HomeMy WebLinkAboutMinutes 052891 ATASCADERO CITY COUNCIL
MINUTES
MAY 28, 1991
Mayor Robert Lilley called the meeting to order at 7:05 p.m.
Councilman Dexter led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Nimmo, Shiers, Dexter and Mayor
Lilley
Absent: Councilwoman Borgeson
Also Present: Muriel Korba, City Treasurer and Lee Dayka,
City Clerk
Staff Present: Ray Windsor, City Manager; Art Montandon, City
Attorney; Mark Joseph, Administrative Services
Director; Steve DeCamp, City Planner; Greg
Luke, Public Works Director; and Bud McHale,
Police Chief
CITY COUNCIL COMMENT:
Mayor Lilley reported that financial help was being solicited to
assist with the Soviet Union Student Exchange Program. He
recognized the City was struggling with a tight economy and asked
staff to look into whether or not aid could be given.
In addition, the mayor indicated that he had received calls in
opposition to the City' s purchase of the "E.G. Lewis Desk" . He
stated that it was his hope that the Council would receive private
and public support for this acquisition. Other members of Council
noted that they, too, had received public comments on this matter.
Introduction of Atascadero City Hall Volunteers
Mayor Lilley introduced and extended a debt of gratitude to the
following citizens who are contributing their time and efforts, on
a volunteer basis, to the City's Information Office:
Martha McCutheon Irene Bishop
Marj Mackey Thelma Tibbals
Sandye Tillson Betty & Jim Terrell
The City Manager acknowledged Alicia Lara, Personnel Coordinator
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and Georgia Ramirez, Administrative Secretary, who had implemented
and are supervising this program.
PROCLAMATION:
Mayor Lilley read the proclamation for Tri-Counties Small Business
Opportunity Day", June 11, 1991.
COMMUNITY FORUM:
There were no public comments.
A. COMMITTEE REPORTS (The following represents ad hoc or standing
committees. Informative status reports were given, as
follows. )
1. Recycling Committee- Councilman Shiers reported that the
committee had met and deferred to Item #C-3 regarding the
Green Waste Recycling Program.
2. Economic Opportunity Commission - Councilman Dexter
indicated that this commission would be hosting a special
recognition program for E.O.C. ' s volunteers in the near
future.
3. City/School Committee - Councilman Dexter reported that
this committee had met and discussed a cooperative effort
to maintain, despite budget cuts, the School
Resource/D.A.R.E. Officer.
4. Traffic Committee - Councilman Dexter gave a brief
overview of the committee' s purpose and reported that
they had met and discussed seven items.
5. Downtown interim Sign Committee - Mayor Lilley reported
that visual and written materials were being put together
in the form of a pamphlet to highlight the committee's
proposal for signing and the use of awnings in the
downtown business district. Input, he said, from
business owner's was being solicited.
6. Economic Round Table - Mayor Lilley announced that
P.G.&E. was hosting a retreat for the purpose of
focussing on the committee's mission on June 8, 1991.
T. Colony Roads Committee- The City Manager indicated that
the Clerk had received and distributed- a status report
from Mary Gayle, Assistant City Attorney (see Exhibit A) .
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Additional Council Comments:
Mayor Lilley announced that he had attended the kick-off of the
county-wide "Designated Driver Program" and reported that a
proclamation recognizing those who were participating in the
program would be on the next agenda.
Councilman Nimmo reported that he had attended a hearing held at
City Hall by the County committee charged with devising the plan
for implementing the collection of developer fees for the County
for capital improvements. He noted that he had voiced opposition
to the County's plan to require the cities to collect additional
building fees imposed for capital improvements that may or may not
be of benefit to the City. The City Manager indicated that the
concept does not sit well with county-wide city managers.
