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HomeMy WebLinkAboutMinutes 112585 g - hAG AGENDA MINUTES ATASCADERO CITY COUNCIL DATE ITEM Regular Meeting, November 25 , 1985 , 7; 30 p.m. 7Z Atascadero Administration Building "(MINUTES APPROVED AS WRITTEN The Regular Meeting of the Atascadero City Co BY il0wast called to$order at 7: 30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance. An invo- cation was given by John Cole. ROLL CALL Present: Councilmembers Mackey, Molina, Norris, Handshy and Mayor Nelson Absent: None STAFF Mike Shelton, City Manager; Robert Jones, City Attorney/City Clerk; Paul Sensibaugh, Public Works Director; Henry Engen, Community Development Director; Bud McHale, Police Chief; Steve DeCamp, Senior Planner; Cindy Wilkins, Dep. City Clerk. COUNCIL COMMENT Mayor Nelson thanked Maggie Rice of the Chamber of Commerce for bringing coffee and cookies for tonight ' s meeting. STAFF COMMENT Henry Engen, Comm. Develop. Director, introduced Steve DeCamp, new Senior Planner as of last Monday, Nova 18th; Steve' s most recent experience was with the County of Humboldt. Bud McHale, Police Chief, introduced William Tilley, new Police Officer; Officer Tilley has resided in Atascadero for about 8 years and has served as a reserve deputy for a few years. s A. CONSENT CALENDAR 1. Minutes of the Regular Council Meeting of November 12 , 1985 2. Approval of Treasurers Report, October 1-31 , 1985 3. Approval of Finance Director 's Report, October 1-31 , 1985 4. Authorization Requested for Mayor to Enter into Agreement with Neal Feaver for Computer Consultation Services 5. Approval of 1985-86 Library Agreement Renewal 6. Tentative Parcel Map 27-85 - Ellison/Twin Cities Engineering - 10390 Santa Ana Road (Lot 34 , Block 26) (Division of 10 . 11 acres into two 4.00 and 6. 11 acre parcels) 7. Zoning Enforcement Status Report 8. Ordinance No. 113 - Zone Change 6-85 - Planning Commission Request to Revise Minimum Lot Size Performance Standards Formula in the RS, RSF- Z and LSF-Z Zones (Cont'd from 11/12/85) (SECOND READING) 9. Authorization for Public Works Director to enter into an agreement with Fred Schott Associates for engineering and architectural ser- vices for Phase IIA - Renovation of Administration Building 9 0 COUNCIL MINUTES - 11/25/85 PAGE TWO 10. Final Parcel Map 4-85 - 10550 San Marcos Road - Atkinson/Kennaly Engineering 11. Final Tract Map 27-84 - 5319 Honda - Marazzo/Gage/Kennaly_ Engineer- ing 12. Final Lot Line Adjustment 8-85 6295 Flores 13. Motion Accepting City of Atascadero Financial Audit for Fiscal Year 84-85 , ending June 30 , 1985 (verbal) 14. Motion Authorizing expenditure of $100 to provide sponsoring of the Vision 2000 Conference MOTION: By Councilman Handshy to adopt Consent Calendar Items 1-14 , sec- onded by Councilman Molina; passed unanimously by roll-call vote. MOTION: By Councilman Molina to recess as City Council and convene as the Atascadero County Sanitation District Board of Directors, seconded by Councilman Handshy passed unanimously. B. ATASCADERO COUNTY SANITATION DISTRICT ' (ACSD) 1. Proposed Annexation into the ACSD A. Public Hearing on the following Proposed Annexations into the Atascadero County Sanitation' District (Cont 'd from 10/14 , 10/28 and 11/12/85) : a. Lots 73-87 , Marchant Way b. Lots 66-72, Santa Rosa Road c. Lots 11-16 , Santa Rosa Road B. Proposed Resolution 118-85 (Alternate 6) Approving Annexation for Improvement District #3 (Lots 73-87 , Marchant Way, Lots 66- 72 , Santa Rosa Road andLots11-16 , Santa Rosa Road) (Cont'd from 10/14, 10/28 and 11/12/85) C. Proposed Resolution 123-85 (Alternate 2) - Approving Annexation for Improvement District 43 (Lots 66-87 , Block JC Marchant Way and Santa Rosa Road) Paul Sensibaugh, Public Works Director, gave staff report. After explain- ing all of the alternatives which have been explored, staff recommends the following: They would like to go back to the property owners and intro- duce a new resolution with the same boundary lines as Alternate #2 (which would be called Alternate #2-A) ; however, with the finance packages as outlined tonight, which would guarantee that their assessment would not exceed $4 ,150 per lot (in addition to the $850 annexation fee) . - Addi tionally, staff recommends that Res. # ' s 118 & 123-85 be rescinded and a new public hearing date be set and appropriately publicized ,for January 13 , 1986. Mike Shelton, City Mgr. , clarified that, if the project bids were to come in lower than the proposed $4 ,150 amount, the savings would be passed on 0 COUNCIL MINUTES - 11/25/85 PAGE THREE to the property owners; any cost in excess of $5 ,000 would be picked up by the City through the FmHA program. Public Comment Mr. Carl Lownes thanked the VFW for the use of their facility for the neighborhood meeting, and he thanked the Atascadero Police Dept. for mak- ing