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HomeMy WebLinkAboutMinutes 052692 Approved As Submitted 6/23/92 ATASCADERO CITY COUNCIL MAY 26, 1992 MINUTES The Mayor called the meeting to order at 7:05 p.m. Councilwoman Borgeson led the Pledge of Allegiance. 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; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Andy Takata, Director of Community Services; Fred Motlo, Fire Captain and Bud McHale, Police Chief COMMUNITY FORUM: Terry Graham, 6205 Conejo Road, disputed interpretation by Roy Hanley, the City' s prosecutor, on certain building code violations Mr. Graham has been cited for. John Faulkenstien, Cuesta Engineering, spoke regarding compliance surveys and claimed that citizens should not have to pay a professional to determine if there have, indeed, been any violations made. He asserted that the City should take a more active role and explain to the general public how to take care of their problems. Councilwoman Borgeson and Councilman Lilley addressed comments made by both speakers and expressed concern. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : CC05/26/92 Page 1 1. San Luis Obispo Area Coordinating Council/North Coastal Transit - Mayor Shiers reported that Councilwoman Borgeson and himself, as alternate, had not been able to attend. (Minutes are on file with the City Clerk) . 2. Recycling Committee - Mayor Shiers reported that he had been unable to attend due to a closed session of the City Council. 3. Economic Opportunity Commission Councilman Dexter reported that the program, Head Start, was moving into its' final week and announced the annual awards banquet honoring volunteers. 4. City/School Committee Councilman Dexter reported discussions focused on creek clean-up. 5. Traffic Committee - Councilman Dexter and Greg Luke reported. Discussion topics included stop signs and median on El Camino Real at Atascadero Hospital. No action was taken. 6. County Water Advisory Board - Councilwoman Borgeson reported the next meeting date to be June 2, 1992. 7. Economic Round Table - Councilman Lilley reported that the round table was working on an action plan developed upon input received by the Council. 8. Procurement Committee - Councilman Nimmo announced that the next meeting would be Thursday, May 28, 1992 at 2:00 p.m. in City Hall. 9. Homeless Coalition - Councilman Dexter explained that the next meeting would be June 8, 1992 in Paso Robles. B. CONSENT CALENDAR: The mayor read the Consent Calendar as follows: 1. CITY COUNCIL MINUTES - APRIL 28, 1992 2. CONSOLIDATED TREASURER'S REPORT - APRIL 1992 3. TENTATIVE PARCEL MAP 92-003, 4440 Potrero Road - Consideration of a tentative parcel map request to divide 8.65 acres into three parcels of 2.75 (net) , 2.76 and 2.87 acres for single family residential use (Randall/Cuesta Engineering) CC05/26/92 Page 2 4. TENTATIVE PARCEL MAP 92-004, 8785 Atascadero Ave. - Division of one existing lot of approx. 1.34 acres gross into two new parcels of .55 and .50 acres net for single family residential use (Johnson/Central Coast Engineering) 5. AWARD OF BID NO. 92-03 - WEED ABATEMENT CONTRACT 6. AWARD OF BID NO. 92-02 - DIAL-A-RIDE BUS FACILITY 7. RESOLUTION NO. 43-92 - APPROVING FISCAL YEAR 1991-92 BUDGET ADJUSTMENT FOR FIRE DEPARTMENT 8. ACTION FOR ANIMALS' RIGHTS (AFAR) REQUEST FOR GRANT SPONSOR- SHIP Councilwoman Borgeson pulled Items #B-3, 5 and 6. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve the Consent Calendar with the exceptions of Items #B-3, 5 & 6; motion carried unanimously. Re: Item #B-3. TENTATIVE PARCEL MAP 92-003, 4440 Potrero Road - Consideration of a tentative parcel map request to divide 8.65 acres into three parcels of 2.75 (net) , 2.76 and 2.87 acres for single family residential use (Randall/Cuesta Engineering) Henry Engen provided the staff report and responded to questions. Councilwoman Borgeson shared concern about the number of homes to be served by one driveway. Greg Luke clarified that this project had been in the pipeline before new engineering standards were approved and assured the Council that future developments like this one will be conditioned based on the new standards. Public Comment: Terry Graham complained that the City does not have appropriate monies to improve services to the citizens. He was critical of the City Manager and suggested that fees be upgraded. Russ Kolemaine, adjoining property owner on Potrero, remarked that while he was not concerned with the lot split or the design of the road, he did favor two additional conditions: 1) a one foot barrier to prevent access from Obispo Road and 2) a required 