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HomeMy WebLinkAboutMinutes 010891Minutes approved as submitted 1/22/91 ATASCADERO CITY COUNCIL MINUTES JANUARY 8, 1991 Mayor Lilley called the meeting to order at 7:01 p.m. The Pledge of Allegiance was led by Councilman Dexter. ROLL CALL: Present: Councilmembers Borgeson, Shiers, Nimmo, Dexter and Mayor Lilley Absent: None Also Present: Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present: Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Henry Engen, Community Development Director; Greg Luke, Public Works Director; Mike Hicks, Fire Chief; Bud McHale, Police Chief and Andy Takata, Director of Parks, Recreation & Zoo COUNCIL COMMENTS: Councilwoman Borgeson mentioned that Cuesta College is looking for a location for a branch in the North County and expressed hope that the City and the school district would be proactive in attempting to establish the site in Atascadero. Councilman Dexter proposed a Last Will and Testament Donor policy for the City. He added that in view of the limitation on funds for capital projects, this issue might be worth looking into. Mayor Lilley reported that he had distributed to members of Council a tentative suggestion of matters of priority. He explained that he had requested their input and asked that comments be given to him by the first week in February. In addition, Mayor Lilley announced that he had bid farewell to the 649th M.P. Company and had learned that there were a number of dependents who reside in Atascadero. He stated that he had asked the commander of that company to supply him with a list of names of the dependents so that the City can do what it can to assist those families. By common consensus, both matters raised by Councilwoman Borgeson and Councilman Dexter were referred to the City Manager. CC01/08/91 Page 1 COMMUNITY FORUM: Robert Skinner, 5285 Palma Avenue, spoke regarding the revised Tree Ordinance. He asserted that there was no protection for heritage trees on private property and asked the Council to reconsider the single-family exemption. A. CONSENT CALENDAR: Mayor Lilley read the Consent Calendar: 1. DECEMBER Ill 1990 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT NOVEMBER 1990 3. FINANCE DIRECTOR'S REPORT - NOVEMBER 1990 4. ORDINANCE NO. 215,- AMENDING MAPS 61 16 & 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY IN THE DOWNTOWN AND AMENDING THE ZONING ORDINANCE TEXT TO IMPLEMENT THE "DOWNTOWN ELEMENT" OF THE CITY'S GENERAL PLAN (Second Reading & Adoption) (Cont'd from 12/11/90) S. ORDINANCE NO. 216 - AMENDING THE ATASCADERO SUBDIVISION ORDINANCE BY ADDING PROVISIONS REGULATING THE CONVERSION OF MULTIPLE -FAMILY RENTAL ROUSING UNITS TO CONDOMINIUMS (Second Reading & Adoption) (Cont'd from 12/11/90) 6. ORDINANCE NO. 213 - ESTABLISHING BACKYARD BURNING RESTRICTIONS BY ADDING CHAPTER 7 TO TITLE S OF THE ATASCADERO MUNICIPAL CODE (Second Reading & Adoption) (Cont'd from 12/11/90) 7. TENTATIVE TRACT MAP 22-90, 9305 MUSSELMAN - Consideration to convert an existing nine -unit multiple family project into airspace condominiums (Shahan/North Coast Engineering) 8. TENTATIVE TRACT MAP 23-90, 9313-9327 MUSSELMAN - Request for subdivision of one existing lot into eight air -space condo- miniums and a common area (Smith/Cuesta Engineering) 9. TENTATIVE TRACT MAP 24-90, 2100 EL CAMINO REAL - Subdivision of three existing lots of 3.24 acres into 33 lots with sizes ranging from 1,100 square feet to 90,350 square feet (including one common lot) (Del Rio Center) (Voorhis/Mitsuoka) 10. RESOLUTION NO. 1-91 - SUPPORTING LEAGUE OF CALIFORNIA CITIES EFFORTS TO REPEAL SB -2557 Councilwoman Borgeson pulled item ,#A-1, Minutes of December 11, 1990, and requested two amendments. The Clerk noted the corrections. Mayor Lilley acknowledged the City Treasurer, who made minor CC01/08/91 Page 2 adjustments to item #A-2. Councilwoman Borgeson asked that item #A-9 be pulled for further discussion. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve the Consent Calendar with noted revisions and with the exception of item #A-9; motion carried. 9. TENTATIVE TRACT MAP 24-90, 2100 EL CAMINO REAL - Subdivision of three existing lots of 3.24 acres into 33 lots with sizes ranging from 1,100 square feet to 90,350 square feet (including one common lot) (Del Rio Center) (Voorhis/Mitsuoka) Councilwoman Borgeson objected to the lot sizes of the project and asked the Community Development Director to sum up the intent of the CPK zone. She declared that, if passed, the development would conflict with the General Plan and that it would represent a radical departure from past actions. Mr. Engen noted that lot lines would be created and that there would be C.C.