HomeMy WebLinkAboutMinutes 111092 Minutes Approved as Submitted
1/12/93
ATASCADERO CITY COUNCIL
NOVEMBER 10, 1992
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson
Luna led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata,
Assistant City Manager/Director of Community
Services; Henry Engen, Community Development
Director; Art Montandon, City Attorney; Mark
Joseph, Administrative Services Director; Lt.
Bill Watton, Police Department; Kelly
Heffernon, Administrative Analyst and Steve
Sylvester, Consulting Engineer
COUNCIL COMMENTS:
At Councilwoman Borgeson's suggestion, Council directed staff to
send a letter of congratulations to newly-elected area Mayors and
members of the County Board of Supervisors.
ANNOUNCEMENT:
The City Clerk mentioned that Atascadero had been recognized by the
California Smoke-Free Cities (a partnership of the League of
California Cities, Americans for Nonsmokers' Rights and Health
Officers Association of California) for the recent adoption of an
ordinance prohibiting cigarette vending machines.
COMMUNITY FORUM:
Celia Moss, 8040 Coromar, asked Council to issue a Veteran's Day
proclamation recognizing special services being conducted at the
Vietnam Washington Memorial. There was unanimous support andstaff
agreed to prepare the proclamation for signature and presentation
by the Mayor ProTem.
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Page 1
Eric Greening, 7365 Valle, urged all to attend and testify at the
Board of Supervisors meeting Monday, November 16, 1992 regarding
the disposition of un-allocated reserves of "State Water".
Ray Jansen, 6655 Country Club Drive, commented that he had not
received a response to recommendations he presented at the last
meeting supporting an alternative route for the Highway 41
realignment. He emphasized that the matter deserves to be
addressed and challenged any proponent of the "A-Modified" Route to
debate the issue.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status were given, as follows. ) :
1. Solid/Hazardous Waste Task Force - Councilwoman Borgeson
emphasized the need for technical input and direction
from qualified staff (Public Works Director) on the Task
Force.
She reported that a Joint Powers Agreement (JPA) is being
formed and that the draft document is currently being
circulated among cities. Ms. Borgeson provided a status
report on funding, including the use of tipping fees. In
addition, she noted that Chicago Grade is approximately
$19, 000 short and noted that the Task Force will soon
make recommendations regarding this matter. Closing, Ms.
Borgeson mentioned that she will leave agendas and
minutes on the Council desk for review and encouraged
other members of Council to look over these informational
documents.
City Manager Ray Windsor added that the Mayors/Managers
group would be receiving a presentation on the JPA at
their next meeting.
2. City/School Committee - Mr. Windsor reported that the
next meeting would be Wednesday, November 18, 1992 at
1: 30 p.m. in his office.
3. County Water Advisory Board - Councilwoman Borgeson
reported that the Water Board had received a report
regarding seismic safety of Lopez Lake at their last
meeting. She also mentioned that she would display the
minutes from this board's meetings on the Council table.
4. Homeless Coalition - Councilwoman Borgeson indicated that
matters had been turned over to local churches, the
Womens' Shelter and Loaves & Fishes. She suggested that
the City may want to discontinue representation.
