HomeMy WebLinkAboutMinutes 031390 Approved as Read 2/27/90
ATASCADERO CITY COUNCIL
MINUTES
MARCH 13n 1990
7:00 P.M.
The Mayor called the meeting to order at 7:05 p .m. The Pledge of
Allegiance was led by Mark Joseph .
CALL:ROLL
Present : Councilmembers Shiers, Mackey, Lilley, Borgeson
and Mayor Dexter
Staff Present : Art Montandon, City Attorney; Henry Engen,
Community Development Director ; Mark Joseph ,
Administrative Services Director ; Andy Takata ,
Director of Parks, Recreation and Zoo ; Mike Hicks,
Fire Chief and Lee Dayka, City Clerk
Staff Absent : Ray Windsor , City Manager and Bud McHale, Police
Chief
There were no City Council comments.
Mayor Dexter read the proclamation "Tri-Counties Small Business
Opportunities Day" proclaiming March 7, 1990 as such .
The Mayor proclaimed March 12-18, 1990 as "Camp Fire Birthday
Week" and presented theproclamation to members of the Chumash
Council Camp Fire Girls. The group presented to members of
Council and staff boxed candy and nuts.
FORUM:COMMUNITY
John Haynes, 9870 Carmelita Road , described for Council the
traffic that uses the creekbed near his property as a thorough-
fare from Morro Road to Carmelita and requested the placement of
a bridge there to provide access to Highway 41 .
Henry Engen responded that the City was familiar with this
"Arizona Crossing" and that there has been an application made
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for a grant to fund the Barranco Road extension to Highway 41 .
He stated that he would be happy to speak to Mr . Haynes regarding
this issue.
Maggie Rice, on behalf of the Friends of the Lake Pavilion, gave
a financial update on the committee stating that $9,700 had been
raised already. She thanked the Mayor for his generous donation
and reported that Barbara Reiter of Atascadero had been the first
$1 ,000 donation.
A. CONSENT CALENDAR:
Mayor Dexter read the Consent Calendar .
1 . FEBRUARY 27, 1990 CITY COUNCIL MINUTES
2. TENTATIVE TRACT MAP 25-89 - Proposed subdivision of one 6.7
acre parcel into four lots of 2. 17, 1 .60, 1 .67 and 1 .25
acres. The proposal also includes the creation of 81 com-
mercial condominium units at 5804 Capistrano Avenue (Hotel
Park ) (Lewis, et al/North Coast Engineering )
3. RESO_,..LUTIDN NO. 24-90 - REQUEST TO ADD MICHAEL FORISTER AND
STEVEN G. ALVAREZ TO THE LIST OF CITY-APPROVED CERTIFIED
ARBORISTS
4. TECHNICAL ADJUSTMENTS TO SALARY & POSITION RESOLUTIONS WHICH
WERE ADOPTED 2/27/90:
A. RESOLUTION NO. 28-90 - AMENDING RESOLUTION NO. 13-90,
ESTABLISHING SALARIES FOR CITY EMPLOYEES
B. RESOLUTION NO. 29-90 - AMENDING RESOLUTION NO. 14-900
ESTABLISHING PERMANENT AUTHORIZED POSITIONS IN THE CITY
OF ATASCADERO
5. AWARD OF BID #90-1 FOR SEWER JET TRUCK
6. AWARD OF BID #89-9 FOR DIAL-A-RIDE BUSES
7. AUTHORIZE PURCHASE OF NEW FURNITURE FOR POLICE FACILITY
8. RESOLUTION NO. 30-90 - PROCLAIMING MARCH 23-31 , 1990 AS
"CENSUS WEEK"
Councilman Shiers asked to pull items #2 and #7 for further
discussion.
MOTION: By Councilwoman Mackey and seconded by Councilwoman
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Borgeson to approve the Consent Calendar with the
exceptions of items #2 and #7; passed unanimously by
roll call vote.
2~ TENTATIVE TRACT MAP 25-89 - Proposed subdivision of one 6.7
acre parcel into four lots of 2. 17, 1 .60, 1 .67 and 1 .25
acres. The proposal also includes the creation of 81 com-
mercial condominium units at 5804 Capistrano Avenue (Hotel
Park ) (Lewis, et al/North Coast Engineering )
- Henry Engen gave staff report with the recommendation to approve.