B. CONSENT CALENDAR:
Mayor Lilley read the Consent Calendar as follows:
1. MAY 14, 1991 CITY COUNCIL MINUTES
2. CONSOLIDATED TREASURER'S REPORT - APRIL, 1991
3. REQUEST TO SEEK BIDS FOR WASTEWATER EQUIPMENT REPLACEMENT
4. RESOLUTION NO. 41-91 - ESTABLISHING NEW ROAD NAMES ("PRADO
LANE" AND "CHANDLER LANE") FOR TWO ROADS CURRENTLY NAMED "SAN
RAFAEL COURT" (Road Name Change 01-91)
5. RECONSIDERATION OF THE CONDITIONS OF APPROVAL FOR TENTATIVE
TRACT MAP 22-90
6. MODIFICATION OF CONDITION OF APPROVAL FOR TENTATIVE PARCEL MAP
12-89, 10785 EL CAMINO REAL (Colombo/North Coast Engineering)
7. FISCAL IMPACT MODEL, PHASE II
8. RESOLUTION NO. 43-91 - CREATING A POLICY RELATED TO CAPITAL
PROJECT FUNDING
9. RESOLUTION NO. 44-91 - AUTHORIZING MODIFICATIONS TO AGREEMENTS
WITH JOHN WALLACE & ASSOCIATES REGARDING PROFESSIONAL SERVICES
PROVIDED FOR THE SYCAMORE ROAD BRIDGE AND THE LEWIS AVENUE
BRIDGE PROJECTS
10. AWARD OF BID #91-6 FOR PERFORMANCE OF ANNUAL WEED ABATEMENT
Mayor Lilley pulled Item #7 to receive an opinion from the City
Attorney. The City Manager pulled Item #8 to request a
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continuance. The City Treasurer pulled Item #10 for clarification
of rates.
MOTION: By Councilman Nimmo, seconded by Councilman Shiers to
approve the Consent Calendar, Items #B-1, 21 31 4, 5, 61
and 9; motion carried unanimously by roll call vote.
Re: Item #B-7. FISCAL IMPACT MODEL, PHASE II
Mayor Lilley proposed continuing this matter until the City
Attorney's opinion had been rendered.
MOTION: By Councilman Dexter and seconded by Councilman Nimmo to
continue Item #B-7; motion carried 4:0.
Re: Item#B-8. RESOLUTION NO. 43-91 - CREATING A POLICY RELATED
TO CAPITAL PROJECT FUNDING
The City Manager requested continuing this matter until the next
meeting.
MOTION: By Councilman Dexter and seconded by Councilman Shiers to
continue item#B-8 until the next regular meeting; motion
passed 4:0.
Re: Item #B-10. AWARD OF BID #91-6 FOR PERFORMANCE OF ANNUAL WEED
ABATEMENT (Recommendation: To award the contract
for hand work and tractor work to Vines of Life
Landscape Care)
Micki Rorba, City Treasurer, brought attention to the fact that the
apparent low bidder's 1/2 hour rate was lower than the full hourly
rate. The City Manager urged Council to award the bid and direct
staff to clarify the question.
MOTION: By Councilman Nimmo and seconded by Councilman Shiers to
approve the award of the bid subject to clarification of
half-hour/hourly rates and to direct staff to report back
at the next regular meeting; motion carried 4:0 by roll
call vote.
C. HEARINGS/APPEARANCES:
1. ANNUAL WEED ABATEMENT - PROTEST HEARING
Mayor Lilley opened the public hearing.
Public Comments:
Torn Bench, 7503 Carmelita Avenue, objected to the abatement notice
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he had received reporting that he had cut the weeds one week prior
to the inspection. The City Manager indicated that the matter
would be clarified and that he personally would get back in touch
with Mr. Bench.
Paul Miller, resident of Templeton, complained about the previous
year' s abatement. He disputed the administrative charge and the
hourly rate.
MOTION: By Councilman Nimmo, seconded by Councilman Shiers to
order the Fire Chief or his authorized representative to
abate the nuisance of noxious or dangerous weeds on the
lots identified in Resolution No. 30-91; motion
unanimously carried.
2. ZONE CHANGE 03-91 (City of Atascadero)
A. Ordinance No. 222 - Amending Section 9-3.651 (Establish-
ment of Planned Development Overlay Zone No. 7) of the
Zoning Ordinance by the addition of development standards
(Recommend motion to waive reading in full and approve on
first reading by title only. )
Steve DeCamp, City Planner, gave the staff report. He recommended
a change in language in the proposed "Standard H" as follows: "Two
story residences shall have a second floor that is limited to 75i,
of the habitable area of the first floor inclusive of the garage. "
Councilman Nimmo asked Mr. DeCamp whether or not the planned unit
development nearing completion on Sinaloa Avenue would have been
precluded if the 1/2 acre minimum was in force. The City Planner
stated that it would have.
