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HomeMy WebLinkAboutMinutes 061290MEET 7/10/90 ATASCADERO CITY COUNCIL JUNE 120 1990 Mayor Dexter called the meeting to order at 7:04 p.m. The Pledge of Allegiance was led by Councilwoman Borgeson. ROLL CALL: Present: Councilmembers, Lilley, Borgeson, Shiers and Mayor Dexter Absent: Councilwoman Mackey Staff Present: Arther Montandon, City Attorney; Henry Engen, Community Development Director; Andy Takata, Director of Parks, Recreation & Zoo; Bud McHale, Police Chief; Gregory Luke, Public Works Director; Gary Sims, Senior Civil Engineer: Mark Joseph, Administrative Services Director; Mike Hicks, Police Chief; Lee Dayka, City Clerk COUNCIL COMMENTS: Mayor Dexter congratulated Councilwoman Borgeson on her re- election to the City Council. Councilwoman Borgeson quoted a newspaper article regarding new federal policy relating to trees and right-of-way. Councilman Shiers offered his congratulations to Councilwoman Borgeson and Councilman -Elect Nimmo. Councilman Lilley added his as well. Mayor Dexter acknowledged the new City Seal located on the wall behind the Council seats and asked who the artist was that completed the work. Mr. Takata indicated that the work was completed by Studio Design. PROCLAMATIONS: Mayor Dexter read the following proclamations: ' - "Honoring the 75th Anniversary of the United States Naval CC6/12/90 1 0 Reserve" a "Special Olympics/Law Enforcement Torch Run Day" as June 18, 1990. Mayor Dexter announced that he would again read the proclamation at City Hall on the eighteenth of June in a special ceremony. Mayor Dexter recognized Councilmember-Elect Nimmo and extended congratulations. Councilwoman Borgeson also congratulated Muriel Korba, present, on her election to the City Treasurer post and to Lee Dayka for her election as City Clerk. SPECIAL PRESENTATION: Russell V. Miller, representing the State Department of Conservation's Division of Mines and Geology, presented to Council results of a resource classification study completed in accordance with the Surface Mining and Reclamation act of 1975 (SMARA). Brief Council questions followed. A. CONSENT, CALENDAR 1. May 8, 1990 CITY COUNCIL MINUTES (Con't from 5/22/90) 2. MAY 10, 1990 CITY COUNCIL MINUTES (Special Meeting) 3. MAY 220 1990 CITY COUNCIL MINUTES 4. TENTATIVE PARCEL MAP 20-89, 14205 SANTA ANA RD., 9800/9850 GARCERO RD. - Subdivision of two existing lots containing a total of 17.19 acres into three (3) lots containing approximately 5.7 acres each (Atascadero Highlands/Volbrecht Surveys) 5. FINAL TRACT MAP 26-89, 7408-7478 SANTA YSABEL- Creating 28 residential air -space condominiums with common area (Montanaro/North Coast Engineering) 6. ORDINANCE NO. 208 - AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE ATASCADERO CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Second reading & adoption) 7. AUTHORIZE ANNUAL ASSESSMENT RATE FOR STREET MAINTENANCE DISTRICTS: A. RESOLUTION NO. 51-90 - #83-2, SONORA/PINAL CC6/12/90 2 MOTION: By Councilman Lilley and seconded by Councilman Shiers to adopt the Consent Calendar, with the exceptions of items #1, 3 and 9; motion carried. Councilwoman Borgeson made a correction to page 7 of the minutes from the May 8, 1990 City Council meeting. MOTION: By Councilman Lilley and seconded by Councilwoman Borgeson to approve Item #A-1 as amended; motion passed. MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to continue Minutes of May 22, 1990 to the next regular meeting; motion unanimously approved. Council continued with discussion on item #A-9, as follows: 9. RESOLUTION NO. 65-90 - AUTHORIZING CITY PARTICIPATION IN THE CONSTRUCTION OF A PORTION OF OBISPO ROAD ($9,000) Councilwoman Borgeson indicated that it was not routine to have taxpayers fund the development of a private road and that this was the reason she had asked for discussion. Mr. Luke gave background and staff report. He explained that CC6/12/90 3 B. RESOLUTION NO. 52-90 - #84-1, SAN FERNANDO C. RESOLUTION N0. 53-90 - #83-30 MALAZA D. RESOLUTION NO. 54-90 - #86-2, PINAL/ESCARPA E. RESOLUTION NO. 55-90 - #83-10 LOBOS AVENUE F. RESOLUTION NO. 56-90 - #86-10 FALDA AVENUE G. RESOLUTION N0. 57-90 - #86-4, CAYUCOS AVENUE H. RESOLUTION NO. 58-90 - #86-3, AGUILA AVENUE B. RESOLUTION NO. 64-90 - ADOPTING THE SECOND AMENDMENT TO RESOLUTION NO. 56-890 THE ANNUAL APPROPRIATION RESOLUTION 9. RESOLUTION NO. 65-90 - AUTHORIZING CITY PARTICIPATION IN THE CONSTRUCTION OF A PORTION OF OBISPO ROAD ($9,000) Mayor Dexter read the consent calendar. Councilwoman Borgeson asked that item #1 be pulled for correction and in addition requested further discussion on item #9. The City Clerk asked that A-3, Minutes of May 22, 1990 City Council Meeting, be continued. MOTION: By Councilman Lilley and seconded by Councilman Shiers to adopt the Consent Calendar, with the exceptions of items #1, 3 and 9; motion carried. Councilwoman Borgeson made a correction to page 7 of the minutes from the May 8, 1990 City Council meeting. MOTION: By Councilman Lilley and seconded by Councilwoman Borgeson to approve Item #A-1 as amended; motion passed. MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to continue Minutes of May 22, 1990 to the next regular meeting; motion unanimously approved. Council continued with discussion on