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Home My WebLink AboutMinutes 071486 E i NOTE: THERE WILL E AN OPEN COUNCIL SESSION AT 6 00 P.M , FOURTH FLOOR CLUB Zp=OM FOR INTERVIEWS OF PARKS AND RECREATION APPLICANTS A G E N D A rt ATASCADERO CITY COUNCIL Regular Meeting ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM July 14 , 1986 7 30 P.M. ** ALL COUNCIL MEMBERS, STAFF MEMBERS AND CITIZENS ARE REMINDED ** PLEASE SPEAK DIRECTLY INTO THE MICROPHONE Call to Order Pledge of Allegiance Invocation Roll Call City Council Comments Community Forum - (Only 15 minutes will be allowed for Community Forum at the beginning of the agenda. Citizens are requested to keep remarks under 5 minutes, and that a speaker person speak in behalf of groups. ** Proclamation - Future Farmers of America Judging Event in Scotland A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar , are considered to be rclztine, and will be enacted by one motion in the form listed below. There will be nc, separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and considered separately. Vote may be roll call 1 Approval of Minutes of the Regular Council Meeting of June 23, 1980 2. Recognition of City Employee of the Month for June - David Crouch 1. 82 3. Approval of Proposed Resolution-7-0-86 - Agreement Amendment to Extend Agreement Expiration Date to June 30 , 1987 with the California Mens Colony 4. Approval of Formation of the Following Proposed Street Maintenance Districts A Proposed Resolution 76-86 - Formation of Maintenance District - Falda Road B. Proposed Resolution 77-86 - Formation of a Maintenance District - Pinal/Escarpa Roads C. Proposed Resolution 78-86 - Formation of a Maintenance District - Aguila Street D. Proposed Resolution 79-86 - Formation of a Maintenance District - Cayucos Avenue 5 Approval of Annual Assessment Rate Imposed on Existing Street Maintenance Districts for Maintenance Proposed During 1986-87 A Proposed Resolution 72-86 - Establishment of Annual Assessment for Maintenance District 83-1, Lobos Avenue B Proposed Resolution 73-86 - Establishment of Annual Assessment for Maintenance District 84-1, San Fernando Road C. Proposed Resolution 74-86 - Establishment of Annual Assessment for Maintenance District 83-3 , Maleza Avenue D. Proposed Resolution 75-86 - Establishment of Annual Assessment for Maintenance District 83-2, Sonora/final Avenues 6. Approval of Proposed Resolution 80-86 - Authorizing Mayor to Ratify 1986-87 San Luis Obispo Area Coordinating Council Joint Power Authority Agreement 7. Approval of Tentative Parcel Map 15-86 - 12040/12100 San Marcos Road - Subdivision of 13.47 Acres into 3 Lots of 4. 45, 4. 45, and 4. 57 Acres Each 8 Approval of Lot Line Adjustment 3-86 - 5350 San Benito Road - Adjust Lot Lines Between 2 Existing Lots - Levesque/Volbrecht Surveys B. NEW BUSINESS 1. Improvement District Number 4 , Separado/Cayucos Assessment District 2 A Proposed Resolution 66-86 - Determining that the Construction of Sanitary Sewer Improvements is Necessary as a Health Measure 67 B �1. Proposed Resolution-6-6-86 - Undertake Proceedings to Issue Bonds for Improvement District 68 C B'. Proposed-&r L-86 - Appointment of an Engineer 69 D Proposed Resolution-08-86 - Approving Map of Proposed Boundaries of Assessment District 70 E 16. Proposed Resolution-fig-86 - Approving Resolution of Intention 2. Proposed Resolution 71-86 - council Appointment of Park and Recreation Commissioners 3. Review of Council Member Representation on Committees 4. Political Signage Standards and Regulations Report 5. Fiscal Year 1985-86 Status Report - 12 Month Status Report Verbal 6. Presentation and Overview of Fiscal year 1986-87 Proposed Budget Possible Reappointment Thereof - Verbal C. UNFINISHED BUSINESS 1 Proposed Ordinance 137 - Amendments to the Falcon Cable T.V. Franchise Agreement (SECOND READING) (Cont'd from 6/23/86) 2 Emergency Preparedness Ordinance and Resolutions