Lengthy discussion followed regarding the proposed half-acre
minimum lot size. Mayor Lilley shared concern for the protection
and preservation of multiple family dwellings. He pondered whether
the Council has the right to impose lifestyle standards and warned
against assuming that all residents desire the amenity of home
ownership.
Responding to a question from Councilman Nimmo on a minimum number
of homes per planned development, Mr. DeCamp suggested a minimum of
four, but indicated that he would prefer six to eight. Mr. Nimmo
proposed that a standard setting the minimum of four homes with the
applicable set-backs be used to dictate the size of lot, rather
than specifying that the lot must be 1/2 acre.
Public Comments:
Warren Miller, 5805 Cascabel, stated that he currently had an
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application pending for a planned unit development. This project,
he said, would be eliminated if the 1/2 acre minimum lot size was
imposed. He opposed this standard because he believed it would
undermine the concept of affordable housing.
Deborah Hollowell, Cuesta Engineering, favored Councilman Nimmo' s
suggestion of using a minimum number of units and was supportive of
the revision to "Standard H", as proposed by staff.
Eric Greening, 7365 Valle, asked that consideration be given for
"meaningful" yard space. He proposed a standard of requiring that
at least one-third of the yard receive at least three hours of
sunlight to ensure yards that can be fully used by the residents.
Whitey Thorpe, 8205 Santa Ynez, opposed the 1/2 acre minimum,
asserting that practicality is more important than a set size.
Council comments followed. Councilman Nimmo stated that he was
prepared to limit units to four, but was no agreeable to setting a
1/2 acre minimum.
Councilman Shiers indicated that he favored the 1/2 acre minimum
lot size for the parent lot because it would protect and preserve
the supply of rental stock. He added that PD's recently built are
not "affordable" .
Councilman Dexter also shared concern for saving the "bank" of
rental housing and asked Mr. DeCamp if a variance or a minimum lot
square footage could be applied. The City Planner advised against
the use of a variance in regard to planned unit developments and
further explained that "Standard G" addresses unit size to lot
size.
Mayor Lilley asserted that the Council is obligated to balance the
rental stock and proclaimed that he was not in favor of the 1/2
acre minimum lot size. He added that he did not have any problems
with all other proposed standards.
Mr. Decamp noted that the 1/2 acre standard is less significant
compared to other standards and if deleted, the ordinance could be
workable.
Mayor Lilley recognized the absence of Councilwoman Borgeson and
entertained a motion to direct staff to prepare an alternative
ordinance deleting the 1/2 acre minimum standard and bring the
matter back when a full Council was present.
MOTION; By Councilman Nimmo and seconded by Councilman Shiers to
continue the matter until the next meeting with an
alternative draft ordinance for further public hearing
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and decision; motion passed unanimously.
The City Manager announced the matter would be again before Council
on June 11, 1991.
3. URGENCY ORDINANCE - UTILITY TRANSMISSION FACILITIES (City
Council-initiated)
A. Ordinance No. 224 - An interim ordinance of the Council
of the City of Atascadero amending the Zoning Ordinance
by requiring Conditional Use Permits for the installation
of certain previously allowed utility transmission facil-
ities within residential zones
(Recommend motion to waive reading in full and adopt on
first reading by title only -- Urgency Ordinance requires
a 4/5 vote)
Mayor Lilley noted that a letter had been received from Wayne E.
Cooper of Pacific Gas & Electric Company outlining their position
regarding jurisdiction to regulate design and site location of
public utility facilities and suggested, in light of this, that the
matter be continued.
The City Manager reported that the reason behind the urgency
ordinance was to give the City something on the books to address
the issue that brought the matter to light (GTE cellular
transmission facility) , clarifying that this action does not affect
PG&E. He indicated that, having conferred with Mr. Cooper and the
City Attorney, he believed adoption of the urgency ordinance would
be in the best interest of the City. Within the forty-five days in
which the ordinance would be in affect, Mr. Windsor remarked, staff
would work with PG&E in preparing the permanent ordinance and
addressing their concerns.
There were no public comments.
MOTION: By Councilman Nimmo and seconded by Councilman Shiers to
adopt Ordinance No. 224 as an urgency measure; motion
carried 4:0.
Mayor Lilley called a recess at 8:55 p.m. Meeting reconvened at
9:17 p.m.
