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HomeMy WebLinkAboutMinutes 062591 ATASCADERO CITY COUNCIL MINUTES JUNE 25, 1991 Mayor Robert Lilley called the meeting to order at 7:06 p.m. Councilman Shiers led the Pledge of Allegiance. A moment of silence was taken by all as an expression of sympathy to the City Manager, Ray Windsor, who had traveled to England following the passing of his father. ROLL GALL: Present: Councilmembers Shiers, Borgeson, Nimmo, Dexter and Mayor Lilley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Henry Engen, Community Services Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Andy Takata, Director of Community Services; Greg Luke, Public Works Director and Lt. Bill Watton, Police Department MAYOR'S COMMENTS: Mayor Lilley shared with all a trophy and proclamation presented to him on behalf of the City from russian counterparts who came to Atascadero as participants in the "Eagle & Bear Friendship Program. In addition, the mayor noted he was in receipt of a note from Susan J. Beatie, artistic creator of the "Bronze Tiger", expressing gratitude for an engraved plaque of appreciation presented to her by the City. PROCLAMATION: Mayor Lilley read the proclamation for "Parks & Recreation Month", July 1991, and presented it to Tom Bench, Chairman of the Parks & Recreation Commission. CERTIFICATE OF APPRECIATION: Mayor Lilley recognized Dave Vega, Area Manager for Pacific Gas & CC6/25/91 Page 1 Electric Company, for sponsoring a day-long workshop for members of the Economic Round Table on Saturday, June 8, 1991. Accepting the Certification of Appreciation and watch bearing the City's seal, on behalf of Mr. Vega, were his wife, Dorothy and Mr. Wayne Cooper of P.G.&E. CITY COUNCIL REORGANIZATION: A. COUNCIL APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE Mayor Lilley thanked Councilman Shiers, Mayor ProTem, for his assistance throughout the past year. Nominations were then opened for Mayor. MOTION: Mayor Lilley and Councilwoman Borgeson co-nominated Councilman Shiers for Mayor and Councilman Dexter seconded the motion. By unanimous vote, Alden Shiers was elected Mayor. Mayor Shiers thanked the Council and indicated that he hoped that he would be able to keep the Council working as harmoniously and productively as it had during the past year. He then opened nominations for Mayor ProTem. MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to nominate Councilman Dexter as Mayor ProTem. Councilman Dexter declined the nomination stating that he had already served the Council in both capacities. Councilwoman Borgeson withdrew her motion. MOTION: By Councilman Dexter, seconded by Councilman Lilley to nominate Councilman Nimmo as Mayor ProTem; motion carried 4:1 (Councilwoman Borgeson abstained) . The City Clerk presented to Councilman Lilley a plaque of appreciation for his work as Mayor during the 1990-91 fiscal year. Councilman Lilley expressed gratitude to the Council, City Manager, department heads, City Treasurer and City Clerk. B. COUNCIL COMMITTEE ASSIGNMENTS Mayor Shiers indicated that he would be extending the present assignments (with the exception of the Economic Round Table) and advised that if any member of Council wished to make a change, to get in touch with him during the coming week. He explained that the mayor was designated as a member of the Economic Round Table and asked Councilman Lilley to serve as the alternate. CC6/25/9I Page 2 CITY COUNCIL COMMENTS: Councilman Dexter requested reconsideration of Item D-4 of the City Council Agenda of June 11, 1991 (regarding Santa Cruz Road construction) . He indicated that although he was in favor of City contribution towards road improvements proposed for construction by Mr. Kelly Gearhart, he had abstained from the voting on the matter. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to reconsider Item D-4 of the City Council Agenda of June 11, 1991; motion carried 5:0. Councilman Nimmo, Councilwoman Borgeson and Councilman Dexter all expressed appreciation to Councilman Lilley for his work as Mayor. COMMUNITY FORUM: Eric Greening, 7365 Valle, congratulated Mayor Shiers and thanked Councilman Lilley. He indicated that he would like to address action taken by Council regarding the funding request held in abeyance regarding Action for Animal Rights (A.F.A.R. ) and asked how to do so appropriately. Mayor Shiers advised him to pull Item B-3 - Resolution adopting the Annual Budget for Fiscal Year 1991- 92. 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 next meeting would be June 19, 1991. 2. Recycling Committee - Mayor Shiers gave a brief overview of the minutes from the meeting of June 15, 1991. 3. Downtown Interim Sign Committee - Councilman Lilley reported that work was continuing on developing a brochure to outline the proposed signing concept for the downtown business district. 