160 foot "no-build" area between Obispo Road and the subject property. He added that he personally had no plans to split his property. ---End of Public Testimony--- CC05/26/92 Page 3 MOTION: By Councilman Nimmo, seconded by Councilman Lilley to approve TPM 92-003 at 4440 Potrero Road; motion carried unanimously. Re: Item #5. AWARD OF BID NO. 92-03 - WEED ABATEMENT CONTRACT Councilwoman Borgeson noted that the contract is based on an hourly rate and pondered whether there might be a more cost-efficient method to calculate charges. Fire Captain Fred Motlo explained that many lots are small and this is the reason that the half-hour rate, in addition to the hourly rate, has also been used. He reported that there are alternative methods, including the use of an odometer; and proposed that staff look into the matter. Public Comments: Terry Graham criticized the way in which the abatement process is handled and argued that there is no way an individual contractor can accomplish the entire job. ---End of Public Testimony--- Captain Motlo, responding to Council questions, explained that photographs are taken before and after the abatement to document the work. Councilmembers Nimmo and Lilley spoke in support of the program. Councilwoman Borgeson reiterated her concern to find the most efficient method for billing. MOTION: By Councilman Dexter, seconded by Mayor Shiers to award Bid No. 92-03 to Brett' s Tractor Service; motion carried unanimously by roll call vote. Re: Item #6. AWARD OF BID NO. 92-02 - DIAL-A-RIDE BUS FACILITY Councilwoman Borgeson explained that she had pulled this item to object to additional funding requested to construct a fence behind the proposed facility. Greg Luke, Public Works Director, explained the basis for the request and outlined how the project was to be paid for. The total project, he clarified, would cost $47,349; grant funds would cover approximately $38,000; with the balance of approximately $9,000 funded out of the City's transportation budget. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to award the base bid and additives 1, 2 and 3 to Rarig Construction for $42,349.00 and authorize the Director of CC05/26/92 Page 4 Public Works to solicit bids and award a contract to construct a safety fence at the facility for an amount not to exceed $5,000; motion passed 4: 1 (Councilwoman Borgeson voting in opposition) . (Note: Councilwoman Borgeson's vote reflected objection to the additional costs for constructing the fence. She did not, however, oppose the award of the contract to construct the bus facility. ) C. BEARINGS: 1. ANNUAL MEED ABATEMENT PROGRAM PROTEST BEARING Captain Motlo provided a brief staff report. Councilmembers Dexter and Lilley relayed they had each received a call or two complaining about the abatement letter and the timing of the notice. MOTION: By Councilwoman Borgeson, seconded by Councilman Nimmo to order the Fire Chief, or his authorized representatives, to abate the nuisance of noxious or dangerous weeds on the lots identified in Resolution No. 32-90; motion carried unanimously. 2. COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST - CARLTON SQUARE PROJECT Mark Joseph reported that staff was not recommending any grant request at this time and noted that the developer of the project feels it is in the best interest of the project to go to a different source for funding. The City Manager explained that staff was asking that the Council motion be to receive and file the report. Councilwoman Borgeson inquired what costs to the City had been incurred as a result of efforts to date on this matter. Mr. Joseph indicated that there had been no direct costs and most of the staff time had been his. There was no public testimony. MOTION: By Councilman Nimmo, seconded by Councilman Lilley that the reported be accepted and filed; motion carried unanimously. 3. P.E.R.S. TWO YEARS ADDITIONAL SERVICE CREDIT (Cont'd from 5/12 & 5/14/92) A. ORDINANCE NO. 247 - Authorizing an amendment to the con- tract between the City of Atascadero and the Board of Administration of the California Public Employees' CC05/26/92 Page 5 Retirement System (Recommendation to waive reading in full and approve on first reading, by title only) B. RESOLUTION NO. 42-92 - Giving Notice of Intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City of Atascadero Art Montandon, City Attorney, explained that the proposed ordinance would provide an additional two years of service credit if a City employee opted to retire early. He outlined the potential savings in employee costs and emphasized that the policy was to remain in effect for one budget period only. The City Manager added that no employees had come forward with the request to take advantage of the proposed program. There was no public testimony. Councilman Lilley verbalized opposition to the concept. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to adopt Resolution No. 42-92 giving notice of intention to approve an amendment to the PERS contract; motion carried 4: 1 (Councilman Lilley) . MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to waive the reading in full of Ordinance No. 247; motion carried. MOTION: By Councilman Dexter, seconded by Mayor Shiers to approve Ordinance No. 247 on first reading; motion carried 4: 1 (Councilman Lilley) . 4. ORDINANCE NO. 246 - AMENDING TITLE 7 OF THE CITY MUNICIPAL CODE (SANITATION ORDINANCE) (Cont'd from 5/12/92) (Request continuance to 6/9/92) MOTION: By Councilman Lilley, seconded by Councilman Nimmo to continue the matter until the first meeting in June; motion carried. D. REGULAR BUSINESS: 1. CITY-INITIATED ASSESSMENT DISTRICTS- Robert Haight The Public Works Director introduced Mr. Robert Haight of the municipal law firm of Haight& Haight, who explained that the City Council could initiate the formation of an assessment district. In a detailed verbal report, Mr. Haight highlighted the key elements, CC05/26/92 Page 6 as outlined in the staff report. He noted that the primary benefit of this option was that the City can be certain that the district has been formed before incurring great expense. Mr. Haight then responded to questions from Council regarding schematic drawings, estimating improvement costs and Bond Anticipation Notes. Public Comments: Terry Graham voiced dissatisfaction that the City would consider initiating a form of taxation without citizens having the right to vote on the matter. Eric Greening, 7365 Valle, voiced frustration about various State laws and how they contradict with one another. He pointed out that while one law calls for reducing air pollution by reducing traffic, another allows for road improvements; which, he added, will create more traffic. Mr. Greening also stated he was opposed to the proposed method of funding the assessment districts. ---End of Public Testimony--- Council discussion followed. Councilwoman Borgeson remarked that the proposal deviates from what has traditionally been done in the Atascadero and conflicts with the concept of government for the people. She stated that she would rather wait for property owners to come forward the old-fashioned way. Councilman Nimmo argued that the Council must exercise leadership when things need to be done for the benefit of the City. He commented that while he was not committing to the proposal, he was prepared to go further with studying the matter. Councilman Lilley indicated support for the alternative and agreed that the concept should be studied in-depth. Councilman Dexter noted that the recommendation had a great deal of merit and favored getting more input from the public. Mayor Shiers expressed surprise that there were not more members of the public present to listen to the discussion. He added that he, too, would like to see more information and encouraged citizen participation. By Council consensus, staff was directed to prepare a report outlining specific areas and how the program can be implemented. Further, staff was asked to bring the matter back for a well-advertised public hearing. Mayor Shiers called a break at 9: 10 p.m. At 9:25 p.m. , the meeting reconvened. CC05/26/92 Page 7 2. GENERAL PLAN AMENDMENT #92-3 - PROPOSED EXTENSION OF URBAN SERVICES LINE (Cont'd from 5/12/92) Henry Engen reviewed the staff report and displayed the study area map outlining proposed expansion. He noted that the item had been continued, at the Council's request, so that staff could bring back a map showing an expanded study area to include property held by the San Ramon Land Company. Mr. Engen recommended that, once the study area has been defined, General Plan Amendment 92-3 be initiated. There was no public testimony. Councilman Nimmo indicated that he believed it would be consistent with the General Plan to include the additional area for study and noted that it was time to do some long-range planning. Mayor Shiers disagreed and stated that he would not support expanding the study area into the residential suburban zoning. Councilman Lilley proclaimed that there would be no harm in including the additional area for study, adding that to do so would not pre-ordain the amendment. Councilwoman Borgeson voiced resistance to including the additional seventeen acres and asserted that the neighbors are opposed. MOTION: By Mayor Shiers, seconded by Councilwoman Borgeson to initiate General Plan Amendment 92-3 at 6010 Del Rio Road, Hemingway applicant; and further, limited to the Hemingway property and including other Commercial Tourist zones as defined by Exhibit "C" in the packet; motion failed 2:3 (Councilmembers Lilley, Nimmo and Dexter) . MOTION: By Councilman Nimmo, seconded by Councilman Lilley to approve General Plan Amendment 92-3 at 6010 Del Rio Road, Hemingway; and that the study be expanded to include all the Tourist Commercial parcels on the west side of 101 including the San Ramon Land Company property; motion carried 3:2 (Councilwoman Borgeson and Mayor Shiers) . 