HomeMy WebLinkAboutMinutes 041492 Minutes Approved as Submitted
Meeting Date:
ATASCADERO CITY COUNCIL
APRIL 14, 1992
MINUTES
The Mayor called a special session to order at 6:12 p.m. for the
purpose of interviewing candidates for the City's Traffic Committee
and for the Board of Directors for the Atascadero Community
Services Foundation, Inc.
Interviewed for the Traffic Committee were Cindy Campbell, Ray
Jansen and Jerry Ferguson. It was noted that one applicant, Norm
Rogers, was unable to attend the interviews due to a prior
commitment. The Council asked the Clerk to extend to him their
regrets for not being able to interview him and to encourage him to
re-apply at some other time. The selection process followed the
interviews and Cindy Campbell was chosen to serve a two-year term
on the Traffic Committee.
Interviews were then conducted for the Atascadero Community
Services Foundation, Inc. Board of Directors. Interviewed were Hal
Carden, Irene Bishop, Greg Cobarr, Ron Nordeen and Sandra Schaefer.
Council also considered the application of Barbara Reiter, who was
not present.
Andy Takata, Director of Community Services, indicated that the by-
laws for the newly-formed foundation allowed three, five or seven
members of the public to serve on the Board of Directors.
MOTION: By Councilman Nimmo, seconded by Mayor Shiers to appoint
five members-at-large to the Board of Directors; motion
carried 5:0.
MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter
to appoint Irene Bishop, Hal Carden and Gregg Cobarr for
three-year terms each and to appoint Ron Nordeen and
Sandra Schaefer for two-year terms each; motion carried
unanimously.
At approximately 7:45 the regular meeting was called to order.
Mayor Shiers led the Pledge of Allegiance.
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ROLL CALL:
Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter
and Mayor Shiers
Absent: None
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; Mary Redus Gayle, Assistant
City Attorney; Mark Joseph, Administrative
Services Director; Andy Takata, Director of
Community Services; Greg Luke, Public Works
Director and Bud McHale, Police Chief
APPOINTMENTS:
Mayor Shiers announced to the public that the Council had
interviewed and selected candidates for appointment to the City's
Traffic Committee and the Board of Directors for the Atascadero
Community Services Foundation, Inc. The appointments were formally
made as follows:
A. RESOLUTION NO. 37-92 - "POINTING ONE MEMBER TO THE CITY OF
ATASCADERO'S TRAFFIC COMMITTEE
MOTION: By Councilman Lilley, seconded by Councilman Dexter to
adopt Resolution No. 37-92 and appointing Cindy Campbell
to the Traffic Committee; motion unanimously carried.
B. RESOLUTION NO. 38-92 - APPOINTING THREE MEMBERS-AT-LARNE TO
THE ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. , BOARD OF
DIRECTORS
MOTION: By Councilman Lilley, seconded by Councilman Dexter to
adopt Resolution No. 38-92 appointing five board members
to the Atascadero Community Services Foundation, Inc. ;
motion unanimously passed.
Councilman Dexter commented that all applicants were outstanding.
PROCLAMATIONS:
The mayor read proclamations for "Month of the Child", April 1992
and "Community Services Month", April 1992. He also read the
proclamation for "Public Schools Week", April 20-26, 1992 and
presented it to Bill Berry, local mason.
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Barbara MacGregor, Executive Director of the North County Womens'
Shelter accepted a proclamation for "Atascadero Crime Victims'
Rights Week" set for April 26-May 2, 1992 and thanked the City of
its' continued support. She invited all to a special luncheon at
the end of the week and mentioned that the Atascadero Police
Department would be honored for outstanding service.
Mayor Shiers read the proclamation for "National Volunteers Week",
April 26-May 2, 1992 and presented official copies to Marilyn
Wilson and Toni Andre, Directors of the C.A.L.L. Agency; to Carol
Conway, Project Director for R.S.V.P. and to Jody Neal, Educational
Coordinator for the San Luis Obispo County Zoological Society.
"S.H.O.E. Walk Day" was declared as May 3, 1992 and Mayor Shiers
presented the proclamation to Margaret Fertschneider and Livia
Kellerman.
