HomeMy WebLinkAboutMinutes 051491 MEETING AGENDA
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ATASCADERO CITY COUNCIL
MINUTES
MAY 14, 1991
A closed session of the City Council was called to order at 6:00
p.m. by Mayor Robert Lilley for discussions relating to personnel
and salary negotiations and to receive a status report regarding
negotiations for purchasing the E.G. Lewis desk. At 7:05 p.m. , the
following motion was made:
MOTION: By Councilman Dexter, seconded by Councilman Nimmo to
adjourn into open session; motion unanimously carried.
Mayor Lilley asked for a recess of approximately seven minutes. At
7:12 p.m. , he called the regular, open meeting to order. Council-
man Dexter led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Borgeson, Nimmo, Shiers, Dexter
and Mayor Lilley
Absent: None
Also Present: Muriel Korba, City Treasurer and Lee Dayka,
City Clerk
Staff Present: Ray Windsor, City Manager; Mary Gayle,
Assistant City Attorney; Mark Joseph,
Administrative Services Director; Henry Engen,
Community Development Director; Greg Luke,
Public Works Director; Andy Takata, Community
Services Director; Bud McHale, Police Chief
and Rob Malone, Junior Engineer
COUNCIL COMMENT:
Councilwoman Borgeson reported that she had received a call from a
constituent regarding the appeal process. He had requested that
Council consider, as an alternative, accepting signatures on a
petition in lieu of the present fee of $100 for appeals.
PROCLAMATION:
Mayor Lilley read the proclamation for "California Peace Day", May
19, 1991.
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Presentation by Mary Gayle, Burke, Williams & Sorensen, Esq. , on
study of the feasibility of accepting Atascadero Colony Roads
Mary Gayle, Assistant City Attorney, acknowledged the presence of
Jalynne Giles, attorney representing Wells Fargo Bank in the matter
of establishing ownership of certain "Colony" roads in Atascadero.
She gave an overview of the history leading to the current status
and requested Council give her authorization to continue research.
She reported that she expected she would need an additional forty
to fifty hours to complete the inquiry, but anticipated that she
could have a full report to Council by June 30, 1991, at the
latest.
MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson
to authorize Mary Gayle to proceed with the
investigations she is conducting regarding the so-called,
"Colony " roads; motion carried 5:0 by roll call vote.
Ms. Gayle noted that although the written report was marked
"Confidential", the Council was at liberty to disclose it if they
so chose.
By common consensus, the City Council agreed to release Ms.
Gayle's report to the public. (Said report is on file with
the City Clerk) .
COMMUNITY FORUM:
The public was given the opportunity to speak on matters not on the
agenda. There were no comments.
A. COMMITTEE REPORTS (The following represents ad hoc or standing
committees. Informative status reports were given, as
follows. ) :
1. S.L.O. Area Coordinating Council/North Coastal Transit -
Councilwoman Borgeson reported that the North Coastal
Transit would met on May 15, 1991 in the morning. She
provided an overview of the agenda and recommendations to
made by the North Coastal Transit Authority regarding
dialysis treatment transportation, fixed route and Run-
About services, Route 7 funding distribution and the
operating budget. SLOACC, she explained, would meet in
the afternoon and would be electing new officers, looking
at transportation funding matters and regional housing
needs. Additionally, Ms. Borgeson noted that she was
open to receive comments and would take them with her to
the meeting.
2. Solid/Hazardous Waste Management Committee - Councilman
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Nimmo reported that the committee had met and discussed
the preliminary drafts of the special waste/educa-
tion/public information disposal facility capacity
studies for each of the cities in the County. He also
reported that the committee had recommended approval of
the County's request to increase tipping fees from $1/to
to $3/ton in an effort to cover costs of implementing the
source reduction and recycling elements of AB939.
3. Recycling Committee - Councilman Shiers reported that
this committee had met twice the past month, had elected
new officers and drawn up a budget, were conducting
educational seminars and have established a "recycling
hotline" . He also described results of the pilot "green
waste" pick-up program and indicated that the committee
would be doing a follow-up telephone survey to receive
feedback from participants.