3. PROPOSED ANNUAL LEASE AGREEMENT - PAVILION CONCESSION Andy Takata, Director of Community Services, provided the staff report and recommendation to approve a contract with Felicia's Hungry Horse. Brief questions and discussion ensued. Councilwoman Borgeson voiced opposition to language in the draft contract allowing cigarettes to sold on the premises. Mr. Takata indicated that this was an oversight and staff had no problem with removing the word "cigarettes" from the contract. Council so directed. CC05/26/92 Page 8 There were no comments from the public. MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to award a one-year food concession lease at Atascadero Lake Park Pavilion to Felicia Delouth - "Felicia' s Hungry Horse"; motion passed unanimously. 4. CALIFORNIA CONSERVATION CORPS - LETTER OF SUPPORT Andy Takata reported that the City had received a letter from Bud Laurent, Chairman of the Board Supervisors, asking the City to join the Board in asking the Governor to reverse or modify his decision to close the local California Conservation Corps (CCC) . He noted that the CCC had completed many projects for the City and explained that he would be happy to prepare an itemized report of those projects. Public Comments: Russ Kolemaine spoke in support and suggested that when staff prepares the list of projects completed, that it also include the amount of tax dollars saved. ---End of Public Testimony--- MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to send a letter to the Governor to be prepared by staff for the signature of the mayor and each councilmember echoing the sentiments of the Board of Supervisors and making appropriate reference to specific projects accomplished with CCC aid at great cost savings to the taxpayers; motion unanimously carried. 5. ORDINANCE NO. 245 - DELETING SECTION 9-4.163 OF THE ZONING ORDINANCE TEXT AND ADDING A NEW NOISE ORDINANCE AS CHAPTER 14 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE (ZC 01-91; City of Atascadero) (Recommendation to waive reading in full and approve on second reading, by title only) Public Comments: Whitey Thorpe spoke against the ordinance and proclaimed that it was unnecessary and unenforceable. ---End of Public Testimony--- MOTION: By Councilman Nimmo, seconded by Councilman Lilley to approve ordinance No. 245 on second reading; motion carried 5:0 by roll call vote. CC05/26/92 Page 9 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: State Water - Potential County-wide Tax (Mrs. Borgeson) Councilwoman Borgeson shared concern for a potential county-wide tax for State Water to be imposed on residents of the North County despite the fact that they will not be taking State Water. She asserted that it was important that the City Council go on record with views on this matter. Mayor Shiers and Councilmembers Dexter and Lilley agreed that the communities who do not receive State Water should not be taxed for it. The Council directed that a letter be sent to the Board of Supervisors reflecting opposition to a county-wide tax for area benefit. 2. City Attorney Art Montandon reported that he would be late to the meeting of June 23rd, but noted that Assistant City Attorney Mary Gayle would be present. He added that there would not be double-billing for legal counsel. 3 City Clerk The City Clerk announced that City Attorney Art Montandon had recently been awarded for excellence in the practice of public law by the Santa Barbara County Superior Court. 4. City Manager Ray Windsor announced that he did not intend to seek renewal of his contract when it expires on June 30, 1993. THE CITY COUNCIL ADJOURNED TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING PERSONNEL MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. AND A MATTER OF POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . THE NEXT REGULAR MEETING WILL BE TUESDAY, JUNE 91 1992. XIKUT ."' RECORD7 AND PREPARED BY LEE RAB01%. C' y Clerk CC05/26/92 Page 10