B. CONSENT CALENDAR
The Mayor read the Consent Calendar, as follows:
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Page 2
1. CITY COUNCIL MINUTES - OCTOBER 13, 1992
2. TENTATIVE PARCEL MAP 4-89, 7445 CORTEZ AVE. - Consideration of
time extension request (Larsen/Cuesta Engineering)
3. TENTATIVE PARCEL MAP 11-90, 8065 AMAPOA AVE. - Consideration
of time extension request (Shutt)
4. TENTATIVE PARCEL MAP 12-90, 8045 AMAPOA AVE. - Consideration
of time extension request (Shutt)
5. RESOLUTION NO. 110-92 DESIGNATING A STOP INTERSECTION ON
NOGALES AVENUE @ FRESNO AVENUE
6. RESOLUTION NO. 111-92 - DESIGNATING A STOP INTERSECTION ON
LOBOS LANE @ NOGALES AVENUE
7. RESOLUTION NO. 112-92 - DESIGNATING A STOP INTERSECTION AT
EAST MALL & LEWIS AVENUE
8. RESOLUTION NO. 11.3-92 - GRANTING AN EASEMENT TO THE GAS
COMPANY ACROSS ATASCADERO CREEK ADJACENT TO EL CAMINO REAL
9. RESOLUTION NO. 114-92 - DESIGNATION OF STEVE SYLVESTER AS
ACTING CITY ENGINEER' IN THE ABSENCE OF GREG LURE
10. CAMINO REAL FASHION OUTLET ASSESSMENT DISTRICT, 2100 EL CAMINO
REAL
A. Resolution No. 115-92 - Approving proposed boundaries of
assessment district
B. Resolution No. 116-92 - Determining to undertake pro-
ceedings for improvements pursuant to special assessment
bond acts for the acquisition and/or construction of
improvements without proceedings under Division 4 of the
Streets & Highways Code
C. Resolution No. 117-92 - Appointing Bond Counsel and
Assessment Engineer
D. Resolution No. 119-92 - Indicating the City's intent to
acquire public improvements
11. AWARD BID No. 92-12 FOR COMBINED STREET & DRAINAGE IMPROVE-
MENTS
12. FINAL TRACT MAP 27-89, 8700, 8850, 8900 & 9000 SANTA CRUZ ROAD
Re-subdivision- of four (4) lots of 30. 16 acres into eight (8)
lots of 3 .77 acres each (Ryan/White)
Councilwoman Borgeson pulled Consent Calendar Items #B-9 and #B-10.
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MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve the Consent Calendar Items #B-1 through 8 and #B-
11 & 12; motion carried unanimously by roll call vote.
Re: Item ,#B-9 RESOLUTION NO. 114-92 DESIGNATION OF STEVE
SYLVESTER AS ACTING CITY ENGINEER IN THE ABSENCE OF GREG LUKE
Councilwoman Borgeson asked for clarification regarding hourly
rates and the terms of the City's existing contract with North
Coast Engineering. Henry Engen remarked that the firm was
currently working under a pre-existing contract at hourly wages
specified by that contract. He explained that an amendment to the
agreement with North Coast was being prepared and would be
presented to the Council following the leaving of the Public Works
Director, Greg Luke, on December 31, 1992 .
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Resolution No. 114;motion carried 5:0 by roll
call vote.
Re: Item #B-10 CAMINO REAL FASHION OUTLET ASSESSMENT DISTRICT,
2100 EL CAMINO REAL
A. Resolution No. 115-92 - Approving proposed boundaries of
assessment district
B. Resolution No. 116-92 Determining to undertake pro-
ceedings for improvements pursuant to special assessment
bond acts for the acquisition and/or construction of
improvements without proceedings under Division 4 of the
Streets & Highways Code
C. Resolution No. 117-92 - Appointing Bond Counsel and
Assessment Engineer
D. Resolution No. 119-92 - Indicating the City's intent to
acquire public improvements
Councilwoman Borgeson remarked that she, because of absence, had
listened to the recording of the meeting held on October 27, 1992
regarding the assessment district process. After receiving
additional clarification from staff and Mr. Cameron Weist of Haight
& Haight Attorneys-at-Law, she made the following motion:
MOTION: To approve Consent Calendar Item #B-10 adopting
Resolution Nos. 115-92, 116-92, 117-92 and 129-92; motion
seconded by Councilman Kudlac and passed unanimously by
roll call vote.
C. PUBLIC HEARINGS: NONE
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D. REGULAR BUSINESS:
1. RESOLUTION NO. 122-92 - ADOPTING/REVISING CITY FACILITIES
USAGE POLICIES, PROCEDURES AND FEES (Cont'd from 10/13/92)
Andy Takata presented the staff report and recommendation to adopt
Resolution No. 122-92 . He noted that staff was still recommending
a $5.00 across the board increase in fees even though the Parks &
Recreation Commission had not been supportive of this revision.
Brief comments followed.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve Resolution No. 122-92 with changes in fees as
recommended by staff. Motion carried 5: 0 by roll call
vote.
