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HomeMy WebLinkAboutMinutes 092491 Approved as Submitted 11/12/91 ATASCADERO CITY COUNCIL MINUTES SEPTEMBER 24, 1991 Mayor Shiers called the meeting to order at 6:10 p.m. He reported that Council had agreed to meet one hour early in order to receive a status report from the Economic Round Table. Councilman Lilley, as co-chairman of the subcommittee for consensus building, made introductory remarks. The following additional members of the Economic Round Table were present: Ray Johnson, Chamber of Commerce President Jack Stinchfield, Stinchfield Financial Mike Kirkwood, Mid-State Bank Stan Cherry, Santa Lucia National Bank Bill Mazzacane, Chamber of Commerce Director Dave Vega, Pacific Gas & Electric John Himes, B.I.A. Jack Porter, B.I.A. Micki Korba, City Treasurer (Members absent were Mildred Copelan and John Cotsenmoyer. ) Councilman Lilley reported that the committee had divided into three subcommittees: Marketing, Education and Consensus Building. He indicated that each subcommittee had prepared a brief presentation. Ray Johnson reported that the Marketing Subcommittee had been charged with coming up with a marketing plan for Atascadero and outlined specific recommendations. These included reviewing the community's present resources and facilities, defining a market niche for Atascadero and developing a tourism and business destination strategy. Mike Kirkwood, representing the Education Subcommittee, explained that the one of the goals of the committee was to provide small and prospective business people of the community with various kinds of workshops and seminars in an effort to pursue business development and enhancement. He spoke in support of establishing a small business development center through Cuesta College funded through the Small Business Administration and provided information relating to this concept. CC9/24/91 Page 1 Jack Stinchfield, member of the Consensus Building Subcommittee, identified four areas in which there is a need for consensus: ( 1) community identity, (2) economic base and level of service, (3) problem solving and support for decisions that benefit the entire community and (4) aesthetic standards for the City. Individual Council comments followed. Mayor Shiers indicated that he would have liked to have been provided with a written report in addition to the oral presentations. He stated that he was in support of consensus building efforts and of taking advantage of the educational institutions in the area. He emphasized that Cal Poly University provides highly-skilled workers and suggested that the City encourage the location of professional firms and corporations in the City who could employ graduating students. Councilman Dexter provided favorable comments relating to consensus building and with the educational concept. Councilman Nimmo indicated that he believed the biggest challenge to the City would be to provide an environment that will attract those with entrepreneur skills. He extended appreciation to the Round Table for their efforts. Councilwoman Borgeson commented that she thought the work done by the Round Table should have been done by the Chamber of Commerce. She voiced objection to the Round Table taking a stand on policy matters and asserted that she had expected to get more regular reports. Councilwoman Borgeson stated that she would encourage a close alliance with the colleges and was in support of Atascadero as a choice for the North County campus of Cuesta College. In addition, she noted that she objected to the suggestion that the Lake Park Pavilion be used for a conference center. At 6:55 p.m. , the presentation ended and the mayor called a short recess before calling the regular meeting to order at 7:08 p.m. Councilman Dexter led the Pledge of Allegiance and the Clerk called the roll. ROLL CALL: Present: Councilmembers Lilley, Borgeson, Nimmo, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Rorba, City Treasurer and Lee Raboin, City Clerk CC9/24/91 Page 2 Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Andy Takata, Director of Community Services ; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief and Bill Wittmeyer, Compliance Official ANNOUNCEMENT: The City Clerk announced that the City Manager, Ray Windsor, was celebrating his third anniversary with the City of Atascadero and mentioned that to honor him special refreshments were to be served during the break. PROCLAMATIONS: Mayor Shiers read the proclamation for "Navy League Day", September 28, 1991 and presented it to Warren Miller, of Atascadero. Mr. Miller extended to .all an invitation to festivities scheduled for the coming Saturday. The mayor read and presented the proclamation for "Fire Prevention Week" to Acting Fire Chief, Mike McCain. COMMUNITY FORUM: Bob Huot, 3850 Ardilla Road, stated that he was more offended by noise from gas powered leaf blowers than by sidewalk display in the downtown. Tom Bench, 7503 Carmelita, reported that he had received a letter from Henry Engen, Community Development Director, in response to his comments made during the meeting of August 27, 1991 regarding the question of how the "Creek Reservation" had appeared upon