extra patrols of their neighborhood while most were in attendance at that meeting. Additionally, he thanked Mr. Shelton and Mr. Sensibaugh for their attendance at the meeting, as well as John Falkenstein of Ken naly Engrg. and those members of the City Council who stopped in. Mr. Lownes relayed the last few paragraphs of the minutes which were taken at the neighborhood meeting, particularly bringing to the Board's atten- tion that, after City personnel left , the property owners concurred in favor of Alternate #6 (because it would encompass the 'lots on both sides of Santa Rosa) . Although unable to speak for the majority at this point, Mr. Lownes spoke in favor of the new alternative, 2-A, introduced tonight due to it being the best, so far, in terms of costa Roy Hill spoke in favor of Alternative 2-A based on the cost savings , how- ever expressed concern for the vacant lot he owns which, according to the drawing shown tonight, shows 3 sewer lines running through it, and ease- ments may be needed in the future for problem lots, adding more lines running through his lot. Mr. Sensibaugh responded that the sketches shown tonight are preliminary, and the final design will be carefully drawn up with Mr. Hill' s concern in mind. MOTION; By Director Molina that the Board rescind proposed Res. # ' s 118 & 123-85 and go along with staff recommendations to "renotify the property owners of a -new proposed resolution to be introduced at a public hearing at the January 13th meeting when the cost and conditions will be discussed, seconded by Director Mackey; passed unanimously by roll-call vote. 2. Report on Seperado & Cayucos Proposed Sewer Assessment District (Cease and Desist Area) Paul Sensibaugh, Pub. Works Director , gave staff report. Director Molina expressed his feelingthat it would be considerate to give the people in the cease & desist areas someideaof the City's antici- pated gime schedule in accomplishing the 12 items outlined in the staff report. Mr. Sensibaugh responded that the _people affected will be kept advised of the progress throughout the process, adding that staff will be open to their questions. Director Mackey expressed con- cern about cleaning up the` Seperado area, which Mr. Sensibaugh advised is planned to be brought into the assessment district. No public comment. MOTION: By Director Mackey urging staff to proceed with the schedule as outlined in the agenda packet, seconded by Director Norris; passed unanimously: 3 COUNCIL MINUTES - 11/205 PAGE FOUR 3. Motion Accepting Atascadero County Sanitation District Audit Report for Fiscal Year 84-85 ending June 30 , 1985 Mike Shelton, City Manager, gave brief summary of this item. MOTION: By Director Handshy to accept ACSD Audit, seconded by Director Molina; passed unanimously. MOTION: By Director Handshy to recess as ACSD Board of Directors and re- convene as the City Council, seconded by Director Mackey; passed unanimously. C. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing - Zone Change 7-85 - Urban Sciences Inc./Dodson- 8425 E1 Bordo (Lot 27 , Block 442) - Zone Change from RSF-Z to L(PD5) Henry Engen, Community Development Director, gave staff report. He noted that staff had had some discussion with the County over the thought of having a shared parking arrangement with them; a letter was received late today from the General Services Director for the County, expressing some concern over noise, traffic & increased usage of the roadway and parking facilities and suggesting a continuance to allow them to further study these concerns. Public Comment George Beatty, resident of Rancho del Bordo, spoke on behalf of the Park Mgr. , Jack Stroup, indicating they aren't opposed to the con- cept of constructing a water slide, as they feel it 's inkeeping with the use of the adjoining property (Heilmann Regional Park) ; however, they are concerned about the related activities (hot tubs, restaurant, beer, wine, etc.) . They are opposed to the hot tub concept, as the surrounding area encompasses apartments where they are many young children, and mainly senior citizens reside in the mobilehome park. They are also concerned about problems from any increase in traffic. Curt Sorg, Property Mgr. for SLO County, expressed that the County would like to secure a written agreement with Mr. Dodson that he will, in fact, negotiate with them on their concerns relating to the project, mainly, (1) the use of Heilmann Park changing from passive to very ac- tive, and (2) traffic concerns; the County desires to see this stipu- lation that Mr. Dodson intends to negotiate with them written into " the City' s ordinance. Mr. Engen questioned the inclusion of a condi- tion in the City's ordinance stating that a zoning will be conditioned on the County approving something, although he thinks, the two should definitely work together to come up with