_project
Terrie Graves , 5580 Ardilla, spoke in opposition of the project, read-
ing from Title 9 of the zoning regulations.
Joe Elkins, Architect , stated he has been asked "to become a part of
the team developing this project. one of his conditions of acceptance
to that invitation was that he be allowed to do design work in order
to improve the quality of the present design. This project does not
have to be a disaster as is being implied and can be a good development
Terri Hood, Cascabel resident, spoke in opposition to the project as it
seems to be in direct conflict with the guidelines in the General Plan.
She feels the project , at this point in time, should comply with the
Subdivision_Map_ Act. _ - -
Mr. Engen responded to Mrs. Hood' s inquiry regarding the (4) findings
of the Subdivision Map Act that must be complied with before a sub-
division map for condominiums could be approved.
A Mr. Stiles, 5140 Ardilla, criminal conspiracy investigator, expressed
his concern about the City's liability, specific vs.. general. He sug-
gests the City Attorney conduct a seminar for the City Council on that
subject, citing a case U.S. vs. Prince George 's County, Maryland
in which a pattern was used to prove a criminal conspiracy. He further
advised Council to consult an individual with a depth of political ex-
perience to assist them in these kinds of problems.
Dwight McCurdy, 5655 Venado , spokeinsupport of the appeal as proposed
by Mrs. Middlecamp.
David Graves, 5580 Ardilla, spoke in opposition of the project.
Geraldine Salzbury, 5225 Ardilla, spoke in opposition of the project
based on her desire to preserve Atascadero 's rural character.
Mary Middlecamp inquired,. in order to clarify the State ' s Subdivision
MapActin relationship to condominiums , why the State law doesn't
COUNCIL MINUTES - 9/9/85
PAGE SIX
prevail over the City ordinance Mr.: Engen.responded that-the ,Map
Act will, as mandated, come into play when the applicants file for
a condominium.
MOTION: By Councilman Handshy ,that Council concur with Planning Dept.
and Planning Commission recommendation (as outlined in staff
report) , seconded by Councilwoman Norris; passed 3:1 by roll-
call vote, with Councilwoman Mackey voting NO and Councilman
Molina not voting.
COUNCIL RECESSED FOR FIVE-MINUTE BREAK.
Council discussion regarding Zoning Ordinance Standards (refer to p.7 of
the Planning Dept. ' s staff report) ; Council concurred to have staff review
hillside standards and the strengthening of findings for precise plans and
report back with guidelines to be discussed at future Council meetings be-
fore getting into formal hearings; in addition, Planning staff was ,directed
to study how the Zoning Ordinance & General Plan might be condensed in order
to clarify their contents.
2. Proposed 1985-86 Revenue Sharing and Budget
A. Revenue Sharing Public Hearing
B. Budget Public Hearing
C. Proposed Resolution 92-85 - Adopting the City of Atascadero Fiscal
Year 1985-86 Budget and_Appropriating Funds Thereof ,
Mayor Nelson reviewed the follow-up summary from the Budget Study Ses-
sion which was held on Saturday, Sept. 7 , 1985 . (see agenda packet)
No additional requests for revenue sharing monies were made.
MOTION: By Councilwoman Mackey to adopt Res.. 92-85, seconded by; Councilman
Molina; passed unanimously by roll-call vote. Council commended
staff on the teamwork that went into putting'together the budget.
Mayor Nelson invited anyone interested to pickup a copy of the
budget from the City Manager 's Office.
C. UNFINISHED BUSINESS
1 . Community Development Block Grant - Review of Grantee Performance Re-
port, FY 1984/85 , and Consideration of Time Extension and Agreement
Amendment (cont'd from 8/26)
Henry Engen, Planning Director, gave staff report.
Public Comment
Judy Young, the applicant, wondered if there 's some way to simplify
these draw downs on the grant, to which Mr. Engen responded.that the
agreement had to be amended before any draw downs could be considered.
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COUNCIL MINUTES 9/9/
PAGE SEVEN
MOTION: By Councilman Molina that Council direct the Planning Director to
request the consideration of time extension on this agreement,
seconded by Councilman Handshy; passed unanimously.
D. NEW BUSINESS
1 . Status Report on Trash Removal at Atascadero Lake Park
Mike Shelton, City Manager, gave brief status report recapping the
discussion of this subject at last Saturday' s Budget 'Study Session;
MOTION: By Councilman Molina that Council direct Councilwoman Mackey and
Councilman Handshy to form a committee of-two and see that trash,
cleanup is . expedited, seconded by Councilwoman Norris; passed
quickly and unanimously.