the map he had submitted as part of a lot split application. He asserted that his copy of the 1914 ownership map reflected no such reservation and asked on what basis had it shown up on his map. George Erkhart, San Gregorio Road resident, indicated that he wanted to address issues relating to Las Encinas area roads. Mayor Shiers advised him that because the "roads" matter was on the agenda, his comments would be more appropriate if given during that discussion (see Item #C-1) . PRESENTATION: Community Center Project - Marty Kudlac Marty Kudlac, Planning Commissioner, proposed that a committee be formed to raise funds for a community center and reported that he was interested in being involved in the process. He described a CC9/24f91 Page 3 project which might include a gymnasium, playing courts, multi- purpose rooms and office space for Community Services Department staff members. Mr. Kudlac indicated that Andrea Schulte and Diana Cooper, two members of the Parks and Recreation Commission, were also interested in the concept and willing to commit their time to the effort. In his concluding comments, Mr. Kudlac, noted that no funds would be solicited until after the Lake Park Pavilion is built and asked for Council endorsement. Mayor Shiers commented that although the Council might lend its' support to the idea, it could not commit to any funds. Councilman Nimmo proclaimed that he was not prepared to vote until he has an opportunity to review a written report. Mr. Kudlac remarked that he was aware of the need to gain more information and emphasized that the proposed committee would be one of non-profit status. The City Manager advised that the next step would be to prepare a written proposal for Council review. Eric Greening, 7365 Valle, suggested that the additional room gained in the downstairs of the Pavilion be used at least as an interim measure. Andrea Schulte, Parks & Recreation Commissioner, urged Council to give conceptual approval. Gary Kirkwood, 4620 Portola, spoke in favor of the idea, but suggested that recreational experts run the facility rather than the City. A. COMMITTEE REPORTS (The following represent 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 Area Coordinating Council had met on Wednesday, September 18, 1991 and awarded the contract for a rail feasibility study, reviewed the 1992 State Transportation Improvement Program Fund Estimate, discussed supplemental transit funds and approved the Transit Capital Improvement Project. She commended North County Supervisor Harry Ovitt who made a pitch for signage on Highway 101 for the Charles Paddock Zoo and spoke in support of grant monies for Atascadero that might aid land acquisition on Morro Road near the Lake Park. She indicated that the next meeting would be on October 9, 1991 at 9:00 a.m. in the Board of Supervisors' Chambers. In addition, Councilwoman Borgeson reported that the CC9/24/91 Page 4 Regional Transit Authority had also met and had acted upon route changes and special event transportation. She announced that this was "California Rideshare Week" and that she had participated in "Transit Day" earlier in the day. 2. Recycling Committee - Mayor Shiers reported that the committee had met and related matters would be discussed under Item #C-2. In addition, he reported that new telephone books were out and old ones could be dropped off at recycling bins located at McDonald's restaurant on Morro Road. 3. Economic Opportunity Commission - Councilman Dexter reported that the commission had met and discussed a request for help from the City of San Diego on the "Head- Start" program. 4. Traffic Committee - Councilman Dexter reported that the committee had met and would be making recommendations to the Council at the next regular meeting. 5. Downtown Interim Sign Committee - Councilman Lilley reported that three local businesses: Wilkins Printing, Wil-Mar Disposal and American Classics had volunteered for a pilot project of awning and signage installation. He noted that the committee would appreciate feedback from the business community and the public. 6. County Water Advisory Board - Councilwoman Borgeson reported that there would be a meeting in October, but she had not yet received her copy of the agenda. 8. Economic Round Table - See report on special presentation from, on pages 1-2. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES AUGUST 27, 1991 2. CONSOLIDATED CITY TREASURER'S REPORT - AUGUST, 1991 3. TENTATIVE TRACT MAP 9-91, 9286 EL BORDO - Five air space condominiums (Boyle/Mastin) 4. TENTATIVE TRACT MAP 39-87, VISTA BONITA - Time extension (Yeo- mans) CC9/24/91 Page 5 5. RESOLUTION NO. 90-91 - ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIREFIGHTERS BARGAINING UNIT 6. RESOLUTION NO. 92-91 - ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIRE CAP- TAINS BARGAINING UNIT 7. RESOLUTION NO. 91-91 - AUTHORIZING THE EXECUTION OF AN AMEND- MENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER The City Manager asked that Item #B-1 be continued. Councilman Nimmo pulled Item #B-4 and Mayor Shiers pulled Item#B-7. MOTION: By Councilman Dexter, seconded by Councilman Lilley to approve the Consent Calendar with the exceptions of items #B-1, 4 and 7; motion unanimously passed by roll call vote. Re: Item #B-4. TENTATIVE TRACT MAP 39-87, VISTA BONITA - Time extension (Yeomans) Councilman Nimmo indicated that he had been advised by the City Attorney to step down from voting upon this matter. He reported that he had no interest in the property described, but noted that the analysis there appears to be some relationship between the development of the subject property and a property in which he had a residual financial interest. He stepped down from the digs. MOTION: By Councilman Lilley, seconded by Councilman Dexter to approved Item #B-4; motion passed 4:0 by roll call vote. Re: Item #B-7. RESOLUTION NO. 91-91 - AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER Mayor Shiers indicated that he had pulled this matter to acknowledge the fact that this was the first time in three years that the Council has reviewed the City Manager's employment agreement and that he wanted to publicly thank and give support to Ray Windsor. He stated that he believed the City Manager had done a fine job and that he was pleased to have him working for the City. In addition, he commented that the pay increase was very much deserved by Mr. Windsor. Councilman Lilley remarked that he believed the increase was long over due and extremely merited. Councilwoman Borgeson and Councilman Dexter also expressed gratitude and support. MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to CC9/24/91 Page 6 approve Resolution No. 91-91 authorizing execution of the an amendment to the employment agreement with the City Manager; motion unanimously carried 5:0. C. HEARINGSIAPPEARANCES: 1. PRIVATE ROADS A. 3-F Meadows Assessment District Greg Luke, in his opening comments, indicated that there were, in addition to the 3-F Meadows roads, other private roads scattered throughout the community and suggested that there was a need to address this larger issue as a whole. He reported that staff was looking for direction from the Council as to what level and by what means the Council wishes to become involved with bringing the roads into the City-maintained system. The Public Works Director responded to questions from the Council. He reported how the Chandler Ranch assessment district had been formed and emphasized that there is a significant difference between the costs associated with the roads in the Chandler Ranch area and ones proposed for the 3-F Meadows area. He explained that the roads in Chandler Ranch were fairly new when they were taken in, as compared to those in the 3-F Meadows area which are older and on steeper terrain. Mr. Luke reported that improvement costs in Chandler Ranch had been paid solely by the residents, without contribution of public funds. Discussion ensued regarding the definition of "public" and "private" roads. Mr. Luke explained that the 3-F Meadows roads were never constructed to a level whereby the County or the City could accept them and that there seemed to be a universal understanding that these private roads would be maintained by the developer. Councilwoman Borgeson pointed out that the roads in 3-F Meadows have unrestricted access by utility/service companies and emergency vehicles. Councilwoman Borgeson asked whether the approval of subdivisions in 3-F Meadows and Las Encinas had been conditioned upon the maintenance of the roads. Mr. Luke responded that the Las Encinas subdivision had, but to his knowledge, 3-F Meadows had not. Responding to query from Councilwoman Borgeson, the Public Works Director reported that staff was awaiting documentation from the State Department of Real Estate which he proposed would help the City determine what responsibility the developer, Bud Davis (now the Davis Family trust) has in the maintenance of roads in 3-F Meadows. In addition, he reported that he had recently received a copy of a letter written on June 12, 1978 to Ted Monmonier CC9/24/91 Page 7 (resident on Barranco Road) by the County Engineer, George Protopapas, which gives an indication that the developer would soon be turning the roads over to the County and that the County would accept them. Mr. Luke advised that there was a trail of conflicting documentation, but added that staff was continuing its, research. Councilman Lilley asked the Public Works Director if there were any documents received prior to the vote of incorporation where George Protopapas advised a property owner that the County had accepted those roads. Mr. Luke replied that there was not and reported that of the records that were transmitted from the County to the City, there were maps of roads accepted by the County. He stated that the 3-F Meadows roads were not on them, but added that it was clear that the roads were in some state of consideration. The City Attorney indicated that additional time would be necessary to research the matter. He advised that staff will continue to explore ways in which to get some kind of contribution from the developer, if he was in fact legally responsible, if Council gives such direction. The Public Works Director, in response to Councilman Lilley, replied that public reports for subdivisions are kept in Sacramento. The City Attorney confirmed that this process provides