HomeMy WebLinkAboutMinutes 102291 Approved as Submitted
11/26/91
ATASCADERO CITY COUNCIL
MINUTES
OCTOBER 22, 1991
Mayor Shiers called the meeting to order at 7:01 p.m. The Pledge
of Allegiance was led by Councilman Lilley.
ROLL CALL:
Present: Councilmembers Lilley, Borgeson, Nimmo and
Mayor Shiers
Absent: Councilman Dexter
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
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; Mike McCain, Acting Fire Chief
and Robert Malone, Assistant Planner
COUNCIL COMMENTS:
Mayor Shiers mentioned that the downtown was looking much improved.
He reported that Wil-Mar Disposal, American Classic Cars and
Wilkins Printing had each installed new, green awnings as part of
the signing concept being implemented. The mayor also praised the
Atascadero News offices, which have recently been remodeled.
Mayor Shiers also reported that he had attended a wine dedication
ceremony for the City of Atascadero at April's Flowers on
Wednesday, October 16, 1991.
Councilman Lilley indicated that he, while attending the League of
California Cities' Annual Conference, had collected information
regarding various programs in other cities. He also noted that he
had learned of some available funding the City may qualify for in
areas of downtown revitalization, safe paths to school and solid
waste management. He reported that he would give the packet of
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information to the City Manager to disseminate at his discretion.
Councilwoman Borgeson reported that she had also attended the
Annual Conference and had brought back pamphlets prepared for the
public by the City of San Diego outlining various processes and
requirements. In addition, she stated that she had requested
copies of creek management materials to be forwarded to the City
Manager' s office.
PROCLAMATION:
Mayor Shiers read the proclamation for "Hospice Month", November
1991.
COMMUNITY FORUM:
Whitey Thorpe, 8025 Santa Ynez, thanked the City for putting back
into working order the street light at West Mall and Lewis Avenue.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as
follows. ) :
1. Recycling Committee - Mayor Shiers reported that the
committee would soon be looking for more members and
announced that the next meeting would be on Thursday,
October 24, 1991 at 4:30 p.m. in Room 102, City Hall.
2. City/School Committee - Councilman Nimmo reported that
the next meeting would be Thursday, October 21, 1991 at
1:30 p.m.
3. Downtown Interim Sign Committee - Councilman Lilley
indicated that this committee report would be covered
under Regular Business Item #D-5.
4. Economic Round Table - Councilman Lilley reported that
the roundtable had met on October 17, 1991 and certain
members had accepted assignments to prepare written
reports of ideas and concepts proposed during the
presentation to Council on September 24, 1991.
B. CONSENT CALENDAR:
Mayor Shiers read the Consent Calendar, as follows:
I. CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
2. SELECTION OF TRAFFIC CIRCULATION STUDY CONSULTANT
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3. AWARD CONTRACT FOR WASTEWATER PUMPING STATION #5 UPGRADE STUDY
4. AWARD OF BID #15-91 FOR PAVEMENT STRIPING OF VARIOUS CITY
STREETS
5. TENTATIVE PARCEL MAP 12-89, 10785 EL CAMINO REAL - Request for
a time extension on subdivision of 10.0 acres into four lots
(Colombo/North Coast Engineering)
6. TENTATIVE PARCEL MAP 23-87, 11605 SAN MARCOS ROAD - Request
for a time extension on subdivision of 10.55 acres into two
lots containing approximately 5.2 acres each (Vaughan/Vaughan
Surveys)
7. BOARD OF APPEALS VACANCIES--DIRECT CITY CLERK TO ADVERTISE
8. UNDERGROUND UTILITIES PROJECT--MORRO ROAD
The City Clerk asked that item #1 be continued. Continuance
granted by consensus.
Councilman Lilley asked that item #7 be pulled for further
direction.
MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to
approve the Consent Calendar with the exceptions of items
#1 and V.
Re; Item #B-7. BOARD OF APPEALS VACANCIES--DIRECT CITY CLERK TO
ADVERTISE
Councilman Lilley suggested that rather than recruit for two
vacancies on the five-member board, that Council consider reducing
the board to three members.
The City Attorney pointed out that the board is created by
provisions set forth in the Uniform Building Code, which specifies
certain membership. He noted that reducing the membership may not
be possible, but indicated that staff would research the matter.
Henry Engen reported that the vacancies occurred because two
members, John Grummitt and Jim Rogers, objected to the reporting
requirements for economic conflict of interest. He explained that
Ordinance No. 44 specifies that the board be comprised of one
member from the public, two general contractors, one architect or
structural engineer and one specialty contractor. He proposed that
if it was Council's desire to amend the ordinance, it could be done
during revisions to the building code; a matter pending in the work
program.