COMMUNITY FORUM:
George Luna, candidate for City Council, announced that 19 of his
political campaign signs had been vandalized. In addition, he
reported signs for another Council candidate had also been damaged
and offered a $250.00 reward for information leading to the arrest
of the vandals.
Ray Jansen, 6655 Country Club Drive, read a prepared statement
regarding the proposed realignment of Highway 41 (see Exhibit A) .
COUNCIL COMMENTS:
Councilwoman Borgeson voiced concern about campaign sign vandalism
and indicated that she would contribute an additional $100.00 to
the reward offered by Mr. Luna.
Councilman Nimmo remarked that sign vandalism had affected more
than two candidates and added that, as a candidate himself two
years ago, he had also had signs destroyed. He noted that episodes
like this are part of the political arena and stated that he hoped
it did not impact the Police Department.
Councilman Lilley mentioned that he was distressed about vandalism
at the Senior Citizens' Center and urged the community at-large to
be more vigilant to the destruction of property of others.
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 announced that she would present a
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report at the next meeting.
2. Solid/Hazardous Waste Management Committee - Councilman
Nimmo reported that the committee had met on April 2,
1992 and discussion ensued regarding a series of
workshops with the various jurisdictions relating to the
Source Reduction and Recycling Element (SRRE) . He
indicated that his position had been that the workshops
not be conducted until after the SRRE is complete, but no
resolution had been reached. In addition, Councilman
Nimmo explained that the committee considered a new
budget and the recommendation to the Area Council was to
approve the budget approved by the technical advisory
committee which reduced the County plan by reducing one
associate planner for a savings of approximately $30,000.
He noted that until the SRRE is finally completed and
approved, costs would not clearly be known and speculated
that the budget may need to be amended later by the Area
Council.
3. Recycling Committee - Mayor Shiers reported that the
committee was working on a display for Earth Day, Sunday,
April 26, 1992. In addition, he stated that the
committee is also updating a brochure defining what can
be recycled and where it can be taken and working on a
plan for providing recycling receptacles during community
events. The next meeting, he added, would be Thursday,
April 16th at 5:00 p.m.
4. Economic Opportunity Commission - Councilman Dexter
indicated that the commission would be meeting Thursday,
April 16th and announced that a new Head Start Program
would be opening in Atascadero.
5. City/School Committee - Councilman Dexter announced that
the meeting for April had been postponed until May 21,
1992.
6. Traffic Committee - Councilman Dexter reported that the
committee would meet on the following afternoon and would
address five items of business.
T. Economic Round Table - (See Item #D-2) .
S. Colony Roads Committee - (See Item #D-1)
B. CONSENT CALENDAR;
The mayor read the Consent Calendar, as follows:
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1. CITY COUNCIL MINUTES - FEBRUARY 25, 1992
2. CITY COUNCIL MINUTES - MARCH 10, 1992
3. CITY COUNCIL MINUTES - MARCH 24, 1992
4. RESOLUTION NO. 33-92 - RELATIVE TO PUBLICATION OF CITY ORDI-
NANCES
5. RESOLUTION NO. 34-92 - OPPOSING NEW STATE MANDATE REQUIRING
PROOF OF WORKERS' COMPENSATION PRIOR TO ISSUING BUSINESS
LICENSES
6. GENERAL PLAN CONFORMITY REPORT - STATE WATER PROJECT, NORTH
COUNTY EXTENSION (Cont'd from 3/10/92)
7. SEWER EXTENSION REIMBURSEMENT AGREEMENT
S. RESOLUTION NO. 35-92 - APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFOR-
NIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND ACT OF
1988 FOR THE EL CAMINO REAL NATIVE TREE PLANTING PROJECT
9. RESOLUTION NO. 36-92 - AUTHORIZING THE EXECUTION OF AN AGREE-
WITH THE CALIFORNIA STATE OFFICE OF ADMINISTRATIVE
HEARINGS TO PROVIDE HEARING SERVICES
10. ACCEPTANCE OF FINAL PARCEL MAP 19-89, 7675 BELLA VISTA -
Subdivision of one lot containing 6.5 acres into two lots of
2.83 & 3.72 acres (Gearhart)
Councilwoman Borgeson pulled Item #B-6. Councilman Lilley pulled
Item #B-5.