Councilman Shiers asked for clarification on conditions of
approval . Mr . Engen stated that approval of the precise plan
preceded the Subdivision Ordinance and subsequent improvement
work is pursuant to that plan. The eight conditions of approval
proposed would allow for phasing in the future or allow
recordation concurrently.
Councilwoman Borgeson asked the City Attorney if this item
should be placed on a future agenda for further discussion. The
City Attorney advised that if it is pulled from the consent
calendar , the Council can ask questions of the applicant and hear
public comment . He further stated that it can be considered
regular business at this point .
The Community Development Director responded to the Mayor ' s
questions regarding access and future Highway 41 . Councilwoman
Mackey asked Mr . Engen for clarification on the completion time
of the parking lot . He indicated that CC&R ' s are required in the
first phase to outline the use of reciprocal use parking during
future phase development .
Councilwoman Borgeson asked Mr . Engen if the project could be
prolonged for a number of years. Mr . Engen estimated a maximum
of three years for each phase with a "worst case scenario" of
twelve years to complete the project. He noted that the
applicant has incentive to complete the project in a timely
manner because all the costly improvements (grading , street
relocations, etc . ) will be put in up front .
Councilwoman Borgeson indicated concern over the change from a
precise plan to what might have to be looked at under the
Subdivision Act . She also expressed concern over the possibility
of the project being left undone and therefore creating a scar in
the City. Mr . Engen reported that his department has celled for
rough grading on the peripherals to avoid having the entire
project totally graded out before it is ready to have a building
on it and that it would be better to keep what ' s there looking
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more natural . He added that because the project has been
started , it is in the City ' s best interest to get the
construction completed and landscaped .
Councilwoman Borgeson asked additional questions regarding
bonding . Mr . Engen stated that the only bonding held on the
project was for trees and improvements, not site restoration.
Public Comments :
The owner/applicant , Glen Lewis, addressed the Council and
indicated that great expense has been incurred to complete the
improvements and that the owners have shown good faith by
complying with all conditions of approval . He stated there was
interest from the general public and hoped to bring in a nice
restaurant . He added that he had no intention of delaying the
project .
Mr . Lewis answered Council questions regarding the type of use
the project would be dedicated to . He stated that the center
would be primarily professional business, rather than commercial .
He added that originally three restaurants were proposed , but
that now one nice, large one was being considered .
Steve Sylvester , engineer , responded to additional Council
questions with respect to possible banquet facilities,
Subdivision Ordinance compliance and alteration of landforms. He
indicated that the precise plan included a detailed grading plan
and the intent of that plan was to minimize disturbance of
landforms. Mr . Sylvester assured the Council that construction
is conforming to that plan and explained that the only exception
being made is that they are making more room for some of the
trees by moving some of the retaining walls further away from the
trunks of the trees.
Lon Allen, 5625 Capistrano , asked who ' s responsibility it is to
stripe the road and indicated , for safety reasons, that it should
be done. Mr . Engen reported that he would look into it .
MOTION: By Councilman Lilley and seconded by Mayor Dexter to
approve Tentative Tract Map 25-89 based upon the
findings of the Planning Commission; passed 3:2 with
Councilwoman Borgeson and Councilman Shiers voting
against approval .
7. AUTHORIZE PURCHASE OF NEW FURNITURE FOR POLICE FACILITY
Mayor Dexter reported that the Police Chief had been excused from
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the meeting to attend a team-building workshop and gave the
report in his absence. The Mayor reported that the request
included 127 pieces of furniture to be supplied by the California
Prison Industries Authority. He further reported that the total
cost was to be $23,000, $3,000 more than was originally
authorized by Council . The Mayor explained that the Police Chief
had indicated that the department would be able to fund the
purchase within the existing operating budget . The
Administrative Services Director stated that there was ample cash
available to cover the added expense.