&R.'s and an owners' association. He clarified that the industrial project would be run as planned development, with each lot being owned individually. Councilman Shiers concurred with Councilwoman Borgeson and stated that the project would not ref lect the type of use the zone was created for. Mayor Lilley and Councilman Dexter both commented that they were in support of the subdivision. Councilman Nimmo suggested that the matter of economics as it relates to the General Plan be looked at as part of the update. Councilwoman Borgeson proclaimed that if the tract map is approved, a precedent will be set; one which deviates from the two -acre minimum of the CPK zone. MOTION: By Councilman Nimmo and seconded by Mayor Lilley to approve item #A-9, Tentative Tract Map 24-90; motion carried 3:2 with Councilmembers Borgeson and Shiers opposing. B. HEARINGS/APPEARANCES: Mayor Lilley noted that the City Attorney had requested that Council recess proceedings to a closed session for discussion regarding potential litigation involving the CEQA (California Environmental Quality Act) process and indicated that, although inconvenient for the public, it was timely in light of matters on the agenda. CC01/08/91 Page 3 MOTION: By Councilman Nimmo and seconded by Councilman Dexter to recess to closed for the purposes of discussing potential litigation regarding the CEQA process; motion unanimously carried. Council recessed to closed session at approximately 7:35 p.m. The closed session was adjourned at 8:15 p.m. and the open session continued. Mayor Lilley reported that during the closed session, Council had reviewed an opinion prepared by the City Attorney as to the applicability of CEQA and as it may bear on the following two agenda items. This determination, he indicated, was available to the applicants and appellant. The mayor explained that the City Attorney had recommended that both items #B -1(a) & (b) and #B -2(a) & (b) be continued to give all parties time to respond to the opinion. Mr. Montandon advised that the tree removal request and the appeal of a negative declaration on the Ardilla Road extension be continued for two weeks. He recommended that the San Marcos Road extension tree removal request and appeal be continued until the second week in February. Mayor Lilley asked if the applicants or appellant had any objections to continuing the matter. Joan O'Keefe responded that during the recess she had filed documents with the City Clerk and had prepared a statement she wished to read into the record. The mayor indicated, because of the request to continue, that he preferred Mrs. O'Keefe hold her comments and asked again whether she had any objection to continuing the matter. Mrs. O'Keefe clarified that she had just received additional information relating to the matter and that she wanted the opportunity to make them part of the record. Mayor Lilley noted that the Clerk had distributed the documents to the members of the Council and assured that they would become part of the public record. Councilwoman Borgeson observed that the appellant was not asking that the public hearing be opened and requested that Mrs. O'Keefe be given the opportunity to address the Council. Councilman Dexter and Councilman Nimmo concurred that it would be to the advantage of all concerned to continue the matter and postpone any testimony related to the matter. Councilman Shiers indicated that he did not mind if Mrs. O'Keefe made her statement and that it could be considered separate from the public hearing. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to continue both hearing matters; Item #B-1(a)&(b) to January 22, 1991 and Item #B-2(a)&(b) to February 26, 1991; motion unanimously carried. CCo1/08/91 Page 4 1. TREE REMOVAL REQUEST, ARDILLA ROAD EXTENSION (Continued from 11/27/90) A. Appeal of Negative Declaration (Joan O'Keefe) B. Tree removals for road extension Continued (see above motion). 