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HomeMy WebLinkAboutMinutes 041486DA MINUTES - ATASCADERO CITY COUNCIL MINUTFS APPROVED, AS Regular Meeting, April 14, 1986, 7 : 30 p.m. WRITTEN, BY COUNCIL Atascadero Administration Building 4/28/86) 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 & Mayor Nelson. Absent: None STAFF Mike Shelton, City Manager ; Robert Jones, City Atty./City Clerk; Mike Hicks, Fire Chief; Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director ; Bob Best, Recreation Director ; Cindy Wilkins, Deputy City Clerk. COUNCIL/STAFF COMMENTS Mayor Nelson proclaimed the Month of April as Child Abuse and Neglect Prevention Month. Councilwoman Mackey relayed that Gary Mulholland had phoned her today and indicated that he may not have removed trees illegally, as previ- ously thought by staff. Mayor Nelson announced that, prior to meeting, Council had interviewed five applicants to one vacancy on the City Planning Commission and one applicant to three vacancies on the Bldg. & Construction Board of Ap- peals (three members whose terms expired all expressed desire to be reappointed) . A. CONSENT CALENDAR Note: Paul Sensibaugh, Public Works Director , announced that Item #4 should be corrected to reflect the establishment of a stop sign on San Fernando Road at Monterey Road, not at Del Rio (*) . 1 Minutes of the Regular Council Meeting of March 24, 1986 2. Authorization for Mayor to Enter into Agreement with County of San Luis Obispo for Alternate Work Program 3. Resolution No. 35-86 - Prohibiting Parking on South Side of Solano at El Camino, Extending Easterly 4. Resolution No. 34-86 - Establishing a Stop Sign on San Fernando Rd. at Monterey Rd. (*) COUNCIL MINUTES - 4 /86 PAGE TWO 5. Resolution No. 33-86 - Establishing Left Through and Right Only Lanes at Intersection of Curbaril and E1 Camino Real 6. Award of Bid #86-37 - Herbicide Spraying at Various Locations - Satellite Extermination Company 7. Acknowledgement of Administrative Policy on Distribution of Commercial Literature to City Employees 8. Authorization to Enter into Agreement with Communication Resour- ces Corporation for Telephone Consultant Services 9. Acceptance of Final Lot Line Adjustment 3-85 - 12650 San Cayetano Charnley/Twin Cities Engineering 10. Acceptance of Final Lot Line Adjustment 16-85 - 7125 Sycamore - Vaughn/Cuesta Engineering 11. Acceptance of Final Lot Line Adjustment 13-84 - 14405 Santa Lucia Tenneco Realty Dvmt/Cuesta Engineering 12. Authorization to Sell Unclaimed Property by Police Department MOTION: By Councilwoman Norris to approve Consent Calendar Items 1-12, seconded by Councilman Handshy; passed unanimously by roll-call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal by Gary Mulholland of Planning Commission Requirement of 10-foot Sidewalk - RMF/16 Project - 5550 Traffic Way Henry Engen, Commun. Develop. Director, gave staff report. Public Comment Gary Mulholland, applicant, stated he is prepared to withdraw his ap- peal, as he tends to agree with the staff report; he said his main concern on filing an appeal was his desire to see the City set a stan- dard on Traffic Way which would be of benefit to all. Jack Cowden expressed that he feels the concept of a 6 ' sidewalk and room for a bike path adheres to the CalTrans recommendations more than a 10 ' sidewalk, and he 'd like to see more bike paths in general Dave Dingman, resident of property adjacent to that in question and teacher at Lewis Ave. School, supports the idea of a 10 ' sidewalk and feels the sidewalk is very hazardous in its current condition; he said 62% of the Lewis Ave. students use Traffic Way in some way every day, with over 100 students either walking or biking along it daily. He feels we should do whatever we can to provide more sidewalks on main arterial streets where there is heavy pedestrian and industrial traf- fic. COUNCIL MINUTES - X14/ 86 PAGE THREE MOTION: By Councilwoman Mackey to deny the appeal, urge a 10 ' side- walk and direct staff to bring back a sidewalk standard in the future; motion seconded by Councilman Handshy. Passed by 3:2 vote, with Councilmembers Molina and Norris voicing NO. 2 Proposed General Plan Amendment 1A-86 and Zone Change 1A-86 - 1800 E1 Camino Real - Leonard Brazzi A. Proposed Res. No 29-86 - Amending General Plan from Single Family