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HomeMy WebLinkAboutMinutes 111291 Approved as Submitted 12/10/91 ATASCADERO CITY COUNCIL NOVEMBER 12, 1991 MINUTES Mayor Shiers called the meeting to order at 7:00 p.m. Councilman Dexter led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Lilley, Borgeson, Dexter and Mayor Shiers Absent: Councilman Nimmo (arrived at 8:30 p.m. ) Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Mary Redus Gayle, Assistant City Attorney; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief and Robert Malone, Assistant Planner COUNCIL COMMENTS: Councilman Lilley mentioned that Atascadero Sewing Center had installed green awnings and congratulated the store owners for participating in the new downtown signing program. Mayor Shiers and Councilman Dexter commented on the newly-remodeled and attractive appearance of the elevator in City Hall. COMMUNITY FORUM: Eric Greening, 7365 Valle, asked if the public comment period on the Highway 41 Environmental Impact Report was open and if Caltrans will receive letters from the public. Henry Engen, Community Development Director, reported that Caltrans had postponed a meeting tentatively set for December 12, 1991 because the document was not complete. He indicated that the public hearing would probably be set for sometime in January, 1992 and suggested that the public hold their letters until the 45-day review period is CC11/12/91 Page 1 opened. Larry Sherwin, 2755 Campo Road, criticized recent Planning Commission action on creek setbacks and asked Council to look into possible "misuse of office" on the part of Commission Chairperson, George Luna. Mayor Shiers indicated that the Council would hold a public hearing on the General Plan Update during the month of December. Eric Michielssen, 5300 Aguila, referenced the Atascadero 2000 Plan and expressed hope that public input would still be accepted on the General Plan Update, specifically as it relates to job/housing balance and affordable housing issues. 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 she had attended meetings for both bodies on November 6, 1991. She announced authorization had been given for an additional bus to meet the increased ridership on Route 9 and that the Regional Transportation Improvement Program, the Regional Aviation Improvement Program and the Revised Regional Housing Needs Plan had been adopted. She added that the delegates had been reminded that very low income is 50% of the county income and it is this group' s need that is not being met. Councilwoman Borgeson remarked that she had been told that "granny" units would be a positive step toward meeting the City's affordable housing needs. In addition, she reported that the annual unmet need balance is currently 97 units. Mayor Shiers asked if the median county income figure was presented. Councilwoman Borgeson indicated that the exact amount had not been at hand, but discussion revealed that it was not more than $32,000/year. She projected that 50% of the people are earning less than $15,000/year. 2. Recycling Committee - Mayor Shiers reported that he had not been able to attend the last meeting but had reviewed the minutes. He commented that the committee was planning out issues for the next six months and that members would be making short publications in the newspaper. He announced that the next meeting would be Thursday, November 14, 1991 at 4:30 p.m. in Room 102, City Hall. CC11/12/91 Page 2 3. City/School Committee - The City Manager noted the next meeting to be November 21, 1991 at 1:30 p.m. in his office. Mayor Shiers indicated that he had received a call concerning the lack of a safe route to school in the Del Rio Road area. He mentioned that the Circulation Element would address this matter, but suggested that maybe the committee should look into it. Councilwoman Borgeson added that extra care needs to be given during the construction phase of the new San Benito School. 4. Traffic Committee - Greg Luke advised that there were two recommendations made by the committee on the Consent Calendar. S. Downtown Interim Sign Committee - Councilman Lilley deferred this report to Regular Business Item #D-3. 6. County Water Advisory Board- Councilwoman Borgeson reported that this board had met on the 6th of November and indicated that comments to the Board of Supervisors on "State Water" are being prepared. 7. Economic Round Table - the City Manager announced the next meeting to be November 20, 1991 at 7:30 a.m. in Room 102 of City Hall. Councilman Lilley added that the subcommittee chairs are currently working on reports to the City Council, as requested. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 2. CITY COUNCIL MINUTES - OCTOBER 8, 1991 3. CITY COUNCIL/PLANNING COMMISSION MINUTES - OCTOBER 10, 1991 4. CONSOLIDATED CITY TREASURER'S REPORT - SEPTEMBER, 1991 5. RESOLUTION NO. 102-91 - ESTABLISHING 30 M.P.H. SPEED LIMIT ON GRAVES CREEK ROAD FROM MONTEREY ROAD TO SAN FERNANDO ROAD 6. RESOLUTION NO. 103-91 - ESTABLISHING "NO PARKING" ZONE ON SANTA ROSA ROAD FROM MARCHANT WAY TO LAKEVIEW DRIVE 7. AWARD CONTRACT FOR ENGINEERING SERVICES FOR RECOVERY OF RE- CLAIMED WATER CC11/12/91 Page 3 8. AWARD BID #91-13 - CONTRACT FOR REHABILITATION OF WASTE WATER LIFT STATION #4 9. CIRCULATION ELEMENT AND EIR CONTRACT (DRS ASSOCIATES) Mayor Shiers mentioned a minor correction to the Minutes of September 24, 1991 (Item #B-1) . Councilwoman Borgeson pulled item #B-7. The City Manager pulled item #B-8. The City Clerk pulled Item #B-3 for clarification. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to approve the Consent Calendar with the exception of Items #B-3, 7 and 8; motion carried unanimously by roll call vote. Re: Item #B-3. CITY COUNCIL/PLANNING COMMISSION MINUTES - OCTOBER 10, 1991 The City Clerk clarified a statement made by Councilman Nimmo during the joint session of October 10, 1991. She read for Council proposed amended language on page four of the minutes, in the third paragraph under the item entitled, "Creekway Mapping Committee Final Report". MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve the minutes as amended; motion passed 4:0. Re: Item #B-7. AWARD CONTRACT FOR ENGINEERING SERVICES FOR RECOVERY OF RE-CLAIMED WATER The City Manager requested a continuance on this matter to allow staff to prepare additional requests for proposals. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to continue the matter to allow time to go out to bid; motion carried unanimously. Re: Item #B-8. AWARD BID #91-13 - CONTRACT FOR REHABILITATION OF WASTE WATER LIFT STATION #4 Mr. Windsor reported that the Assistant City Attorney was recommending some minor changes to the contract. Mary Gayle reviewed the semantic changes to the agreement and advised that with the corrections, the contract would then be approved by the City Attorney's office. MOTION: By Councilman Lilley, seconded by Councilman Dexter to adopt the amendments as proposed by the City Attorney; motion carried 4:0. CC11/12/91 Page 4 C. HEARINGSIAPPEARANCES: 1. TENTATIVE TRACT MAP 04-91, 7325-7329 SANTA YSABEL - Appeal of Planning Commission' s recommendation to deny proposed conver- sion of existing 6-unit, multi-family project to condominiums. Henry Engen presented the staff report and recommendation to deny the appeal pursuant to the Exhibit "F" of the Planning Commission' s Findings for Denial. Responding to inquiry from Councilwoman Borgeson, the Community Development Director reported that this application had come in after the condominium conversion ordinance was adopted (January 8, 1991) . He stated that the final application was submitted in July and determined complete in August. Public Comments: John Faulkenstein, Cuesta Engineering, spoke on behalf of the applicant and provided background on the project application. He asked that the City Council allow an exception to the density standards of the RMF zone relative to condominium conversions. Don Sausserig, 10735 San Marcos Road, asked why it is that there is opposition to condominium conversion and stated that he believed they would fill a need for housing. Roberto Nathan, applicant, explained that he had bought the property with the understanding that he could develop the project. He explained the process he had followed and the frustrations he had encountered. Mr. Nathan asserted that the project would provide affordable housing and urged the Council to grant the appeal. Valerie Lowe, 6500 Alcatara, remarked that she was a neighbor to the project site and spoke in support of the appeal. She stated that the complex fits all other criteria for conversion and pointed out that not all condominiums are purchased by homeowners, but rather by investors who will rent them out. ---End of Public Testimony--- Councilwoman Borgeson indicated that she had asked the Community Development Director at the time Council was looking at an urgency ordinance whether or not there were any applications in the "pipeline" and asked if this project was one of them. Mr. Engen reiterated that the project application had not been deemed complete until months after the moratorium. Individual Council comments followed supporting the Planning Commission' s recommendation to deny the appeal. CC11/12/91 Page 5 MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to uphold the Planning Commission's denial and approve the staff recommendation to deny the Tentative Tract Map 04-91 based on the Findings of Denial in Attachment "F"; motion unanimously carried 4:0. 