2. RESOLUTION NO. 118-92 - AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH CARLOS J. REYNOSO TO PERFORM A FINANCIAL REVIEW
OF WIL-MAR DISPOSAL COMPANY
Mark Joseph presented the staff report and recommendation to
approve.
Public Comments:
Responding to inquiry from Councilman Luna, Carlos Reynoso, C.P.A. ,
explained the advantages of performing a financial evaluation
rather than a complete audit. He assured the Council that if he
found anything unusual, he would come back for further direction.
Betty Sanders, attorney representing wil-Mar Disposal, Inc. ,
remarked that Wil-Mar was willing to cooperate with the financial
review and added that she believed it worthwhile to recommend that
Mr. Reynoso take into consideration Wil-Mar's recent increase in
overhead costs associated with recent City-mandated pick-up.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Resolution No. 118-92 awarding a contract to
Carlos Reynoso, C.P.A. to conduct a financial review of
Wil-Mar Disposal for an amount not to exceed $2, 640.00;
motion carried unanimously by roll call vote.
3. RESOLUTION NO. 120-92 - AUTHORIZING CLOSURE OF E. MALL BETWEEN
EL CAMINO REAL & PALMA AVENUE ON WEDNESDAYS BETWEEN THE HOURS
OF 2:30 P.M. & 7:30 P.M. AND THE OCCASIONAL CLOSURE OF PALMA
BETWEEN E. & W. MALL DURING THE SAME TIME PERIOD FOR THE
FARMERS MARKET (Cont'd from 10/13/92)
Henry Engen provided brief background and explained that Resolution
No. 20-92 amended previous authority (Resolution No. 4-92) by
including the BIA as an additional insured. He also explained that
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Page 5
the School District had decided to close the Junior High at 2: 15
p.m. on Wednesday afternoons and commented that this action would
improve the traffic situation in the area.
Public Comments•
Russ Kolemaine, Box 1919 Atascadero, asked for clarification of
hours.
---End of Public Testimony---
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Resolution No. 120-92 ; motion carried 5: 0 by roll
call vote.
4. ECONOMIC ROUND TABLE: CONSIDERATION OF REQUEST TO DESIGNATE
A PLANNING COMMISSION REPRESENTATIVE TO THE ROUND TABLE
Council concurred with the request and directed staff to seek the
names of planning commissioners who would like to serve on the
Economic Round Table.
5. EL CAMINO REAL STREET IMPROVEMENTS, EL BORDO SOUTH TO THE
STATE HOSPITAL ENTRANCE - MEDIAN LANDSCAPE CHANGE ORDER
Steve Sylvester, Acting City Engineer, provided the staff report
and recommendation. He explained that by approving option #1, the
City Council would be authorizing revisions to the landscape plan
and construction of a raised median with interior landscaping.
This change, he pointed out, was an additive and would increase the
project cost by $9, 882 . 00.
Mark Joseph clarified that funding would not come from General Fund
monies but rather from developer fees and gas tax revenues. In
addition, he pointed out that Atascadero State Hospital was
contributing $150, 000 towards the project. Henry Engen mentioned
that the State Hospital was requesting a raised median as part of
the project.
There were no comments from the public.
Individual Council comments followed expressing concurrence with
the recommendation.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve the change order with option #1; motion carried
5: 0 by roll call vote.
6. REQUEST TO SEEK SCHOOL DISTRICT ESTABLISHMENT OF A "DUSK-TO-
DAWN" CURFEW WITHIN THEIR ATASCADERO CREEK RESERVE LAND
Henry Engen presented the staff report and recommendation. Lt.
Watton substantiated the problems occurring in the creek and spoke
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in favor of the proposed curfew.
Public Comments:
Steve LaSalle, representing the Atascadero Historical Society, read
a letter of support (see Exhibit A) .
---End of Public Testimony---
By consensus, staff was directed to forward a written request to
the Atascadero Unified School District for a "dusk to dawn" curfew
on the creek.
