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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. CC04/14/92 Page 1 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. CC04/14/92 Page 2 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 CC04/14/92 Page 3 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: CC04/14/92 Page 4 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 CC04/14/92 Page 5 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 CC04/14/92 Page 6 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 CC04/14/92 Page 7 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 0004/14/92 Page 8 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 CC04/14/92 Page 9 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---- CC04/14/92 Page 10 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- CC04/14/92 Page 11 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 CC04/14/92 Page 12 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 CC04/14/92 Page 13 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 CC04/14/92 Page 14 CC 4/14/92 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