2. TREE REMOVAL REQUEST, SAN MARCOS ROAD EXTENSION A. Appeal of Negative Declaration (Joan O'Keefe) B. Tree removals for road extension Continued (see above motion). C. REGULAR BUSINESS: 1. LAKE PAVILION DESIGN/BIDDING STATUS Andy Takata gave background on the bidding status of the Lake Park Pavilion. He indicated that the final estimate from the architect was higher than had been anticipated. He then introduced Steve Lang of Recreation Systems, Inc. who reviewed the cost breakdown, off-site improvements and factors that had contributed to the increase in expected costs. In addition, he presented construction alternatives and emphasized that the bidding climate was currently very favorable. Mr. Lang explained that the building, because of necessary support structure, would gain an additional room in the basement. Councilwoman Borgeson questioned the architect about this matter. Councilman Dexter inquired whether or not the project was ready to go to bid. Mr. Takata indicated that the plans had completed the plan check process and could be taken to bid in approximately two weeks. He added that if Council chose alternative layouts, the bidding process would be delayed while the architect drew up revised plans. Mr. Lang suggested that costs be cut by reducing the size of the main room (Assembly Room #2). Councilwoman Borgeson suggested that, in exchange, the room in the basement could be used for small meetings. Councilman Nimmo stated that he was not prepared to start scaling down the project. He indicated that the community has certain expectations of the Pavilion and advocated going out to bid with the plan as it is. He added that he wanted to know what the actual costs will be. Additional discussion ensued. Members of the Council expressed concern for the redesign process. Mr. Lang could not commit to a time frame for completion of alternative design plans, but CC01/08/91 Page 5 indicated that it would be nothing less than one month. He emphasized that if Council waits to go out to bid, the bidding climate may change. Councilman Dexter asserted that the community deserves a quality building and agreed with Councilman Nimmo that the project should go to bid. Andy Takata cautioned against going to bid unless the Council was truly committed to the design. He reported that he had received calls from firms throughout the state who were interested in bidding on the project and stressed the importance of getting the best possible bid. The Public Works Director pointed out that a contingency had not been built into the numbers presented by Mr. Lang. He also explained that, in terms of timing, staff had geared up for this large project by arranging contractual construction, inspection and management. Mr. Luke indicated that if the work is delayed, additional time to re -start the project will be necessary. Councilwoman Borgeson expressed desire for a compromise design and remarked that this would allow the option of getting two separate bids for consideration. Mark Joseph, Administrative Services Director, explained that the estimated cost of Phase I (demolition of the old pavilion, grading and retaining wall construction) had been $150,000. The work had been completed for $128,000; which represented a savings of 15%. Mr. Joseph indicated that this savings could be carried over and outlined additional sources of revenue. In addition, he speculated that a delay of two to three months could result in additional expenses and suggested that Council go to bid. Public Comments: Eric Greening, 7365 Valle, proposed that the additional room in basement be used by another unmet need that would require funding elsewhere. He suggested such a use might be a meeting place for local teens. Lon Allan, representing the Friends of the Lake Pavilion, urged Council to go out to bid on the building and see what they get. He remarked that off-site improvements could either be postponed or be completed by volunteers. Mr. Allan noted that fundraising efforts had resulted in $60,000 in the bank with an additional pledge of $25,000. In addition, he explained that Assembly Room #2 had been given a name and indicated that he was not in support of revising the floor plan. R.J. Ray, 5545 Vita, spoke in support of moving forward with the project. CC01/08/91 Page 6 Whitey Thorpe, 8025 Santa Ynez, proclaimed that he was confused about the reported 15% and the 20% overrun. Mark Joseph clarified that the 15% figure represented an actual savings on the Phase I project, while the estimate of going 20% over budget on Phase II was speculation. Following the response from the Administrative Services Director, Mr. Thorpe suggested that Council go out to bid on the project and keep a watchful eye on the architect and overruns. Mayor Lilley called for a recess at 9:30 p.m. The meeting reconvened at 9:45 p.m. Councilwoman Borgeson stated that the Council had few options and asserted that the architectural firm had misled them. Following those comments, she made the following motion: MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to send the project out to bid eliminating the off-site improvements. Discussion of the motion: Councilwoman Borgeson