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HomeMy WebLinkAboutMinutes 051491 MEETING AGENDA DATE_V.2 ,L9.L ITEM! B?:.... 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. CC5/14/91 Page 1 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 CCS/14/91 Page 2 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 CC5/14/91 Page 3 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. CC5/14/91 Page 4 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. CC5/14/91 Page 5 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 CC5/14/91 Page 6 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 CC5/14/91 Page 7 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 CC5/14/91 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. CC5/14/91 Page 9 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) CC5/14/91 Page 10 CC5/14/91 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. ` CC5/14/91 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,