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Mayor Shiers indicated that he had no problem with reducing the
membership. By consensus, the matter was continued so that staff
could look into the matter of reducing the membership.
C. HEARINGSIAPPEARANCES:
1. ORDINANCE 233 - ADDING CHAPTER 5 TO TITLE 4 OF THE ATASCADERO
MUNICIPAL CODE REQUIRING THE DISPLAY OF STREET ADDRESS NUMBERS
(Recommend motion to waive reading in full and approve on
first reading by title only)
Chief McCain provided the staff report and recommendation to
approve.
Mayor Shiers proposed the following additional language to be
inserted in Section 5-1. 108 of the ordinance following the word
"misdemeanor" : "or infraction, as determined by the City
Attorney ll.
Councilman Nimmo voiced hope that good judgment and understanding
on the part of the City would be used in applying rules regarding
type, color and size of numbers. Chief McCain advised that the
Fire Department would be flexible as long as the numbers are
visible.
Public Comment:
Bill Mazzacane, Chamber of Commerce Director, spoke in support of
the ordinance emphasizing that currently many visitors find it
difficult to locate merchants and businesses in the commercial
sector.
MOTION: By Councilman Lilley, seconded by Councilman Nimmo to
adopt Ordinance No. 233 as amended with regard to 5-
1. 108; motion carried unanimously 4:0.
D. REGULAR BUSINESS:
1. TENTATIVE PARCEL MAP 07-91 - AGREEMENT (Plotkin) (Cont'd from
10/8/91)
Art Montandon, City Attorney, reported that he had met with the
appellant, Mr. Plotkin who was present, and discussed the matter
with the City Engineer. He indicated that there had been agreement
on two additional conditions of approval on the tentative parcel
map, specifically as follows: ( 1) Developer shall remove, or
otherwise make legal, the barn located on the property within two
years of the approval of the tentative map or the recordation of
the final map, whichever is later. (2) Developer shall install or
bond for a sidewalk or bike path to be located on one side of
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Atascadero Avenue, as determined by the City Engineer. He
explained that whenever the final map is applied for, the City
Engineer will determine if it is appropriate at that time that the
applicant install the improvement or bond for it. Continuing, the
City Attorney reported that if the City has not yet decided upon
which type of improvement it will require, the owner will be
obligated to provide a bond in an amount of the estimated cost.
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
approve . Tentative Parcel Map 07-91 as amended; motion
carried 4:0.
2. RESOLUTION NO. 101-91 - REVISING & ESTABLISHING WRITTEN POL-
ICIES AND PROCEDURES FOR USAGE OF PARRS, RECREATION & ZOO
FACILITIES, AND REVISING AND ESTABLISHING FEES FOR THEIR USE
Andy Takata reported that, following discussions with the City
Attorney, staff was proposing that the Council adopt, by
resolution, only the recommended fees. Mr. Takata explained that
there were some items the City Attorney wanted to review and
rewrite and invited Council comments. He stated staff would come
back at a future date with revised procedures and policies for
adoption.
Councilwoman Borgeson asked for clarification about zoo fees. She
suggested that the $1.00 charge for children ages 6 through 12 may
be too high for needy families and proposed that it be reduced by
25 or 50 cents.
Councilman Nimmo suggested that an easy-to-read publication or
handout be prepared outlining the fee structure.
Mr. Takata responded to additional questions relating to fees for
use of the Pavilion and recommended that these fees be reviewed in
six months.
Councilwoman Borgeson suggested that language regarding ceremonial
occassions be amended. Specific reference to "Christmas" and
"Easter", she noted, should be eliminated in an effort to recognize
religions other than Christian. The City Attorney agreed, noting
this was one of the areas in which he had some concerns. He
advised that the City must stay neutral; it cannot promote or
discriminate against any religion.
Councilman Lilley indicated that he had some concerns with language
relating to the distribution of pamphlets and other materials. The
City Attorney indicated that he would review this item as well.
There were no public comments.
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MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson
to adopt Resolution No. 101-91 as to fees only, on the
contingency that staff bring back to Council six months
from the date of adoption an evaluation of the effect of
fees on usage and cost for further consideration; motion
unanimously carried.
3. VISITORS & CONFERENCE BUREAU ANNUAL BANQUET REQUEST
Mark Joseph reported that there were two issues to address. The
first, he explained, was a specific request from the San Luis
Obispo County Visitors & Conference Bureau to make an exception to
its policy of no alcohol in the fourth floor Rotunda. The second
issue, he continued, was should Council reevaluate its "no
alcohol" policy.
