HomeMy WebLinkAboutMinutes 062392 Minutes approved as submitted
July 28, 1992
ATASCADERO CITY COUNCIL
JUNE 23, 1992
MINUTES
Mayor Shiers called the meeting to order at 7:02 p.m. and 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; Mary Redus Gayle, Assistant
City Attorney; Mark Joseph, Administrative
Services Director; Greg Luke, Public Works
Director; Andy Takata, Director of Community
Services; Mike McCain, Acting Fire Chief; Bud
McHale, Police Chief; Vern Elliott, Fire
Marshall; Steve Hicks, Building Official and
Bill Wittmeyer, Code Enforcement Officer
Resolution No. 60-92 - Certification of 6/2/92 Municipal Election
results
MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson
to adopt Resolution No. 60-92 certifying the results of
the June 2, 1992 Municipal Election; motion unanimously
passed by roll call vote.
Farewell comments were expressed by outgoing councilmembers Shiers,
Dexter and Lilley.
The City Clerk administered Oaths of Office to newly-elected Coun
cilmembers Dave Bewley, Marty Kudlac and George Luna. Council, by
the following motions, made formal appointment of Mayor and Mayor
Pro Tempore:
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MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
nominate Bob Nimmo as Mayor; motion carried unanimously.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
nominate Councilman Kudlac as Mayor Protem; motion
unanimously passed.
Mayor Nimmo presented plagues of appreciation to outgoing
Councilmembers Alden Shiers, Robert Lilley and Rollin Dexter.
Councilmembers Kudlac, Luna and Bewley individually spoke in
appreciation to those who had worked for their campaigns and to the
voters of Atascadero.
COMMUNITY FORUM:
Roger Cook, 10600 Colorado Road asked the new Council to repeal the
mandatory trash collection ordinance.
Rich Moen, 4200 Portola, also asked for re-consideration of
mandatory trash pick-up and noted there were other ways to reduce
the solid waste stream.
Bob Huot, 3850 Ardilla Road, spoke in support of mandatory pick-up
and asserted that he enjoyed the service provided by Wil-Mar
Disposal.
Michael Mancuso, San Lucia Road resident, indicated that he was
also opposed to mandatory pick-up.
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 the next meeting
would be on July 8, 1992.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
I. CITY COUNCIL MINUTES - MAY 12, 1992 (Cont'd from 6/9/92)
2. CITY COUNCIL MINUTES - MAY 26, 1992
3. CONSOLIDATED TREASURER'S REPORT - MAY, 1992
4. TENTATIVE TRACT MAP 23-89, 11455 VIEJO CAMINO - Consideration
of time extension request (Van Gundy/Cuesta Engineering)
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5. TENTATIVE TRACT MAP 92-001, 9955 and 9965 EL CAMINO REAL -
Application to create eight airspace condominiums within
approved retail commercial center (Hawkins Plaza/Volbrecht
Surveys)
6. FINAL PARCEL MAP 21-87, 8665 PORTOLA ROAD - Re-subdivision of
two existing lots into four parcels varying in size from
20,401 sq. ft. to 23,346 sq. ft. (Gouff/Stewart)
7. REQUEST AUTHORITY TO AMEND CONFLICT OF INTEREST CODE PURSUANT
TO STATE LAW
8. AUTHORIZE PLACEMENT OF ANNUAL ASSESSMENT CHARGE FOR STREET
MAINTENANCE DISTRICTS ON THE FY1992-93 PROPERTY TAXES
A. Resolution No. 45-92 - District 83-1 (Lobos Ave. )
B. Resolution No. 46-92 - District 83-2 (Sonora/Pinal Aves. )
C. Resolution No. 47-92 - District 83-3 (Maleza Ave. )
D. Resolution No. 48-92 - District 84-1 (San Fernando Rd. )
E. Resolution No. 49-92 - District 86-1 (Falda Ave. )
F. Resolution No. 50-92 District 86-2 (Pinal/Escarpa
Aves. )
G. Resolution No. 51-92 - District 86-3 (Aguila Ave. )
H. Resolution No. 52-92 - District 86-4 (Cayucos Ave. )
9. AUTHORIZE PLACEMENT OF ANNUAL ASSESSMENT DISTRICT CHARGE ON
FY1992-93 PROPERTY TAXES
A. Resolution No. 53-92 - District No. 5 (Chandler Ranch)
B. Resolution No. 54-92 - District No. 3 (Marchant Way)
C. Resolution No. 55-92 - District No. 4 (Seperado/Cayucos)
10. RESOLUTION NO. 59-92 - SUPPORTING THE PASO ROBLES MULTI-MODAL
TRANSPORTATION FACILITY
11. AWARD BID NO. 92-5 FOR HEAVY DUTY VEHICLE - WASTE WATER TREAT-
MENT PLANT
12. RESOLUTION NO. 58-92 - APPROVING AN INTERIM FY1992/93 BUDGET
13. RESOLUTION NO. 62-92, - RATIFYING THE JPA FOR THE SLO COUNCIL
OF GOVERNMENTS FOR FY1992/93
Mayor Nimmo mentioned that staff had requested that Item #B-12 be
moved to correspond with discussions on Item #D-S.