4. County Water Advisory Board - Councilwoman Borgeson reported that this committee had met and discussed with Supervisor Blakely the subjects of "Nacimiento Water" and "State Water She explained that although no action on these issues was taken, sub-committees were formed. 5. Economic Round Table - Councilman Lilley reported that the Council had received copies of Planning Workshops Summary, an outline of the day-long session held on June Cc6/25/41 Page 3 8, 1991 to focus on objectives and goals. He explained that the Round Table would be developing an action plan and time-line. 6. Colony Roads Committee - The City Attorney reported that research work is on-going in an effort to complete a map of city-wide road ownership. 7. Cuesta College North County Site Selection Committee - Henry Engen reported that the first meeting of this committee would be during the month of July. Mayor Shiers urged other committees to support a site for a branch of the College in Atascadero. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar, as follows: 1. CONSOLIDATED TREASURER'S REPORT - MAY 1991 2. RESOLUTION NO. 50-91 - YEAR END BUDGET ADJUSTMENTS 3. RESOLUTION NO. 48-91 - ADOPTING ANNUAL BUDGET FOR FISCAL YEAR 1991-92 4. AMENDING THE FY 1990-91 APPROPRIATIONS LIMIT AND ADOPTING A NEW LIMIT FOR FY 1991-92 A. RESOLUTION NO. 49-91 AMENDING SPENDING LIMITS FOR FISCAL YEARS 1987 - 91 B. RESOLUTION NO. 51-91 —AMENDING SPENDING LIMIT FOR FISCAL YEAR 1991-92 5. ADOPTING A DEFERRED COMPENSATION PROGRAM FOR TEMPORARY EMPLOYEES IN LIEU OF MANDATORY SOCIAL SECURITY 6. TENTATIVE PARCEL MAP 29-90 Subdivision of 4.81 acres into three lots at 3450 E1 Camino Real (Derosier (Chapel of the Roses)/Stewart 7. TENTATIVE PARCEL MAP 26-90 - 4-Unit Condominium project at 5540 Tunitas (Tunitas Group) 8. TENTATIVE PARCEL MAP 32-90 - Subdivision of 12.5 acres into four parcels at 585 Garcia Road (Langille) 9. TENTATIVE TRACT MAP 02-87 - Request for time extension, 9385 Vista Bonita CC6/25/91 Page 4 10. TENTATIVE PARCEL MAP 24-89 - Acceptance of Final Map, 10750 Santa Ana (Vaughan/Kamm/Dohan) 11. ACCEPTANCE OF FINAL MAP 10-90 Subdivision of two lots of 28.37 acres into four lots containing approximately 7.01 and 7. 16 acres at 10480, 10660 Santa Ana Road 12. REAFFIRMING DEVELOPMENT FEES Eric Greening, Cindy Clark and Jim Swazey, members of the public, all asked that Item B-3 be pulled for discussion. Councilman Nimmo requested that Item B-9 be pulled and Councilwoman Borgeson asked that Items B-5 and B-8 be pulled. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to approve the Consent Calendar with the exceptions of Items B-31 51 8 and 9; motion unanimously carried by roll call vote. Re: Item B-3. RESOLUTION NO. 48-91 - ADOPTING ANNUAL BUDGET FOR FISCAL YEAR 1991-92 Eric Greening, 7365 Valle, urged Council to reconsidering postponing the funding request of A.F.A.R. , adding that they offered a vital community service. Cindy Clark, 9850 Las Lomas #4, addressed the Council as the Vice President of the Atascadero Youth Cheerleaders Association. She submitted a revised financial statement and revised request (see Exhibit A) . Ms. Clark asked that Council reconsider their funding request and to consider this request separate from that of the Atascadero Youth Football League. She then asked other members of the public present to stand and show silent support of the request. Jim Swazey, 9735 Morro Road and President of the Atascadero Youth Football League, asked the Council to reconsider the original request for funding in the amount of $12,500. He stated that the Football League and the Cheerleaders Association are two separate entities and objected to Council mandates to share appropriated funds. Barbara McComb, 8923 Arcade, read a letter on behalf of Mark D. Clark in support of the funding request made by the Cheerleaders Association. Joey Posadas, football player, stated that the Cheerleaders Association deserves as much support as the Football League. Council discussion followed. Councilwoman Borgeson remarked that she now understood that the two groups were separate organizations CC6/25/91 Page 5 and should be considered individually. MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to reconsider the request and fund the Atascadero Youth Cheerleaders Association for the balance of $2,590.50. Discussion of the motion: Lengthy discussion ensued. Councilman Dexter asked that, in the future, funding requests for recreational groups be reviewed by the Community Services Department for specific recommendations. Mayor Shiers agreed and suggested that the Recreation Department offer touch or flag football as an alternative to contact football, which requires costly safety protection equipment. Councilman Nimmo objected to the motion to fund the Cheerleaders' full request and pointed out that Council had not approved many of the other community requests in the full amount asked for. Councilwoman Borgeson