a mutually agreeable program. Bruce Dodson, the project advocate, spoke in support of his proposal, thanking the Planning Commission and Atas. Mutual Water Co. for their support so far. He showed slides, reviewing the history of the uses in the area under consideration and his proposed plans for the water slide facility. Betty Sanders, Attorney who has been involved with this project, urged the Council to take the first step to allow the project to go forward COUNCIL MINUTES 11/24085 PAGE FIVE to allow the Planning staff and both the City and County as well as Mr. Dodson to proceed. Nancy Harvey, an Atas. High School student, spoke in support of the water slide, feeling it will be a great contribution to Atascadero and will help keep kids out of trouble. She feels the hot tubs will be used all year long -- even in August -- and that any concerns re- garding alcohol on the premises can be handled as they come up. Gordon Davis, speaking for Atas. Mutual Water Co. Board of Directors, related that they are very enthusiastic about this project and feel it would be a great contribution to the community' s recreational needs , in addition to making the property more appealing to the eye. Whether the project goes or not, they are in favor of the zone change. Councilwoman Mackey stated she feels, if Dial-A-Ride service is con- sidered (so less parking spaces have to be provided) , a subsidy should somehow be paid to Dial-A-Ride as it 's costly to the City to operate that system, MOTION: By Councilman Handshy to read Ord. 114 by title only, seconded by Councilwoman Mackey; passed unanimously. Mayor Nelson read - Ord. 114 by title only. MOTION: By Councilman Handshy that this constitutes the first reading of Ord. 114, seconded by Councilwoman Mackey; passed unanimous- ly. Second reading will be the first meeting in December. 2. Appeal by Gifford of Planning Commission Denial of Conditional Use Permit 16-85 , 6455 Santa Lucia (23-Unit Elderly Facility) Henry Engen, Commun. _Develop. Director, gave staff report and res- ponded to Council questions regarding project density. Public Comment David Brannon, project architect, spoke in support of the project, - explaining that it is intended to serve the needs of the low-income elderly in the community, and it will be a subsidized housing pro- ject to be administered by the Housing Authority. He ,noted that, even with a 25% density bonus , only 11 units would be allowed, which would not make construction economically feasible, thus the need to appeal. Mr. Brannon provided copies of a letter of support for the project (from Mr. Chubon, Administrator of the San Luis Obispo Hous- ing Authority), to Council. Mary Middlecamp, resident on Venado, expressed her concern for the provision of recreational facilities for the residents; as a consul- tant for the Tri-Counties Regional Senior Citizens Center, she spoke of the social needs of the elderly. She also hopes the traffic safety issues are carefully studied. Mr. Eldridge Hughes, an elderly citizen, stated he feels the project proposed is too large; he agreed with the previous speaker regarding COUNCIL MINUTES. - 71/25/85 PAGE SIX the need for congregational facilities as well as plenty of landscap- ing: "People need space; that' s what Atascadero is about". Al Wright asked Council to think about giving 19 old people a place to live instead of kicking them out into the 'street. Mr. Engen stated he had received a letter this afternoon from Norma . Boneso, a property owner of 6603 Santa Lucia (duplex adjoining the subject property) , supporting Mr. Gifford' s project. David Brannon spoke again, rebutting Mrs. Middlecamp' s "total mis- representation" of the project. He pointed out that an indoor recreation room is. in the plans, as well as an enclosed, sheltered exterior patio; there is space for another exterior patio. He in- vited Council to visit a similar facility in San Luis Obispo whose residents express they're very happy with their living quarters and situation and would probably express support for this project. Councilman Handshy read excerpts from a publication which addressed the issue of planning for retirement and the nation's need to provide independence and security for its elderly population. MOTION: By Councilman Handshy to continue this item to Jan. 13th in or- der to allow staff to write up a very discreet set of findings for approval (with respect to density issues) so that- inappro- priate future proposals can be avoided, seconded by Councilwoman Mackey; passed unanimously. COUNCIL RECESSED FOR A FIVE-MINUTE BREAK AT 10:00 P.M. 3. Appeal of Planning Commission action allowing removal of the Sycamore tree at 7040 El Camino to allow expansion of a Kentucky Fried Chick- en (KFC) Restaurant Henry Engen gave staff report. Councilman Molina asked for clarification of whether or not a conflict