2. ORDINANCE NO. 234 - AMENDING THE ZONING ORDINANCE TEXT TO ALLOW AWNINGS AS AN ALTERNATIVE TO CONVENTIONAL SIGNS IN THE DOWNTOWN ZONES (Zone Change 10-91) (Recommend motion to waive reading in full and approve on first reading by title only) Henry Engen presented background and staff recommendations to approve. Robert Malone, Assistant Planner, distributed to Council copies of the brochure outlining the program. Councilwoman Borgeson commented that she thought limitations proposed for window graphics were too strict. In addition, she questioned the need for all awnings in the downtown to be in the same shade of green and asserted that she favored more individuality. Mr. Engen advised that the Downtown Master Plan allows for awnings, but does not mandate specific color. Council- man Lilley explained that one fundamental purpose of the downtown signing program is to tie the diverse architectural building styles together and indicated that the use of one color for the awnings is a way to achieve this. He added that the B.I.A. strongly endorsed the color scheme. Councilman Dexter expressed support for the program and made the following motion: MOTION: By Councilman Dexter, seconded by Councilman Lilley to waive the reading of Ordinance No. 234 in full and read by title only; motion unanimously passed. MOTION: By Councilman Dexter, seconded by Councilman Lilley to approve Ordinance No. 234 on first reading; motion passed 4:0 by roll call vote. D. REGULAR BUSINESS: 1. 3-F MEADOWS ASSESSMENT DISTRICT (Public hearing closed) Mayor Shiers announced that the Council had received a request from 3-F Meadows resident Howard Marohn to continue this matter for two weeks. Councilwoman Borgeson asked for clarification from legal counsel relative to public hearing rights. Mary Gayle revealed that the Council had advertised, held and closed a noticed, public hearing CC11/12/91 - Page 6 on the matter and advised that it would not be appropriate or legal to take additional testimony on the issue. The City Manager recapped that the public hearing on September 24, 1991 had been closed and staff had been directed to review State Department of Real Estate (DRE) reports relative to the developer' s responsibility towards roads in the 3-F Meadows area. He advised that it might be well to receive a status report from the Assistant City Attorney, but noted that there was still work to be done. Mary Gayle briefly apprised the Council of her research to date. She reported that it was stated in the DRE report she had examined that the responsibility for the roads is that of the lot holder. She reported that the roads are private, that there are easements over them and they are not in the public domain or owned by the City or the County. In addition, she informed the Council that there are a number of streets in 3-F Meadows (Block 31) that are not listed in the DRE report she reviewed and advised that additional research will be necessary to this regard. The City Manager urged the Council to direct Mary Gayle to go to Sacramento to conduct further investigation noting that this matter ties into the whole issue of "Colony Roads" . MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to continue the matter, re-publish a public hearing on the matter and authorize the Assistant City Attorney, on the advice of the City Manager, to do what is necessary to complete the investigation and report back prior to the hearing. Discussion on the motion: Mr. Windsor pointed out that November 26, 1991 was the date requested by Mr. Marohn and asked the Assistant City Attorney if his request would allow sufficient time to obtain the information and notice the hearing. Mary Gayle indicated that it would not. Council agreed that a hearing date would not be set until it was certain that all the information had been received. Vote on the motion: Motion carried 4:0. Councilman Nimmo arrived at 8:30 p.m. 2. OFFERS TO PURCHASE REAL PROPERTY (Resolutions of Necessity) A. Resolution No. 104-91 - Finding and determining that the public interest, convenience and necessity require the acquisition of certain real property for public park and recreational purposes and all uses appurtenant thereto (Fluitt and Ward (Stadium Park) ) CC11/12/91 Page 7 Mary Gayle presented the staff report and advised the Council that it was only required by law to hear from the property owners or those with an option on the property. Public Comment: Clayton Fluitt, owner of the acreage, indicated that Earl Ward has an option on the property. He stated that he understood that Mr. Ward would be present and deferred comments to him. Mr. Ward was not present and no other member of the public presented testimony. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to adopt Resolution No. 104-91; motion unanimously carried. B. Resolution No. 105-91 - Finding and determining that the public interest, convenience and necessity require the acquisition of certain property for public purposes as a part of the Amapoa Drainage Project and all uses appurtenant thereto (Guidry (Lake Park) ) The City Manager reported that a request to continue this matter for thirty days had been received from the law firm of Mullen & Henzell, representing Mr. and Mrs. William P. Guidry, Jr. He suggested that the matter be put over until January 14, 1992. By mutual agreement, Council continued the hearing until January 14, 1992. Mary Gayle remarked that notices of continuance would be mailed to the property owners and their legal counsel. Mayor Shiers called a short recess at 8:45 p.m. The meeting was reconvened at 9:00 p.m. 3. DOWNTOWN: INTERSECTION OF PALMA & ENTRADA AVENUES - Review of conceptual site plan for pedestrian-oriented intersection im- provements Robert Malone presented the staff report and overview of staff recommendations to endorse a, downtown streetscape theme and prototype design for street improvements and street furniture at the intersection of Entrada and Palma Avenues. He explained each of the two options proposed. Public Comments: Eric Greening, 7365 Valle, spoke in support of the concept and design. CC11/12/91 Page 8 John Himes, representing the B.I.A. , indicated enthusiastic support and reported that the association was willing to transfer funds originally set aside for street lights as a way to help meet the costs of the proposed street furniture. He added that if the project is approved, he hoped that the work would be completed quickly so that it would not be too painful for the downtown. Sarah Gronstrand, 7620 Del Rio Road, reminded Council that she had been a member of the Downtown Master Plan Committee and disagreed with portions of the staff report regarding implementation of the plan. She asserted that the prototype design was a deviation from the Master Plan and proclaimed the proposed project pointless, wasteful and unnecessary. John Cole, 8710 Sierra Vista, described the proposed intersection as an extravagant expenditure and declared that there are matters of public health and safety which are in greater need of attention. He urged the Council to give this matter serious consideration. ---End of Public Testimony--- Councilwoman Borgeson indicated that she was not in support of the proposed project and pointed out that Council had not given priority to the matter by listing it in the Five-Year Capital Improvement Program. Councilman Dexter remarked that the Council had collectively made downtown beautification a goal and contended that the theme is important for restructuring the downtown. Councilman Nimmo stated that he was in full support and added that he did not perceive the expenditure to be wasteful. He asserted that it was time to begin making some progress in revitalizing the downtown. Councilman Lilley agreed, adding that it would be, in conjunction with private enterprise, a prudent investment in the economic future of the community. Councilwoman Borgeson affirmed that she was in favor of downtown revitalization but deems the expense of the proposition to be excessive. Mayor Shiers indicated that he was willing to support the project noting that it would attract business. He added that he surmised the City would get a return on the investment. MOTION: By Councilman Dexter, seconded by Councilman Lilley to approve Option #1 for downtown street improvements and furniture; motion carried 4:1 with Councilwoman Borgeson voting in opposition. CC11/12/91 Page 9 4. AWARD OF BID #91-16 FOR PURCHASE OF PHOTOCOPIER Mark Joseph provided background and staff recommendation to award the bid to Eastman Kodak Company. He reported that product features of the Kodak machine, including volume capacity, accessibility and a continuous forms feeder were a component in making the decision to go with the second lowest bidder. He indicated that representatives from both Eastman Kodak and More Office Systems, the low bidder, were present. Public Comments: Tito Molfino, More Office Systems, told the Council that the Canon product he had bid met the specifications in the first and in the second bid. He compared features of the copier to those of the product offered by Kodak and emphasized that if a continuous forms feeder was desired, it should have been specified in the bid