compliance with the Subdivision Map Act under public disclosure requirements and allows the Department of Real Estate and prospective property owners to gain knowledge regarding underlying rights and obligations of a subdivision. Councilman Lilley asked whether or not a document has been filed every five years with the Department of Real Estate reasserting the fact that the roads are the developers responsibility. Greg Luke reported that he was told over the phone that this was the case; the City Attorney advised that the City did not yet have the evidence, however. The City Attorney further reported that the roads in the 3-F Meadows, and other cities in the community, are public roads even though the City does not have any ownership or obligation to maintain them. He stated that the duty to maintain exists if the City owns the roads or adopts a resolution including roads into the City-maintained system. Many of the roads, he continued, cannot be closed because they are needed for public access and because of the way they were developed are, in fact, public roads. Public Comments: Sarah Gronstrand, 7620 Del Rio Road, proclaimed that the City Council is charged with the health, safety and welfare of the 'citizens and asserted that former councils did not address the issue of deteriorating roads. She stated that residents of Las CC9/24/91 Page 8 Encinas and 3-F Meadows have been contributing by paying taxes and that they now rightfully are asking that the situation be resolved fairly and quickly. Howard Marohn, 9265 Barranco Road, complimented the Council for finally taking an interest and recognized that the City cannot afford both: 3-F Meadows roads and the proposed median strip on E1 Camino Real. He proposed an option whereby the City would place the estimated 1.6 million dollar tax credit (from gas taxes paid by the subject area residents over the years since incorporation) into a fund for roads not maintained by the City and that the City contribute an additional 30% towards road improvement costs. He urged Council to replace monies funded for the median strip with City non-maintained roads and to modify hill-road standards. Mr. Marohn also asked the City to move ahead and not let the "Wells Fargo Roads" issue delay the progress. John Cole, 8710 Sierra Vista Road, referred to a recent fire in 3-F Meadows and expressed concern for the protection of residents in this area. George Erkhart, 8150 San Gregorio Road, referenced and supported a solution proposed made by Ron Lindsay at the City Council meeting of August 27, 1991 (a three-way assessment: property owner, developer, City) . He urged the City to continue its' investigation into the developer's responsibility and suggested that costs be divided according to the level of benefit to both the property owner and the City. In addition, Mr. Erkhart, a Las Encinas resident, asked that homeowners in his area be kept informed on the progress. Brian Carney, 9580 Carmelita, asked the Public Works Director how his street was included in the proposed assessment area. Mr. Luke acknowledged that there are a few parcels in the proposed district that may not really belong there because there is some question as to where City-maintained status begins and ends. He assured the speaker that if the assessment district is formed, sufficient research would be done and details would be worked out. Hal Hayes, 2505 Alturas, reminded the Council that they had, July 11, 1990, unanimously approved a category of roads which included private and improved, but not City-maintained. He suggested that rather than see what can be spared from the adopted 5-Year Capital Improvement Plan (CIP) , a matrix be developed with goals established by the City in percent of share from zero to 100% and then indicate how hard it would be to raise funds to comply with that goal. He stated that he believed there are other solutions which have not yet been thought of; or thought of, yet not aired. He did not favor some of the recommendations made by staff in the agenda packet. CC9/24/91 Page 9 Lyle Curry, 9263 Lucinda, remarked that recent research shows several millions of dollars of gas tax have been paid by residents in the 3-F Meadows area. He spoke in opposition to the median strip proposed for E1 Camino Real and asked that the Council re- examine the 5-Year CIP. Don Saueressig, 10735 San Marcos Road, expressed concern about inequities that might result from the formation of an assessment district. He reported that the street he lives on, San Marcos Road, serves many other City-maintained and private roads and objected to being assessed while residents and non-residents alike who use San Marcos Road are not being asked to contribute. Mr. Saueressig also favored using funds set aside for the median strip on City non-maintained roads and emphasized that he was not in favor of forming an assessment district to maintain his portion of San Marcos Road. ---End of Public Testimony--- Lengthy Council discussion followed. There was general consensus among the Council to investigate further any responsibility the original developer (or his trust) may have to upgrade the roads based on the disclosure report to the Department of Real