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HomeMy WebLinkAboutMinutes 051286VOW APPROVED, AS WRITTEN, BY MINUTES - ATASCADERO CITY COUNCIL COUNCIL 6/9/86) Regular Meeting, May 12, 1986, 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, followed by the Pledge of Allegiance. ROLL CALL Present: Councilmembers Handshy, Mackey, Norris and Mayor Nelson Absent Councilman Molina (Unavoidable business reasons) STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director; Robert Jones, City Attorney/City Clerk; Henry Engen, Commun- ity Development Director; Paul Sensibaugh, Public Works Director; Bob Best, Recreation Director; Lt. Chuck Hazelton, Police Department; Cindy Wilkins, Deputy City Clerk. COUNCIL/STAFF COMMENTS Councilwoman Mackey asked that the Kankiewicz request (11145 Viejo Camino, GPA 1D-86 & Zone Change 4-86) be reconsidered sometime, feeling that the zoning and how large the sewer needs would be should be determined before the Bordeaux Project gets on line. Mr. Engen proposed that the Kankiewicz property be included in a study area cov- ering current Gen. Plan applications, between the Urban Service Line and the City Limits, and there could be a future public hearing after an EIR is prepared to review possibilities for other uses. Mayor Nelson announced that Council met in closed session prior to tonight' s meeting to discuss property acquisition. Mayor Nelson read three proclamations Proclaiming May 14, 1986 , as "Day of the Teacher" Proclaiming May 18-24, 1986, as "California Traffic Safety Week" Proclaiming May 11-17, 1986, as "National Police Week" and Thurs- day, May 15th, as "Atascadero Loves its Cops Day" A. CONSENT CALENDAR Mayor Nelson announced that Items A-5 & A-6 are moved to Public Hearing, Items B-4 & B-5; also, A-8 should read "Support Staff Recommendations Regarding San Luis Obispo County Solid Waste Manage- ment Plan - Preliminary Draft" 1 Councilman Handshy noted, regarding the Minutes of 4/28/86 , p. 6, that the second motion is incomplete and should be amended to reflect that it was seconded by Councilwoman Norris and failed by 2:2 roll-call, with Councilwoman Mackey and Mayor Nelson voting NO, and Councilman Molina absent. Councilwoman Mackey requested Item A-3 be pulled for separate discus- sion. 1. Approval of Minutes of the Regular Council Meeting of April 28, 1986 2. Lot Line Adjustment 1-86 - 8305 Coromar Rd. - Molina/Twin Cities Engineering 3. Tentative Tract Map 3-86 - 5550 Traffic Way - Mulholland/Twin Cities Engineering 4. Tentative Parcel Map 8-86 - 8460 Morro Rd. - Heely/Moore 5. * See Item B-4 6. * See Item B-5 7. Acceptance of Final Parcel Map 34-85 - 10420 San Marcos (Bressler/ Twin Cities Engineering 8. Support Staff Recommendations Regarding San Luis Obispo County Solid Waste Management Plan - Preliminary Draft (**) MOTION: By Councilman Handshy to approve Items Al-8, deleting Items A-3, 5 & 6, seconded by Councilwoman Mackey; passed unani- mously, with Councilman Molina absent. Discussion on Item A-3 (related to liability for damage to condomini- ums as result of unstable property conditions) . MOTION: By Councilman Handshy to accept staff recommendations, sec- onded by Councilwoman Norris; passed by 3 1 roll-call vote, with Councilwoman Mackey voting NO and Councilman Molina ab- sent. B. HEARINGS, APPEARANCES AND REPORTS 1. Proposed General Plan Amendment 2J-85 and Zone Change 5-85 - City of Atascadero-Initiated (Cont'd from 4/28/86) a. Proposed Resolution No. 45-85 Amending the General Plan text and General Plan Map Land Use Element pertaining to the establishment of high-density single family (10, 000 square foot) land use designation 2 b. Proposed Ordinance 110 Amending the Zoning Ordinance text relative to the establish- ment of a "W" suffix for 10, 000 square foot minimum residential lots in the LSF and RSF Zoning Districts (FIRST READING) 2. General Plan Amendment 1J-86 and Zoning Map Amendments (Zone Change 10-86) Designating Specific Areas for 10 ,000 Square Foot Lots (Cont'd from 4/28/86) a. STUDY AREA "A" (MORRO FLATS AREA) 1. Proposed Res. No 39-86 2. Proposed Ord. No. 126 b. STUDY AREA "B" (PALOMAR/ARCADE ROAD AREA) : 1 Proposed Res. No. 40-86 2. Proposed Ord. No. 127 c. STUDY AREA "C" (FRESNO/TUNITAS ROAD AREA) d. STUDY AREA "D" (LAS LOMAS AREA) 1. Proposed Res. No. 42-86 2. Proposed Ord. No. 128 e. 9240 ATASCADERO ROAD (Mayor Nelson announced this item post- poned to meeting of 5/27 at applicant' s request) : 1. Proposed Res. No. 43-86 2. Proposed Ord. No. 129 City Attorney, Robert Jones, explained the effect of the voting on this issue from the last Council meeting and summarized the alterna- tives before Council: (1) Do nothing, which would let the prior deci- sion of denial stand; (2) approve another