stated that she could withdraw her motion and was open for negotiations. Councilman Dexter commented that he would be more comfortable with a lesser amount. Councilman Lilley agreed and suggested that $1,000 be allocated for the Cheerleaders Association and $4,000 allocated to the Football League. Councilman Nimmo agreed with this suggestion and stated that he was not prepared to go over the total budget already approved. Councilman Dexter concurred. Councilwoman Borgeson suggested that Council fund only the amount of $1,323.00 for the purchase of sweat shirts and amended the motion accordingly. She emphasized that her motion was to fund this amount separate and aside from the $5,000 already allocated to the Football League. Mayor Shiers indicated support for the amendment to the motion. Vote on the amended motion: Motion to fund $1,323.00 to the Cheerleaders Association failed 2:3 (Councilmembers Dexter, Nimmo and Lilley opposed) . MOTION: By Councilman Lilley, seconded by Councilman Dexter to re-adjust allocations for Atascadero Youth Football reducing that sum for Youth Football to $4,000 and to fund the Youth Cheerleaders in the amount of $1, 000 motion carried 5:0 by roll call vote. Discussion followed regarding funding for A.F.A.R. Mark Joseph presented a brief status report on the City's joint effort with the City of Paso Robles to develop animal control services separate from those received from the County of San Luis Obispo. He suggested that this matter be deferred until the meeting of July 9, CC6/25/91 Page 6 1991 when the matter was slated for review by the Council. Council comments followed. Councilman Dexter remarked that A.F.A.R. provides a valuable function and should, therefore, be considered as a contract service. Councilman Lilley indicated that he was prepared to vote for interim funding at the meeting of July 9, 1991, if necessary. Councilman Nimmo stated that he was offering no assurance that any funding approved would be designated for the Spay/Neuter Program. By consensus, Council continued the matter of A.F.A.R. funding until the regular meeting of July 9, 1991. MOTION: By Councilman Dexter, seconded by Councilman Lilley to approve Resolution No. 48-91 adopting the annual budget for Fiscal year 1991-92; motion unanimously carried by roll call vote. Re: Item B-5. ADOPTING A DEFERRED COMPENSATION PROGRAM FOR TEMPORARY EMPLOYEES IN LIEU OF MANDATORY SOCIAL SECURITY Councilwoman Borgeson asked the Administrative Services Director how many part-time employees currently worked for the City. Mr. Joseph replied that there were approximately fifty. Ms. Borgeson stated that she was uncomfortable with not knowing just how many employees this action would affect and just how much of a cost savings the City might realize. Mark Joseph remarked that staff could come back with a. report addressing her concerns at the next regular meeting. Councilman Dexter concurred that he would like to see a more detailed report. By consensus, the matter was continued to the meeting of July 9, 1991. Re Item B-8. TENTATIVE PARCEL MAP 32-90 - Subdivision of 12.5 acres into four parcels at 585 Garcia Road (Langille) Councilwoman Borgeson indicated that she had pulled this item because she did not agree with the negative declaration and because she was concerned about emergency vehicle access. Mayor Shiers ' remarked that he shared similar concerns. Henry Engen responded to questions regarding access, proposed break-away gate, septic sites and percolation tests. Councilwoman Borgeson stated that she believed there were numerous issues of concern to the Council and made the following motion: MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to Cc6/25/91 Page 7 hold a public hearing on the matter; motion carried 3:2 (Councilmembers Lilley and Nimmo opposed) . Henry Engen clarified that the matter would be noticed and scheduled for the July 9, 1991 meeting. Re: Item B-9 TENTATIVE TRACT MAP 02-87 - Request for time extension, 9385 Vista Bonita Councilman Nimmo indicated that he had pulled the matter because it involved property in which he had a residual interest and stepped down. MOTION: By Councilman Dexter, seconded by Councilman Lilley to approve Tentative Tract Map 02-87 - request for time extension; motion carried 4:0. Mayor Shiers called a recess at 8:52 p.m. The meeting was reconvened at 9:15 p.m. C. HEARINGS APPEARANCES: 1. RESOLUTION NO. 47-91 - RESOLUTION EXTENDING AND AMENDING RESO- LUTION NO. 24-91 ESTABLISHING CURRENT PLANNING AND ENGINEERING FEES (Cont'd from April 9, 1991 agenda) Mark Joseph gave the staff report and recommendation to approve Resolution No. 47-91. He pointed out that the fee for street address change had been deleted and responded to questions from Councilman Nimmo regarding re-zoning and street name changes. Public Comment: Deborah Hollowell, Cuesta Engineering, questioned the difference in fees for