expounded that the deletion of certain off- site improvements was one of the cost-saving alternatives specified by the architect. She noted that those improvements might later be picked up by community groups, as suggested by Lon Allan. Mr. Lang pointed out that the current plan was drawn up with the off-site improvements as a deductive alternate and can be bid in that way. The mayor clarified that the bid will include incorporating the deductive alternates and called for a vote on the motion; Notion to go out to bid on the Pavilion Phase II unanimously passed. The Administrative services Director requested, because of the presence of members of the auditor's firm, that Item #C-5 be moved up for discussion. He clarified for Council that there were no recommendations other than those already in the staff report. NOTION: By Councilwoman Borgeson and seconded by Councilman Nimmo to move Item #C-5 up; motion carried. 5. ACCEPTANCE OF FISCAL YEAR 1989-90 AUDIT REPORT AND FINDINGS Councilman Nimmo pointed out that there had been transfers made from enterprise funds; specifically from the Sanitation Fund to the General Fund. He asked if this was a common procedure. Mr. Joseph confirmed that this indeed was normal proceedings and CCO1/08/91 Page 7 explained that an enterprise fund, such as the Sanitation Fund, reimburses the General Fund for providing it with accounting, payroll, personnel and other services. He added that Crawford, Multari, and Starr had recommended this type of procedure to ensure that the City gets all it can from it's General Fund. There were no public comments. MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to accept the 1989-90 Audit Report and Findings; motion unanimously carried by roll call vote. Mayor Lilley returned to Item C-2, as calendared. 2. WATER STUDY CONSULTANT SELECTION Greg Luke, Public Works Director, reported that Council had directed staff to solicit bids from qualified consultants to study the long-term dependable yield of the groundwater basin in the vicinity of the Atascadero Mutual Water Company's well field. He explained that he had solicited responsive bids from three firms, had received two proposals and was recommending that Council award the contract to Boyle Engineering. Brief questions followed relating to the request for proposals and the responding firms' qualifications. Councilman Nimmo noted that he had opposed the expenditure from the beginning and reported that Crawford, Multari & Starr would be looking at this issue as part of the General Plan Environmental Impact Report. Councilwoman Borgeson and Councilman Shiers agreed that an independent study was needed. The mayor concurred with the staff's recommendation and proposed that the expense be shared with the Water Company. Public Comments: R.J. Ray, 5545 Vita, asked whether an outline had been made and presented to the prospective consultants. He asserted that the City will be paying for data which it already has. He explained that as a past water district manager he believed that the information could be gathered by calling upon governmental geological services, state hydrologists, the Corp of Engineers and others Whitey Thorpe, agreeing with the previous speaker, stated that staff can put together the information that is needed by researching records that are already available. Mr. Ray addressed the Council once again and suggested that local CC01/08/91 Page 8 retired engineers might be asked to volunteer their time and knowledge to provide the City with the information it seeks. Lengthy Council discussion followed relating to inviting Atascadero Mutual Water Company to share in the cost and results of the water study. Councilman Dexter suggested that the Water Company be given the opportunity to participate in the selection of the consultant. Councilwoman Borgeson reiterated that the study should be completely independent. She noted that she would go along with asking the Atascadero Mutual Water Company to share the cost and benefits of the study but was not supportive of the Water Company's involvement in selecting the consultant. Councilman Shiers agreed that he, too, did not want the Water Company to share in the selection process. He added that in this time of budget overruns, he would tend to support awarding the contract to The Morro Group, who had come in with a lower cost proposal. There was consensus among the Council that both consultant firms were equally qualified to perform the work. MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson; to invite the Atascadero Mutual Water Company to participate with the City in sharing the cost and results of a water study conducted by The Morro Group; and prior to awarding the contract, staff be directed to come back at the next meeting with acknowledgement of the Atascadero Mutual Water Company's position; motion carried 4:1 with Councilman Nimmo voting in opposition. 