Councilman Shiers noted that this did not go out for bid and was
concerned that the Council was indeed within their legal
boundaries. The City Attorney advised that the only bid
requirements by State law are for public construction and
maintenance contracts. He continued that the City Code has a
purchasing procedure that serves as a directory guideline, but
that it is not mandatory.
Mr . Montandon indicated that the Police Chief had stated that the
furniture is much better quality than what is available from open
market furnishings and that it is difficult to compare prices on
items of this type.
Councilwoman Mackey expressed concern regarding going over bid
and stated that she thought bids should have been received in
order to compare costs.
Councilwoman Borgeson stated that she was fully satisfied , that
the furniture would last and that this purchase had been approved
in the last budget .
Mayor Dexter added that the Police Chief had received visits from
other furniture representatives and had also inspected the
California Prison Industries Authority where it is manufactured .
There was no public comment .
MOTION: By Councilman Shiers and seconded by Mayor Dexter to
authorize the purchase of new office furniture for the
Police Facility from Prison Industries, State of
California, for a total amount not to exceed $23,000;
passed unanimously with Councilwoman Mackey making her
Yes vote with reluctance.
Mayor Dexter called attention to` Item #8 of the Consent Calendar
referring to Resolution No . 30-90 proclaiming March 23-31 , 1990
as Census Week . He explained that staff will be requested to
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give their information on April 1 , 1990. Councilwoman Mackey
also announced that census takers are being sought .
C. REGULAR BUSINESS:
1 . DISCUSSION RE: SKATEBOARD SURVEY AND POSSIBLE ORDINANCE DIR-
ECTION
Andy Takata gave staff report recommending that staff be given
direction to create a skateboard regulating ordinance that would
eliminate skateboarding within the Business Improvement Area
boundaries, except between the hours of 7:00 a.m. to 8:30 a.m.
and 3:00 p .m. to 4:00 p .m. , Monday through Friday; and no
skateboarding allowed on Saturday and Sunday. He explained that
the reasons for the exception hours was that children had
reported that they used their skateboards for transportation to
and from school .
Mr . Takata reported that this was a "tough" recommendation to
make and explained the results of several informal surveys of the
business community regarding this issue. He reitrated that staff
was looking for direction and that any proposed ordinance would
first be subject to two public hearings.
Council questions followed regarding possible fines and the City
Attorney advised that if an infraction is imposed , the maximum
fine for a first offense would be $50.00 Mr . Takata stated that
he hoped the Police Department would give strict warnings and
that the goal was not to fine kids, but to stop damage.
Lengthy Council discussion ensued .
Councilman Shiers was against the ordinance and expressed the
need for an alternative place to skate.
Councilwoman Mackey agreed that the kids need a place to skate
and added that the sidewalk was not the place to do it .
Councilwoman Borgeson asserted that there is not enough police
to enforce the ordinance and was not in favor of it . She further
stated that it was unfair to have such an ordinance without
providing a place for the youth to skate.
Mayor Dexter was in favor of a simple ordinance in community
areas for public safety. He agreed that a proper place for
skating was needed , but only if insurance could be provided .
Councilman Lilley described the shopping centers as the highest
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risk area and was in favor of an infraction to deter injury. He
maintained that he had no problem with the sport , only the use of
public property to engage in it and added that this is a
different issue entirely from providing a recreational area
within which skateboarding could be enjoyed . He stated that the
public needs to know the risk involved with providing a
skateboard park and suggested asking the taxpayers to vote on
whether or not they wanted funds spent to provide the necessary
insurance.
Public Comments:
Richard Bastian, 6225 Conejo Road , asked the Council to show kids
a little more respect and make them a part of the community.
Whitey Thorpe, 8205 Santa Ynez , spoke against the proposed
ordinance stating that children are the most valuable asset
Atascadero has and that we need to make room for them. He added
that the City should get the skateboarders covered .
Livia Kellerman, 6463 Honda, urged that establishing an ordinance
setting certain hours is punitive and that we could be more
creative. She suggested a membership skateboard park where
parents and their children might sign an insurance waiver .
Karen Riggs, 4935 Arizona Avenue, thanked the Council for giving
the kids a chance. She stated that while her initial hopes for
the Skateboard Association had not been fully realized , attitudes
have changed and was in favor of providing a skateboard park .