condominium subdivision or conversion and tentative tract or parcel map. She asked why not charge the same. Henry Engen noted that the point was well taken and remarked that staff may wish to take a look at this matter in the future. Council discussion regarding appeals followed. Councilman Nimmo stated that he was in support of Option #3 of the staff report which would be to 'charge the full amount, but waive the fee if the appeal was upheld. Councilwoman Borgeson disagreed asserting that the public has a right to appeal governmental decisions and the present fee of $100 was fair and equitable. She commented that it might be difficult to determine the amount of signatures needed for an in-lieu petition as proposed in Option #4. Mayor Shiers also voiced support for leaving the appeal fee at $100. CC6/25/91 Page 8 Councilman Lilley indicated that he could support an appeal fee of $200. Both Councilmembers Dexter and Nimmo expressed concurrance with the $200 fee and indicated that they could not support an in- lieu petition. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to set the appeal fee at $200.00; motion carried 3:2 (Councilwoman Borgeson and Mayor Shiers opposed) . MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to adopt Resolution 47-91 adopting new planning and engineering fees; motion passed unanimously by roll call vote. 2. ORDINANCE NO. 225 - CONSIDERATION OF EXTENSION OF INTERIM URGENCY ORDINANCE NO. 224 REQUIRING CONDITIONAL USE PERMITS FOR CERTAIN UTILITY TRANSMISSION FACILITIES (4/5 VOTE REQUIRED; First heard at the City Council meeting of May 28, 1991 Henry Engen presented the staff report and recommendation to extend the urgency ordinance relating to utility transmission facilities. He reported that a concern had been raised by Mr. Wayne Cooper of P.G.&E. relating to electric substations and that the matter had been reviewed by the City Attorney, who was recommending additional language regarding pre-emption. Mr. Engen explained that the proposed ordinance would extend Ordinance No. 224 for an additional 22 months and 15 days, during which time a comprehensive rewrite of the Zoning Ordinance would be undertaken which would address this specific issue. Public Comment: Doug Lewis, of Atascadero, asked if the ordinance applied to individual satellite receiving dishes. Mr. Engen responded that the ordinance did not cover individual devices, only utility transmission facilities. MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to waive the reading of Ordinance No. 225 in full and approve by title only; motion carried 5:0. MOTION: By Councilman Lilley, seconded by Councilman Dexter to adopt Ordinance No. 225 on first reading; motion carried unanimously by roll call vote. D. REGULAR BUSINESS: 1. ZONE CHANGE 03-91 (City of Atascadero) CC6/25/91 Page 9 A. Ordinance No. 222 - Amending Section 9-3.651 (Establishment 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 second reading) Henry Engen presented the staff report and recommendation. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to adopt, on second reading, Ordinance No. 222; motion carried 5:0 by roll call vote. 2. AWARD OF CONTRACT FOR CONSTRUCTION MAPPING OF EL CAMINO REAL Greg Luke provided the staff report and recommendation to authorize, by resolution, the execution of a contract with Penfield & Smith to aerial map E1 Camino Real, Graves Creek Road and Portola Road. He indicated that funds would be allocated from the Capital Improvement Budget. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to adopt Resolution No. 64-91 authorizing the execution of an agreement with Penfield and Smith to aerial map E1 Camino Real for a fee of $37,800 and to aerial map Graves Creek Road and Portola Road for a fee of $15,200; motion passed unanimously by roll call vote. 3. DISCUSSION OF APPROPRIATE ENTITY TO ADMINISTER DONATIONS FOR COMMUNITY SERVICES (Verbal) Art Montandon, City Attorney, reported that direction was being sought on how to pursue the administration and handling of potential donations to the City for parks and recreation purposes. He indicated that the City had been approached by someone who seeks to give in the future a substantial amount of money for the Charles Paddock Zoo and it had been determined that the City did not have a legal entity that could be classed as tax-exempt (thus giving the person benefit of that status). He recommended that the City Council set up a non-profit entity to receive and administer this type of monies and that the board of directors of this entity be members of staff to avoid potential conflict for members of the City Council and the Planning Commission. Mr. Montandon added that approval to proceed would also require authorization of funds to process documentation for a non-profit corporation. In addition, the City Attorney reported that he had recently been made aware of a now dormant non-profit