3. AUTHORIZATION TO AWARD CONSULTANT CONTRACT TO UNDERTAKE GENERAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT Henry Engen gave the staff report recommending that the City Council accept the proposal of Crawford, Multari, and Starr to undertake the General Plan Update Environment Impact Report. He explained that he had sought proposals from four firms and that two had responded. Mr. Engen summarized the differences in the two proposals and outlined the anticipated time line and public hearing process. Questions and brief discussion followed. Councilman Nimmo indicated that he was troubled by the fact that there had been only four firms who were qualified to complete an E.I.R.; and that there had been only two responses. He stated that although he believed Crawford, Multari, and Starr could perform the work, he would not support awarding the contract for preparation of the E.I.R. He proclaimed that the basis for the E.I.R. had already been formulated by a subcommittee and the result would be an E.I.R. that has locked in to it policy statements that have never been CC01/08/91 Page 9 exposed to public hearing or been approved by the City Council. Mr. Nimmo also opposed to the firm's use of consultant services rendered by John Wallace and Associates. Councilwoman Borgeson, as a member of the General Plan Subcommittee, described the recommendation process as democratic and stated that it was time to continue that process by authorizing the E.I.R. Councilman Nimmo reiterated that he had not had any input into the Draft General Plan Update and he opposed strongly to controversial policy decisions embedded into the E.I.R. Henry Engen interjected that the Draft General Plan Update is a document that is evaluated, taken to hearing and experience change. He indicated that it was a CEQA requirement to do an E.I.R. as early in the process as possible and that it would be advantageous to prepare a broad-based E.I.R. as it will have to respond to the changes in the General Plan Update. The City Attorney advised that workshop meetings can be held to determine the scope of an E.I.R., but the official General Plan hearings required by the government code cannot be conducted without the environmental review. He added that if the scope of the proposed E.I.R. is broad enough, changes can take place at the Council and Commission level and still be encompassed in the original document. Councilman Shiers indicated that he favored going ahead with awarding the contract even though there were not many firms to chose from. Councilwoman Borgeson concurred. MOTION: By Councilman Shiers and seconded by Councilwoman Borgeson to accept the proposal of Crawford, Multari, and Starr with Option A for traffic impact analysis together with appropriating an additional $15,000 to cover costs of the work; motion carried 4:1 with Councilman Nimmo in opposition. 4. SEPERADO/CAYUCOS ASSESSMENT DISTRICT NO. 4 - DEFERRED FEES The City Attorney gave an overview of his staff report and recommended that property owners who had not paid the $850.00 annexation fee be given a specific due date to pay the fee. He advised that after a noticed public hearing a payment plan, including interest, could be scheduled by the City Council. Councilwoman Borgeson inquired as to the City's legal authority to assess interest and collect the fees. Mr. Montandon advised that Council could place on an agenda a Resolution of Intent and an ordinance allowing payments and interest. Councilwoman Borgeson expressed support for an easy payment plan. CC01/08/91 Page 10 The City Attorney recommended that property owners be given until the end of June 1991 to pay the deferred fees. He reported that the fees could not be placed onto the County tax rolls until January of 1992 and advised that if payment had not been received by the suggested date, the procedure of assessing the properties begin. Installment payments, he suggested, could be spread out over a five year period at an interest rate of approximately 8.5% to 9%. By Council consensus property owners in the Seperado/Cayucos Assessment District were given until July 1, 1991 to pay the deferred $85-0-.-00 -annexation fee. It was agreed that if fees were not paid by this date, staff would be directed to begin the process of assessment and collection. MOTION: By Councilman Dexter and seconded by Councilman Shiers to extend the meeting past 11:00 p.m.; motion carried. 