of interest exists due to Councilwoman Mackey' s request for Council support of the subject appeal and her filing a letter of intent to initiate it. Robert Jones, City Atty. , responded that, in his opin- ion, since the filing fee didn't accompany the letter and Council- woman Mackey subsequently removed the letter because another group took the action of filing the appeal , there is no conflict of inter- est. nterest. Public Comment Marion Young, Young Bros. Construction, representing the franchise owners of the KFC, spoke in 'support of the Planning Commission's recommendations and decision to allow for the tree removal. He noted that, to his knowledge, a governing committee has not made a formal determination that the Sycamore is a heritage tree. He also noted that every means of remodeling the structure without harming the tree b 0 0 COUNCIL MINUTES - ,,11/25/85 PAGE SEVEN has been explored, and there appears to be no alternative; the tree is causing extensive plumbing problems and some structural problems. Charlie Vest, whose family owns the KFC. franchise, spoke in support of the tree removal in order to expand and upgrade the facility as an alternative to rebuilding. Steve LaSalle, resident, indicated he had about 35 people to add to the list of persons appealing the tree removal, bringing the total to about 50 . He spoke in support of leaving the tree and "shooting for as much quality as can be obtained" . He, noted that a licensed landscape architect and professor from Cal Poly came and assessed the tree ' s value at approximately $16 ,000 . He read excerpts from this Dec. ' s Atlantic Monthly addressing the subject of chain res- taurant planning. John Cole, resident, read a prepared statement on behalf of the 100- year-old, healthy Sycamore tree, and he supports the appeal. He added that he trusts that , .should Council approve the appeal, a stiff penalty will be assessed if someone deliberately kills or poisons the tree Ted Elder, landscape architect, spoke in support of the previous speak- er' s comments, feeling it ' s a shame even considering cutting down such a tree. Barbara Schinicke, resident, expressed concerns about the possibility of future problems from the 3 replacement oaks; she _favors the appeal. Stubby Fasig, resident, spoke in support of the appeal, noting some of the many trees which have been lost to growth. Betsy Collins , resident, expressed that more tree-lovers would be present tonight except there is an Audubon meeting tonight. She re- layed a quote from Thomas Jefferson (bemoaning the fact that he had no power to save the trees in Washington) that he felt the lack of consideration for trees is akin to murder. She supports the appeal. Mike Minden spoke in defense of the tree, supporting the appeal Ray Gordon, local business owner near KFC and engineer, spoke in sup- port of the appeal, expressing the 100-year-old tree is a treasure to be saved. Marion Young spoke again, noting that it has taken 4 months for the business-owner to proceed to this point to repair and modernize his failing business which employs 12 people, another important factor. George Beatty, resident, agreed with the comments of Mr. Gordon and asked why can't the design be accomplished around the tree. John Cole spoke again in support of creative design to alleviate the problems the present structure has. 0 ! COUNCIL MINUTES - 11/25/85 PAGE EIGHT Mr. Engen noted the receipt of a letter to Council from Kirk & Chris- tine Shultz supporting the effort to save the Sycamore 'tree. Eldridge Hughes, resident for nearly half a century in Atascadero, noted that some of the trees have been marked not to be destroyed, and he wonders if either the State or County has applied such a stipulation to the tree at KFC. Harry Sachrider noted that there is a Sizzler ' s Restaurant in Goleta where there' s a Sycamore tree in the middle of the restaurant with an atrium built around it , and he thinks this could be considered. Norm Canfield feels :the Council has a unique .opportunity to redefine the nature of how Atascadero ' s business area is going to grow; maybe now' s the time to say we 're not with cutting down 100-year-old trees but are, instead, interested in creative methods with which to save them. Betsy Collins asked what considerations have been made with respect to an ordinance mandating how to handle the trees, or having a mem- ber on the Planning Commission knowledgeable of trees. One lady (didn't state name) spoke in support of the appeal and feels KFC should redesign their plans taking into consideration the -"jewel" of a tree on their property. MOTION: By Councilman Molina that Council uphold the Planning Commis- sion recommendations, seconded by Councilman Handshy motion failed by 3:2 roll call vote, upholding the appeal, with Coun- cilmembers Mackey, Norris and Mayor Nelson dissenting. MOTION: By Councilman Molina to extend meeting past 11 p.m. , seconded by Councilman Handshy; passed unanimously. MOTION: By Councilwoman Mackey that Council concur with the Planning De- partment ' s original recommendations (that the site plan be re- designed to save the existing 30-inch Sycamore tree) and that staff investigate alternative plans for .par.king, . seconded by Councilwoman Norris; motion passed by 3 :2 voice vote, with Councilmembers Handshy and Molina dissenting. 