Public Comments:
Jonni Eylar, Director, explained that the Visitors & Conference
Bureau held a banquet each year in a different community and
indicated a desire to have this year's dinner in Atascadero. She
indicated that area wines would be served and requested that
Council consider waiving the alcohol restriction for this one
event.
Bill Mazzacane, Director of the Chamber of Commerce, gave verbal
support for the request emphasizing that the banquet would be a
good way of referring visitors to Atascadero.
Whitey Thorpe opposed the request and urged Council to not give up
standards set by City.
---End of Public Testimony----
Individual Council comments followed. Councilman Nimmo indicated
that he did not want to permanently lift the restriction, but would
be willing to make an exception for this special request and other
requests on a case-by-case basis. Councilman Lilley agreed.
Councilwoman Borgeson commented that while she was a strong
supporter of the Visitors & Conference Bureau, she was, opposed to
waiving the "no alcohol" policy.
Mayor Shiers remarked that he, also, would be willing to make
allowances for this and other special occasions on a case-by-case
basis.
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
make an exception to the policy of no alcohol on the
fourth floor Rotunda and allow the Visitors & Conference
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Bureau to hold its' banquet; and further that by Council
action agree to approve or disapprove future requests on
a case-by-case basis; motion carried 3: 1 with
Councilwoman Borgeson in opposition.
4. NATIVE TREE ASSOCIATION STEERING COMMITTEE
Greg Luke reported that staff was seeking direction from Council as
to forming a seven-member steering committee to establish the
Native Tree Association.
Councilwoman Borgeson asked when a full time Natural Resource
Specialist would be hired. The City Manager reported that the
position had not been included in this year's budget and explained
that the position of Administrative Analyst was being held by Kelly
Heffernan. He added that while Ms. Heffernon did not have the
specialized training required of a Natural Resource Specialist, she
was providing a wider range of services to the City than the former
City Arborist.
There were no public comments.
Councilman Nimmo suggested that the steering committee consist of
five rather than seven individuals. Brief discussion followed
regarding the process of choice for selecting members.
It was agreed that each councilmember would submit one or two
names to the mayor and individuals would be appointed at the
next regular meeting.
Referencing possible receiver sites for trees, Councilwoman
Borgeson indicated that she held in higher priority Highway 101.
The Public Works Director reported that Paloma Creek Park can be
planted now and advised that it takes some time to work out the
necessary details with Caltrans. He assured her that staff did
indeed hold that area high on their list.
5. DOWNTOWN STREET IDENTIFICATION SIGNS AND SUPPORT POLES (Cont'd
from 10/8/91)
Councilman Lilley, as a member of the Downtown Sign Committee,
introduced the item reporting that the committee was seeking
approval for the purchase and installation of traditionally
designed street identification signs and poles in the downtown. In
addition, he explained, that the committee was proposing the
construction of a prototype intersection at Entrada and Palma.
Bob Malone, Assistant Planner, provided an overview of the
conceptual design of new street identification signs and estimated
costs to install 12 new signs and poles. He explained how he
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arrived at the potential cost but emphasized that he had not been
authorized to go out for specific bids.
Greg Luke explained certain road improvements in the downtown area
had been approved as part of the annual budget. He suggested that
Council might want to go one step further and enhance the downtown
area as well as meet other goals in the downtown master plan. He
stated that no formal details had been worked on for the proposed
prototype intersection.
Bob Malone then presented overhead transparencies illustrating the
design concept of the prototype intersection. He explained that an
entire intersection was envisioned with street sign poles, lights,
benches and waste containers. The sidewalks, he continued, would
be widened and restructured.
Public Comments
Eric Greening commented on landscape materials used for street
medians.
Whitey Thorpe asserted that the proposed sign looks like it was
pulled out of the landfill and urged the use of a sign that can be
seen.
----End of Public Comments----
Brief discussion followed.
MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson,
to approve going out for RFPs (Request for Proposals) for
twenty-one pole sign-lights as indicated in the analysis
and also give staff direction to come back with
additional proposals with respect to a demonstration
intersection; motion carried 4:0.
Mayor Shiers called a recess at 8:47 p.m. The meeting was
reconvened at 9:08 p.m.
6. NO SMOKING ORDINANCE CONSIDERATION
The City Manager reported that he was seeking direction from the
Council on the level of formal smoking prohibition in public areas.
He indicated that he had issued an administrative directive
prohibiting smoking in City Hall offices in November of 1989 after
receiving a petition from employees. Mr. Windsor noted that
Councilman Dexter was absent and indicated that he had an interest
in this matter. He then responded to brief questions concerning
City employees and smoking practices.
