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Home My WebLink AboutMinutes 092385 MINUTES - ATASCADERO C I'Y r' ' ��o�OA COUNCIL Regular Meeting, u / �`/eRdr-17EIIIAg g, September: 23, 1985 , 7 :30 p.m. # -1 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 Attorney/City Clerk; Henry Engen, Planning Director; Mike Hicks, Fire Chief; Paul Sensibaugh, Public Works Director; John Wallace, Contract Engineer; Cindy Wilkins, Deputy City Clerk. COUNCIL COMMENT Mayor Nelson proclaimed October 6-12 , 1985 , as Fire Prevention Week. Councilwoman Mackey requested a correction to the minutes of Sept. 9 , Item G; it was erroneously recorded that the. Historical Society had been served with a 10-day notice of eviction, which they were not Councilwoman Mackey, instead, had referred to the 10-day notice clause in the Society' s lease agreement and was requesting that it be changed to 30 days. A. CONSENT CALENDAR- 1 . Minutes of the Regular Council Meeting of September 9 , 1985 2. Treasurer ' s Report - August 1 - 31 , 1985 3. Finance Director ' s Report August 1 - 31 , 1985 4. Motion Setting October 13 as Public Hearing for Amending Business License Ordinance 5. Tentative Parcel Map 23-85 - 5495 Traffic Way (Lot 13 , Administration Park) - Carroll/Stewart - Create 2 lots where 3 lots now exist 6. Dial-A-Ride - Authorization to Make Application for State Grant Fund- ing for Purchase of Equipment 7. Claim by Theodore Holley in the Amount of $1 ,750 (RECOMMEND DENIAL) 8. Claim by Castle Development Company (unspecified amount) (RECOMMEND DENIAL) 9. Claim by Louis Martin Cava (unspecified amount) (RECOMMEND DENIAL) 10. Claim by James T. Berger (unspecified amount) (RECOMMEND DENIAL) 11. Proposed Resolution 110-85 - Approving Memorandum of Understanding between the City of Atascadero and Atascadero Sergeant ' s Bargaining Unit MOTION: By Councilman Handshy to approve Consent Calendar Items 1-11 , seconded by Councilwoman Mackey; passed 5:0 by roll-call vote. COUNCIL MINUTES - 9/23/85 PAGE TWO MOTION: By Councilwoman Mackey that Council recess and convene as the Atascadero County Sanitation District Board of Directors, second- ed by Councilman Handshy; passed unanimously., B. ATASCADERO COUNTY SANITATION DISTRICT 1 . Public Hearings on the Following Proposed Annexations into the-Atas- cadero County Sanitation District: A. Continuance of Scheduled Public Hearing on Annexation of Lots 66- 72 , Santa Rosa to October 14 , 1985 (Cont 'd from 9/9/85) B. Continuance of Scheduled Public Hearing on Annexation of Lots' 73 87 , Marchant Way to October 14, 1985 (Cont 'd from 9/9/85) C. Proposed Resolution 109-85 - Initiation of Proceedings for Annex- ation of Lots 11-16 , Santa Rosa into the Atascadero County Sanita- tion District and Set a Public Hearing on October `14, '1985 Paul Sensibaugh, Public Works Director; gave staff report. No Public Comment. MOTION: By Director Molina to adopt' Res. 109-85 , seconded by Director " Handshy; passed unanimously by roll-call vote. MOTION: , By Director Handshy to continue Items A & B to Public Hearing on October 14 , seconded by Director Molina; passed unanimously. Director Molina stepped down due to possible: conflict of interest. D. Proposed Resolution 107-85 Annexing Parcel A, Lot 1 , Block JB, Ardilla Avenue (Cont 'd from -9/9/85) E. Proposed Resolution 106-85 - Annexing Lots 29 & 30 , Block KB, Ardilla Avenue (Cont 'd from 9/9/85) Paul Sensibaugh gave staff report. He indicated that, on both Res. 106-85 and 107-85 , the wording in paragraph 6 will be amended to in- dicate a Negative Declaration. John Wallace, Contract City Engineer, gave an update on the status of the sanitary sewer study. Both Mr. Sensibaugh and Mr. Wallace responded to questions from the Board re- garding sewer system capacity issues. Mike Shelton, City Manager, noted that the reason Council engaged the Wallace firm to do the sewer study was to determine where the "bottlenecks" existinthe present system and what the sewage treatment capacity will be in ac- cordance with the City' s buildout plan. Mr. Wallace indicated he ex- pects ./to x-pects to have some figures 'availab)le within a month. Public Comment Art Cunningham, 8495 E1 Dorado Rd. , inquired if the potential connec- tions (by properties already in t.he. sanitation district) to the present sewer system are included in the study; Mr. Wallace responded that they COUNCIL MINUTES - 9/2305 PAGE THREE are. Mr. Cunningham also inquired if the people who are going to be annexed into the district are going to have to pay, as he does, on Assessment Bond ,#1 (implemented in 1970) ; Mr. Sensibaugh responded no, but that the new properties will have to pay for the extension of the lines to their houses