MOTION: By Councilman Nimmo, seconded by Councilman Dexter to
approve Consent Calendar Items #1, 2, 3, 4, 71 81 9 and
10; motion carried 5:0 by roll call vote.
Re: 5. RESOLUTION NO. 34-92 OPPOSING NEW STATE MANDATE
REQUIRING PROOF OF WORKERS' COMPENSATION PRIOR TO ISSUING
BUSINESS LICENSES
Councilman Lilley indicated that he did not want this resolution to
go un-noticed by the public. He stated that this kind of mandate
has become the rule rather than the exception by the State and
voiced objection to the City being asked to enforce a State
regulation without compensation.
The City Attorney advised that AB 1576 extends the ruling of a
former lawsuit involving another City whereby the government entity
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was held responsible for not asking for workers' compensation
coverage certification. Mark Joseph reported that staff will
comply but had wanted to go on record as being opposed to the
legislation because it was a burden not only to staff but to the
business person. He added that the mandate will be instituted with
the June business license renewals.
MOTION: By Councilman Lilley, seconded by Councilman Nimmo to
adopt Resolution No. 34-92; motion carried unanimously.
Re: 6. GENERAL PLAN CONFORMITY REPORT - STATE WATER PROJECT,
NORTH COUNTY EXTENSION (Cont'd from 3/10/92)
Councilwoman Borgeson explained that she believed this item
deserved to be considered separately from the Consent Calendar.
She noted that she thought there would be a hearing on the
consistency of the pipeline with an opportunity for the public to
address the issue and voiced objection to the City Manager's draft
letter to the County Engineer on the subject. She indicated that
while she recognized that Atascadero Mutual Water Company will
ultimately decide on the State Water project, the City was charged
only with making a determination about the pipeline. Councilwoman
Borgeson asked staff to explain where the pipeline was going.
Henry Engen illustrated the general location proposed for the
pipeline broadly following Traffic Way along the Southern Pacific
Railroad alignment in a 30 to 50 foot wide right-of-way. He
confirmed that a specific location was yet to be negotiated and
reported that the Zoning Ordinance allows pipelines in all zones.
Council discussion ensued regarding the City's draft response to
the County. Councilwoman Borgeson stated that she objected to the
first sentence of the second paragraph because the City was not
being asked to ascertain whether State Water was consistent with
the General Plan, but rather if the pipeline was. She stated that
she could support the letter if that sentence were deleted.
Councilmembers Nimmo, Lilley and Dexter agreed that the State Water
project was conceptually consistent with the General Plan and
indicated support for the language presented in the draft.
Mayor Shiers stated that he would like to see language added to the
letter indicating that the City is not aware of the exact location
of the proposed pipeline.
Councilwoman Borgeson asked the Community Development Director if
the task of the Council was to determine if State Water was
consistent with the General Plan. Mr. Engen clarified that the
County was literally asking for an indication of the consistency of
the North Coastal Branch of the State Water Project and added that
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if State Water is chosen by the water company there would need to
be some kind of pipeline. Councilwoman Borgeson reiterated that
without knowing the alignment of the underground pipeline, she
could not say it was, in fact, consistent with the General Plan.
NOTION: By Councilman Nimmo to approve Consent Calendar Item #B-
6. (Motion held to receive public comment) .
Public Comment:
Eric Greening, 7365 Valle, urged the Council to not find the
pipeline in consistency because the City does not know where it
will be.
End of Public Testimony----
Second to the motion on the floor: Motion seconded by
Councilman Lilley.
Discussion on the motion: Councilman Lilley clarified
that the intent of the motion was to send the City's
draft response letter to the County Engineer as worded.
Mayor Shiers commented that he recollected that the
Council was to consider only the pipeline and not the
State Water Project as a whole. Councilman Dexter
mentioned that the action had nothing to do with a
location, but was only approving a concept. Mayor Shiers
indicated that the matter had been handled inappro-
priately, that it had been rushed and the proper
procedures had not been followed.