Estate, and to postpone discussions relating to formation of assessment districts and City participation. Mayor Shiers asked the Public Works Director how long it would be until the City would have the documents needed to make this finding. Greg Luke reported that it would be a least a couple of weeks. MOTION: By Councilwoman Borgeson to direct staff to determine the level of responsibility that the developer has in bringing these roads up to a standard that the City can accept. Discussion of the motion: The City Manager requested that the motion also reflect continuance to a date specific. The City Attorney advised that additional research is likely to take over one month. Mr. Windsor suggested that the matter be brought back at the first Council meeting in November. Councilman Lilley suggested to Councilwoman Borgeson that her motion be modified to a request of staff to report back with regard to the documents and legal status as to the obligations for maintenance of the roads. Councilwoman Borgeson amended the motion with language proposed by Councilman Lilley and to ask that the information be presented at the first meeting in November; Councilman Lilley seconded the motion. Motion carried 5:0. CC9/24/91 Page 10 Mayor Shiers called a recess at 9:25 p.m. At 9:50 p.m. , the meeting resumed. B. Five-Year Capital Improvement Plan (CIP) : Re-evaluation The Public Works Director reported that Council had expressed a desire to re-examine the 5-Year CIP and discuss possibly reallocating monies for upgrade of private roads. He noted that the 5-Year CIP is used as a long-range planning tool and advised that if Council wishes to eliminate or scale-back specific improvements to El Camino Real it may take action to do so. Mr. Luke further pointed out that the median strip proposed for construction on El Camino Real had been recommended for safety purposes. He remarked that there had been numerous accidents on the street and noted that the Police Chief was in favor of the divider. Chief McHale confirmed this position adding that E1 Camino Real has become a serious traffic problem. The City Manager advised, based upon public testimony received, that the matter be held in abeyance until the private roads issue is resolved. Discussion followed regarding the proposed median strip. Greg Luke reported that the project, from a planning perspective, was still in primitive stages and emphasized that the cost estimate was very rough. He added that when the aerial mapping currently being conducted of El Camino Real is complete, staff would be able to prepare a better cost analysis. Councilman Nimmo spoke in favor of installing medians where it can feasibly be done, referencing traffic problems at the intersection of Santa Rosa and El Camino Real. Councilwoman Borgeson voiced concern for "piecemeal construction and proposed that new development be required to pay into a fund until the plan is in place. She stated that while she had no objection to controlling traffic, she was not ready to vote for construction of a strip all down El Camino Real. Public Comments: Eric Greening, speaking from a pedestrian's point of view, voiced support for a raised median strip on E1 Camino Real and for a pedestrian bridge over the creek at Lewis Avenue. Jim Carpenter, 8200 Casida, commented that Caltrans has or may have maps of El Camino Real. The Public Works Director confirmed that although they do have maps, they are older ones and do not reflect newer improvements. Councilman Nimmo suggested that the matter be held over until the CC9/24/91 Page 11 Council is ready to address the private roads issue. The Public Works Director assured the Council that the median strip would not be a condition of new development. By consensus, the, matter was continued without specifing a date. 2. SOLID WASTE MANAGEMENT A. Resolution No. 96-91 - Authorizing Wil-Mar Disposal to Implement the Integrated Waste Management Program Greg Luke presented the staff report and recommendations to approve the resolutions authorizing execution of a contract with Wil-Mar Disposal and giving Wil-Mar authority to implement the Integrated Waste Management Program. The City Manager confirmed that language in the contract allows for the automatic pass-over of tipping fee increases approved by the Board of Supervisors pointing out that the County must notify the Council of these. Mr. Windsor explained that other fee increases would come before the Council for their approval. In addition, he reported that there had been discussion about adding a clause in the contract that would allow the City Council to have authority over where Wil-Mar could store recyclable materials. Public Comments: Betty Sanders, attorney for Wil-Mar Disposal, Inc. , explained cost accounting methods, emphasizing that the landfill measures and bills Wil-Mar for what it takes out to the dump. In response to the City Manager, Ms. Sanders projected that, if given approval, the curbside recycling program could begin about the end of November. Ray Jansen, member of the Recycling Committee, stated that there would be a need to educate the public about how often to put recyclables at the curb. Jim Patterson, Recycling Committee member, explained