HomeMy WebLinkAboutMinutes 011386 AG'I3DA
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MINUTES - ATASCADERO CITY COUNCIL (APPROVED BY CODICIL, AS
Regular Meeting, January 13, 1986 WRITTEN, 1/27/86)
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.
ROLL CALL
Present: Councilmembers Handshy, Mackey, Molina, Norris and
Mayor Nelson
Absent: None
STAFF
Mike Shelton, City Manager ; Robert Jones, City Attorney/City
Clerk; Bud McHale, Police Chief; Mike Hicks, Fire Chief; Henry
Engen, Community Development Director; Paul Sensibaugh, Public
Works Director; Cindy Wilkins, Dep. City Clerk.
COUNCIL COMMENT
Councilwoman Mackey expressed concern about trees being cut with-
out permits and her desire to see tighter enforcement of City
development standards, in general, especially with regard to non-
permitted tree removals; she stated she' s been working (for about
the past 6 months) with a committee drafting a tighter tree ordi-
nance, which will include penalties for illegal tree removals,
and hopes to have it available for presentation to' Council by
next meeting; Henry Engen, Commun. Develop. Director, concurred
with Councilwoman Mackey that he believes there is a need for
penalties (for those types of infractions that aren' t worth res-
cinding an entire permit) to serve as a reminder to permittees to
be more honest/careful in their development; Mayor Nelson direct-
ed Mr. Engen to have Planning staff prepare a report reflecting
violations vs. enforcements in this area.
Councilwoman Norris commented on herself, Councilman Handshy,
Mike Shelton and Henry Engen having attended the Vision 2000 Con-
ference (held at Cuesta College) last Saturday, which focused
attention on growth issues/concerns in the County; she noted she
has a copy of a report from the conference available for review.
She also mentioned she' s anxious for Council and staff to study
together and, possibly, amend the City' s Zoning Ordinance.
Councilman Handshy noted he submitted (to fellow Councilmembers)
a proposed resolution entitled "Americanism" and hopes it will be
considered for adoption at the next meeting.
Mayor Nelson presented two proclamations: The first to Bill
Silver for his service representing Atas. on the SLO County Area
Coordinating Council' s Citizens' Advisory Transportation Commit-
tee (Bill presented a burl, hand-carved candle holder as a gift
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to the City) ; the second to Elliott Stephenson for his having
organized the construction and financing for the new "Welcome to
Atascadero" sign and sidewalk at the northbound Hwy. 101 offramp
to Hwy. 41. Mr. Stevenson mentioned all the people who contri-
buted to the effort and presented the Mayor with checks amounting
to $200 for landscaping.
Mr. Larry Starling, District Manager, American Automobile Assoc.,
presented the Pedestrian Safety Citation to Police Chief McHale,
an honor bestowed on the APD also in 1981 & 1983; Atascadero was
cited as one among 1,006 other competing cities, nation-wide,
with populations between 10 ,000-25,000 Atascadero had no pedes-
trian fatalities during 1983-84.
A. CONSENT CALENDAR
* NOTE: Regarding Item #12, Mayor Nelson announced that Council-
woman Mackey has been appointed to said committee, with
Councilman Handshy as alternate.
1. Minutes of the Regular Council_ Meeting of December 9, 1985
2. Approval of Treasurer ' s Report - November 1-30, 1985
3. Approval of Finance Director ' s Report - November 1-30, 1985
4. Claims of Nester Bernardo and Armando Flores (Amounts
Unspecified) (RECOMMEND DENIAL)
5. Ordinance No. 115 - Zone Change 8-85 - Urbn Sciences,
Inc./Dodson- 9425 E1 Bordo (Lot 30-31, Tract 5) - Change
zone from RSF-Z to L (PD5) (SECOND READING)
6. Lot Line Adjustment 13-85 - 4595 and 4450 Traffic Way (Jesse
Bentley, et al/Shirley Moore)
7. Lot Line Adjustment 7-85 - 6505 Santa Cruz Road (DeWelt/Dan
Stewart)
8. Final Parcel Map 18-84 - 10995 San Marcos Road (Major/Dan
Stewart)
9. Final Parcel Map AT 820802:1 - San Marcos Road (Ptn. Lot 46,
Block 40) (Langford & Ibsen Ent./Dan Stewart)
10. Motion authorizing Public Works Director to request proposals
for Sycamore Bridge Project
11. Request by Public Works Director for authorization to hold
Public Hearing on Traffic Committee items
12. Motion endorsing Mayor Nelson's appointment of City Council
representative (* SEE NOTE ABOVE) and Henry Engen to the
S.L.O. County Economic Monitoring and Mitigation Program
Advisory Committee (Off-shore development)
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13. Request by Public Works Director for authorization to
advertise for bids and enter into Consulting Agreement with
Fred Schott & Assoc. for the final design of Phase IIC-HVAC
and Interior Renovation - City Hall Renovation Project
MOTION: By Councilman Molina to approve Consent Calendar Items
1-13, seconded by Councilwoman Mackey; passed unanimous-
ly by roll-call vote.