Roll call vote on the motion: Motion carried 3:2 with
Councilwoman Borgeson and Mayor Shiers voting in
opposition.
Councilwoman Borgeson remarked that it looked peculiar to her that
the letter had been written without the Council's direction.
Councilman Dexter mentioned that his vote on the motion did not
mean he approves the State Water Project. Councilwoman Borgeson
clarified that her vote did not mean she did not approve the
project, just the procedure.
C. HEARINGS: None
D. REGULAR BUSINESS
1. COLONY ROADS STATUS REPORT - ASSISTANT CITY ATTORNEY
Mary Redus Gayle, Assistant City Attorney, provided an overview of
her fifteen-month research of title records to identify: (1) roads
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which are in the maintained street system over which the City has
easements by right of prescription or other rights granted to the
City and (2) paper roads which were not clearly deeded to the City.
The parties involved, she explained, are Wells Fargo Bank who is
the heir or successor in interest to the Anglo-American National
Bank who foreclosed on properties that belonged to the City's
founder, E.G. Lewis. Mr. Gordon Davis, she continued, is the
current trustee of the trust established by court action in 1932
and is a successor in interest to those people who had purchased
property in the City from E.G. Lewis on contracts of sale and who
had certain rights in the road system. Ms. Gayle further explained
that the City of Atascadero is the governing body over most of the
roads, known as the "Colony Project" and the County of San Luis
Obispo, to a lesser degree, has control over certain roads that
came out of the "Colony Project" .
The attorney emphasized that the principal issue was the fact that
E.G. Lewis reserved unto himself the fee title interest in all
roads in the Colony and granted easements to the those people who
lived in the City over those roads. The purpose in undertaking the
project, she noted, was to determine how to get title to the
easements in the roads that are not in the current system but which
are recognized as being necessary by the Circulation Element. She
indicated that the research was essentially complete and staff was
prepared to proceed with legal action.
Ms. Gayle remarked that during the past five months staff has been
concentrating on negotiations with the County with respect to their
participation. Wells Fargo Bank, she reported, wants to be
relieved of its' liability and ownership in the County and the City
portions of the Colony Roads and cannot do so unless both the
County and City participate. She added, that Wells Fargo has
offered to make a $15,000 contribution to the total cost of the
project in three $5,000 payments, all of which are conditioned on
County participation. The County Counsel, Ms. Gayle reported, had
written the City expressing the County' s position that they are
willing to come into litigation as a party to the suit, but do not
have any money to contribute towards legal fees.
Before responding to Council questions, Ms. Gayle noted that the
original title company estimate for the research and legal work on
this project was a quarter of a million dollars. Mark Joseph
reported that the City's legal costs through the month of February
were about $40,000. Mary Gayle reported that the Colony Roads
Committee had projected it would take another $20-25,000 to finish
the project; however, she quickly added that this is a unique case
and noted that there may be some unknown challenges to the
litigation.
Mayor Shiers asked the Assistant City Attorney what kind of
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monetary participation the County would have to make before Wells
Fargo would put in the $15,000 it has offered. Ms. Gayle indicated
that Wells Fargo was not interested in how much money the County
would contribute, but rather wanted the County to be involved in
the litigation so that Wells Fargo could get their liability taken
care of in one court action. The County, she added, has agreed to
do that.
Councilman Lilley asked if the additional $20-25,000 included the
$15,000 contribution by Wells Fargo. Ms. Gayle responded that $20-
25,000 was the total cost, to which the $15,000 would be applied,
resulting in a net cost of approximately $10,000 to the City.
Responding to inquiry from Council, Mary Gayle reported that Gordon
Davis, trustee, has nothing financially to gain or lose by the
lawsuit because the trust has no assets. She clarified that what
the City would get, as the end result, from Wells Fargo and Gordon
Davis is an offer of dedication of all right, title and interest
they may have in the Colony Roads.