4. Economic Opportunity Commission - Councilman Dexter
related that the board had met on the 16th of May and had
shared concerns regarding the homeless shelter.
5. City/School Committee - Councilman Dexter announced the
next meeting would be on May 25, 1991.
6. Traffic Committee - Councilman Dexter reported that this
committee would be meeting on the following day and would
be addressing seven new items of business.
7. Downtown Interim Sign Committee - Mayor Lilley reported
that he would giving a full report later during the
meeting. (See Item D-1)
8. County Water Advisory Board - Councilwoman Borgeson
explained that the board had met and received a
presentation from the Cattlemen's Association, who had
requested that the community be polled on the issue of
"State water" . She indicated that because the matter was
not on the agenda, no action was taken.
9. Economic Round Table Mayor Lilley stated that an
"economic retreat" to focus on the tasks of the committee
was being planned. Expenses for this, he explained,
would be absorbed by PG&E, and not by public funds.
B. CONSENT CALENDAR:
The Consent Calendar was presented as follows:
1. APRIL 9, 1991 CITY COUNCIL MINUTES
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2. APRIL 23, 1991 CITY COUNCIL MINUTES
3. GENERAL PLAN CONFORMITY REPORT- CONSIDERATION OF PLANNING
COMMISSION'S REPORT ON ACQUISITION OF STADIUM PARK
4. TENTATIVE PARCEL MAP 24-88, 8005 SAN GABRIEL - Subdivision of
two lots of 9.35 acres into three parcels containing 2.50,
2.50 and 4.35 acres (Kenney/Stewart)
5. RESOLUTION NO. 36-91 - AUTHORIZING CITY ACCOUNT WITH ORANGE
COUNTY'S INVESTMENT POOL
6. RESOLUTION NO. 38-91 - AUTHORIZING PHASE II OF CRAWFORD, MUL-
TARI & STARR STUDY: FISCAL IMPACT MODEL
7. RESOLUTION NO. 39-91 APPROVING LEASE/PURCHASE AGREEMENT WITH
VALLEY BANK LEASING FOR THE PURCHASE OF CAPITAL EQUIPMENT
8. RESOLUTION NO. 40-91 - AUTHORIZING PARTICIPATION IN THE GREAT
WESTERN BANK DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES
9. RESOLUTION NO. 37-91 - ADOPTING A CITY-WIDE SAFETY PROGRAM,
PURSUANT TO SB 198
10. CHANGE ORDER RE: PARKING LOT, FIRE STATION #1
Tom Bench, Atascadero resident, asked that item #A-3 be pulled.
The City Treasurer pulled item #A-6
MOTION: By Councilman Nimmo and seconded by Councilman Dexter to
approve the Consent Calendar, absent items #A-3, and #A-
6; motion carried 5:0 by roll call vote.
3. GENERAL PLAN CONFORMITY REPORT - CONSIDERATION OF PLANNING
COMMISSION'S REPORT ON ACQUISITION OF STADIUM PARK
Tom Bench, 7503 Carmelita, commended the Council for considering
the purchase of Stadium Park and indicated that he was supportive.
He added that he hoped the Council did not pay the full asking
price for the property.
Henry Engen, Community Development Director, pointed out a
correction to the staff report. He clarified that there had been
a prior map submitted that has been withdrawn and that no
consideration is being given for a re-zoning, as referenced.
Ray Jansen, 6655 County Club Drive indicated that he, too, was in
support of the acquisition and urged Council to move to purchase.
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Lindsey Hampton, 8205 Alta Vista, announced that she represented
the Atascadero Land Preservation Society, a non-profit
organization. She read a prepared statement (see Exhibit A)
encouraging swift and decisive action and pledged support for any
fund-raising activities that may be needed in order to acquire the
site for the community.
The City Clerk read a letter of support from Livia Kellerman who
resides at 5463 Honda (see Exhibit B) .