public-benefit organization, the "Atascadero Improvement Corporation (AIA) " formed in May of 1982. This corporation, he stated, might be adapted to suit current needs and may result in the savings of time, money and CC6/25/91 Page 10 effort. Councilman Lilley interjected that the purpose of the corporation was to raise funds for the Pavilion. He stated that it was duly incorporated but is now in suspension because funds were exhausted. Councilwoman Borgeson asserted that she would like more information before she would vote for authorization to use this option. Mr. Montandon assured Council that, if determined a viable avenue, modifications would be made providing for a different board of directors with a new set of by-laws and explained that all documents would be brought before Council for their final approval. Councilwoman Borgeson asked if there was, in existence, a public- benefit corporation for the Pavilion. The City Attorney answered affirmatively and indicated that the specific purpose is to raise funds for the Pavilion. The City Attorney explained that the Lake Pavilion Corporation is run by private citizens and it would be up to the Board of Directors whether or not the City could use this entity. Discussion followed. Councilwoman Borgeson asserted that she would prefer to start off fresh with something specifically engineered to receive donations for the Zoo, noting other types of projects might be added later. Councilman Lilley shared concern for having too many non-profit organizations for specific projects which would require tax deposits, incorporation fees and on-going legal work. He indicated that he would be supportive of a broad-based tax exempt vehicle for the City to receive funds from a variety of sources for a number of projects. Councilmembers Borgeson and Dexter indicated agreement. Public Comment: Sarah Gronstrand, member of the Board of Directors of the Lake Pavilion Corporation, reported that current plans for the Festival of the Oaks Antique Show & Sale are to designate proceeds toward the Pavilion. She stated that the sub-committee formed to spear- head this event plans to remain intact even after the Pavilion is completed and to continue to put on the festival on an annual basis. Profits from this yearly event will be donated to various community organizations and other community benefits. The City Attorney advised that it may be best for the City to pursue a corporation set up for the purpose of receiving gifts. By Council consensus, the City Attorney was directed to proceed. 4. CALIFORNIA DEPARTMENT OF COMMERCE SECOND ANNUAL "MAIN STREET BASIC TRAINING" CONFERENCE - August 25-28, 1991 Henry Engen reported that this matter was an informational item and CCs/25/91 Page 11 noted that a member of the planning staff would be attending. He explained that attendance does not obligate the City in any way to the Main Street Program, but would provide valuable information applicable to downtown revitalization. Councilwoman Borgeson asked if there was any other avenue to obtain this information. Mr. Engen indicated that this in-depth seminar would be most beneficial. He added that no commitment for additional staffing was being asked for. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council - No further remarks. 2. City Attorney - No report. 3. City Clerk The City Clerk announced she would be on vacation from June 26 through July 8, 1991. 4. City Treasurer Micki Korba thanked the Council for considering her stipend increase request. 5 City Manager - No report. BY COUNCIL CONSENSUS, THE MEETING WAS ADJOURNED AT 9:57 P.M. TO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSIONS RELATING TO : 1. PENDING LITIGATION ENTITLED O'KEEFE v. CITY OF ATASCADERO. Said Closed Session is held pursuant to Government Code Section 54956.9(a) 2. LABOR NEGOTIATIONS Said Closed Session is held pursuant to Government Code Section 54957.6 MINUTES RECORDED AND PREPARED BY: / ^ w LEVTRABOIW, ty Clerk Attachment: Exhibit A (Atascadero Youth Cheerleaders Assn. ) CC6/25/91 Page 12 CC6/25/91 EXHIBIT A JUNE 25, 1991 ATASCADERO YOUTH CHEERLEADING ASSOCIATION INCOME YTD BAKE SALE ----------------- ------ $ 201 . 00 CAR WASH-------------------------- $ 488.00 SIGN-UP FEE ----------------------- $ 2, 906.00 RAFFLE TICKETS -------------------- $ 2, 645.00 TOTAL--------- $ 6,240 . 00 EXPENSES YTD UNIFORMS -------------------------- $ 6.873.00 INSURANCE ------------------------- $ 200. 00 SWEAT SHIRTS ------------------ - $ 1 ,323.00 GLOVES ---------------------------- $ 276 .50 WATER BOTTLES --------------------- $ 158. 00 TOTAL ------ $ 8,754. 00 BALANCE NEEDED ------ <$ 2, 590 .50> THE ATASCADERO YOUTH CHEERLEADING ASSOCIATION WOULD APPRECIATE THE ASSISTANCE OF THE CITY OF ATASCADERO TO HELP FUND THIS WORTHWHILE ORGANIZATION FOR THE YOUTH OF ATASCADERO IN THE AMOUNT OF $ 2,500 . 00 ., WE WOULD LIKE TO THANK YOU FOR YOUR ASSISTANCE.