Ms. Riggs asked Andy Takata to clarify total Police Department
calls received regarding skateboarders. The Director of Parks
and Recreation explained that there had been 63 calls in 11
weeks.
Mike Jackson, 5235 Barrenda, opposed the ordinance and exclaimed
that the City needs to make the parent responsible and stressed
the need to educate the children.
Victor Reeves, 4200 Del Rio Road , asked what the difference was
between skateboarding and baseball , in terms of insurance.
Mayor Dexter responded that insurance was not available to the
City to cover the sport and suggested that the matter could be
looked into further as part of the functions of the proposed Risk
Review Committee to be discussed later (Agenda Item #C-4) .
Maggie Rice, representing the Chamber of Commerce, exclaimed that
downtown revitalization and downtown skateboarding are not
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compatible. She supported adoption of an ordinance to protect
the downtown property.
Mary Pulsifer-Manry, 4200 Del Rio Road , asserted that sidewalks
are for the public . She stated that she was against skating in
shopping centers and stressed that all the kids need is a "great
big slab of cement" . She proclaimed the hours between 3:00 p .m.
and 4:00 p .m. as the "worst" time to skate because of the heavy
traffic at this time of day.
Joey Pulsifer , 4200 Del Rio Road , spoke on behalf of youth and
urged the Council to provide a park where kids could skate, stay
out of trouble and eliminate property damage.
Mayor Dexter commended the kids for policing themselves and
stated that he was not against kids having fun. He reiterated
that the Council has a responsibility to protect the public
welfare.
Richard Bastion asked if a insurance waiver was an option. Mayor
Dexter referred this question to the City Attorney. Mr .
Montandon explained that waivers are only affective to a certain
extent and suits could still occur .
Mr . Joseph suggested an economic study including insurance costs
and examine the concept of a skateboard park to see if it is
feasible.
Councilwoman Borgeson stated that the citizens expect parks for
their children and that Council should give staff direction to
look into some of the options.
Lon Allen, 5625 Capistrano , reported that as past president of
the Chamber of Commerce, damage does occur and often goes
unreported . He urged the Council not to adopt anything they
could not enforce.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to oppose staff recommendation for a skateboard
regulating ordinance and give staff further direction
to look into a skateboard park with adequate insurance
coverage. Additional Council discussion ensued . In a
roll call vote, all five members unanimously passed
the motion.
Mayor Dexter called for a recess at 9:08 p .m. The meeting
reconvened at 9: 17 p .m.
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2. RESOLUTION NO. 25-90 — RE—APPOINTING THREE MEMBERS TO THE
BUILDING & CONSTRUCTION BOARD OF APPEALS
Henry Engen gave staff report recommending adoption of Resolution
No . 25-90 reappointing the following three members to the
Building and Construction Appeals Board : Ken Lerno , Specialty
Contractor ; H. John Edens, Jr . , General Contractor ; and Jim
Rodger , General Public Member .
There was no Council or public comments.
MOTION: By Councilwoman Mackey and seconded by Councilman
Shiers to adopt Resolution No . 25-90; passed
unanimously by roll call vote.
3. CREATION OF A CREEKWAY PLANNING & MAPPING COMMITTEE
Andy Takata gave staff report recommending the creation of a
technical committee comprised of three school district
representatives and three City staff members to begin mapping the
creek prior to additional planning . He stated that while this
was a technical advisory committee, the City Council may choose
only staff members, but if additional citizen participation is
desired they may appoint other members.
Mr . Takata explained that the first area which the committee
would be looking at was from Lewis Avenue to the High School .
Mayor Dexter clarified that once the mapping is done, then
creekway usage will be established . Councilwoman Mackey
suggested that the Council add more members to the committee
later on when that issue is addressed .
Public Comments :
Karen Riggs, 4935 Arizona, asked the Council how this related to
the creek setback issue and stated concern over the length of
time a study like this may take. She suggested a building
moratorium on the creek with emphasis on the properties currently
for sale on Capistrano . The Mayor ruled Ms. Riggs out of order
because the usage of the creek was not being considered , but
rather the establishment of a technical committee to merely map
the creek .