Suburban Residential to Retail Commercial B. Proposed Ord. 122 - Amending Atascadero Zoning Maps from Residential Suburban to Commercial Retail (FIRST READING) Henry Engen, Commun. Devel. Director, gave staff report. Public Comment Leonard Brazzi, applicant, spoke in support of the GPA request. Rocky Russell, 5560 San Jacinto, urged Council to support this request for zone change, asking Council to realize that the subject property is bordered on both sides by commercial property. Mr . Engen responded that, although there are some commercial uses in the area, the south side of the property is zoned residential and is developing right now. After Council discussion, Mr. Engen suggested this request be "denied without prejudice" and sent back to the Planning Commission, with the suggestion that it be a special study area and included in the current General Plan Cycle. Mr. Engen explained the concept of denial without prejudice, whereby it' s recognized that there might be a better land use category for the area, but it might be better to study the entire area, between El Camino and the freeway, on down to where the single- family zoning ends; through public hearings before the Planning Com- mission, a recommendation would be developed and the item would come back to the Council. Mr . Brazzi would not have to reapply for a zone change nor pay another fee in order to be reconsidered. Council responded that they concur with Mr . Engen' s suggestion and look forward to further study and future recommendation. MOTION: By Councilman Molina that this request be denied without prejudice, seconded by Councilwoman Mackey; passed 4 1, with Councilwoman Norris voicing NO. 3. Proposed General Plan Amendment 1F-86 and Zone Change 6-86 , 4155 Carizzo Road - Jaime Lopez-Balbontin A. Proposed Res. No. 30-86 - Amending General Plan from Single- Family Suburban Residential to Moderate Density Single-Family COUNCIL MINUTES - x,;.14/86 4w PAGE FOUR B Proposed Ord. 123 - Amending Atascadeo Zoning Maps from Resi- dential Suburban to Residential Single-Family, Medium Density FIRST READING) Henry Engen, Comm. Devel. Director, gave staff report. Public Comment Jaime Lopez-Balbontin, applicant, spoke in support of his GPA request. Hoyt Chambless, 4200 Carizzo (directly across the street from subject property) , spoke in opposition to the Planning Commission' s recommendation to approve the GPA request, feeling it may open the door for other such requests and that an environmental report is in order. Leonard Johnson, 4100 Carizzo (across the street from subject prop- erty) , complained about the owner ' s negligence of abating the weeds on the property and about the calves eating his roses. Jaime Lopez-Balbontin spoke again, noting that when he applied for the GPA, a staff member commented that it looked like a logical request, and it was on this advise that he applied for the zone change Mr. Engen explained the formula used for zoning the suburban single- family category, such as is the property in question. MOTION By Councilman Molina to deny this application without prejudice and include it in the next General Plan change, seconded by Councilwoman Mackey; passed 4:1, with Council- woman Norris voicing NO. (see Item B-2 for explanation of denial without prejudice" . ) 4. Pavilion Committee Report on Status and Policy Position of Committee (Request by Mike Arrambide - Verbal) Mike Arrambide, President of Atas. Improvement Corporation, gave ver- bal report, clarifying the Corporation' s intent and purpose of the Atas. Lake Pavilion Project (its first project) , which is to see that the need for a community center is met through the renovation of the Lake Pavilion. Their goal is to facilitate community participation in order to minimize funds necessary to be provided by the City. So far, the Corporation has raised over $30 ,000 toward the renovation of the facility. Mr . Arrambide summarized the status of construction at this time, and urged that the City do its share to complete the project. Mr. Shelton noted that the project will be at issue in the upcoming budget process. Councilman Molina suggests it be put in the Parks & Recreation Capital Improvement Budget. Mr. Arrambide noted the major importance of repairing the footings on the lake side of the structure, which have suffered extensive