A. Proposed Ordinance 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (SECOND READING) (Cont'd from 6/23/86) B. Proposed Resolution 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual Aid Agreement (Cont'd from 6/23/86) C Proposed Resolution 59-86 - Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen' s Compensation Benefits for Registered Volunteer "Disaster Service Workers" (Cont'd from 6/23/86) D COMMUNITY FORUM E. INDIVIDUAL DETERMINATION AND/OR ACTION 3 1. City Council 2 City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE MEETING IS ADJOURNED TO A CLOSED SESSION ON JULY 15, 1986 AT 6 00 P M. REGARDING LITIGATION AND PERSONNEL MATTERS 4 IT UA (APPROVED , AS WRITTEN, BY MINUTES - ATASCADERO CITY COUNCIL COUNCIL 7/28/86) Regular Meeting, July 14, 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 Mackey, followed by the Pledge of Allegiance. ROLL CALL Present: Councilmembers Borgeson, Handshy, Molina and Mayor Mackey Absent Councilwoman Norris (due to illness) STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director; Robert Jones, City Attorney; Boyd Sharitz, City Clerk; Mike Hicks, Fire Chief; Henry Engen, Community Development Director ; Paul Sensibaugh, Public Works Director; John Wallace, Contract Engineer ; Cindy Wilkins, Deputy City Clerk. COMMUNITY FORUM - No public comments. COUNCIL/STAFF COMMENTS Mayor Mackey presented plaques to Atascadero Chapter Future Farmers of America members Darci Randall, Carrisa Wreden and Ron Flaharty, Jr . , commending their numerous achievements this year in local, State, Na- tional and World livestock judging competition. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of June 23, 1986 2. Recognition of City Employee of the Month for June - David Crouch 3 Approval of Proposed Resolution 82-86 - Agreement Amendment to Extend Agreement Expiration Date to June 30, 1987 , with the Cali- fornia Men' s Colony 4. Approval of Formation of the Following Proposed Street Maintenance Districts A. Proposed Resolution 76-86 - Formation of a Maintenance Dis- trict - Falda Road B. Proposed Resolution 77-86 - Formation of a Maintenance Dis- trict - Pinal/Escarps Roads C. _Proposed Resolution 78-86 - Formation of a Maintenance Dis- trict - Aguila Street 1 D. Proposed Resolution 79-86 - Formation of a Maintenance Dis- trict - Cayucos Avenue 5. Approval of Annual Assessment Rate Imposed on Existing Street Maintenance Districts for Maintenance Proposed During 1986-87 A. Proposed Resolution 72-86 - Establishment of Annual Assess- ment for Maintenance District 83-1, Lobos Avenue B. Proposed Resolution 73-86 - Establishment of Annual Assess- ment for Maintenance District 84-1, San Fernando Road C. Proposed Resolution 74-86 - Establishment of Annual Assess- ment for Maintenance District 83-3, Maleza Avenue D. Proposed Resolution 75-86 - Establishment of Annual Assess- ment for Maintenance District 83-2, Sonora/Pinal Avenues 6. Approval of Proposed Resolution 80-86 - Authorizing Mayor to Ratify 1986-87 San Luis Obispo Area Coordinating Council Joint Power Authority Agreement 7 Approval of Tentative Parcel Map 15-86 - 12040/12100 San Marcos Road - Subdivision of 13. 47 Acres into 3 Lots of 4. 45, 4.45 and 4.57 Acres Each 8. Approval of Lot Line Adjustment 3-86 - 5350 San Benito Road - Adjust Lot Lines Between 2 Existing Lots - Levesque/Volbrecht Surveys Councilman Molina requested Item # ' s 4-B and 5-D, and Councilwoman Borgeson requested Item #7 be removed for separate discussion. At the request of the City Manager , Paul Sensibaugh, Public Works Director , clarified the action proposed in Item #4 is that Council adopt the four resolutions of intent to form maintenance districts MOTION: By Councilman Molina to approve Item # ' s 1-8, deleting # ' s 4-B, 5-D and 7 , seconded by Councilman Handshy; passed by 4 :0 roll-call, with Councilwoman Norris absent. Councilman Molina removed himself from vote on Item # ' s 4-B and 5-D due to possible conflict of interest. MOTION: By Councilman Handshy to approve Item # ' s 4-B and 5-D, sec- onded by Councilwoman Borgeson; passed 3 :0, with Councilman Molina not voting and Councilwoman Norris absent. At Councilwoman Borgeson' s request, Henry Engen, Commun. Development Director , responded to her concerns regarding the septic system on one of the lots and possible tree removals. MOTION By Councilman Handshy to approve Item #7 , seconded by Coun- cilwoman Borgeson; passed 4 0 , with Councilwoman Norris absent. 