Councilman Dexter asked what commitment would be made if Council
accepts the Planning Commission's report. The City Manager
indicated that it was a step in a process that Council had already
authorized when they had decided to pursue the matter. An
additional appraisal would be necessary, as well as a future closed
session to make the ultimate decision on how the City would
proceed.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to accept the Planning Commission' s report finding
that acquisition of Stadium Park by the City of
Atascadero for the purpose of maintaining the property' s
natural state or to ensure that use of the property is
limited to parkland and/or low-intensity recreation would
be consistent with the City's General Plan; motion
carried unanimously by voice vote.
6. RESOLUTION NO. 38-91 - AUTHORIZING PHASE II OF CRAWFORD, MUL-
TARI & STARR STUDY: FISCAL IMPACT MODEL
City Treasurer, Micki Korba, stated that she had some concerns
about the method in which the cost of $22,000 would be charged.
She asked that the matter be postponed until staff had the
opportunity to research whether or not it is legal to charge the
study cost to developer fees. Councilwoman Borgeson noted that she
shared the same concern.
Mark Joseph, Administrative Services Director, responded that a
portion of the first phase study was charged to the developer fees
and that it was found to be an appropriate charge. The full cost
of the second phase, he reported, is being proposed to be charged
to developer fees because the purpose is to analyze the fiscal
impacts of new development. Mr. Joseph explained that the
rationale had not been formally approved by the City Attorney.
The City Manager indicated that the work was not anticipated to
begin for at least one month and suggested that Council continue
the matter until the City Attorney had an opportunity to provide a
memo to clarify the question.
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MOTION: By Councilman Dexter and seconded by Councilwoman
Borgeson to continue the matter subject to receipt of a
memo from the City Attorney; motion carried unanimously.
The Mayor suggested that item #D-2 be advanced. Council concurred.
D. REGULAR BUSINESS:
2. RESOLUTION NO. 39-91 - APPOINTMENT TO FILL VACANCY ON BUILDING
& CONSTRUCTION BOARD OF APPEALS
Henry Engen gave the staff report recommending that Council
appoint, by resolution, Mr. Michael Sherer to the Building and
Construction Board of Appeals.
Councilwoman Borgeson indicated that she believed that Mr. Sherer
was not a licensed general contractor adding that she was not
comfortable with the fact that only one party had applied.
The City Clerk explained the advertising process.
Councilman Dexter remarked that Mr. Sherer's application stated
that he was a licensed contractor and he indicated that he wanted
clarification whether or not the applicant must be licensed.
Councilman Nimmo asserted that he believed the applicant was
qualified for the job. Councilman Shiers also asked for
clarification on the licensing matter.
Public Comment:
Michael Sherer, applicant, explained that he was personally duly
licensed as a general contractor and that his corporation was also
licensed. He further explained that he currently had both licenses
on an inactive status, but that by remitting appropriate fees he
could bring that status to active. He offered to let the Council
examine his pocket State license which hewascarrying.
Mayor Lilley pointed out that Ordinance No. 44 establishing the
Board of Appeals did not specify that the contractor must be
licensed.
Councilwoman Borgeson suggested that in the future, applicants be
asked to submit references.
Councilman Dexter indicated that in light of Mr. Sherer's comments,
he no longer had any questions.
MOTION: By Councilman Nimmo, seconded by Councilman Dexter to
adopt the resolution appointing Michael Sherer to the
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Building and Construction Board of Appeals; motion
carried 3:2 with Councilmembers Shiers and Borgeson
opposing.
C. HEARINGSIAPPEARANCES:
1. C.U.P. 01-91 - APPEAL OF PLANNING COMMISSION CONDITIONS OF
APPROVAL TO PERMIT EXPANSION OF ATASCADERO CARD PARLOUR, 5950
EL CAMINO REAL
Henry Engen presented the staff report and recommendation.
Sake Reindersma, applicant's representative, gave an overview of
the grounds for the appeal. He reported that the applicant felt it
would be a financial hardship to hire a graphics designer to devise
the card parlour's sign. Additionally, the applicant objected to
the mandate of removing a storage building currently located to the
rear of the property. He asked that parking requirements be met in
another manner.
Mr. Engen clarified that an architect was accepted as a graphics
designer.