6. AUTHORIZE TWO-YEAR EXTENSION OF CITY AUDITOR'S CONTRACT Mark Joseph presented the staff report and recommended that Council extend the contract with the current auditing firm of Glenn, Phillips & Bryson. Councilman Shiers announced that he was in agreement with staff's recommendation and made the following motion: MOTION: By Councilman Shiers and seconded by Councilman Dexter to extend by two years the existing contract with Glenn, Phillips & Bryson to provide audit services for the City of Atascadero; motion unanimously carried. Mayor Lilley thanked the consultants for their assistance to the Finance Committee. 7. ATASCADERO LAKE PARR - POTENTIAL PROPERTY PURCHASE MOTION: By Councilman Dexter and seconded by Councilman Nimmo to direct staff to schedule a closed session to discuss the matter of potential property purchase in the area of the Lake Park; motion carried. S. APPLICATIONS FOR TRAFFIC COMMITTEE AND EX -OFFICIO STUDENT REPRESENTATIVES (Continued from 12/11/90) The City Clerk presented background and asked Council for direction. Brief discussion followed relating to the Traffic Committee applicants. Councilwoman Borgeson indicated that she wanted to the opportunity to interview each of them. Council agreed to interview the four applicants for Traffic CC01/08/91 Page 11 Committee and asked the Clerk to schedule the interviews, if possible, on the same day as the closed session for discussion on possible property purchase (see previous item). Council appointed the following youth representatives: Natalie Regoli - Recycling Committee Lindsey Hays - Traffic Committee Belinda Wiley - Parks & Recreation Commission Nathan Koren - Student Alternate to the Parks & Recreation Commission D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. city council: A. Committee Reports (The following represents ad hoc or standing committees. Informative status reports were given, as felt follows.): 1. City/School Committee - Henry Engen reported that the committee would be meeting on January 24, 1991 at 1:30 p.m. and indicated that minutes from the last meeting were included in the agenda packet. Councilwoman Borgeson requested that Council receive a full -up report on possible gang presence in the City. Chief McHale reported that his department was looking into the matter and stated that the City has not been singled out. The Police Chief stated that there were some unknowns to consider, but assured the Council that they, as well as the community, will be kept informed. 2. Interim Sign Committee - Mayor Lilley reported that a joint meeting with the Chamber of Commerce would soon be set and that it was hopeful that agreement might be reached on a theme for the downtown. 2. North Coastal Transit/S.L.O. Area Coordinating Council Councilwoman Borgeson reported that the Area Council had met on January 9, 1991 and presented an overview of the issues being addressed. She reminded the Councilmembers that the minutes of those meetings were mailed out to them. 4. Solid/Hazardous Waste Mgmt. Committee - Councilman Nimmo announced the next meeting date as January 9, 1991 and indicated that the Public Works Director would be in attendance. S. Recycling Committee - Councilman Shiers announced that the committee had met just before Christmas and had discussed the Christmas Tree Recycling Program. He CC01/08/91 Page 12 1 reported that the program had been successful and that the committee would be looking at other matters relating to green waste at their next meeting, January 10, 1991. 2. City Attorney - No additional report. 3. City Clerk The City Clerk gave a brief report on her recent attendance at the League of California Cities' New Law and Election seminar in Costa Mesa, California. In addition, she apprised the Council on her educational endeavors and new associations with professional organizations. The Clerk's Office, she added, had also acquired equipment that would enable the Council, staff and community to listen to or copy tapes of meetings held at City Hall. 4. City Treasurer Ms. Korba reported that the Treasurer's Report had received a few changes in format and indicated that additional revision could be expected. She explained that she would keep the Council abreast. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adjourn the meeting; motion carried. THE MEETING WAS ADJOURNED AT 11:30 P.M. THE NEXT REGULAR MEETING OF THE CITY COUNCIL WILL BE JANUARY 22, 1991. MINUTES RECORDED AND PREPARED BY: DAY ' : — City Cles CC01/08/91 Page 13