MOTION: By Councilman Handshy for Council to recess and convene
as the Atascadero County Sanitation District Board of
Directors, seconded by Councilwoman Mackey; passed unan-
imously.
B. ATASCADERO COUNTY SANITATION DISTRICT (ACSD)
1. Public Hearing on proposed formation of Sanitary Sewer
Improvement District No. 3 (Cont'd from 10/14, 10/28, 11/12 &
11/25/85)
2. Public Hearing on proposed annexation of Improvement District
No. 3 into ACSD - Proposed Res. No. 123-85 (Cont'd from
10/14, 10/28, 11/12 & 11/25/85) :
a. Lots 73-87, Marchant Way
b. Lots 66-72, Santa Rosa Road
City Attorney, Robert Jones, announced to Board that the two res-
olutions (just delivered prior to meeting) proposed should be
numbered 123-85 (proposing formation) & 124-85 (proposing annexa-
tion) .
nnexation) .
Paul Sensibaugh, Public Works Director, gave staff report, noting
that six written objections (from property owners) to the pro-
posed formation/annexation were received prior to meeting time,
which is less than a majority.
City Attorney Jones reiterated, for the purpose of the record,
that this area is under the Cease and Desist Order, and the
Regional Water Quality Control Board has mandated that it be
served within a reasonable period of time.
Public Comment
Terrill Graham, 6205 Conejo Rd. , asked if all the property owners
in the area proposed were properly notified, to which Paul Sensi-
baugh responded, noting the numerous public notices, public hear-
ings and the neighborhood-organized meeting which was attended by
some staff as well as Councilmembers. Mr. Graham inquired if the
City staff has had consent from the majority of property-owners
in the proposed district, or are they basing their judgement on a
non-action of property-owners who oppose such a district.
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Mr. Carl Lownes, 9550 Marchant Way, who has spearheaded the ef-
fort along with a majority of the owners, reviewed the history of
li this issue (which was originally started two years ago but the
effort had to be abandoned due to the individual's illness) , not-
ing that everyone in the area was petitioned before this process
began, and (at last count) only two persons were not in favor of
exploring the possibility of being annexed into the Sanitation
District - the effort was initiated at the request of the pro-
perty-owners; Mr. Lownes added that the present proposed cost is
almost 50% less than the City's original estimate.
Terrill Graham addressed Chmn. Nelson: "Have a majority, one over
50% of the people within this area, requested the City to estab-
lish a special assessment district for this sewage system?" ;
Chmn. Nelson responded yes.
MOTION: By Director Molina to adopt Res. 123 & 124-85, seconded
by Director Handshy; both resolutions passed by 5:0
roll-call vote.
MOTION: By Director Handshy to adjourn as ACSD Board of
Directors and reconvene as City Council, seconded by
Director Mackey; passed unanimously.
City Atty. Jones noted that, after the work is completed, the
matter will be brought back to the Board, at which time they can
elect to have the charges placed on the property tax rolls, which
has been the expressed desire of the property-owners, to be paid
over a period of approx. 15 years at a set rate of interest.
C. HEARINGS, APPEARANCES AND REPORTS
1. Consideration of Ord. No. 116 establishing Business
Improvement Assn. (B.I.A.) area boundaries (PUBLIC HEARING)
Robert Jones, City Attorney, gave staff report. Mike
Shelton, City Manager , noted that this process has been tran-
spiring for approximately the past six months, with numerous
meetings having been held by the B.I.A. formation committee
as well as an open house meeting for all members of the down-
town business area.
Public Comment
Harry Sackrider , Chmn. of the Interim Committee for the For-
mation of a B.I.A. , spoke in support of the formation of a
B.I.A. and relayed the efforts of the committee to date. He
noted the information meeting held on Sept. 26th (Prather
Bldg. , Jr. High) which '87 local business persons attended;
those individuals were petitioned on their interest in the
formation of a B.I.A. , and findings supported working to put
an ordinance before the City Council (of the 46 local busi-
nesses represented, 33 - or 71% - signed in favor) .
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Bill Silver, _10025 El Camino Real, Sp. 48, based on a person-
al survey within the last four months, advised local business
owners of the importance of making the customer feel impor-
tant.
Maggie Rice, Chamber of Commerce, spoke in support of revi-
talizing the downtown area, noting the Chamber ' s support of a
B.I.A. , believing it' s the best solution to current problems.