D. REGULAR BUSINESS:
1. REQUEST TO CONSIDER DIAL-A-RIDE EXPANSION - PRESENTATION BY
SLO COUNTY
Richard Randise, representing San Luis Obispo County, presented the
request for Dial-A-Ride service to Templeton. He reported that the
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County would budget $10,000 toward a trial period.
Responding to the mayor's inquiry, Mr. Randise indicated that a
similar proposal had been given to the City of Paso Robles and that
the ultimate goal would be for both cities to provide service to
and from Templeton.
Councilman Shiers voiced concern for deterioration of the level of
service currently being given to Atascadero due to the added
service. Mr. Randise explained that the County was recommending
that the additional runs be scheduled during off-peak hours and
that the first priority would be with the City.
The City Manager indicated that conceptual endorsement was being
requested of Council and reported that staff would then proceed to
prepare an in-depth report with a cost analysis.
Greg Luke, Public Works Director, reiterated that the costs
associated with the pilot program would be paid by the County and
emphasized that the City could terminate the service if it did, in
fact, impact current level of service to the community.
MOTION: By Councilman Shiers and seconded by Councilman Dexter to
support, in concept the extension of Dial-A-ride service
to Templeton; motion unanimously carried.
Public Comment:
Eric Greening spoke in support of the proposed extension of service
pointing out that presently there is very limited north-bound
transit service.
2. PAVILION PROJECT STATUS REPORT (Verbal)
A. Request to approve Change Order #1
Mr. Windsor brought attention to a correction on the change order,
explaining that the total cost savings would be $122,800 rather
than $124,700.
The Public Works Director presented a status report on the
construction and highlighted the changes which resulted in the cost
savings. He reported that the projected completion date was
February 1, 1992 and explained that he would be providing Council
with monthly work schedules to allow accurate tracking of the
project. In addition, Mr. Luke noted that he anticipated a cost of
approximately $10,000 in concrete work and pointed out that
irrigation plumbing could be retrofitted for serving future
landscaping.
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MOTION: By Councilman Shiers and seconded by Councilman Dexter to
approve the amended Pavilion Change Order No. 1; motion
unanimously carried.
3. STATUS REPORT ON THE GREEN WASTE RECYCLING PROGRAM
The Public Works Director presented the status report and
recommended that the Green Waste Recycling Program be extended from
June to September free of charge to Wil-Mar customers. In
addition, he explained that Wil-Mar had indicated willingness to
not only continue this service but to share the cost of public
education and advertising on a 1: 1 basis.
The City Manager pointed out that no additional appropriations
would be necessary.
Public Comment:
Eric Greening contended that he was not in favor of drop-off sites
for green waste because it would increase automotive trips and be
difficult for those who do not drive.
The Public Works Director clarified that residential pick-up would
not be eliminated and that drop-off sites would be a supplement to
the present service. Mr. Greening indicated that he understood and
thanked Mr. Luke for his explanation.
Councilman Shiers pointed out that the public also has the option
to drop off full pick-up loads at the Dirtman' s site.
By common consensus, the City Council gave authorization to
(1) Extend the existing Green Waste Recycling Program from
June to September free of charge to Wil-Mar customers, and (2)
To share the cost of public education and advertising with
Wil-Mar on a 1:1 basis.
4. REQUEST FOR SUPPLEMENTAL SUPPORT FOR COUNTY'S SPAY/NEUTER PRO-
GRAM
The City Manager introduced the subject noting that staff's
recommendation to deny the County's request for additional funds
was not an argument against the importance of the spay/neuter
program, but rather a concern for the General Fund.
There were no public comments.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter to
not approve augmenting the current level of $9,000 for
Fiscal Year 1990-91; motion passed 4:0.
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5. PUBLIC WORKS DEFERRED IMPROVEMENT AGREEMENTS (City Attorney)
The City Attorney asked Council to confirm staff' s approach and
direct staff to continue their pursuit of construction or payment
for required improvements.
There were no questions from Council and no public testimony.
MOTION: By Councilman Dexter, seconded by Councilman Nimmo in
accord with recommendations from the City Attorney to
direct staff to continue and get back to Council with
recommendations as to bonding and other security changes
deemed appropriate for consideration; passed 4:0.
6. PROPOSED CHAMBER SIGN ORDINANCE REVISION (Mayor Lilley)
Mayor Lilley indicated that Council had not given specific
direction regarding the Chamber of Commerce's draft sign ordinance
and asked that this matter be addressed.