results from a waste stream composition study conducted in January 1991. Doug Lewis, Tunitas Avenue resident, asked if the Council intended to phase out backyard burning. Mr. Windsor replied that although Fire Chief, Mike Hicks, had expressed a personal opinion that he would like to see backyard burning stop, it still legal as long as it is done on days specified by the Air Pollution Control Board. Ron Villarino, 10605 Rialito Avenue, indicated that he was representing Ralco and would be happy to respond to questions CC9/24/91 Page 12 should the City decide to go out to competitive bid for the recycling component of the solid waste management program. Brian Touey, Coast Recycling, asked the Council whether or not the recycling program was going out to bid, and if not, why not. He explained that his company and others in the County could implement curbside recycling and stated that he wanted to have an opportunity to bid for the contract. The City Manager advised Mr. Touey that his letter to the City was in the agenda packet and that he was on record with his desire to bid the work. Mayor Shiers asked Mr. Touey if his company was able to accommodate "green waste" pick-up. Mr. Touey replied that he saw no reason to provide it, when Wil-Mar already has the vehicle. Lyle Curry asserted that he was not in favor of a seven-year contract and objected to the curbside program because he pondered what was to be done when a person did not have enough materials to set out each week. Whitey Thorpe, 8025 Santa Ynez, proclaimed that he was against giving any one company a monopoly and voiced opposition to the program. Doug Lewis asked how a citizen could recoup redemption fees with the proposed curbside pick-up. Mayor Shiers remarked that there was nothing to prohibit a customer from taking his recycling materials elsewhere. Renee Silberman, Recycling Committee member, explained that there are many items that can be recycled that cannot be bought back. These materials, she continued, can be put out at the curb and the customer still has the right to take in for redemption any items with a buy-back value. ----End of Public Testimony---- Councilwoman Borgeson stated that citizens need assurance that the Council has looked at all options and has found the lowest priced contract. She related an experience of personal service and commented that she appreciated the "home town" service Wil-Mar provides. CMD commented that the community has been given satisfactory service and spoke in support of the staff recommendation. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to adopt Resolution 96-91, including the associated rate CC9/24/91 Page 13 increase as per terms of the Agreement dated 9/24/91. Discussion of the motion: Mayor Shiers remarked that, based on the information included, Wil-Mar's bid is reasonable. He pointed out that within the terms of the agreement, Wil-Mar could sub-contract (with City Council approval) the recycling component of the program. Councilman Lilley thanked the Recycling Committee members for their efforts. B. Resolution No. 95-91 - Wil-Mar Disposal Co. - Contract Modifications MOTION: By Councilman Nimmo, seconded by Councilman Lilley to adopt Resolution No. 95-91 authorizing the execution of Wil-mar' s revised franchise agreement. Discussion of the motion: The City Manager asked that Council entertain adding some language to assure proper siting for a transfer station or recycling plant so that it will not enfringe upon other land uses in the City. He indicated that Wil-Mar was agreeable to this and that the contract could easily be amended, subject to the approval of the mayor. Councilman Nimmo amended the motion to reflect Mr. Windsor's recommendation. Motion carried 5:0 by roll call vote. Mayor Shiers indicated that because of the hour and the fact that there were members of the public awaiting the discussion, he was bringing Regular Business Agenda Item #D-3 up . The Clerk asked for a motion to extend the meeting past 11:00 p.m. Motion was made by Councilwoman Borgeson, seconded by Mayor Shiers and approved unanimously. D. REGULAR BUSINESS: 3. SIDEWALK DISPLAY AND SALES The City Manager reported that staff had received numerous formal complaints regarding sidewalk display in the downtown and explained that a previous situation had been specifically dealt with. He noted that the situation was perplexing in that Council had indicated a desire to work on an ordinance specifically for the downtown, but yet the City could not disregard the complaints. He reported that staff was looking for further direction from Council on how best to proceed. Discussion ensued regarding current regulation and procedure. Councilman Dexter emphasized that Council needed to decide if it wanted to ignore the present ordinance, enforce it, or modify it. CC9/24/91 Page 14 He suggested that the matter should be turned back to staff to allow them an opportunity to come up with something more equitable. Mayor Shiers remarked that Council had already taken steps in directing staff to draft a new ordinance for the downtown. He stressed that it could not ignore the ordinance; that there was no choice but to enforce it. Councilman Lilley