Councilwoman Borgeson asked to remove Item #B-13.
Councilman Luna pulled Item #B-11.
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MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approved Consent Calendar Items #B-1 through 10; motion
carried 5:0 by roll call vote.
Re: Item #B-11. AWARD BID NO. 92-5 FOR HEAVY DUTY VEHICLE - WASTE
WATER TREATMENT PLANT
Councilman Luna asked the Public Works Director if an AM/FM radio
and air-conditioning were essential to the use of this vehicle.
Mr. Luke emphasized the importance of air-conditioning and noted
that although the bid specs included a radio as an option, the
vehicle recommended for purchase did not come with one. In
addition, he responded to questions from Councilmembers Kudlac and
Bewley about the frequency of use projected for the vehicle and
whether the work could be done by contracting an outside source.
There were no comments from the public.
MOTION: By Councilman Luna, seconded by Mayor Nimmo to award Bid
No. 92-5 to Paso Robles GMC in the amount of $59,654.88;
motion carried 3:2 (Councilmembers Kudlac and Bewley
opposed) .
Re: Item #B-13. RESOLUTION NO. 62-92 - RATIFYING THE JPA FOR THE
SLO COUNCIL OF GOVERNMENTS FOR FY1992/93
The City Manager reported that the Area Coordinating Council had
notified his office of certain amendments to the JPA. These
amendments, he noted, had been received after the agenda packet had
been distributed. He mentioned that although staff had forwarded
copies of the changes to each member of Council, not everyone had
had the opportunity to review those changes. The matter was, by
consensus, continued until the next regular meeting.
C. HEARINGS:
1. APPEAL OF PLANNING COMMISSION'S DENIAL OF APPLICATION TO RELO-
CATE EXISTING PRIVATE ACCESS ROAD, 13590 PALO VERDE (Herndon)
Henry Engen provided the staff report and recommendation to deny
the appeal. Mayor Nimmo inquired whether or not Councilmembers
Kudlac and Luna, who had rendered a decision on this matter while
sitting on the Planning Commission, could participate in the
hearing. Assistant City Attorney, Mary Gayle, advised that the new
councilmembers could participate and vote on the appeal because
they would be hearing new testimony.
Staff responded to questions from Council regarding the legal
recorded easement and history of land use for access.
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Public Comments:
Robert Weatherford, attorney representing the appellant, and Joe
Boud, Joseph Boud & Associates, provided arguments in favor of the
appeal and asked the Council to grant the appeal and direct staff
to process the application.
---End of Public Testimony---
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna per
the Planning Commission's recommendation, deny the appeal
based on the Findings for Denial contained in the Precise
Plan denial (Attachment F to staff report) ; motion
carried 4:1 (Councilman Bewley opposed) .
2. ORDINANCE NO. 248 - COMPREHENSIVE REVISIONS TO TITLE 8, BUILD-
ING REGULATIONS TO UPDATE CONSTRUCTION REGULATIONS
(Recommendation to waive reading in full and approve on first
reading, by title only)
Henry Engen provided a brief summary of the proposed ordinance and
introduced Steve Hicks, Building Official. Mr. Hicks pointed out
a few last-minute corrections to Chapter 8 (Fire Code) (see Exhibit
A) . Councilwoman Borgeson asked the Fire Marshall if he was in
agreement with the changes. Vern Elliott replied that he was.
Public Comment:
Michael Howell, District Manager for Cedar Shake & Shingle Bureau,
addressing Section 8-2.103 Roofing Materials, spoke in opposition
to disallowing Class C shake shingles.
---End of Public Testimony---
Responding to query from Councilman Kudlac about Mr. Howell' s
remarks, the Fire Marshall reported that the wood shingle industry
could not meet the Class A standard and emphasized the importance
of striving for the maximum amount of safety in roofing materials.