item #A-9, as follows: 9. RESOLUTION NO. 65-90 - AUTHORIZING CITY PARTICIPATION IN THE CONSTRUCTION OF A PORTION OF OBISPO ROAD ($9,000) Councilwoman Borgeson indicated that it was not routine to have taxpayers fund the development of a private road and that this was the reason she had asked for discussion. Mr. Luke gave background and staff report. He explained that CC6/12/90 3 this compromise would allow the segment of Obispo Road to be brought up to the City's minimum standard width of twenty feet, which could ultimately allow the street to be brought into the City system. Councilwoman Borgeson noted that the developer was ready to proceed with construction and stated that if Mr. Johnson wanted his road to be accepted into the City street system he should be responsible for the improvements. She objected to funding the project with no assurance that the road would be accepted. Councilman Shiers shared the same concerns, stating that the cost should be legitimately born by the developer. Mayor Dexter noted that the completion of the road would enhance circulation. Mr. Lilley inquired as to what kind of commitment the City has made to the developer. Mr. Luke reported that the Mr. Johnson's private road had been previously approved with a width of sixteen feet and indicated no commitment has been made to him regarding acceptance. Additional discussion followed regarding other construction currently underway on Obispo Road and safety concerns. The Public Works Director gave his recommendations. Councilwoman Borgeson reiterated her opposition to subsidizing the developer. In response to questions from Council regarding public right-of- way, Mr. Luke explained that Obispo Road is one of the original Colony roads and that all Colony roads are for the people. He added that if the City does not accept it, it will be considered a privately maintained road. Further discussion ensued. Comment:Public Russ Johnson, owner of the Obispo Road property, stated that his original intention was to keep the road private. He explained that when he purchased the property, he deeded the right-of-way to the City. Mr. Johnson indicated that he was not a developer, but a working man with no other development going on in the City. He explained that he does not have the additional $9,000 to enable him to bring the road up to the minimum standard width. Councilman Lilley asked the City Attorney for a determination of potential liability. Mr. Montandon indicated that he would CC6/12/90 4 appreciate two weeks to prepare a response. Councilwoman Borgeson reiterated the need for a study session with respect to roads and voiced concern for Mr. Johnson and the cost of delaying his project. Mr. Johnson related that another two week delay could cause him additional contractor costs. Discussion followed. Councilman Lilley stated that it was not fair to hold up Mr. Johnson, but that it was unwise to allow the sixteen foot roadway to remain. Mr. Luke stated that unique situations will arise when dealing with Colony roads and that the City may need to spend some money in order to bring them into the City street system. The City Attorney interjected that the property was acquired from Wells Fargo by the developer and deeded to the City. He stated that even though the City may not accept the street into the City -maintained system, the fact that the City owns the property could impose some liability on the City if a dangerous condition arose and the City did not act to warn or remedy the situation. MOTION: By Councilman Lilley and seconded by Mayor Dexter to adopt Resolution No. 65-90. Comment followed. Councilman Shiers stated that, in light of the City Attorney's determination, he did not want to put the City in a position that could incur liability. He noted that he did feel that it is the responsibility of the developer to bring the road up to standard system, but recognized the fact that the City owns the property by virtue of the deed. Roll call vote was taken on the motion. Motion to adopt Resolution No. 65-90 unanimously passed. Mr. Montandon commented that problems can be avoided with more study. Council was in concurrence. Councilwoman Borgeson suggested that Council ask the City Manager to set up a study session sometime in July. B. HEARINGS/APPEARANCES: 1. ORDINANCE NO. 209 - AMENDING SECTIONS 2-13.02 AND 2-13.22 OF THE ATASCADERO MUNICIPAL CODE, REDUCING NUMBER OF PARKS AND RECREATION COMMISSIONERS FROM SEVEN TO FIVE (First Reading) CC6/12/90 5 0 0 1 Andy Takata gave background and recommendation to adopt the ordinance reducing the number of commissioners from seven to five. He added that this action was not meant to discourage public input. Mayor Dexter reported that he had received a phone message from Councilwoman Mackey, who was in Europe, indicating her opposition to the reduction. Councilwoman 8orgeson agreed with staff stating that they know what works and voiced appreciation for their work. Councilman Shiers concurred that he saw no problem with the reduced size of the commission recognizing the fact that commission -related items would be well advertised in the newspaper. Councilman Lilley noted he also had no problems with the staff recommendation. MOTION: By Councilman Lilley and seconded by Councilwoman Borgeson to waive the reading in