package. Mr. Molfino, who is an Atascadero resident, urged Council to buy from his firm, the lowest responsible bidder. Greg Swanson, Eastman Kodak Company, pointed out that his price had been the lowest one on the original bid. He noted that, the second time around, each vendor had bid the same machine only with lower prices and stressed that Kodak still came in second lowest. Mr. Swanson implored the Council to chose the copier recommended by those who will use it: City staff and volunteers. Councilman Nimmo asked the Eastman Kodak representative how many copiers of this model were in San Luis Obispo County. Mr. Swanson responded that there was one. ---End of Public Testimony--- Council comments followed. Councilman Nimmo indicated that he was as uncomfortable with this bid as he was with the first one and remarked that the invitation to bid should have addressed the issue of paper jams. Councilwoman Borgeson observed that staff had a preference for the Kodak when the lowest responsible bid was" for the Canon. Councilman Lilley criticized the bid process remarking that a process should be adopted whereby specific details are evaluated and requested features are specified. Councilman Dexter recognized the need to fine tune the bid process, but commented that he favored going along with the staff recommendation, MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to award the bidtoMore Office Systems of San Luis Obispo for a Canon NP-9800; motion carried 4:1 with Councilman Dexter voting in opposition. CC11/12/91 Page 10 5. APPOINTMENT OF NATIVE TREE ASSOCIATION STEERING COMMITTEE Mayor Shiers indicated that he had received from all councilmembers names for the Native Tree Association steering committee. He stated that more names were submitted than the proposed size of the committee and suggested that individuals whose names were mentioned by at least two councilmembers be appointed. Members of Council concurred. MOTION: By Mayor Shiers, seconded by Councilman Lilley to appoint Erika Banner, Eileen and Craig Cunningham, Fred Frank, Marj Mackey and Jim Patterson to be steering committee for the Atascadero Native Tree Association; motion unanimously approved. 6. 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 second reading by title only) Mayor Shiers indicated this was the second reading of this ordinance. Councilman Dexter inquired about the size of street numbers as proposed by the ordinance. The mayor relayed the fire chief' s comments from the past meeting indicating his willingness to be somewhat flexible with this provision as long as the address could easily be seen. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to adopt Ordinance No. 233 on second reading; motion carried 5:0 by roll call vote. 7. DECEMBER MEETING SCHEDULE A. Regular Council Meeting December 24th Mayor Shiers pointed out that the second meeting would fall on Christmas Eve. MOTION: By Councilman Lilley, seconded by Councilman Dexter to cancel the meeting of December 24, 1991; motion passed unanimously. B. General Plan Hearing Schedule Mayor Shiers mentioned that the suggested date was Thursday, December 19, 1991 at 7:00 p.m. There was consensus to set the special hearing for that date. CC11/12/91 Page 11 C. Fiscal Model Demonstration by Multari, Crawford & Starr Mayor Shiers indicated that staff had requested Council meet at 6:00 p.m. on December 10th to receive the consultants' presentation. The City Manager stated that he would invite the members of the Planning Commission to also attend. Council concurred. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Nimmo reported that he had attended on behalf of the mayor a meeting on October 29, 1991 for the purpose of nominating, at the request of the Governor, at least two city councilmembers to the California Coastal Commission. He stated that following three city councilmembers were nominated: Rosemarie Sheetz of Morro Bay, Chuck Comstock of Grover City and Dick Morrow of Pismo Beach. 2. City Treasurer Micki Korba reported that the September Treasurer's Report shows the month's interest from the Orange County Investment Pool as $55,901.75 and advised that this figure was actually the interest for the quarter ending June 30, 1991. She stated that the interest was not received until September, adding that there is a 10-week lapse between the time the interest is earned and it is posted to the account. Ms. Korba advised that the interest for the quarter ending September 30th was $123,895.84. THE MEETING WAS ADJOURNED AT 10:23 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL IS TUESDAY, NOVEMBER 26, 1991 AT 7:00 P.M. MINUTES RECORDED AND PREPARED BY: RABOIN, C ty Clerk CC11/12/91 Page 12