7. APPROVAL FOR USE OF PALOMA CREEK PARK BY B & B AMUSEMENT
COMPANY FOR A FOUR-DAY CARNIVAL, APRIL 8-11, 1993
Andy Takata provided the report and outlined three recommenda-
tions: (1) Approval of the use of Paloma Creek Park for a co-
sponsored fund-raiser, (2) Direction to staff to negotiate the
necessary agreement and (3) Authorization to grant to United
Lutheran Church a waiver for a facility usage fee to allow them to
use the Pavilion for Easter services.
Councilman Luna asked the City Attorney if the fee waiver proposed
in Recommendation #3 was constitutional. Mr. Montandon indicated
that he would look into the matter. Andy Takata indicated that
Sean Merten, B&B Amusement Company, who was present was willing to
pay the usage fees in an effort to solve the dilemma.
Councilman Kudlac suggested that operation hours be extended from
10: 00 p.m. to 12 :00 midnight on Friday, April 11th.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve staff recommendations #1 and #2 ; motion carried
unanimously.
S. RESOLUTION NO. 121,-22 - CONSIDERATION OF REQUEST TO PARTICI-
PATE IN A RECYCLING MARKET DEVELOPMENT ZONE
Kelly Heffernon reported that Council approval of the proposed
resolution would not create any financial commitment but rather
would pledge support of a County application to the California
Integrated Waste Management Board to establish a Central Coast
Recycling Market Development Zone. It was noted that the real
benefit would be a decrease in costs incurred for exporting
recyclable materials.
Public Comment:
Mary Wittlesey, County Recycling Coordinator, spoke in support of
the resolution and explained that the proposed Joint Powers
Agreement would act as an "umbrella" to facilitate the market zone.
Cities, she added, would not be obligated fiscally unless the City
CC11/10/92
Page 7
became a full participant.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 121-92; motion carried unanimously
by roll call vote.
9. CONFIRM MEETING DATES THROUGH THE END OF THE YEAR
The Council agreed to meet for one session only during the month of
December. There was additional consensus to meet at 6:00 p.m. on
the evening of December 8, 1992 in a study session regarding the
Draft Source Reduction & Recycling Element before meeting in
regular "session at 7: 00 p.m.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Treasurer
Micki Korba provided a status report on the Tax & Revenue
Anticipation Notes sold. The total loan, she reported, would
amount to $1,997,700 at a 3 . 6% net re-offering yield with notes
maturing on November 18, 1993 .
THE MEETING WAS ADJOURNED AT 8:44 P.M. THE NEXT MEETING OF THE
CITY COUNCIL WILL BE NOVEMBER 24, 1992 AT 7: 00 P.M.
MINUTES RECORDED AND PREPARED BY:
LEE BOIN, Ci y Clerk
Attachment: Exhibit A (Atascadero Historical Society)
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Page 0
CC11/10/92
Atascadero Historical Society sBZT A
Post office Box 1047
Atascadero, California 93423
r,. , . Phone (805)466-8341
1,
A Non-Profit Corporation
ADMINISTRATION BUILDING
CALIFORNIA STATE HISTORICAL LANDMARK NUMBER 958
LISTED IN NATIONAL REGISTRY OF HISTORICAL PLACES
October 10, 1992
Atascadero City Council
City of Atascadero
6500 Palma Ave.
Mr. Mayor and City Council Members:
At the Atascadero Historical Society board meeting of October 2, 1992, the
board decided to post the property it has leased from the School District.
This would include the creek area as well as the rose garden.
The Society has suffered a loss of well over $2000 of damage to its
property through vandalism. The board of the Atascadero Historical Society
unanimously and: enthusiastically asks for your support in closing to the
public from dusk to dawn the property leased by the Society. Such action
would help curtail the criminal drug activity generated by the bowling alley
and the vandalism. 1t would also reduce the risk of liability.
We ask that the City specify the exact wording on the signs so that they
may enforce the no trespassing laws by giving police the right to stop and
question trespassers.
Sincerely,
Norman Ruskovich
President, AHS
Historical Society Museum
LOWER ROTUNDA. ADMINISTRATION BUiLOiN6
6500 PALMA AVENUE. ATASCADERO 000 C,