MOTION: By Councilman Handshy to read Ord. 116 by title only,
seconded by Councilman Molina Mayor Nelson read Ord.
116 by title.
MOTION: By Councilman Molina that this constitutes the first
reading of Ord. 116, seconded by Councilwoman Mackey;
passed unanimously. Second reading to be Jan. 27, 1986.
2. Appeal by Nancy Jacobson of curb, gutter and sidewalk
requirement and paved parking requirement for C.U.P. 22-85
(Kaleidoscope Kids Preschool) - 6300 Marchant Avenue
Henry Engen, Commun. Developmt. Director, gave staff report.
Public Comment
Nancy Jacobson, applicant, spoke in support of her appeal.
She inquired when the adjoining properties will be required
to install curb, gutter & sidewalk, which do not presently
exist. Also, since she currently is leasing subject property
with option to buy, she requested if the improvements could
be postponed for about one year until the purchase goes
through.
Mayor Nelson suggested Ms. Jacobson discuss the issues fur-
ther with staff, researching the possibility of a guarantee
bond for the required improvements.
MOTION: By Councilwoman Norris to continue this item to Jan.
27th, seconded by Councilwoman Mackey; passed unanimous-
ly.
D. UNFINISHED BUSINESS
1. Proposed Resolution No. 134-85 - Authorizing Comm. Developmt.
Director to enter into agreement for electrical service prior
to final inspection (Cont'd from 12/9/85)
Robert Jones, City Atty. , gave staff report.
Public Comment
Mike Sherer, 8090 Cristobal, requesting such agreement, said
he finds the resolution and agreement acceptable. He asked
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whether or not, as a result of this action, the resolution
that created the Board of Appeals will be revised. Mr. Engen
stated staff intends, as a special study item at Council di-
rection, to research the possibility of amending the wording
in the current ordinance, working with the City Attorney, as
to the assigning of functions to the Board of Appeals. Mayor
Nelson directed Mr. Engen to solicit input from the staff/de
velopers ad hoc committee on this subject and report back to
Council.
Robert Fielding, Chief Bldg. Inspector (as a member of the
audience) , expressed his opinion that the Board of Appeals,
according to the Uniform Building Code, has no jurisdiction
j in administrative practises. He added that, should Council
adopt this resolution, it may be difficult to enforce and may
cause a backlog of final inspections, but we'd seek to make
it work.
Mike Shelton added that this was an approach intended to fa-
cilitate the process and, if any problems develop, we can
recommend changes.
MOTION: Councilman Molina to adopt Res. 134-85, seconded by
Councilwoman Norris; passed unanimously by roll-call
vote.
2. Appeal by Gifford of Planning Commission denial of
Conditional Use Permit 16-85,6455 Santa Lucia (23-Unit
Elderly Facility) (Report of staff findings with regard to
density issues) (Cont'd from 11/25/85)
Henry Engen, Comm. Develop. Director, gave staff report.
Public Comment
David Brannon, architect representing Mr. Gifford, spoke in
support of the Council allowing the project to proceed with
the 20-unit proposal; other than that, he indicated they have
no difficulties with the requirements outlined in the pro-
posed resolution. Mr. Brannon added that he wanted Council
to be aware that staff, and particularly Henry Engen, have
been "extremely efficient and helpful" during this appeal
process.
Mr. Engen responded to questions from Council.
MOTION: By Councilwoman Norris to adopt Res. 2-86 and its
findings and conditions of approval for a 19-unit pro-
ject, seconded by Councilman Handshy; passed by 4:1
roll-call vote, with Councilwoman Mackey voting NO.
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3. Council appointment to Citizens' Transportation Advisory
Committee
Mayor Nelson announced that, prior to tonight's meeting,
Council interviewed Mr. James Rodger , and he has agreed to
accept a 3-year term as representative of Atascadero on the
Citizens' Transportation Advisory Committee (C.T.A.C. ) .
MOTION: By Councilman Handshy to approve the appointment of
James Rodger to C.T.A.C. , seconded by Councilwoman
Mackey; passed unanimously.
E. NEW BUSINESS
1. Consideration of possible additional General Plan Amendments
for Cycle 1 - 1986 (Report by Commun. Development Director
Henry Engen gave staff report. He proposed that, on receipt
of the Wallace Sewer Study, the Coromar Study Area (GP 2G-85,
Lopus/Kennaly) be considered in order to expedite that pro-
posed amendment, as Coromar St. has been 'on hold' awaiting
the results of that study; also, he noted that the Hilchey/
Kennaly (GP 2E-85, 2205 El Camino) request has been informal-
ly withdrawn, and Planning staff is awaiting a formal letter
to that effect.
