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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 CC3/13/9O Page 1 0 0 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 CC3/13/90 Page 2 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 CC3/13/90 Page 3 0 0 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 CC3/13/90 Page 4 0 0 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 CC3/13/90 Page 5 0 • 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 CC3/13/90 Page 6 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 CC3/13/90 Page 7 0 0 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. CC3/13/90 Page 8 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 . CC3/13/90 Page 9 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 CC3/13/90 Page 10 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. CC3/13/90 ` Page 11 0 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. CC3/13/90 Page 12 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 . CC3/13/90 Page 13 1 0 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 CC3/13/90 Page 14