full and introduce Ordinance No. 209, by title only; passed 4:0. MOTION: By Councilman Lilley and seconded by Councilman Shiers to approve Ordinance No. 209 on first reading; motion unanimously carried by roll call vote. C. REGULAR BUSINESS: 8~ - AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO BID THE SYCAMORE ROAD BRIDGE REPLACEMENT PROJECT Greg Luke gave staff report recommending the adoption of Resolution No. 66-90 which would authorize the Department of Public Works to bid the Sycamore Bridge Replacement Project and authorize the City Manager to hire a State approved bridge inspector and execute additional agreements as required by the State. Mr. Luke gave credit to Gary Sims, Senior Civil Engineer for accomplishments in obtaining B0% funding for this important project. Council questions followed regarding staffing and the hiring of a qualified inspector. Mr. Luke reported that the City is obligated to hire an experienced bridge construction inspector to oversee the daily construction activity and recommended John Grindstaff from Bakersfield for the contract position. There was no public comment. CC6/12/90 6 MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to adopt Resolution No. 66-90; motion passed 4:0 by roll call vote. 2. RECYCLING COMMITTEE VACANCIES Mayor Dexter read a letter from Renee Silberman, Chairman of the Recycling Committee, which recommended the appointment of Deborah Davis and Rebecca Lilley to the Recycling Committee. Councilman Lilley disqualified himself from the discussion and stepped down. Councilwoman Borgeson stated that the applicant, Rebecca Lilley, was not old enough for appointment and submitted the name of Ray Jansen for consideration along with Deborah Davis. Mayor Dexter recognized Rebecca's attributes to the Recycling Committee. Councilman Shiers noted that the Recycling Committee recommended that all the applicants be encouraged to become auxiliary members. Public Comment: Muriel Korba, City Treasurer -Elect, stated encouragement for youth involvement. The City Clerk reported that Miss Lilley's application had not been received by the Clerk's Office as part of the formal recruitment process. Rebecca Lilley, applicant, spoke in support of her appointment and clarified how it was she received and turned in her application. MOTION: By Councilwoman Borgeson to nominate Deborah Davis and Ray Jansen for two-year terms to the Recycling Committee. The City Clerk indicated that Ms. Davis' application had also not been received by the formal deadline for submittal. Ms. Borgeson withdrew her motion. Discussion followed. Rebecca Lilley addressed the Council once more indicating that the committee's recommendations reflected participation and involvement in the committee's efforts. Miss Lilley asked that CC6/12/90 7 the purpose of the committee not be overlooked because of the deadline. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to nominate George Trigueiro and Ray Jansen to two-year terms to the Recycling Committee and inviting the other applicants to ,loin the committee as auxiliary members; motion passed 3:0 3. MAYORS & COUNCILMEMBERS EXECUTIVE FORUM - JULY 18-20, 1990 Henry Engen reported that this was an informational item only and Councilman -Elect Nimmo confirmed his attendance. 4. CONFIRM DATES FOR COUNCIL BUDGET HEARINGS (Verbal) Mark Joseph indicated that copies of the budget were to be distributed to the City Clerk and staff approximately June 14 and recapped the following dates for Budget Hearings: Monday, June 26, 1990 Wednesday, June 28, 1990 Thursday, June 29, 1990 Council confirmed the dates. Mr. Joseph indicated that an additional special Council meeting for the purpose of adopting the Fiscal Year 1990-91 budget was tentatively set for 5:00 p.m. on July 5, 1990. D. INDIVIDUAL D€TERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary: 1. City/School Committee - Mayor Dexter stated that the last meeting had been cancelled and no new date set. 2. North Coastal Transit - No report. 3. S.L.O. Area Coordinating Council - No report. 4. Traffic Committee - No report. 5. Solid/Hazardous Waste Management Committee - The Public Works Director reported that solid waste CC6/12/90 8 has become a fast-growing, strong issue locally and in the County. He also indicated that a Council representative will be needed to be appointed to replace Councilwoman Mackey on the committee. 6. Recycling Committee - No report. 7. Economic Opportunity Commission - Mayor Dexter reported that this is an active group and announced a special meeting of the Board. a. Finance Committee - No report. 9. Business Improvement Association - No report. 10. Downtown Steering Committee - No report. 11. Interim Growth Management Committee - No report. 12. General Plan Subcommittee - No report. 2. City Attorney - No report. 3. City Clerk - No report. 4. City Treasurer - No report. 5. City Manager - No report. 6. Fire Chief - Chief Hicks gave a status report on a hatardous material incident at the City's sewer treatment plant and advised that the Council will be updated as the investigation continues. THE MEETING WAS ADJOURNED AT 9:15 P.M. TO THE FIRST SESSION OF THE BUDGET HEARINGS ON MONDAY, JUNE 25, 1990 AT 3:00 P.M. IN THE CLUB ROOM. MLNU7 REGQD AND PREPARED BY: LEE DAYKAp City V Clerk CC6/12/90 9