MOTION: By Councilwoman Mackey that Council recess and convene as the
Atascadero County Sanitation District Board of Directors , seconded
by Councilwoman Norris; passed unanimously.
E. ATASCADERO COUNTY SANITATION DISTRICT
1. Proposed Resolution No. 93-85 - Approving the 1985-86 Fiscal Year
Atascadero County Sanitation District Budget and Appropriating Funds
Thereof
No public comment
MOTION: By Director Molina to adopt Res. 93-85, seconded by Director
Mackey; passed unanimously by roll-call, vote
2. Proposed Initiation of Proceedings for Annexations into the Atascadero,_
County Sanitation District:
A. Proposed Resolution 102-85 - Establishing Assessment District
Boundaries - Lots 66-72, Santa Rosa and Setting -a Public Hearing
for September 23, 1985
No public comment.
MOTION: By 'Director Molina to adopt Res. 102-85 and set 9/23 hearing date,
seconded by Director Mackey; passed unanimously by roll-call vote.
B. Continue Approved Resolution 86-85 (Establishing Assessment Dis-
trict Boundaries _ - Lots 73-85, Marchant Way) to Public Hearing ;
on September 23, 1985
No public comment.
MOTION: By Director Mackey to continue this item to Public Hearing on
9/23 , seconded by Director Handshy; passed unanimously by roll-
call vote.
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COUNCIL MINUTES - 9/9/85
PAGE EIGHT
3. Proposed Sewer Service Annexations (Connections) to the following
locations
A. Proposed Resolution 95-85 - Lot 56 , Block 12 Mountain View
No public comment.
MOTION: By Director Mackey to approve Res. 95-85 , seconded by Director
Handshy; passed unanimously by roll-call vote.
B. Proposed Resolution 96-85 - Parcel A, Lot I , Block JB Ardilla 'Ave.
(Public Hearing for 9/23 Requested)
No public comment.
MOTION: By Director Handshy to adopt Res. 96-85 , setting 9/2.3 hearing date,
seconded by Director Mackey; passed 4 :0 by roll-call vote, with
Director Molina not voting due to possible conflict of interest.
C. Proposed Resolution 97-85 - Lots 29 & 30 , Block KB Ardilla Ave.-
(Public Hearing for 9/23 Requested)
No public comment.
MOTION: By Director Handshy to adopt Res. 97-85 , setting 9/23 hearing date,
seconded by Director Norris; passed 3: 1 by roll-call vote, with
Director Molina not voting due to possible conflict of; interest.
D. Proposed Resolution 98-85 - Parcels A, B & D, 22-PM-97 Cayucos and
Lobos Avenues
No public comment.
MOTION: By Director Handshy to adopt Res. 95-85 , seconded by Director
Mackey; passed unanimously by roll-call vote:
MOTION: By Director Mackey that Board recess and reconvene as Atascadero
City Council, seconded by Director Handshy; passed unanimously.
F. COMMUNITY FORUM
No public comment.
G. INDIVIDUAL DETERMINATION AND/OR ACTION
City Council - Councilwoman Mackey requested a review of the Histor-
ical Society's lease of the Lower Rotunda Room to consider both
the changing of the 10-day notice of eviction clause to 30 days,
as well as 'extending the term of the lease to 3 years instead of
1 . Council concurred to direct staff to review the lease accord-
ingly and the subject will be discussed at the next meeting.
COUNCIL MINUTES - 9 9
C / /
PAGE NINE
City Attorney/City Clerk - Grigger Jones requested Council, as per cor-
respondence received from League of California Cities , to designate '
a voting delegate for the League ' s annual conference in San Francisco.
Mayor Nelson designated himself as delegate, with Councilman Handshy ,
as alternate.
City Manager- Mike Shelton read a memorandum from Police Chief Bud
McHale , addressed to Mr. Shelton and the City Council, commending
his staff personnel on their coordination of the recent investigation
of alleged cult-related homicides , with special recognition and thanks
to Administrative Sgt. Bill Watton', Acting Police Chief in Chief
McHale ' s absence on Vacation during the investigation. The memoran-
dum also noted that the APD received an additional 100 hours of
assistance from the Atascadero Fire Dept. Reserves and Public Works
Dept. employees and 'expressed thanks to those individuals.
MEETING ADJOURNED AT 11:20 P.M. TO A CLOSED SESSION IN ORDER TO DISCUSS PER-
SONNEL MATTERS.
RECORDED BYE
RT M. JONES , City Clerk
PREPARED BY:
vvK�M�,itiY�Y i
CINDY WILKT S, Deputy City Clerk