Joan Okeefe, 9985 Old Morro Road East , asked at what point will
the public be able to address the setback issue, why the mapping
will take precedence over the setback question and how citizens
can make input .
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Councilman Lilley asserted that the creek setback issue must be
addressed by Council and stated that he would personally ask that
the matter be placed on a future agenda for consideration later
during the Individual Determination portion of meeting . He
stated that he would like to explore the possibility of some kind
of interim measure, with regard to several of the lots for sales,
to insure their development does not do irreparable damage.
Ms. Okeefe thanked the councilman and expressed hope in seeing
this placed on another agenda for future discussion.
Mr . Engen clarified that there is a General Plan Amendment that
is looking at the setbacks to the creek and that it will be
coming to the Planning Commission for public hearing . He stated
that this amendment and the mapping of the creekways for linear
park future planning purposes will coincide with one another .
Councilwoman Mackey asked the Community Development Director when
the amendment would be presented to the Planning Commission to
which he stated that the earliest date would be in late April .
Richard Bastian, 6225 Conejo Road , asserted that the citizens are
being held in the dark , that creekway property owners should have
first input on creekway development and opposed the formation of
a mapping committee.
Leonard Dugger , 10961 Las Casitas, reported that he has seven
acres on Graves Creek Road and opposed the concept of a 50 foot
setback. Mayor Dexter assured Mr . Dugger that public hearings on
that issue would be held and reiterated that the current
discussion was to map the area only.
Sarah Gronstrand , 7620 Del Rio Road , asked that the Council clear
some of the confusion by clarifying for the public why biologists
and engineers have been appointed to the committee.
Henry Engen responded that currently there is a lack of good
information on the creekway resource in the City. He stated that
the General Plan calls for open space and protection of the creek
and explained that many of the parcels are owned by the City,
school district and water company. He added that the purpose of
the committee is to begin putting this information together .
Mr. Engen stated that two members of the committee teach natural
resources and can help to assess current vegetation and values
present in the creekway parcels. He continued that a major
public analysis with a cross-section of people appointed to a
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steering committee may later recommend plans that would be
appropriate for those areas and reiterated that the proposed
General Plan Amendment is a separate issue that will be brought
to the Planning Commission for generous public input as it looks
at questions with regard to creek bank/creek parcel setbacks,
etc .
Councilwoman Mackey asked the Community Development Director to
clarify again the exact portion the creek that would be studied .
Mr . Engen responded that the first priority is the area from the
Capistrano bridge to the High School because the parcels there
are owned by the City and the school district . '
Richard Bastian proclaimed that outside influences are coming
into the community with plans of developing the creeks . He
stated that he did not think the Council was being up-front with
the public .
Larry Sherwin, 2755 Campo Road , recapped that he and others had
asked the Council to take a look at the creek and map the area,
to protect those areas of the creeks that need it and leave open
those that do not . He thanked the Council for establishing the
committee and beginning the study of the creek,
Karen Riggs addressed the Council once again and stated that she
hoped the Council would keep separate the issues of setback and
access as the study is conducted .
MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey to approve the creation of the Creekway Planning
and Mapping Committee. Councilwoman Borgeson asked to
discuss the motion before the vote.
Ms. Borgeson stated that the public has every right to know
what the Council is doing and should ask questions if they
are confused . She expressed concern that the committee to
map the creek will be doing so while the proposed General
Plan Amendment for a 50 foot creek setback may be going to
public hearing before the Planning Commission as early as
April 22, 1990. She stated that she personally could not go
along with a specific 50 foot setback .
Mayor Dexter asked for a voice vote on the motion to
approve; which passed unanimously.
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4. CREATION OF A RISK REVIEW COMMITTEE
Mark Joseph gave staff report recommending that the Council
endorse the concept of a Risk Review Committee and select a
Council representative.
Council questions followed . Mr . Joseph clarified that the
Committee would have authority to reject or settle claims up to
$10,000, a figure suggested by the City Attorney, thereby
expediting some matters. He also explained that the committee
would allow risk management to be brought to the "front burner"
from the "back burner" , which would ultimately save in insurance
premiums.