'rrr 2 N"101 NW B. NEW BUSINESS 1. Improvement District Number 4 , Separado/Cayucos Assessment Dis- trict A. Proposed Resolution 66-86 - Determining that the Construction of Sanitary Sewer Improvements is Necessary as a Health Measure B. Proposed Resolution 67-86 - Undertake Proceedings to Issue Bonds for Improvement District C. Proposed Resolution 68-86 - Appointment of an Engineer D. Proposed Resolution 69-86 - Approving Map of Proposed Boun- daries of Assessment District E. Proposed Resolution 70-86 - Approving Resolution of Inten- tion Public Comment Steve Rizzuto, 4532 Mananita Ave. , spoke in relation to the proposed district; he expressed that he supports the sewer improvements if they' re as necessary and widespread as it' s being indicated, urging the Council to proceed carefully on this issue and to determine if other alternative solutions exist. He asked Council not to vote on the resolution of intention to assess until their next meeting, to allow him the opportunity to speak to each Councilmember individually so they can relate mutually. Paul Sensibaugh, Pub. Works Director , gave staff report; he read a letter from nine representatives of the Property Owners Assn. , Areas C & E, addressing the issues of proposed sewer and assessment. He also read a letter, received just this evening, dated 7/4/86, from the Calif. Water Quality Control Board, Central Coast Region (RWQCB) , reiterating the necessity and adopted order for the City to make des- ignated sewer improvements. At Councilman Handshy' s request, Mr Sensibaugh reviewed the history of this issue, followed by discussion with Council of grant-seeking efforts and funding approaches. Public Comment Douglas Nix, resident in proposed assessment district, stated it' s likely he' ll lose his home and 25% interest if he' s forced to pay the proposed costs. Cynthia Perez, resident on Rosita, made comments similar to the previ- ous speaker. Mary Viegas, resident on Yerba, made comments similar to the previous two speakers, noting it would even be difficult for owners to sell their homes in the current situation (facing the proposed assess- ments) . 3 Noe Joseph Baranek, 9469 Santa Lucia (owns property in the proposed as- sessment district) , commented on the emotional and financial costs related to this proposal. James Christian, 4125 Arizona, expressed that he ' s not in a Cease & Desist area but has been included in the boundary of the proposed assessment district; he objects to possible assessment for a problem he does not contribute to. Rodney Bixby, 4595 Estrada, made comments similar to previous speakers relative to the financial burden that would be imposed on his family. He questioned the reduction in the proposed boundary area (re: proper- ties along Traffic Way excluded from an earlier map he reviewed) ; John Wallace, the City' s Contract Engineer , responded to his concern that the boundaries were altered at the Council' s request to minimize the district (to economize) , explaining the engineering approach to the area reduction. Mr . Sensibaugh made further responding comments, not- ing that names of property owners was not a consideration in reducing the area. Therese Ferris, 4592 San Jacinto, spoke of the difficulty of selling their home, effected by this situation. Leon Tice, resident on Separado, commented that the problem on his street results from water draining from the street above and behind Separado; he agrees with the idea of the sewage system, but opposes the costs. Nina Bunyea, who doesn' t reside in the proposed assessment area, com- plimented the City staff on the presentation and information at the meeting at the Jr. High, feels that it' s a homeowner ' s responsibili- ty to be informed about his property, reminded citizens that every homeowner in town has paid a sewer assessment fee (for approx. 