Mayor Shiers mentioned that there were two homeowner groups looking
at forming assessment districts and asked what affect unresolved
title over the easements of those roads might have. City Attorney,
Art Montandon, advised that it would be questionable whether or not
the district could be formed if someone were to challenge it with
a prior right of ownership. He noted that as part of the
assessment district process, the City can accept a road into its,
maintained system and, to cure any defect in title, claim ownership
because of adverse possession after a period of five years of
maintaining the road
There were no public comments.
Councilwoman Borgeson remarked that Wells Fargo stands to benefit
greatly and proposed that the City request them to contribute more
than $15,000. The City Manager emphasized that negotiations had
begun over four years ago and indicated that he favored diligent
resolution of the matter. He stated that Wells Fargo was indeed
the major beneficiary and it was only reasonable to ask them to pay
their fair share. Mr. Windsor recommended that Council give him
and Mary Gayle direction to go back to Wells Fargo and bargain for
more monetary participation. There was consensus among the Council
in support of this recommendation. Councilman Dexter suggested
further that this be done soon so that the Council could have a
response by the first or second meeting in May.
Mayor Shiers called a break at 9:15 p.m. The meeting reconvened at
9:30 p.m.
2. ECONOMIC ROUND TABLE REPORT TO CITY COUNCIL - REQUEST FOR
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ENDORSEMENT OF STATUS REPORT & RECOMMENDATIONS (Cont'd from
3/10/92)
Councilman Lilley, member of the Economic Round Table, provided
introductory comments and highlighted some of the committee
recommendations. He commended the members of the committee who had
given their time, expertise and hard work at no cost to the City.
Councilman Nimmo remarked that he was proud of the effort and the
final product. He stated that the City was facing declining
revenues and spoke favorably about the committee recommendations.
He added that he would like to see some aspects of City government,
as it relates to small business, streamlined and related that he
could support looking at the concept of redevelopment.
Councilwoman Borgeson commented that there were some recommen-
dations she could support and others she could not. She stated
that she believed the newly-approved factory outlet continues
strip-development, which the General Plan does not encourage. She
voiced hope that the Economic Round Table was working for the
benefit of the City as a whole and to protect and preserve the
rural environment.
Councilman Dexter indicated that he was in favor of revitalization
and emphasized that businesses should be encouraged to be located
in areas compatible with one another.
Mayor Shiers stated that there was much to agree with, but noted
that he would like additional information on some of the recom-
mendations, like redevelopment. He added that the City is moving
away from strip development and voiced support for tightening up
zoning regulations to provide compatible businesses. The mayor
indicated that he did not know if the City could decide what
regional needs are being met by private enterprise.
Councilman Lilley qualified that committee recommendations focus on
the uniqueness of the community and explained that the Economic
Round Table was looking for some direction from the Council about
whether the recommendations were consistent with Council policy
and, further, to identify specific priorities.
Public Comments:
Ray Johnson, member of the Economic Round Table, noted that there
were no special interests by anyone on the committee and reiterated
that the committee' s objective was to get direction for focus from
the Council.
----End of Public Testimony----
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Councilwoman Borgeson asserted that she did not see the Downtown
Master Plan incorporated into the committee recommendations. She
suggested that the business community provide input about what they
are willing to participate financially in downtown revitalization
and pondered about how to incite inappropriate businesses to re-
locate. For the sake of discussion, Councilwoman Borgeson proposed
that the Council go down the list of committee recommendations.
Councilman Nimmo clarified the staff recommendation and added that
two additional steps should be taken: (1) to direct staff to give
priority to a new sign ordinance based on the Chamber of Commerce' s
draft and (2) to direct the Community Development and Public Works
Departments to conduct an internal review to see what cooperative
organizational actions can be developed to provide more rapid,
convenient and better service to business applicants.
Councilwoman Borgeson declared that more public input needs to be
received before the Council goes any further with redevelopment.
Councilman Lilley clarified that the recommendation did not reflect
a consensus among the committee in favor of redevelopment, but
rather that the issue should be studied in-depth.