4. Appeal by Sherer of City procedures, which do not allow installation of permanent electrical power until final inspection Henry Engen, Commun. Develop. Director, gave staff report. Mayor Nelson asked if this subject matter is appropriate for,.-the Board of Appeals. Mr. Engen and Mr. Jones, City Atty. , clarified that it is a procedural issue, not a Building Code issue, to ;be de- cided by Planning staff in their discretion and, as such, the Atas. Municipal Code requires. the matter be brought before the City Coun- cil. COUNCIL MINUTES - 11/25 PAGE NINE Public Comment Mike Sherer, appellant, spoke in support of the appeal. He stated the former City Manager had revised the wording that proposed refer- ring certain issues to the Board of Appeals ; Mr. Sherer contends that this issue should have gone to the Board of Appeals, and he disagrees with Mr. Engen' s administration of Building Dept. procedures. He stated that, if Council upholds his appeal, it will (in some cases) reduce the costs of construction . He stated the County, Paso Robles and Morro Bay permit permanent electric service prior to final inspec- tion. Don Smith, representing PG&E, stated the piggyback hook-ups are a "pain in the neck" for them and they would rather hook up permanent electricity wherever possible; however, PG&E will go along with what- ever policy the City adopts and continue to enforce it. Mr. Engen noted that, since the staff report, he investigated a prac- tice called "Notice of Pendency" used by Monterey County in unique situations; individuals agree to pay for the recording (with the County) of an agreement stating they won't move into the house until final inspection occurs. This might be an alternative for Atascadero , to mitigate similar problems. MOTION: By Councilwoman Norris to allow the extension of permanent elec- trical power on the basis of performance agreement (s) between the City and contractor (s) , in general, and to direct staff to look into changing the policy of which cases should go before the Board of Appeals, seconded by Councilwoman Mackey; passed unanimously. D. NEW BUSINESS 1. Proposed Resolution 127-85 - Setting Public Hearing date regarding possible establishment of a Business Improvement Association Mike Shelton, City Manager, reported that the committee has requested affew changes to the proposed resolution: �. 'l) On page 2 , item 5: Instead of first year, second year, etc. , the first year would be stated 1986, second year 1987 , etc. ; with the in to be specific instead of general as to the years; ���' ` ! 8S �2) On page 2 , item 5, first paragraph: . . for the area shall be levied on 'all ' (replacing 'the' ) business in the area in amounts equal to the business license charge (exempt business categorized as general fee) on such business.. . " (words in 'parenthesis added) . The intent of this change is to insure that exempt businesses who do not, now, pay a business license fee will be responsible for a fee under this proposed resolution, Mr. Shelton noted. MOTION: By Councilman Handshy to adopt the attached proposed resolution of intention to establish a Business Improvement Association area (Res. 127-85) , seconded by Councilwoman Norris; passed unanimous- ly with changes as mentioned by Mr. Shelton. 9 COUNCIL-MINUTES - 11/2085 PAGE TEN i 2 . General Plan Conformity Report - Request to offer Graves Creek Reser- vation No. 8 to City - 11725 Santa Lucia Mayor Nelson announced the above offer was withdrawn, making this a non-item. F. COMMUNITY FORUM Jerry Bond, Planning Commissioner, clarified his understanding of the voting policy as a Commissioner (that, even if his vote was the mino- rity vote and the majority vote carried, he then goes along with the majority after the vote) ; Mayor Nelson responded that that is correct. G INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilman Molina asked to direct Mr. Engen to look into the tree ordinance, specifically; as; it relates to industrial, commercial and high-density residential areas; Council consented to that suggestion. Mayor Nelson announced there will be a closed session after the meet- ing adjourns tonight regarding litigation in the case of Barrett vs. City of Atascadero. MEETING ADJOURNED AT 12 : 00 MIDNIGHT TO THE CLOSED SESSION, STATED ABOVE. RECORDED BY ROBERT M. , City Clerk PREPARED BY: CINDY WILKI , Dep. City Clerk