continuance to the meeting of 5/27 for full Council consideration, and (3) approve reconsidera- tion of the matter , which would require another fully noticed public hearing.Mr . Jones recommended that Council concur with recommenda- tion #1, based on Council' s previous suggestion (s) for an over-all General Plan review. Each Councilmember expressed opinion on the matter at Mayor Nelson' s request. Mayor Nelson announced that this appears to be a dead issue at this time; however , he offered to take public testimony. Public Comment Steve Devencenzi, representing one of the applicants (Petersons/Study Area B) , asked what happens to his client' s funds and efforts related to this request. Mr. Engen responded that applications affected by Council' s decision would fall into the category of "denied without prejudice" and would be included in the General Plan update process; applicants would not be required to pay fees again for reconsidera- tion. Mr. Devencenzi favors a continuance on this issue by Council. 3 low r0 Bob Clark, resident in Study Area C, suggested the issue be put on the ballot for decision by the people. Council responded its possible to include it on the ballot for the November General Election. John Bunyea, 8942 Palomar, expressed dissent at the way this issue has been "dragged out" . Brad Davis, 4470 Sycamore, expressed concern for the provision of affordable housing and asked Council to consider the young people of Atascadero; he ' s concerned his employees may be forced to move. Lydia Kellerman, resident on Honda (Study Area C) , spoke in opposition to allowing for additional units in the Tunitas/Bajada area; she ex- pressed the residents' dissent with the minimal landscaping around a large apartment building located on lot 7-7a. Mr . Engen was requested by Council to review the CC & R' s on that project to verify compliance with the landscaping requirements. Bob Clark spoke again, noting that he counted 50 mailboxes on Tunitas tonight (claims that equals approx. 150 people living in the 3.2 mi area) ; he spoke in opposition to more density on Tunitas or Bajada. Art Jazwiecki expressed disagreement with some of the zoning informa- tion relayed by Mrs. Kellerman. Mayor Nelson clarified, at Mr. Bunyea' s request, that the 10,000 sq. ft. zoning designation was included in the Housing Element of the General Plan to provide affordable (or optional) housing to all seg- ments of income in different areas of the community. Michael Lane, Fresno St. , spoke in favor of increasing housing lots by looking at the multiple unit zones in the City and not considering breaking down existing neighborhoods further . MOTION: By Councilman Handshy that Council accept City Attorney' s recommendation (to let prior decision stand) , seconded by Councilwoman Mackey; passed unanimously, with Councilman Mo- lina absent. 3. Proposed Zone Change 11-86 - 9955 El Camino Real - Goldie Wilson/ Ron Poulin - Revising Existing Commercial Tourist Zoning to Com- mercial Retail - Proposed Ord. No. 131 (FIRST READING) Henry Engen, Commun. Devel. Dir. , gave staff report. Public Comment Ron Poulin, 1916 Creston Rd. , Paso Robles, urged Council support of this request based on unanimous favorable decision by Planning Commis- sion. Maggie Rice, Chamber of Commerce, spoke in support of this request, although she shares concerns expressed by Councilman Handshy relating to the need for maintaining the central business district. 4 u Mayor Nelson expressed the necessity for traffic study in the area. MOTION By Councilman Handshy to read Ord. 131 by title only, seconded by Councilwoman Mackey; passed unanimously, with Councilman Molina absent. Mayor Nelson read Ord. 131 by title. MOTION: By Councilman Handshy that this constitutes the first reading of Ord. 131, seconded by Councilwoman Mackey; passed unani- mously, with Councilman Molina absent. Second reading will be at Council meeting of 5/27/86. Note The following two items, B-4 & B-5, were moved from the Consent Calendar to this portion of the agenda. ) 4. Vacating Public Utilities Easement at 6905 E1 Camino Real (El Camino Associates ) - Proposed Resolution 45-86 Henry Engen, Commun. Devel. Director , gave staff report. No public comment. MOTION: By Councilwoman Mackey to approve Res. No. 45-86, seconded by Councilwoman Norris; passed 4 0 by roll-call vote, with Coun- cilman Molina absent. 