Councilwoman Borgeson asked what the "DeWeerd Report" was, as
mentioned in Recommendation #1(b) . `Mr. Windsor remarked that a few
years ago the City raised the issue of redevelopment and had a
consultant study the feasibility. Mark Joseph added that the
"DeWeerd Report" identified a general area and concluded that there
is a legal basis for redevelopment. He noted that to determine
whether or not it was economically desirable would require further
review, perhaps by contracting with someone to do an economic
feasibility study. In-depth economic analysis, he added, would
include identifying a specific area and would require an
expenditure.
Council discussion ensued regarding the issue of redevelopment.
Councilmembers Lilley, Dexter and Nimmo voiced support for
exploring the issue. Mayor Shiers asked what costs would be
involved in studying the matter. Mr. Windsor indicated that the
next step would be to get proposals. Mark Joseph advised that,
short of going out to bid, staff could conduct an in-house review
of the literature and report back to Council with the pros and
cons. The mayor stated that he would not object to this suggestion
as a starting point. Councilman Lilley proposed that the Economic
Round Table study the concept. Councilwoman Borgeson declared that
she wanted the Council to stay in control.
Henry Engen provided a status report on the sign ordinance update
and indicated that Council could give direction to move the item up
in priority; otherwise the matter would not be through the Planning
Commission for a number of months as part of the comprehensive re-
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write of the whole zoning ordinance.
The City Manager reiterated that, in order for the round table to
move forward, Council needed to make a commitment and give
direction. Councilwoman Borgeson remarked that she could support
implementing some of the cost-effective recommendations right away,
but emphasized that she wanted to move slowly on more controversial
items.
There was Council consensus to direct staff to gather data on
the pros and cons of redevelopment as a starting point,
clarifying that they were not authorizing a full cost study.
The Public Works Director advised that if it is the Council's will
to upgrade a significant portion of the business area, the monies
cannot be drawn from existing revenue sources.
Councilman Nimmo reiterated his two suggestions regarding the sign
ordinance and internal review of -permit processes. Brief
discussion ensued regarding the sign ordinance. Mr. Engen,
responding to additional inquiry about the sign ordinance,
mentioned that it could be pulled out of the Zoning Ordinance and
acted upon as a free-standing ordinance.
Regarding simplifying permit processes, Mr. Windsor indicated that
staff had received the message and would get together in an effort
to improve the present system.
Council concurred on the following recommendations outlined in
the Report to Council (see agenda packet, item #D-2) : 1(a),
1(b), 2(a), 5 & 6. In addition, there was mutual agreement to
direct staff to fast-track the sign ordinance.
3. AUTHORIZATION TO APPLY FOR LEAD AGENCY STATUS AND INTRODUCTION
OF ORDINANCE NO. 242 ADDING CHAPTER 9 TO TITLE 5 OF THE
ATASCADERO MUNICIPAL CODE ADOPTING SURFACE MINING AND
RECLAMATION PLAN REGULATIONS
Henry Engen presented background and the staff recommendation to
authorize application for lead agency status and approve the
ordinance on first reading.
Councilwoman ' Borgeson asked for a legal opinion about the
reclamation plan approved by the County for Millhollin Mining. The
City Attorney replied that, because of the time that has gone by,
the City did not have the opportunity to void the plan. He pointed
out that there is a yearly review in the proposed ordinance whereby
the City can address deficiencies and ensure compliance. Mr. Engen
added that he understood that Supervisor Ovitt was going to refer
the issue of how Millhollin Mining adopted the plan to the County
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Counsel.
There were no public comments.
MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley
to read by title only Ordinance No. 242, adding Chapter
9 to Title 5 of the Atascadero Municipal Code adopting
surface mining and reclamation plan regulations; motion
unanimously carried.
MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson
to adopt Ordinance No. 242 on first reading and direct
staff to develop a work schedule; motion passed 5:0 by
roll call vote.
MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson
to extend the meeting past 11:00 p.m. ; motion passed.
4. DOWNTOWN STREET IDENTIFICATION SIGNS AND SUPPORT POLES
AWARD SIDS
Henry Engen provided the staff report and recommended that Council
award the bids and authorize installation of 21 downtown street
identification signs.