20 years) without grant assistance, believes property values will in- crease when sewer goes in and feels health concerns validate the cost of the sewer improvements. Jim Christian, 4125 Arizona, spoke again, expressing objection to some of the comments of the previous speaker. Sarah Christian, 4125 Arizona, expressed resentment of implications that she' s 'misinformed' and resides in a ' stigmatized' area Councilman Molina implored staff to vigorously pursue the grant ap- proach as a funding solution to the sewer improvements. Councilman Handshy expressed that the City needs to comply with the Cease & Desist Order and feels it should make some funding contribution. Councilwoman Borgeson urged citizens to write Congressman Thomas in added efforts to seek alternative solutions. MOTION By Councilman Handshy to adopt Resolution No. ' s 66-86 , 67-86, 68-86, 69-86 and 70-86 , seconded by Councilwoman Borgeson; passed by 4 0 roll-call, with Councilwoman Norris absent. COUNCIL RECESSED FOR A FIVE-MINUTE BREAK (9: 35 p.m. ) . ,% 4 2. Proposed Resolution 71-86 - Council Appointment of Park & Recre- ation Commissioners Boyd Sharitz, City Clerk, announced the Council's decision of four appointees to the Park & Rec. Commission as a result of interviews prior to Council meeting: Sheila Kircher is appointed to the two- year, unexpired term, and Diana Cooper, John Harris and Judith McKrell are appointed to four-year terms. No public comment. MOTION: By Councilman Handshy to adopt Res No 71-86 (making appointments as announced) , seconded by Councilman Molina; passed by 4:0 roll-call, with Councilwoman Norris absent. 3. Review of Council Member Representation on Committees MOTION By Councilman Handshy to table this item until next meeting (for consideration by full Council) , seconded by Councilwoman Borgeson; passed 4:0, with Councilwoman Norris absent 4. Political Signage Standards and Regulations Report Henry Engen, Commun. Development Director , gave staff report. No public comment. Council consented that emphasis be placed on asking candidates in future elections not to use utility poles to post political signs and urges citizen cooperation in complying with the local sign ordinance. Staff was asked to write to PG&E for ideas relative to illegal posting of signs in the right-of-way. 5. Fiscal Year 1985-86 Status Report - 12 Month Status Report - Verbal. David Jorgensen, Admin. Svcs. Director, gave staff report. No public comment. 6 Presentation and Overview of Fiscal Year 1986-87 Proposed Budget Possible Reappointment Thereof - Verbal Mike Shelton, City Manager, commented on the structure of the proposed budget, and David Jorgensen, Admin. Svcs. Director , gave staff report. He announced suggested budget workshop sessions: Wed. , July 16, to discuss capital improvement projects; Fri. , July 18, to discuss the operating budget and new & expanded services; Mon. , July 21, to review unfunded programs and to hear revenue-sharing requests 5 No public comment. Council concurred with the proposed workshop schedule. C. UNFINISHED BUSINESS 1. Proposed Ordinance 137 - Amendments to the Falcon Cable T.V. Franchise Agreement (SECOND READING) (Cont'd from 6/23/86) MOTION By Councilman Molina to read Ord. 137 by title only, seconded by Councilman Handshy; passed 4 0 , with Councilwoman Norris absent. Mayor Mackey read Ord. 137 by title Public Comment Celia Moss, resident on Coromar , representing the Atas Homeowners Assn. , relayed the Board of Directors' opposition