stated that he could see no reason why the City should regulate what a store owner puts out on the sidewalk as long as it did not infringe upon the public's safety. He added that the ordinance should be repealed. The City Attorney advised that it would be appropriate for the City Council to direct staff not to enforce the ordinance while the ordinance is being re-drafted. Public Comments: John Himes, President of the Business Improvement Association, indicated that the BIA was in favor of outdoor display of merchandise and feel that there should be some aesthetic guidelines. He also commented that the City itself has violated the sign ordinance on more than one occasion. Ray Johnson, President of the Chamber of Commerce, asked that the present ordinance be held in abeyance and spoke in favor of selective sidewalk sales. Tricia Delmeyer, owner of Classy Coverups, reported that she had filed the twenty complaints because she wanted the matter to come to a head. She remarked that she had received her letter of non- compliance from the City three days after the complaint had been filed and asserted that letters have not yet been sent out to the other businesses. Ms. Delmeyer urged the Council to give the merchants the option of sidewalk display. Jim Berger, American Classics, asked the Council to repeal the current ordinance. Greg Grisanti, Grisanti Hardware, urged Council to "grandfather" in some uses and noted that the City had not enforced the ordinance in over five years. ----End of Public Testimony---- Councilwoman Borgeson commented that Council should only regulate safety issues on public sidewalks and not on private property. She stated that she was willing to rescind the present ordinance and support a rewrite that addresses safe pedestrian passage. CC9/24/91 Page 15 MOTION: By Councilman Dexter, seconded by Councilman Lilley to suspend the ordinance and direct staff to begin re- drafting the ordinance; motion carried unanimously. Mayor Shiers noted that Council would resume with Regular Business Item #1, as follows: 1. AWARD OF BID #91-14 FOR PURCHASE OF A FIRE DEPARTMENT VEHICLE Acting Fire Chief, Mike McCain presented the staff report and recommendation to award the bid to Kimball Motor Company in the amount of $21,979. 17. In addition, he explained that staff was also recommending Council approval to purchase an extended vehicle warranty in the amount of $722.00. Chief McCain answered to brief questions from Council. Public Comment: Lyle Curry, indicated support for the vehicle purchase, but opposed the expenditure for the extended warranty. He also stated that some of the vehicle options were not necessary. Chief McCain reported that the department had requested a 1990-91 year model to save costs and explained that the vehicle offered already had certain options. He reiterated the recommendation for purchasing the extended warranty. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to approve the purchase of a four-wheel drive vehicle as recommended by staff with the extended warranty; motion unanimously carried by roll call vote. 2. AUTHORIZING REQUEST FOR GOVERNMENT FINANCIAL ASSISTANCE FOR THE CARLTON HOTEL RENOVATION PROJECT A. Resolution No. 93-91 - Approving an Application for Fund- ing from the Economic Development Allocation of the State Community Development Block Grant Program and Identifying the Responsible Party for Grant Administration B. Resolution No. 94-91 - Approving an Application for a California Housing Rehabilitation Loan on Behalf of the Carlton Hotel Project Mark Joseph pointed out that the Council had just recently designated the Carlton Hotel as a historic building and reported that this matter was an attempt to receive governmental financial assistance. Although staff had originally recommended that applications from two separate sources be sought, he noted that he had just learned that the developer would need to apply directly CC9/24/91 Page 16 for funding from the Housing Rehabilitation Program. For this reason, the Administrative Services Director reported, staff was asking Council to approve only Resolution No. 93-91 and take no action on Resolution No. 94-91. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to adopt Resolution No. 93-91 approving an application for funding from the Economic Development Allocation of the State Community Development Block Grant Program; motion passed 5:0. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilwoman Borgeson asked the Administrative Services Director if he was aware of any grant monies available for the purchase of a tub-grinder. Mark Joseph indicated that although he was not aware of any, there may be. The City Manager stated that the matter would be explored. 2. City Attorney - No report. 3. City Clerk - No report. 4. City Treasurer - No report. 5. City Manager Mr. Windsor thanked the members of the City Council for approving his contract amendments. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to adjourn the meeting; motion carried. THE MEETING WAS ADJOURNED AT 11:50 P.M. THE NEXT MEETING OF THE ATASCAD!.RO CITY COUNCIL WILL BE OCTOBER 8, 1991 AT 7:00 P.M. MINU'T'E RECORD D AND PREPARED BY IEE RABOYLI, C ty Clerk CC9/24/91 Page 17