5. Vacating Public Utilities Easement at 8793 Plata Lane (Azerkan) - Proposed Resolution 44-86 Henry Engen, Commun. Devel. Director, gave staff report. No public comment. MOTION: By Councilwoman Norris to approve Res. No. 44-86, seconded by Councilman Handshy; passed 4:0 by roll-call vote, with Coun- cilman Molina absent. C. UNFINISHED BUSINESS 1. Proposed Zone Change 2G-85 - Revising the Zoning Map from RSF-Y, Residential Single Family (one acre minimum with sewer) to RSF-X, Residential Single Family (1/2 acre minimum with sewer) - Coromar Road Area (City-Initiated/Lopus) - Proposed Ordinance No. 124 SECOND READING) (Cont'd from 4/28/86) Henry Engen, Commun. Devel. Director, gave staff report. No public comment MOTION By Councilwoman Norris to read Ord. No. 124 by title only, seconded by Councilman Handshy; passed unanimously, with Councilman Molina absent. Mayor Nelson read Ord. 124 by 5 title. MOTION: By Councilwoman Norris that this constitutes the second reading and adoption of Ord. 124, seconded by Councilman Handshy; passed 3 1 by roll-call vote, with Councilwoman Mackey voting NO and Councilman Molina absent. 2. Mayor to Enter Agreement with Architectural Firm of Ross, Levin and MacIntyre - Police Facility (Cont'd from 4/14/86) Mike Shelton, City Manager, gave staff report (Chief McHale out of town) . Mr. Rod Levin, representing Ross, Levin & MacIntyre, responded to Council questions relating to the programming for the project i.e. , setting the criteria as to how the building is designed to meet the needs and design of the community) . Public Comment Debra Kankiewicz, 11455 Viejo Camino, asked Mr . Levin what the esti- mated cost of blueprints for the facility is; Mr. Shelton responded that it will be 7% of the value of the project, as indicated in the architect' s proposal, which is a standard fee. In response to concerns expressed by Councilman Handshy relating to deficit spending, David Jorgensen, Admin. Services Director , reviewed some of the financing plans for the police facility, in addition to comments by Mr . Shelton. MOTION By Councilman Handshy to enter into agreement with Ross, Levin & MacIntyre in the amount of $13 ,650 for Phase I, sec- onded by Councilwoman Mackey; passed 3 :1, with Councilwoman Norris voicing NO and Councilman Molina absent. Robert Jones, City Clerk, requested the vote be by roll-call. Councilman Handshy withdrew his motion. MOTION By Councilwoman Mackey to adopt the funding for Phase I , 13,650, for Programming & Site Analysis, seconded by Mayor Nelson; failed 2:2 by roll-call vote, with Councilmembers Handshy and Norris voting NO and Councilman Molina absent. Councilman Handshy expressed his desire for Council to hold a special work study session on this project and its relation to other budget issues. D. NEW BUSINESS 1. Discussion - Reappointment of Recreation Commission Vacant Positions (Effective 7/86) 6 W Bob Best, Director of Parks & Recreation, gave staff report. No public comment. MOTION By Councilman Handshy to accept staff recommendations, seconded by Councilwoman Mackey; passed unanimously, with Councilman Molina absent. 2. Proposed Lease Agreement with Richard Oswald for : A. City Concession - Scribner ' s Snack Bar - Atascadero Lake Park B. City Concession - Pop' s Tackle Shop - Atascadero Lake Park Bob Best, Director of Parks & Recreation, gave staff report. Councilwoman Mackey expressed that she feels it would be in the City' s best interest to require $1 million liability insurance for lakeside facilities; Robert Jones, City Attorney, made comments in response to those concerns. Public Comment Bob Clark, resident, asked if it's possible for the lessee to operate under one policy combining both concessions; staff responded no. MOTION: By Councilman Handshy to approve staff recommendation to approve both use permits, seconded by Councilwoman Norris; passed unanimously, with Councilman Molina absent. Note: There is no Item D-3. ) 4. Proposed Dial-A-Ride Services for 1986-87 by Community Transit Services Paul Sensibaugh, Public Works Director, gave staff report. Council consented to ask Mr. Sensibaugh to bring back a report propos- ing a taxi service for review of options. No public comment. MOTION: By Councilman Handshy to accept staff recommendations and renew Dial-A-Ride Contract, seconded by Councilwoman Mackey; passed unanimously, with Councilman Molina absent. 5. Proposed Ordinance 130 - Declaring a Need for a Redevelopment Agency (FIRST READING) Mike Shelton, City Manager, gave staff report. 7 low 1, Public Comment Maggie Rice, Exec. Mgr. of Atas. Chamber of Commerce, spoke of the Chamber ' s Board of Directors having voted in unanimous support of the concept of a redevelopment agency, making note of the recent formation of the BIA as an "important first step" . Bonita Borgeson, 4780 Del Rio Rd. , spoke in opposition to this propos- al and feels such a large decision warrants further study, encouraging Council to keep the public fully informed of the process. Jaime Lopez-Balbontin, downtown businessperson, spoke in support of this concept with the understanding that its purpose is to fund im- provements that the business owners cannot themselves afford to make. MOTION: By Councilwoman Mackey to read Ord. 130 by title only, seconded by Councilwoman Norris; passed unanimously, with Councilman Molina absent. Mayor Nelson read Ord. 130 by title. MOTION By Councilman Handshy that this constitutes the first reading of Ord. 130 , seconded by Councilwoman Mackey; passed unani- mously, with Councilman Molina absent. Second reading will be at the Council meeting of 5/27/86. 