Councilman Shiers indicated that he was wary of not having input
on settlement of claims. Councilwoman Borgeson agreed stating
that the full Council should have a look at all claims.
Councilman Lilley was in favor of the opportunity to settle
claims quickly and in the least costly way possible. Mayor
Dexter was in support of the Committee.
The City Attorney advised that the committee ' s purpose would be
to keep the Council apprised of the type of claims and risks that
the City is facing on a day to day basis. He added that the
Council can set any figure they like and that the $10,000 could
be changed if they so choose. He stated that something needs to
be done, however , when the City spends a half million dollars a
year on liability and compensation claims.
Councilman Shiers asked the Administrative Services Director for
clarification of current settlement authority. Mr . Joseph
responded that the City Attorney and City Manager both have
authority up to $5,000. He reiterated that the Council would be
kept informed of each and every claim.
Councilman Lilley stated that the committee would give the
Council more, not less, control . Councilwoman Mackey was in
favor of the committee, but added that she would like to see a
copy of every claim.
MOTION: By Councilwoman Mackey and seconded by Mayor Dexter to
approve the creation of a Risk Review Committee; passed
unanimously by roll call vote.
Mayor Dexter appointed Councilman Lilley to the Committee.
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5. SET STUDY SESSION DATE FOR FISCAL PLANNING MODEL RFP'S
Henry Engen reported that Thursday, March 29, 1990 at 4:00 in the
Club Room, City Hall , had been determined to be the best date for
the study session.
Brief Council discussion followed and by consensus, the above
date was selected for the fiscal planning model study session.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council :
Councilman Lilley asked that the matter of lots currently
advertised for sale on Capistrano be looked at by staff to
determine potential impact on the creek by development of those
lots and have the issue placed on the agenda for Council
consideration.
A. Committee Reports (The following represents ad hoc or
standing committees. Informative status reports will
be given, as felt necessary. ) :
1 . City/School Committee - No report .
2. North Coastal Transit - No report .
3. S.L.O. Area Coordinating Council - No report .
4. Traffic Committee - Councilwoman Mackey reported that
the committee would meet on Wednesday, March 21 , 1990.
5. Solid/Hazardous Waste Mgmt . Committee - Councilwoman
Mackey reported that she and the Mayor attended the
tour of Chicago Grade Landfill .
6. Recycling Committee - Councilwoman Mackey reported that
the Committee had met , but that she had not been in
attendance but would be at the next meeting , Thursday,
March 22, 1990.
Mayor Dexter announced that the Chamber of Commerce ' s
Spring Clean-up Beautification Day was scheduled for
April 21 , 1990.
In addition, the Mayor also requested the issue of
mandatory trash pick-up within the Urban Service Line
be placed on the agenda for a future meeting .
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7. Economic Opportunity Commission - No report .
8. B. I .A. - No report .
9. Downtown Steering Committee - Henry Engen reported that
the committee had met the week prior to review the
draft Downtown Master Plan. He reported that the
consultant was currently modifying the draft and a
future community forum-type presentation is planned .
10. General Plan Subcommittee - Henry Engen reported that
the next meeting is to be March 15, 1990 at 4:00 p .m.
2. City Attorney - No report .
3. City Clerk
The Clerk reported that she had verified signatures on all
candidate nomination petitions earlier in the week and officially
announced the candidates for City Council , City Clerk and City
Treasurer .
Ms. Dayka announced that there was a citizen-at-large member
vacancy on the Recycling Committee and that the Clerk ' s Office
was currently recruiting for that position. She stated that the
deadline for submitting applications is to be March 19, 1990 at
5:00 p.m.
In reference to verified claims against the City, the Clerk
advised that all claims are filed with the City Clerk ' s Office
and are available to Council , as well as the staff and public ,
for their review.
4. City Treasurer - No report .
5. City Manager - No report .
THE MEETING WAS ADJOURNED AT 10: 15 P.M. UNTIL THE NEXT REGULAR
MEETING OF THE CITY COUNCIL ON MARCH 279 1990 AT 7:00 P.M.
MIN E RECO ED AND PREPARED BY:
LEE DAYKA, CITY CLERK
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