Brief Council comments followed. Mayor Lilley stated that the City
must strive for more well-organized parking. Councilwoman Borgeson
asserted that she did not believe the parlour was an appropriate
use in the downtown. Councilman Shiers also concurred with the
Planning Commission's conditions regarding parking, noting that the
change in occupancy had triggered the increase in parking.
Councilman Dexter remarked that the applicant should meet the new
conditions.
NOTION: By Councilwoman Borgeson and seconded by Councilman
Dexter to deny the appeal and uphold the Planning
Commission's Findings and Conditions of Approval; motion
unanimously carried.
2. SAN MARCOS ROAD EXTENSION —TREE REMOVAL REQUEST (cont'd from
2/26/91)
Mr. Engen presented the staff report but noted that the applicant
had withdrawn and there was now nothing to appeal.
Councilman Shiers stated that the appeal fee should be returned to
the applicant. Councilwoman Borgeson agreed.
Councilman Nimmo referred to staff's recommendation to require an
environmental impact report on the original application and
asserted that he would not vote to require an EIR. He then asked
for clarification of the recommended action and whether or not it
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would be to advise staff to require an EIR on any future
submission. The mayor emphasized that Council would not be taking
such action. Mary Gayle concurred.
MOTION: By Councilman Shiers and seconded by Councilwoman
Borgeson to refund the appeal fee to the appellant, Joan
O'Keefe; motion carried.
ACTION ON CLOSED SESSION ITEM:
The City Manager asked Council to put on record action taken during
the closed session relating to the E.G. Lewis desk.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to authorize the purchase, subject to a confirming
appraisal, of E.G. Lewis' desk under the terms outlined
as follows: (1) payment of one-third down ($4,333.33) ,
(2) authorize six payments, over six months, of $1,444.45
per month and (3) authorize staff to work with a
community fundraising effort to pay one-half ($722. 12) of
each month's payment. If this amount is not raised, then
the matter is to be brought back to the City Council;
motion unanimously carried 5:0 by roll call vote.
Councilwoman Borgeson reported that the desk was especially lovely
and was of historic significance to the community because it had
belonged to the founder of Atascadero. She further indicated that
she would head up fund raising efforts to help subsidize the
purchase.
At 8:50 p.m. Mayor Lilley called for a recess. The meeting recon-
vened at 9:10 p.m.
Mayor Lilley noted the presence of Joan O'Keefe who asked if she
and others present could comment on the previous appeal matter
relating to San Marcos Road extension. The mayor responded that
the item, because of the applicant' s withdrawal, was not before the
Council.
D. REGULAR BUSINESS:
1. DOWNTOWN INTERIM SIGN COMMITTEE REPORT (Mayor Lilley)
Mayor Lilley recognized other members of the Downtown Interim Sign
Committee and gave an extensive presentation regarding signage in
the Atascadero Colony Business District. The mayor acknowledged
the presence of Rob Malone, Junior Engineer, who had prepared
drawings depicting a proposed 1920's theme with a variety of
coordinating awning and sign designs in a matching color scheme.
Further, Mayor Lilley reported that conceptual approval for a
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Page 8
financial/loan program had been given by both Mid State Bank and
Santa Lucia Bank.
Mayor Lilley made the following recommendations: (1) to direct
staff to develop a separate ordinance for the Atascadero Colony
Business District (downtown) and bring the matter to public hearing
before the Planning Commission and (2) to prepare a booklet to
distribute to business owners in the downtown describing the
proposal in an effort to receive their input. He then polled the
Council to determine if there was support.
Brief, favorable Council comments followed.
Public Comments:
Whitey Thorpe, 8205 Santa Ynez, remarked that he liked the concept.
Eric Greening, 7365 Valle, indicated that he thought the color
scheme to be tasteful and suggested that if Stadium Park becomes a
community gathering site, that the theme be incorporated to invite
and encourage shopping in the downtown.
MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter
to direct staff to develop an ordinance to implement the
downtown plan as proposed by the Downtown Interim Sign
Committee and to prepare a brochure to illustrate and
describe the program; motion unanimously carried.