Acting Fire Chief Mike McCain added that the California Fire
Chiefs' Association was in unanimous support for using only Class
A roofing material and assured the Council that this recommendation
was not intended to single-out any sole vendor.
Steve Hicks explained the various uniform codes and exhibited those
being adopted by reference.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
waive the reading in full of Ordinance No. 248; motion
carried unanimously.
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MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Ordinance No. 248 on first reading; motion carried
5:0 by roll call vote.
Mayor Nimmo called a short recess at 8:48 p.m. The meeting was
reconvened at 9:00 p.m.
D. REGULAR BUSINESS:
1. CITY FACILITY POLICIES, PROCEDURES AND FEES MANUAL UPDATE/RE-
VISION
Andy Takata provided an overview of changes to the City Facility
Policies and recommended approval. He responded to brief questions
from Council regarding fees, alcoholic beverages, insurance
requirements and employee costs.
There were no questions or comments from the public.
NOTION: By Councilman Luna, seconded by Councilman Bewley to
accept the amended "Facility Policies, Procedures, and
Fees Manual", as presented; motion carried.
2. DEVELOPMENT PERMIT PROCESS REVIEW
Henry Engen followed up on staff Is suggestion that the City Council
tour the third floor to walk a permit through a simulated
development review process. Mayor Nimmo suggested that a flow
chart illustrating the process would be helpful. Councilman Luna
proposed that the Planning Commission be given the same
orientation. Councilman Kudlac added that if anyone from the
general public was interested, that they should also be included.
By consensus, the concept was approved.
3. SIGN ORDINANCE VIOLATIONS STATUS
Henry Engen provided background and noted the presence of Bill
Wittmeyer, Code Enforcement Officer. Staff' s recommendation, he
noted, would be to not hold in abeyance current pending violations
of the City's sign ordinance but to instruct staff to continue an
even-handed enforcement of the current ordinance, keeping in mind
pending ,revisions.
Councilman Kudlac voiced support for the alternative of suspending
enforcement of Section 9-4.132(a) ( "Permit Required" ) for permanent
signs currently existing, until such time as the sign ordinance re-
write is adopted. Councilman Bewley agreed.
Public Comments:
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Tom Jespersen, Jaime's Flowers & Antiques, requested a fair
ordinance that address the individual needs of local businesses.
Ray Johnson, President of the Chamber of Commerce, spoke in support
of holding violations in abeyance until after the new sign
ordinance is adopted.
Joe Grisanti, GrisantiIs Hardware, asserted that there are too many
restrictions on free enterprise.
---End of Public Testimony---
Councilwoman Borgeson declared that signage is a privilege and
opposed suspension of any part of the present sign ordinance.
Councilman Luna asked the City Attorney for legal advise regarding
action to suspend portions of City ordinances. Mr. Montandon noted
that the past Council had suspended regulations regarding sidewalk
sales and while that may have set a precedence was, in fact, a
different matter because of the fact that there are pending court
cases regarding violations of the sign ordinance. He reported, as
directed, he had communicated with the City' s Prosecutor, Roy
Hanley, who has confirmed his position that once a case has gone to
court it is not subject to Council consideration.
Councilman Kudlac mentioned that community input will be vital when
considering the new sign ordinance.
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
suspend enforcement of Section 9-4. 132(a) ( "Permit
Required" ) for permanent signs currently existing, until
such time as the sign ordinance re-write is adopted;
motion carried 3:2 (Councilwoman Borgeson and Councilman
Luna opposed) .
4. ORDINANCE NO. 250 - CONSIDERATION OF ZONING ORDINANCE REVISION
TO ALLOW POLE-MOUNTED FREEWAY SIGNS FOR NEW AUTO DEALERSHIPS
(Zone Change 03-92 - City of Atascadero)
(Recommendation to waive reading in full and approve on second
reading, by title only)
Councilmembers Luna and Bewley mentioned that they had reviewed the
tape recording of the meeting on June 9, 1992 when Ordinance No.
250 was introduced and were prepared to act on the matter.
(Clerk's Note: Councilman Kudlac was personally present during the
hearing) .
Councilwoman Borgeson reiterated opposition to the ordinance and to
"piece-meal" planning.
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Public Comment:
Jeff Hook, 4620 San Ardo, asked to address the Council. The City
Attorney advised that the public hearing had been closed. Mayor
Nimmo agreed to let him speak. Mr. Hook asked Council to postpone
action on the ordinance and consider comprehensively with other
revisions to the sign ordinance.