Public Comment:
John Himes, representing the B.I.A. , remarked that the project
would enhance the downtown and encouraged the Council to accept the
bide.
----End of Public Testimony----
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
award the bids and authorize installation of 21 downtown
street identification signs; motion carried unanimously
by roll call vote.
5. PROPOSED COUNCIL POLICY REGARDING LEGAL OPINION REQUESTS
(Cont'd from 3/24/92)
Art Montandon recommended adoption of City Council Policy No. 92-01
regarding legal advice. Councilman Lilley indicated that the
policy met his concerns. Mayor Shiers asked the City Attorney if
most items take more than one billable hour. Mr. Montandon replied
that most requests for opinion take less than one hour. He pointed
out that lengthy (2 or 3 pages) requests can take extended amounts
of time.
Mr. Windsor pointed out that the policy specifies that Council
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approval will be sought for all requests initiated from outside
Council or staff.
There were no public comments.
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
adoption of proposed Council policy regarding legal
opinion requests; motion carried unanimously.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Manager
Mr. Windsor announced that answers to questions raised by Council
regarding mandatory trash pick-up would be brought back as part of
the public hearing on the matter on April 28, 1992. He asked the
Council if they wanted to discuss the issue of a no-smoking
ordinance at the same meeting or wait until May. Council directed
staff to put both matters on the agenda for April 28, 1992.
AT 11:09, THE CITY COUNCIL ADJOURNED TO A CLOSED SESSION FOR THE
PURPOSE OF DISCUSSION REGARDING:
(1) TWO MATTERS OF PENDING LITIGATION ENTITLED, O'REEFE
v. CITY OF ATASCADERO AND CITY OF ATASCADERO v. FLUITT
(Session held pursuant to Section 54956.9 of the Govern-
ment Code) ;
2) TWO MATTERS OF POTENTIAL LITIGATION (Session held pur-
suant to Section 54956.9(a) of the Government Code) .
MINUTES RECORDED AND PREPARED BY:
Lft kABO11i, ity Clerk
Attachment: Exhibit A - Jansen
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EXHIBIT "A"
Remarks for Public .Forum
A tat of people may not know it, but we :ars :going to have =yo�u on
.April 23rd; 1n .or ;around the Pavilion, courtesy of. altrana So, before all
that :attendant :blitz .and :glitz, I grant to take this opportunity to re
aoaasWe,my recent letter.
I am not expecting a formal reply in the form of words. More than that,
however, I �= -speaking to encourage a positive response in the form of deeds.
Even doing nothing will constitute ,a. response.. The -easy •course is to do
ghat the world wants us to do. The more :difficult�is to do what is right
Q little over
for Atascado, ,As no constituted, you have: �� two months in which to
nake difference to the future of Atascadero.
Jhst four quick points, pleases
1. Alternates B and I do not Induce .growth beyond Ataecaderove ability
to manage or control it.. Both A and A Modified invite precisely that.
2. Alternate.-. I;, ;plus b., will improve traffic circulation; A or A
:Modified will increase traffic and compound its adverse effects,
3. Several members of past Atascadero Advisory Committee wish as sue
Z;v Aix c-P;2die IV
cars in my affords. A' he only thing going for Alternative A (and its still
possible hidden agenda) is the years it has been hanging around.. Some people
° .mss we ought to do it for that reason. Two examples of that kind of fallacy:
Both, the idea the earth was flat, and the idea the sun moved around the
.Earth., were accepted for hundreds of years. That did not make them correct,
4e A. bridge eleven-hundred feet long ought to have a name. Who, on this
council, would would like this bridge to be named after him? I use the mascu-
,line, deliberately because I know council Member isorgeson has been a longstanding
opponent to it. In fact, concerning who is for it, I find it more and more
difficult to find those who are in favor. Remember:,-my petition'! One-hundred
and sixty opposed it and. a mere six were in. favor.
Finally, if you cannot be decisive and end this idea with its questionable
origin by a vote of 5 to 0, at least its status should not be determined before
August when the Circulation Element of the General Plan is to be finalized.
Raymond K. Jansen 4/14/92