2. RESOLUTION NO. 39-91 - APPOINTMENT TO FILL VACANCY ON BUILDING
& CONSTRUCTION BOARD OF APPEALS
See pages 5 & 6.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
Mary Gayle requested a closed session for the purpose of conferring
with legal counsel, pursuant to Government Code Section 54956.9(a) ,
regarding litigation entitled, O'Keefe v. City of Atascadero. In
addition, she indicated that, pursuant to Government Code Section
54956.9(b) ( 1) , said closed session would also address matters
relating to litigation regarding John Wallace & Associates.
City Clerk
The Clerk gave a brief report on her attendance at the 1991 Annual
Conference of the California City Clerks' Association held during
the week of April 22-26. In addition, she reported that her office
had been relocated to Room 208, second floor of City Hall.
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City Treasurer
Ms. Korba reported that she had attended the California Municipal
Treasurers' Annual Conference on April 21 & 22 in Palm Springs.
Additional Public Comment:
John Himes, President of the B.I.A. , reported that two more trees
had been purposely broken in the downtown area and announced that
the B.I.A. was offering a $250 reward in an effort to stop needless
vandalism.
MOTION: By Councilman Nimmo and seconded by Councilman Shiers to
adjourn, per the Assistant City Attorney' s request, to
closed session for discussions relating to two matters of
pending litigation; motion unanimously carried.
OPEN SESSION ADJOURNED AT 9:54 P.M.
MOTION: By Councilwoman Borgeson, seconded by Councilman Shiers
to move back into open session and adjourn the meeting;
motion unanimously passed.
MEETING ADJOURNED AT 10:41 P.M.
MINUT 8 RECORDED AND PREPARED BY:
LEE DAYK4, City Olerk
Attachments Exhibit A (Hampton)
Exhibit B (Kellerman)
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From: Livia Kellerman EXHIBIT B
5463 Honda, Atascadero E C
V 114
To: Members of the City Council �CAVE�0
A growing town needs Qi .f.:Lerentt kinds of recreational open space to
meet different needs. We have been very lucky, and wise, to have set
aside Atascadero Luke with its water activites, picnic area and Zoo,
Heilman Park with its golf course and picnicing, and Paloma Creek Park
with its play area, baseball and soccer fields.
We now have an ,2pp= 3�nity to enrich our park system further by
adding Stadium Park. We enrich it because Stadium Park is part of the
history of Atascadero. It also would be a unique park due to its natural
ampitheater configuration. It would lend itself to outdoor chamber music
concerts. In fact that was one of its historical uses, as well as
weddings, dances, shows, archery events; the possibilities are
unlimited.
People in other areas pay lots of money to create what we naturally
have. Think of the outdoor plays in Solvang and other places.
Since the park is close to downtown it would encourage people to
walk from downtown to the park. Events could be created to encourage just
that.
What we have is irreplaceable. Please do not let it be another
thing we are sorry we let ga. Allowing it to be divided up for homes 1z
easy. Keeping it as a park and having it as a unique contribution to cur
area takes v�ision. Please have that vision, and vote to buy the park.
Thank you. `
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EXHIBIT A
To the Atascadero City Council 14 (
ATASCADERO
tTY
EftI am speaking as a representative of the Atascadero LG8Pre-
:ervation rociety, a newly organized, non-profit corporation dedi-
cated to preserving open space through purchase or donation of land.
We support staff's recommendation to acquire Stadium Park in
order to maintain it in its natural State, or to use it as parkland,
or for low-intensity recreation.
Few cities have the opportunity to purchase 26 acres of scenic oak
woodland within walking distance of its downtown. Now is the time to
purchase Stadium Park, before it is lost to development.
We encourage the city council to take swift and decisive action
on this item. historically, the dream of Stadium mark has withstood the
test of time and has consistently been included in the County's and
City's General Plans.
Although we realize the city has other recreational needs,
this may be the city's last opportunity to fulfill a long-teem vision.
Because of the great benefit to be derived by the acquisition of Stadium
Park, the Atascadero Land 'ireservation aociety pledges its support
to assist the city in raising funds for the project.
Sine erly,