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Councilwoman Borgeson asserted that there was no statistical
information in the agenda packet regarding detrimental affects of
smoking and secondhand smoke. The Police Chief indicated that the
information was available and offered to assemble the data.
Public Comments:
Eric Greening asked that consideration be given to individuals who
are chemically sensitive or allergic to cigarette smoke.
Larry Willis, 4255 E1 Camino Real, shared concern for regulation of
private businesses. He indicated that he did not disagree with
prohibiting it in City buildings but did not favor the idea of a
city-wide ban.
Whitey Thorpe recognized the factor of addiction and asked the
Council to consider the rights of those who are still addicted to
the habit of smoking.
Marie Lueck, 5005 San Jacinto, stated that most smokers are
considerate and businesses should be given the choice of whether
they want to allow smoking or not.
Eric Greening noted that it was "Red Ribbon Week" and stated that
he was concerned about the mixed messages that are being sent out
to the young people. He asked how many other addictive habits
would be allowed in City Hall.
Marty Kudlac, 4740 Del Rio Road, asserted that there was no medical
documentation that proves secondhand smoke is detrimental and
stated that if the City were to ban anything, it should ban
alcohol. He asked that consideration be given to the impacts a
smoking ban would have on local businesses and asked that they be
given the opportunity to make their own decision on the matter.
----End of Public Testimony----
Councilman Nimmo indicated that he had no quarrel with a smoking
ban in City Hall but was not prepared to go with any further
prohibition. Councilman Lilley proposed that Council adopt an
ordinance formalizing the administrative directive of "no smoking"
in City facilities. Mayor Shiers indicated support.
Councilwoman Borgeson commented that she would be willing to
consider a ban in some restaurants, adding that she hoped
restaurants would conform voluntarily. She proclaimed that the
Council has the responsibility to protect the citizenry and
reiterated the need for more documentation.
Councilman Nimmo stated that there was consensus that smoking is
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unhealthy and remarked that he was not in favor of putting staff to
a great deal of research. Councilwoman Borgeson debated that if it
has been proven that secondhand smoke is harmful, the Council must
address the issue of protecting public health. Chief McHale
reiterated that he could provide the Council with documentation.
MOTION: By Councilman Lilley, seconded by Mayor Shiers that staff
bring back to the Council for adoption an ordinance on
the part of the City of Atascadero prohibiting smoking
inside public buildings owned and operated by the City of
Atascadero.
Discussion of the motion: Councilwoman Borgeson pointed out
that staff had also requested direction concerning prohibition
in other public areas and asserted that a full hearing would
be in order. She added that it would be appropriate to have
a full council present. Councilman Lilley clarified that his
motion was intended to provide that an ordinance prohibiting
smoking in facilities owned by the City be adopted without
undue delay. He explained further that the motion was without
prejudice to any direction on the part of staff to come back
with additional information for consideration of a smoking ban
exceeding the bounds of his motion. Mayor Shiers indicated
that he understood the intent of the motion and agreed with
the necessity of an additional hearing.
Vote on the motion: Motion unanimously carried 4:0.
7. ORDINANCE NO. 232 - Amending the Official Zoning ordinance
relative to the allowed height of fences, hedges and walls
located within required front yard setback areas and side yard
setback areas where the side yard lies adjacent to a street
(Recommend motion to waive reading in full and approve on
second reading by title only)
The mayor reported that this ordinance was back for second reading.
There were no questions or comments.
MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to
approve and adopt Ordinance No. 232 on second reading;
motion unanimously passed.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Attorney
Art Montandon requested a leave of absence for one month and
reported that the Assistant City Attorney, Mary Redus Gayle, had
agreed to step in. He reported that she would be available daily
by telephone and would personally be in the office on Mondays of
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each week.
2. City Clerk
Lee Raboin reported that she had attended a records management
seminar in Sacramento on October 29th & 30th and mentioned
preliminary plans for a records retention policy.
3. City Manager
Ray Windsor extended an invitation to members of the Council and
others to take a tour of the Lake Park Pavilion. He indicated that
the Public Works Director would make the arrangements.
MOTION: By Councilwoman Borgeson, seconded by Councilman Nimmo to
adjourn the meeting; unanimously carried.
THE MEETING WAS ADJOURNED AT 9:55 P.M. THE NEXT REGULAR MEETING OF
THE ATASCADERO CITY COUNCIL WILL BE NOVEMBER 12, 1991 AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
LEE RABOIN, City Clerk
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