erosion. Mayor Nelson directed Mr . Arrambide to contact Paul Sensibaugh, Public Works to discuss the problem. COUNCIL MINUTES - X4/86 14W PAGE FIVE Mr. Shelton asked if the Corporation looks forward to additional phas- es of participation after the Pavilion Project is complete (Phase I) ; Mr. Arrambide stated the committee would be willing to serve at the City' s pleasure and is totally open to their desires. C. UNFINISHED BUSINESS 1. Authorization to Enter into Agreement with Ross, Levin and MacIntyre for Architectural Services for Police Facility and Es- tablishing Design Perimeters Mike Shelton, City Mgr. , reported that he and Councilmen Handshy and Molina met with County representatives today and discussed some Coun- ty-owned properties located in Atascadero and continue to negotiate with them; he feels it is appropriate for Council to continue to delay a decision on this item until a more firm understanding is achieved as to possibilities that may open up. MOTION: By Councilwoman Mackey to table this item until it is brought back as an agenda item, seconded by Councilman Molina; passed unanimously. 2. A. Proposed Res. 36-86 - Appointment of Planning Commission Vacancy (1 vacancy) ) B. Proposed Res. 37-86 - Appointments to Building and Construc- tion Board of Appeals Ballots prepared by the City Clerk' s Office were passed out to Councilmembers for selection of Board and Commission members. Mayor Nelson noted that Randall G. Young should be crossed off (did not interview) .Council marked their ballots and returned them to City Clerk for vote count. Robert Jones, City Clerk, announced that John Edens, Kenneth Lerno and David Walters have been selected for appointment to the Board of Ap- peals (all are ' incumbents' , having served during the previous term) . A second vote was taken due to a tie vote between Fernando C. Ebhardt and Marjorie Kidwell; after Council vote, Mr . Jones announced the sel- ection of Marjorie Kidwell to the vacancy on the Planning Commission. MOTION By Councilman Handshy to appoint Marjorie Kidwell to the Planning Commission by adoption of Res. No. 36-86 , and to appoint John Edens, Kenneth Lerno and David Walters to the Board of Appeals by adoption of Res. No. 37-86 , seconded by Councilman Molina; passed unanimously by roll-call vote. Mayor Nelson thanked all who applied and interviewed and encouraged them to apply to future vacancies. COUNCIL RECESSED FOR A FIVE-MINUTE BREAK AT 9 05 P.M. COUNCIL MINUTES - NW 14/86 View PAGE SIX D. NEW BUSINESS 1. Report by Staff on Formation of Central Business District Redevelopment Agency Mike Shelton, City Manager, gave staff report, explaining the process of formulating and activating a redevelopment agency, which are required in all cities by California State law. MOTION: By Councilman Molina to accept recommendations outlined by Mr. Shelton, seconded by Councilman Handshy; passed unani- mously. 2. Discussion Regarding Proposed Breakfast Meeting with State Assemblyman Eric Seastrand - 8:00 a.m. , May 15, 1986 (Verbal) Council concurred with the proposed date and time. 3 Proposed Res. 28-86 - Authorizing New Position of Sr. Building Inspector Henry Engen, Comm. Development Director, gave staff report. Public Comment Arthur Jazwiecki, resident, spoke in favor of waiting until July 1, when new fees are in place, before hiring a full-time employee. MOTION By Councilman Molina to approve Res. No. 28-86, seconded by Councilwoman Mackey; passed by 3: 2 roll-call vote, with Councilmembers Handshy and Norris voting NO. 4. Acquisition of Property on Morro Road Adjoining Atascadero Lake Property Bob Best, Director of Parks & Recreation, gave staff report. He noted that the appraiser was unable to locate any other properties which were zoned the same (other properties with which the Messer property was compared were zoned either Commercial Professional or Commercial Retail, where the Messer property is zoned for Recreation) and that he relied on his personal judgement to arrive at the appraisal figure. Robert Jones, City Attorney, noted that the only appraisal figure used as a comparison was that paid for this same lot by Mr . Messer in 1985, 42,000 , which may not make for an accurate appraisal; that figure, however , was below market value at the time of purchase. The proposed agreement would have