and, in the case of Santa Rosa' & Marchant Way, an $850 annexation fee as well as a sewer connection fee in ad- dition to the cost of extending the lines. Mary Middlecamp, 5705 Venado, inquired of each Boardmember what they believe they are voting for on these proposed annexations - apartments * or condominiums - to which each responded. She explained that she doesn't believe the Board can vote on these annexations until the pro- ject has been defined as apartments or condos , according to information from State sources; she believes the project has been treated as condos and, therefore, must comply with the Subdivision Map Act before any land is touched. Robert Jones , City Atty. /City Clerk, responded that the permit that was issued for this project was for apartments , and the provisions of the Subdivision Map Act apply to condominiums. Henry Engen, Planning Director , concurred with Mr. Jones , explaining that the Map Act will come into play when/if the applicants convert to condomin- iums. * MOTION: By Director Handshy to adopt Res. 107-85 (Rehbock/10 units) , in- cluding the change in language noted by Paul Sensibaugh, 'seconded by Director Norris; passed 3 : 1 by roll-call vote, with Director' Mackey voting NO and Director Molina not voting. * MOTION: By Director Handshy to adopt Res . 106-85 (Dunn/36 units) , seconded by Chairman Nelson; passed 3 : 1 by roll-call vote, with Director Mackey voting NO and Director Molina not voting. MOTION: By Director Mackey to recess as Atas. County Sanitation District and reconvene as City Council , seconded by Director Handshy; passed ** 1�. 4: 0, with Director Molina not voting. " C. HEARINGS, APPEARANCES AND REPORTS 1 . Extended Weed Abatement: A. Proposed Resolution 105-85 - Confirming Cost of Weed Abatement B. Weed 'Abatement Appeals - Public Hearing Mike Hicks , Fire Chief, gave staff report. No public comment. MOTION: By Councilman Molina to adopt Res. 105-85 , seconded by Council- woman Mackey; passed unanimously by roll-call vote. D. UNFINISHED BUSINESS 1 . Proposed Resolution 108-85 (Amending Resolution 6-85) - Revising and Establishin2 Business License Fees * Councilman Handshy requested clarification be made that, as' ACSD Board- member, he voted for annexations (not "buildings") ; (10/14/85 , p.`l . ** Councilman Molina requested minutes reflect he did not vote at this time; 10/14/85 . p. l. 2 COUNCIL MINUTES - 9/2305 PAGE FOUR Mike Shelton, City Manager, gave staff report. Robert Jones, City ' Atty. /City Clerk, noted that the Council will have a business license ordinance before them in the foreseeable future (presently operating under the County ordinance)- with-the intent to codify such an ordin- ance in the Atas. Municipal Code. (As approved on Consent Calendar, Item #4 , Public Hearing set for Mon. , Oct 14. ) Public Comment Herb LaPrade , 6480 Santa Ynez , asked how the fees will be applied to independent realtors, to which Council responded. Gary Harcourt, local architect, inquired (similar to Mr. LaPrade) how the fees will be applied to independent architects working out of one office; he' s concerned with individuals being double-feed ,and hopes to see a clear definition of "employee" in the ordinance. Elizabeth Putnam, 5210 Capistrano , a local real estate broker, com- mented, similar to the concerns of the previous two speakers , that it would be extremely helpful if the owner/broker were clearly designated from the employee. MOTION: By Councilman Molina to adopt Res. 108-85 , seconded by Council- woman Mackey; passed unanimously by roll-call vote. 2. Planning Commission Recommendations on Architectural Review (Cont 'd from 6/10/85) Henry Engen, Planning Director, gave staff report. Public Comment Doug Lewis, resident, commented that the FHA is abandoning all build- ing code standards , he believes effective Oct. _1 , which will subject the City to a whole new set of pressures. Additionally, he expressed his hope that, when making amendments to the General Plan, there can be some built-in assurance that the intentions of the original Plan won't be 'erased as it was carefully, deliberately and painfully for- mulated through the efforts of local citizenry. Art Cunningham, 8495 El Dorado Rd , spoke as V.P. of the Atascadero Homeowners' Assn. , and he read their policy statement which supports the City' s efforts to implement an architectural review process as found on pages 173 and 199-204 of the General Plan. He further sup- ports soliciting input from members of the community, many retired, who have valuable expertise in many fields. Elizabeth Putnam, 5210 Capistrano , read from page 173 of the General Plan regarding the jurisdiction it covers , citing that nothing is man- dated