Councilwoman Mackey requested that possible expansion of Area
C be considered by the Planning Commission (Rosario, down to
Palma; include Bajada and Tunitas) .
Public Comment
Maggie Rice, in response to Councilwoman Mackey' s comments
(beginning of meeting) regarding the issue of trees, ex-
pressed that she feels the current ordinance is OK and would
like to see it enforced rather than a new one (with more re-
strictions) adopted; sometimes, it' s to the best interest of
both the tree and the business to remove a tree.
MOTION: By Councilman Molina that Council approve of Cycle 1,
1986, getting started (as outlined in staff report, with
the study area expansion requested by Councilwoman
Mackey) , seconded by Councilwoman Mackey; passed unani-
mously.
2. Adoption of California Environmental Quality Act (C.E.Q.A. )
Guidelines
Henry Engen gave staff report.
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Public Comment
Terrill Graham, 6205 Conejo, asked if the City is under State
guidelines (referring to tree removal issues) or are we auto-
nomous in the way those issues are handled? Mr . Engen res-
ponded that, in the area of trees, Planning staff operates
under the City' s own set of rules; in cases where an E.I.R.
(Environmental Impact Report) becomes necessary because of
tree removal issues, the process is clearly mandated by State
guidelines.
MOTION: By Councilman Handshy to adopt Res. No. 1-86, seconded
by Councilwoman Mackey; passed unanimously by roll-call
vote.
F. COMMUNITY FORUM
John Cole asked why the Community Forum was moved from the
beginning of the meetings to the end; he expressed that he
believes it might discourage people from attending Council
meetings because of the lateness of their opportunity for
input relating to non-agenda items. Mayor Nelson responded
that Council felt members of the audience who had items on
the agenda benefitted from having that business come first;
he invited Mr. Cole to request items for discussion, and
he'll put them on the agenda.
Mr. Cole asked if there was a permit issued to destroy the
oak tree at the new Best Western complex. Mr. Engen respond-
ed that Planning staff questioned the subject, and it was
added to the Planning Commission's last agenda and discussed;
Best Western developers indicated they were acting on the
advice of a landscape consultant, but it was not supposed to
be removed according to the site plan. Mr. Cole feels an
injustice was done to Mr . Vest when he was denied the request
to remove the sycamore tree (at Kentucky Fried Chicken) after
complying with the City appeal requirements. Mr. Cole pro-
poses that what's left of the tree at Best Western be left as
a symbol of growth in Atascadero.
Terrill Graham read a prepared statement, addressing several
issues of concern to him and expressing his negative feelings
regarding how Council has approached them.
Irene Bishop, resident on Serena Rd. , complained that she
could see only one Councilmember during the meeting, asking
that their individual lights be left on.
G. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council - Councilwoman Mackey has received citizens'
complaints regarding the proposed location of the new Post
Office, feeling that Council should make a concerted effort
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to offer a package at a different location; she also ex-
pressed residents' concerns about excessive speeders on
Portola & Santa Lucia Avenues.
Councilman Handshy commented on issues discussed at the Vi-
sion 2000 Conference, noting the four main economic growth
and management issues in the County, which were discussed at
length; S.L.O. County is expected to grow by over 66% during
the next 14 years. A report should be forthcoming (in Feb-
ruary) based on the expressed concerns of attendants at the
conference representing the various cities in the County.
Mike Shelton, City Manager, highlighted the items which will
be discussed at public hearing relating to Item #ll of the
Consent Calendar, (1) proposing a 2-hour parking limit on El
Camino Real, and (2) eliminating parking of vehicles of 6'
and over in height within 100 ' of intersections.
MEETING ADJOURNED AT 10:30 P.M. TO A CLOSED SESSION TO DISCUSS
LITIGATION IN THE CASE OFJACKSONVS. CITY OF ATASCADERO, BARRETT
VS. CITY OF ATASCADERO AND PROPERTY ACQUISITIONFROMTHE COUNTY
OF S.L.O.
COUNCIL ADJOURNED TO JAN. 23, 1986 AT 7 :,30 P.M. FOR A SPECIAL
JOINT STUDY SESSION WITH THE DEVELOPMENT FEE AD HOC COMMITTEE,
WHICH IS OPEN TO THE PUBLIC;
MEETING ADJOURNED TO JAN. 27, 1986 AT 6 :30 P.M. FOR A SPECIAL
STUDY SESSION (PRIOR TO NEXT REGULAR COUNCIL MEETING) FOR
MID-YEAR BUDGET REVIEW, WHICH IS OPEN TO THE PUBLIC.
RECORDED? Y-.
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ROBERT M. JONES, City Clerk
PREPARES BY:
CINDY WILKINS, Dep. City Clerk
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