Mr. Windsor, referred to Henry Engen's Report to Council dated
3/26/91 and read a portion of the Zoning Ordinance. He recommended
that Council direct staff to develop its, own report, based upon
the proposed ordinance, with recommendations to the Planning
Commission. He continued that the Commission would then hold a
public hearing and, as a result, staff would then come back to the
Council with their own recommendations based on input received from
that hearing. Mr. Windsor noted that this was in concurrence with
Alternative #2 of Mr. Engen' s report.
Public Comment:
Whitey Thorpe, 8205 Santa Ynez, suggested that the Council not let
anyone mess around with the present ordinance because it is good
enough as it is.
MOTION: By Councilman Nimmo and seconded by Councilman Shiers to
direct staff to take the Chamber' s draft proposal to the
Planning Commission for recommendation as to whether to
initiate a text amendment; motion carried 4:0.
7. SET BUDGET HEARING DATES
Mark Joseph, Administrative Services Director, suggested dates.
By common consensus, Council agreed to review the proosed
Fiscal Year 1991-92 Budget on Tuesday, June 11, 1991-at- 5:30
p.m. (prior to the regular meeting commencing at 7:00 p.m. )
and to meet on Wednesday, June 19, 1991 from 3:00 p.m. to 6:00
p.m. to receive and review community agency funding requests.
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Council also agreed that if a third meeting was necessary, a
date certain would be announced.
Mr. Joseph indicated that staff would tentatively schedule formal
adoption of the budget for the regular meeting to be held on June
25, 1991.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Lilley acknowledged Councilman Dexter's attendance at the
Veterans of Foreign Wars Memorial Service held on May 27th, 1991
and presented to the City Manager for appropriate display the
M.I.A.P.O.W. flag received from the VFW.
Councilman Dexter noted that a recent newspaper article reported
that there are still over 7,000 service men and women unaccounted
for.
Councilman Shiers reported that he had received correspondence
regarding "Nacimiento Water" asking for some direction from
Atascadero. He suggested that Council may wish to discuss this
matter. Mayor Lilley added that he, too, had been asked where the
Council stands on this subject as well as "State Water". He asked
the City Manager to communicate with Atascadero Mutual Water
Company for a response regarding both issues and bring this back as
an agenda item. Mr. Windsor pointed out that the original master
plan as well as the updated master plan for the water district, as
part of the City' s General Plan, indicates both as priorities. He
stated that he would send a letter asking what the water company's
current position is and what action they intend to take. In
addition, the City Manager announced that the Council is on record
by resolution to the Board of Supervisors urging communication with
Monterey County over the allocation from Nacimiento Lake.
(Resolution No. 6-91) .
Mayor Lilley announced that he would be participating in a
television program to be aired on the following day on Channel 15.
He reported that the owner of the station is very interested in
programming local events in the City of Atascadero and indicated he
personally would follow-up in an effort to take advantage of this
kind of promotion for community events.
2. City Attorney
Art Montandon requested a closed session for the purpose of
discussions relating to current litigation, O'Keefe v. City of
Atascadero. He asked that the session be held at the end of the
meeting and noted that it would require a unanimous vote by the
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Council.
3. City Clerk - None.
4. City Treasurer - None.
5. City Manager
Mr. Windsor reported that he had distributed an opinion from the
City Attorney regarding American Classics' freeway signage. He
explained that he had not formally notified the business of the
opinion and asked for authorization to do so. By common consensus,
Council gave such approval.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter to
adjourn to closed session for the purpose of discussions
relating to litigation, O'Keefe v. City of Atascadero;
motion passed 4:0.
The open session was adjourned to a closed session at 10:21 p.m.
MOTION: By Councilman Nimmo, seconded by Councilman Shiers to
adjourn back into open session and adjourn the meeting;
motion unanimously carried.
THE MEETING WAS ADJOURNED AT 10:32 F.M. THE CITY COUNCIL WILL MEET
TO REVIEW THE PROPOSED FISCAL YEAR 1991-92 BUDGET AT 5:30 P.M. ON
TUESDAY, JUNE 11, 1991.
MINUTES RECORDED AND PREPARED BY:
LEE (DAYKA) RABOIN, City Clerk
Attachment: Exhibit A - Colony Roads Status Report from Mary
Gayle, Burke, Williams & Sorensen
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