regarding private residences or commercial buildings, which she thinks causes confusion. She read additional intended objectives of architectural review as outlined in the General Plan. She presented vl COUNCIL MINUTES - 9/205 PAGE FIVE a petition signed by 260 Atas. residents who favor a design review commission as outlined in the General Plan, feeling this section of the. Plan has not been implemented. Michelle Whitehead, business and property-owner in Atas. , expressed her concerns about the proposed design review committee and spoke in favor of utilizing the knowledge of professionals in the area who have volunteered their services in the design review process. Richard Shannon, 8160 Los Osos Rd. , opposes an architectural review committee, feeling it would be an unnecessary level of government. Elaine Oglesby, 9195 Santa Lucia Rd. , spoke ;as a former member of the Advisory Committee, General Plan Committee and as Chairman of the Sub-Committee on Community Appearance and Standards. - She thanked' Lon Allen for his recent editorial which gave credit to the original General Plan Committee, reviewing the countless number of individuals who also had input in the process of drawing up the Plan and the nu- merous public hearings involved. She expressed her hope that the present Council follow in those, footsteps, as the community has shown the City what it wants. Norman Norton, resident and business-owner , spoke in opposition to architectural review based on the additional cost in both time and money to the consumer. If we must have one , he favors the type im- plemented by the City of Paso Robles. Gary Harcourt, local architect, spoke in favor of an architectural " review committee which would combine the expertise of laypeople, staff and planning staff in order to pool their conceptual ideas to achieve a scale of 'standards by which people can see what they're getting; he feels it' s vital that we look, ahead, indicating that, at a recent Assembly District meeting, it was indicated that the North County is growing at a rate 22% faster than any other place in California. MOTION: By Councilwoman Mackey to go along with the Planning Commis- sion's recommendation and direct staff to come back with a proposed ad-hoc committee of design professionals to evaluate and make recommendations on existing architectural standards and criteria, seconded by Councilwoman Norris; passed 4 :1 by voice vote , with Councilman Molina voicing NO. COUNCIL RECESSED FOR FIVE-MINUTE BREAK. 3. Status Report on Development Fees - Establishing Task Force Paul Sensibaugh, Public Works Director, gave staff report. Mayor Nelson read the list of individuals recommended to serve on the committee: Jack Stinchfield, Norman Norton, Tom McNamara, Judd Porter, Wally Dunn and Paul Sensibaugh. Councilwoman Norris inquired, "why- are there no women?. COUNCIL MINUTES - 9/2*5 PAGE SIX MOTION: By Councilman Molia to go along with staff recommendations, sec- onded by Councilma Handshy; passed unanimously. Council concurred that one to two additional persons may be added to serve on the commi tee and that names may be submitted to Mr. Sensibaugh for consideration. E NEW BUSINESS 1 . Establish a Joint Meeting with Planning Commission and Review of Pro- posed Agenda Mike Shelton gave staff report. Council concurred with staff recommendations , however, changing the time of the joint City Council/Planning Commission meeting on Oct. 10th to 7: 00 instead of 7 :30 p.m. Councilman Handshy asked that the agenda include an overview, by the Community Development Director, on the General Plan and its affect on decision-making. F. COMMUNITY FORUM Joe Knyal-, 8389 Alta Vista, expressed his dissent with some of Council- man Molina' s earlier comments when he praised the efforts of staff. Mr. Knyal also, referring to a letter published in the paper by George Highland, had inquiries regarding the recent salary classification study, to which Mr. Shelton responded. G. INDIVIDUAL` DETERMINATION AND/OR ACTION City Council - Councilwoman Mackey would like to have the lot under consi- deration as the location for the new library surveyed in order to define the lot lines. Mr. Shelton responded that staff will be meeting, this Friday, with the project architect and will discuss the matter with him. Councilwoman Mackey related that a couple of local merchants who operate late in the evenings had inquired whether or not the City has a curfew; one of the merchants is concerned about minors he/she saw around 2 :00 a.m. Mike Shelton will have Police 'Chief McHale look into thecurfewand re- port back. MEETING ADJOURNED AT 10 :44 P.M. RECORDED BY: G ROBERT M. JONES, City Clerk PREPARED BY: CINDY WILK S, Dep. City Clerk W