Mr. Messer paying for all the costs of sale if Council desires, which would be in fitting with the $50 ,000 that would be appropriated for the sale. COUNCIL MINUTES - '14/86 PAGE SEVEN 14W 14W No public comment. MOTION By Councilman Molina to adopt Res. No. 32-86, seconded by Councilwoman Mackey; passed unanimously by roll-call vote. 5. Appointment of Alternate Representative to San Luis Obispo County and Cities Planning and Coordinating Council Mayor Nelson announced that Councilman Molina is appointed as the alternate. MOTION By Councilwoman Mackey to recess as Council and convene as the Atas. County Sanitation District Board of Directors, seconded by Councilman Molina; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Authorization for Public Works Director to Advertise for Bids for Assessment District Number 3 - Marchant Way Sewer Extension Paul Sensibaugh, Public Works Director , gave staff report; he noted that he is allowing the use of PVC pipe for sewer pipe, which is al- lowed in the County standards adopted by Atascadero. No public comment. MOTION: By Director Molina to authorize solicitation for bids on this project, seconded by Director Handshy; passed unanimously. MOTION By Director Handshy to adjourn as ACSD Board of Directors and reconvene as City Council, seconded by Director Mackey; passed unanimously. F. COMMUNITY FORUM Art Jazwiecki, resident, asked Mike Shelton, City Mgr . , if the devel- opment fees are clearly to be set aside for specific purposes, and how will the monies be regulated, to which Mr . Shelton responded. Coun- cilman Molina urged Mr Jazwiecki to meet with Mr . Shelton so that he can be enlightened as to the limitations specified by Propositions 4 and 13. Irene Bishop, Serena Rd. , complained that the speaker system makes it very difficult to understand what' s being said, and she suggests the City study the possibility of changing it. Paul Sensibaugh, Public Works Director, responded that an acoustical engineer is coming to look at the Lower Rotunda next Monday, and he' ll have him look at this room as well. Ms. Bishop expressed that she feels this is still the best room to hold public meetings in COUNCIL MINUTES - 14/86 low PAGE EIGHT Bonita Borgeson, resident and Council candidate, asked for an explanation on Consent Calendar Item #7, to which Mr . Shelton responded. Mrs. Borgeson commented that she felt it was poor judgement to allow the recent distribution of brochures due to Councilman Molina' s interest in the merchant. G. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Mackey, in view of her learning that 82 new apartment units are in process, asked for a moratorium on all multi-family units not already in process. Robert Jones, City At- torney, said he ' s familiar with the statute by which a moratorium can be imposed and will make it available to Councilwoman Mackey by next meeting. Councilman Molina suggests, as he has repeatedly, that an over-all, concise look at the General Plan is necessary, and that all Gen. Plan change decisions be held in abeyance until after such a review has been accomplished Henry Engen, Commun. Devel. Director , said staff has asked for a budget appropriation, in the next fiscal year ' s budget, for looking at the Gen. Plan, based on a consensus at the recent joint Council/ Planning Commission meeting for the necessity for such a review. Mr. Engen said staff could bring back a priority list for Council review. Mike Borgeson, resident, commented that he feels Councilwoman Mackey is looking for a slow-down in multi-family development, not a stop- page in asking for a moratorium. Art Jazwiecki, 18-year resident, responded to Mr. Borgeson' s com- ments, urging the Council not to be afraid of the future, feeling density has been cut down considerably and that twice as many units as there are now could have been built. City Manager - Mike Shelton asked that Council adjourn to a closed session to discuss potential property acquisition from the County of San Luis Obispo. MEETING ADJOURNED AT 10:15 P.M. TO A CLOSED SESSION TO DISCUSS POTEN- TIAL PROPERTY ACQUISITION FROM THE COUNTY AND TO A SPECIAL MEETING FOR THE PURPOSE OF FISCAL REVIEW AND 1986/87 BUDGET SESSION ON APRIL 21, 1986, AT 7 :00 P.M. IN ROOM 306. RECORDED BY PREPARED BY Z ROBERT M. JONES, City Clerk CINDY WILKINS, Dep City Clerk