6. Proposed Revised Bid Procedures - Uniform Construction Cost Ac- counting - Proposed Ord. No. 132 (FIRST READING) and Proposed Res. No. 46-86 Paul Sensibaugh, Public Works Director, gave staff report. No public comment. MOTION: By Councilman Handshy to read Ord. 132 by title only, seconded by Councilwoman Mackey; passed unanimously, with Councilman Molina absent. Mayor Nelson read Ord. 132 by ti- tle. MOTION: By Councilwoman Mackey that this constitutes the first reading of Ord. 132, seconded by Councilman Handshy; passed unanimously, with Councilman Molina absent. Second reading and consideration of Res. No. 46-86 will be at the Council meeting of 5/27/86. 7. Lewis Avenue Bridge Development Fee - Review by Task Force Paul Sensibaugh, Public Works Director , gave staff report. Councilman Handshy spoke in favor of discussion of this issue in a budget study session prior to decision by Council. 8 Public Comment Gaylan Little, one of the developers of Century Plaza, spoke in favor of the bridge project; however, he favors a more equitable reassess- ment of the fees which are heavy both at $1. 93 or $1. 63 per sq. ft. MOTION: By Councilwoman Mackey to agree with staff recommendations, seconded by Councilman Handshy; passed 3 :1, with Councilwoman Norris voicing NO and Councilman Molina absent. MOTION By Councilwoman Mackey that Council recess and convene as the Atas. County Sanitation District Board of Directors, seconded by Councilman Handshy; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Status Report and Recommendation for the Seperado/Cayucos Proposed Assessment Districts Paul Sensibaugh, Public Works Director, gave staff report, noting corrections to the Tentative Schedule in agenda packet: The two Neighborhood Meeting dates should be changed to May 20 & 22, 1986. Robert Jones, City Attorney, reported on the Bond Counsel recommenda- tion of Orrick, Herrington & Sutcliffe. No public comment. MOTION By Director Handshy to approve staff recommendations 1-4, seconded by Director Mackey; passed unanimously, with Director Molina absent. (Staff recommendations 5-7 to be decided at a later date) 2. Recommendation Regarding the Assessment District No. 3 (Marchant Way Sewer Extension) Bid Proposal Paul Sensibaugh, Public Works Director, gave staff report, suggesting staff re-advertise for bids on May 14, 21 and 28, receive bids on June 3, and award on June 9, 1986. No public comment. MOTION: By Director Handshy to accept staff recommendations, seconded by Director Norris; passed unanimously, with Director Molina absent. MOTION: By Director Mackey to adjourn as ACSD Board of Directors and reconvene as City Council, seconded by Director Norris; passed unanimously, with Director Molina absent. 9 00 vie F. COMMUNITY FORUM Lydia Kellerman, resident, suggests Council offer persons a choice to respond to comments made related to them by other persons. John Befumo, 7420 Atascadero Ave. , expressed his feeling relating to Planning Commission Public Hearing noticing procedures. Judy Maseus, 9080 Amapoa, expressed comments relating to the delay of issuance of her business license, as Atas. Police Dept. awaiting the return of the set of fingerprints submitted to the Dept. of Justice. Mayor Nelson director Ms. Maseus to contact the City Manager to dis- cuss the issue. Council recommended staff bring back necessary resolutions in support of various ballot propositions affecting cities. G. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Norris announced that Nurse of the Year for SLO County will be announced May 30th, and she hopes Council will invite that individual here to receive recognition. City Clerk - Robert Jones announced the next Council meeting will be held on Tues. , 5/27/86, due to Memorial Day Holiday on Mon. , 5/26. City Manager - Mike Shelton reminded Council of scheduled breakfast with State Assemblyman Eric Seastrand at Hoover ' s Hacienda, 8:00 a.m. this Friday, May 16th Mr . Shelton reported briefly on the status of the City Council sub- committee meeting with the School District sub-committee regarding the Lewis Ave. Bridge fees. MEETING ADJOURNED AT 10 55 P.M. TO TUESDAY, MAY 27 , 1986. RECORD FD l V_/ ROBERT M. JONES, City Clerk PREPARED BY CINDY WILKINS, Deputy City Clerk 10