---End of Public Testimony---
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
approve the adoption of Ordinance No. 250 on second
reading; motion carried 4: 1 (Councilwoman Borgeson voting
in opposition) .
5. ORDINANCE NO. 251 REGULATING CIGARETTE VENDING MACHINES
(Recommendation to waive reading in full and approve on second
reading, by title only)
Councilmembers Luna and Bewley confirmed that they had also
reviewed the tape recording of past testimony on this matter.
There were comments or questions from Council or the public.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
adopt on second reading Ordinance No. 251; motion
unanimously carried by roll call vote.
6. RESOLUTION NO. 61-92 - YEAR-END BUDGET ADJUSTMENTS FY1991/92
Mark Joseph provided a brief staff report and responded to
questions regarding salaries, benefits and the process of rolling
over funds.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 61-92; motion carried 5:0.
7. SET DATE FOR COUNCIL TO INTERVIEW COMMISSION CANDIDATES
Council agreed to interview candidates for the City' s Parks &
Recreation Commission on Tuesday, July 7, 1992 beginning at 5:00
p.m.
S. SET DATES FOR 1992-93 BUDGET HEARINGS
(Consent Calendar Item #B-12 added: Resolution No. 58-92
Establishing Interim Appropriations for the Upcoming Fiscal
Year)
Mark Joseph remarked that staff had prepared an interim resolution
rolling over essential appropriations and suggested that a "sunset
date" be chosen to coincide with a date selected for budget
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Page 8
hearings. The City Manager suggested that in light of the State' s
lack of adopting their budget, Council consider waiting until their
regular meeting of July 14th to set the date for budget hearings.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 58-92 and, on recommendation of
staff, set a sunset date of July 14, 1992 and set the
public hearing for the same date; motion carried 5:0.
(Clerk's Note: This motion was amended - see page 9) .
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilwoman Borgeson suggested choosing another format for placing
proclamations on the agenda. The City Attorney reported that many
cities put them on the consent calendar. Discussion ensued. Mayor
Nimmo proposed a procedure whereby proclamations submitted would be
reviewed by the City Manager, Mayor and Mayor Protem to eliminate
those that might be controversial or inappropriate.
Mayor Nimmo remarked that he would prepare a memo to Council
regarding committee appointments. He suggested that each
councilmember provide him with input about which committees they
might like to serve upon. Councilman Luna mentioned that he would
appreciate information about meeting dates, times and locations to
facilitate his choices.
2. City Treasurer
Micki Korba expressed concern for postponing budget hearings and
stated she would prefer to see them held before the fourteenth of
July. Mr. Windsor reminded Council that they were involved in the
"meet and confer" process with employees and that this might affect
when the hearing could be held.
Councilwoman Borgeson noted that she had intended, as maker of the
motion, for the budget hearings to be held on the evening of July
14th not merely to be scheduled for some later date. The previous
motion was amended, as follows:
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
delete the reference to a hearing date; motion
unanimously carried.
By consensus, Council agreed to meet in a special session for
purposes of budget hearings on Monday, July 6, 1992 at 6:00 p.m.
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At 10:20 p.m. and by unanimous consensus, the meeting was adjourned
to a Closed Session for purposes of discussion regarding personnel
matters pursuant to Govt. Code Sec. 54957.6.
MINUTES RECO ED AND PARED BY:
r
LEE RAW N, City Clerk
Attachments: Exhibit "A" (Amendments to Ordinance No. 248
Chapter 8. Fire Code)
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EXHIBIT "A
Section 8 - BUILDING REGULATIONS,
a
Chapter S. Fire Code
8-8 . 101. Adoption of Uniform Fire Code. Certain documents marked and
designated as the "Uniform Fire Code", t3 nrL*dtxii , including
Appendix Chapters:
I-A (Life Safety Requirements for Existing Buildings other than high
rise)
I-C (Stairway Identification) ,
II-A (Suppression and Control of Hazardous Fire Areas) ,
II-B (Protection of Flammable or Combustible Liquids in Tanks in
Locations u ' se Flooding) ,
II-D (Rifle Ranges) ; "`
III-A (Fire-Flow Requirements for Buildings) ,
III-B (Fire Hydrant Location and Distribution)
>,.