to adoption of the proposed contract with Falcon Cable Corp. due to, (1) hook-up delays, (2) service quality concerns, and (3) length of the proposed contract, which wouldn' t be implemented for five years. John McNeil, 8765 Sierra Vista, expressed he shares the concerns of the previous speaker and that no substantial reasons have been given for the extension of this contract. Joe Rinehart, 5680 San Pedro, expressed complaints about the televi- sion services provided by Falcon. Tom Hatchell, representing Falcon Cable Corp. , responded to comments of the previous speakers, noting that it' s in the best interests of Falcon to make the proposed system improvements in this calendar year. MOTION: By Councilman Molina that this constitutes the second reading and adoption of Ord. 137, seconded by Councilman Handshy; passed by 3:1 roll-call, with Councilwoman Borgeson voting NO and Councilwoman Norris absent MOTION By Councilman Molina to extend meeting past 11:00 , seconded by Councilman Handshy; passed 4 0 , with Councilwoman Norris absent. 2. Emergency Preparedness Ordinance and Resolutions A. Proposed Ordinance 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (SECOND READING) (Cont'd from 6/23/86) B. Proposed Resolution 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual Aid Agreement (Cont'd from 6/23/86) ir,+ 6 ` ' C. Proposed Resolution 59-86 - Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen' s Compensation Benefits for Registered Volunteer "Disaster Service Workers" (Cont'd from 6/23/86) No public comment. MOTION: By Councilman Molina to read Ord. 135 by title only, seconded by Councilman Handshy; passed 4 0 , with Councilwoman Norris absent. Mayor Mackey read Ord. 135 by title. MOTION By Councilman Molina that this constitutes the seconded reading and adoption of Ord. 135, seconded by Councilman Handshy; passed 4:0 by roll-call, with Councilwoman Norris absent. MOTION By Councilman Molina to adopt Res. No. ' s 58-86 and 59-86 , seconded by Councilman Handshy; passed 4 0 , with Councilwoman Norris absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilman Molina announced that he became a grand- father (again) at 2146 hours, due to the birth of a daughter to Mike and Gina Molina. (The dwindling crowd responded with applause. ) Mayor Mackey commented on having attended a meeting of the Water Advisory Board last week, with Paul Sensibaugh, Pub. Works Director , where future water needs (to the year 2010) were discussed. City Clerk - Boyd Sharitz announced his appointment of Cindy Wilkins (to continue) as Deputy City Clerk (ref. Chap. 2, Sec 2-6.02 M.C. ) . He requested that Council prepare a resolution commending the ap- pointment of Edward Chidlaw to the San Luis Obispo County Municipal Court. Council consented to prepare a proclamation in this regard. City Manager - Mike Shelton reported on the status of the Planning Commission recruitment. Council concurred to interview applicants prior to their meeting of July 28th. MEETING ADJOURNED AT 11 13 P.M. TO A CLOSED SESSION ON JULY 15, 1986, AT 6 00 P.M , REGARDING LITIGATION AND PERSONNEL MATTERS AND TO WED- NESDAY, JULY 16, FRIDAY, JULY 18, AND MONDAY, JULY 21, RESPECTIVELY, ALL COMMENCING AT 8: 00 A.M , TO DISCUSS THE BUDGET. RECORDED BY: PREPARED BY BOYD t. SHARITZ, Ci lerk CINDY WILKINS, Deputy City Clerk 7 1%W %VW NOTICE OF PUBLIC HEARING REVENUE SHARING & BUDGET FOR FISCAL YEAR 1986-87 NOTICE IS HEREBY GIVEN that the Atascadero City Council will hold a public hearing on Monday, July 28 , 1986 , at 7:30 p m in the Rotunda Room of the City Administration Building The purpose of the hearing is to consider proposed uses for $222 ,000 of Revenue Sharing Funds as part of the Fiscal Year 1986-87 Budget Citizens of Atascadero are in- vited to attend said hearing and provide either written or oral comments regarding use of said funds DATED July 15, 1986 BOYD C 5HARITZ*ty, Clerk City of Atascadero , California