III-Cs t uto�atf o R r' n >�aiif ` . 'aa f ., ..ngs•t
III-D "Basement Pie Inlet's
IV-A (Interior Floor Finish)
V-A (Nationally Recognized Standards of Good Practice) ,
VI-A (Hazardous Materials Classifications) ,
and the "Uniform Fire Code Standards"-, 1991 Edition, are hereby
adopted for the Opurpose of prescribing regulations -governing
conditions hazardous to life and property from fire or explosion..
Each and all of the regulations, provisions, conditions, and terms of
such "Uniform Fire Code", 1991 Edition, and the "Uniform. Fire Code
Standards" , 1991 Edition, published by the Western Fire Chiefs
Association and the International Conference of Building Officials,
on file in the Building Division are hereby referred to and made a
part hereof as if fully set out in this. Chapter, except as otherwise
provided in this Chapter.
8-8. 102.. Deletion of Certain Parts of the UniforM Code. The
following portions of the "Uniform Fire Code", 1991 Edition, are
hereby deleted:
(a) Section 2.301 (Board of Appeals)
8-8 . 103 . Board of Appeals. In order to provide for interpretation
of the provisions of the Chapter and to hear approvals provided for
hereunder, the Board of Appeals established pursuant to Section 8-
1. 104
-1. 104 shall govern. Procedures specified by Section 8-1. 104 (e) shall
be followed.
8-8 . 104. Alarm Signal Defined. The definition of an alarm signal in
Article 14, Section 14. 102, shall be revised as follows:
Alarm Signal is an audible or- visual. signal, or both, indicating the
existing of an emergency fire condition. Audible devices may be
bells, horns, chimes, speakers or similar devices but no audible alarm
shall conflict with the response of emergency vehicles or civil
defense systems. Under no circumstances shall sirens of wail, yelp
or, hi-lo sounding be used. All devices shall be approved by the
Police and Fire Chiefs.
20
8-8. 105. Establishment of Limits of Districts in Which Staracre o,g
Flammable or Combustible Lieu ds in Outside Abovearound Tanks is
Prohibited. The limits referred to in Section 79.501 of the Uniform
Fire Code in which the storage of flammable or combustible liquids is
prohibited are hereby established as the City Limits of the City of
Atascadero. This section shall not apply to storage of flammable or
combustible liquids in aboveground vaults as approved by the Fire
Department.
8-8. 106. Establishment of Limits 'N ^. "a"' in Which storage of
Explosives and Blasting Accents is Prohi i ted':"`Y'The limits referred to
in Section 77.107 (a) of the Uniform Fire Code, in which storage of
explosives and blasting agents is prohibited, are hereby established
as the City Limits of the City of Atascadero.
8-8 . 107. Automatic Fire Extinguishing Systems. Section 10.507 (a)
shall be revised to read as follows:
Section 10.507(a)General. An automatic fire extinguishing system
shall be installed:
I. In all newX buildings or structures having a total floor area
lbs of 5, 000 square feet of gross area or more.
2. In all existing buildings of less than 5,000 square .feet which
undergo addition sufficient to make the total greater than 5, 000
square feet.
3 .. In all existing buildings or structures with a total floor area
id�e w 1: exceeding 5,0-00 square feet which undergo any
ac�d1t� on +ar` changes.::i`1x�F�tse�.
4 In the occupancies and locations as set forth in this section.
in regardi to building additions and for purpose of this section, the
total floor area shall be computed without regard to area separation
walls and floors of lens than 4-hour fire resistive construction as
defined in the Uniform Building Code � o "� { 1 0 ...
l p".
:_ F i'' ia ^:Ko 4„ Y. �.���QY'�°}y"•y� �' `L�� 'Y��♦ ... w: �.. ...y : .. rsn
sect�:ei' .>.tY!'+ <e se Er , ,t o �:�r >. •ry, ,.>.
ct..:..:e��....�.. . �Y
For provisions on special hazards and hazardous materials, see
Sections 10.501 and 45.209 and Articles 45, 48, 49, and 80.
8-8. 108 . Fire Arparatus Access Roads Turning Radius. Section
10. 204 (c) shall be revised to read as follows: Section 10.204(c)
Turning Radius. The turning radius of a fire apparatus access road
shall be at least 28 feet inside radius and 48 feet outside radius.
8-8 . 109 . Fire Aooaratus Access Roads - Grade. Section 10.204 (f)
shall be revised to read as follows: Section 10.204(f) Grade. The
Gradient for a fire apparatus access road shall not exceed 20% at any
point along its length.
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