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HomeMy WebLinkAboutMinutes 022393Approved as Submitted 03/09/93 ATASCADERO CITY COUNCIL FEBRUARY 23, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Borgeson 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, Assis- tant City Manager/Director of Community Services; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief; Steve Sylvester, City Engineer and Mark Markwort, Chief of Wastewater Operations PROCLAMATIONS: Mayor Nimmo read the proclamation for "DeAnza Day", March 4, 1993 and presented it to Russ Kolemaine, representing the Trail Committee of San Luis Obispo and the Atascadero Historical Society. The mayor also read the proclamation for "Arbor Day", March 7, 1993, and presented it to Marj Mackey, member of the Native Tree Society. COUNCIL COMMENTS• Councilman Luna shared pictures of road damages he witnessed in town as a result of the recent rains. He encouraged other members of Council to go out and look themselves and asked staff for a status report. Andy Takata provided an overview of the problems and apprised the Council of the efforts of staff to rectify the situations. Councilwoman Borgeson indicated that she had received telephone calls from citizens inquiring when the Monterey Road Bridge would CC 02/23/93 Page 1 be open. The City Manager replied that he did not have a defini- tive date to report because staff was awaiting final approval and release from Caltrans on the project. COMMUNITY FORUM• Eric Grbening encouraged youth participation in government and urged the removal of signs presently posted at City Hall regulating the admittance of children under the age of 16. He also endorsed the concept of public recognition of those providing outstanding community services. Rebecca Simmons, San Benito Elementary School student, asked the Council to give high priority for bike lanes on roads children ride or walk to school. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments IS. L. O. Regional Transit Authority - Mayor Nimmo announced that meetings would be held March 3, 1993 in San Luis Obispo. 2. Solid/Hazardous Waste Task Force - Councilwoman Borgeson reported that the task force would meet next on March 4, 1993. 3. County Water Advisory Board - Councilwoman Borgeson stated that the board would meet the first of March. 4. Economic Round Table - Henry Engen indicated that the next meeting would be the 10th of March. 5. Recycling Committee - Committee member Dennis Loftus presented an overview of the committee's achievements, goals and current projects (report on file with City Clerk) . B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - February 9, 1993 2. TREASURER'S REPORT - December, 1992 3. TENTATIVE TRACT MAP 92-002, 5100 SAN ANSELMO - Proposal to subdivide one parcel containing 5.3 acres into four resi- dential lots containing approx. 1.0 acres each and one lot containing approx. 1.5 acres (A.C. Properties/ EMK & Associ- ates) CC 02/23/93 Page 2 4. RESOLUTION NO. 11-93 - Changing the City Attorney's services from contract to salaried employee S. RESOLUTION NO. 12-93 - AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH TARTAGLIA-HUGHES, CONSULTING ENGINEERS FOR ASSESSMENT DISTRICT ENGINEERING SERVICES Mayor Nimmo pulled Item #B-5 and reported that due to a potential conflict of interest, he would step down from deliberations on the matter. Councilwoman Borgeson asked that Items #B-3 and B-4 be pulled for additional information. MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Items #B-1 and B-2; motion carried unanimously by roll call vote. Re: Item #B-3. TENTATIVE TRACT MAP 92-002, 5100 SAN ANSELMO Councilwoman Borgeson shared concerns relating to drainage and asked what safeguards were being considered to assure drainage improvements would be made. Art Montandon advised that when this item comes back for final Council approval, the City Engineer will either certify that all the improvements are complete or recommendation to approve a subdivision improvement agreement. He added that there is no legal requirement that the Council must accept bonds or other securities in lieu of having the improvements complete and indicated that if the Council were unsatisfied with the improvements, it could deny the subdivision improvement agreement and the map. There was no comment from the public. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to approve Tentative Tract Map 92-002; motion carried 5.0. Re: Item #B-4. RESOLUTION NO. 11-93 - Changing the City Attorney's services from contract to salaried employee Councilwoman Borgeson asked for clarification. Art Montandon provided details about the City's present contract with the law firm of Burke, Williams & Sorenson with whom he is associated. He proposed that the City would reduce legal fees by changing his status to permanent part-time and noted that approval would give staff direction to prepare his employment contract and make appropriate amendments to the Burke, Williams & Sorenson contract for back-up legal services. Councilwoman Borgeson indicated that she preferred conducting a trial period to ensure that the change would result in a cost CC 02/23/93 Page 3 savings to the City. She suggested that the resolution be amended to provide that the matter be brought back for review at the end of the fiscal year. There were no comments from the public. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve Resolution 11-93, subject to the additional provision that the matter come back for review at the end of the fiscal year; motion carried unanimously by roll call vote. Re: Item #B-5. RESOLUTION NO. 12-93 - AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH TARTAGLIA-HUGHES, CONSULTING ENGINEERS FOR ASSESSMENT DISTRICT ENGINEERING SERVICES Mayor Nimmo stepped down from the dial because of a potential conflict of interest. Councilwoman Borgeson asked if the bid process was followed regarding this matter. Henry Engen remarked that staff has been operating under a pre-existing contract and explained that the scope of work has been expanded as a result of Council action taken on December 8, 1992 regarding the City -initiated formation of the Street Improvement Project 1992 assessment district. He reported that Robert Tartaglia has subsequently submitted a revised contract and clarified that staff will seek Requests for Proposals for formal designs and working drawings. Councilman Kudlac inquired about the proposed late performance fee. Mr. Engen noted that the $250 figure for fixed and liquidated damages resulted from a push for timely performance by residents spearheading the assessment district. Public Comments: Robert Tartaglia, Tartaglia-Hughes Consulting Engineers, voiced objection to contract amendment language regarding fixed and liquidated damages, liability insurance and deadlines. He asked the Council to lower the $250/day fee for fixed and liquidated damages to $100/day; or if that is not acceptable, grant him 60 days for performance instead of 45, as proposed. Mr. Tartaglia also stated that he believed the requirements for liability insurance were excessive, but noted that he had acquired the additional Errors & Omissions insurance. Steve Sylvester responded to Council questions and recommended a compromise of maintaining 45 days for performance, but reducing the penalty to $100/day. Councilman Bewley asked the consultant if he would be comfortable with this; Mr. Tartaglia indicated that he CC 02/23/93 ': Page 4 would. Mayor ProTem Kudlac mentioned that he would like to see language in the contract amendment to protect the consultant for being held responsible for delays caused by either the City or others. Henry Engen indicated that Article 7 of the proposed contract amendment was written with that intention. There were no comments from the public. MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Resolution No. 12-93 with the amendment that fixed and liquidated damages be changed from $250 to $100 and, further, giving direction to staff to ensure that protective language relating to delays is included; motion passed 4:0. Mayor Nimmo returned to the deliberations. C. PUBLIC HEARINGS: None D. REGULAR BUSINESS: 1. EL CAMINO REAL MEDIAN - Status Report Steve Sylvester provided background and highlighted significant details of an independent review prepared by Keith Higgins & Associates of the newly -constructed raised median on south E1 Camino Real. He presented a 2 -part recommendation: Direct staff to (1) review and implement short term operational improvements and (2) perform a 180 -day operational review to include a speed study. In addition, he made specific recommendations for modifications of certain problem areas resulting from the median installation. Council questions followed. Public Comments: The following residents and/or business persons spoke in opposition to the median: Mark Simmons, Hoover's Hacienda, demanded that the median be removed. Dan Phillips, Dan's Barber Shop, read a letter from Ed Biaggini, Patria Village, (see Exhibit A) supporting modifications recommended by staff. Jack Wallace, stated that the proposed 180 -day review period was too long. CC 02/23/93 Page 5 Mary Jo Wallace, 10025 El Camino Real, provided suggestions relating to signage and partial removal of the median. Mike Goodman, Outlet Tool Supply, read a letter from Dennis Sutton of Northern Energy, Inc. (see Exhibit B) asking that the median concept be dropped from the General Plan. Jay DeCou, DeCou Lumber, asserted that pick-up trucks and large vans cannot make the u -turns and argued that the six-month review period was too long. Speaking for Residents Against the Median (RAM), Mr. DeCou urged the Council to (1) approve removal of the median from the north end of El Camino Real to Musselman, (2) direct staff to work with Mr. Biaggini to create a turn lane in front of Patria Village, (3) remove the southern tip of the median to provide direct access to the driveway of the Columbo residence and (4) approve an encroachment permit to allow RAM to do the modifications. He then explained that RAM had obtained a bid from H.D. Peterson to do the work for $12,500 and indicated that RAM was willing to contribute funds already raised in the amount of $2,500. In summary, Mr. DeCou declared that a two-way left turn lane was a better alternative to the median strip. Bob Feldman, 10025 El Camino Real, proclaimed that the installation of the median was a disservice to the City. ---End of Public Testimony --- Lengthy Council discussion and questions to staff followed. Councilwoman Borgeson remarked that the median was poorly designed and engineered and indicated that she was inclined to follow the recommendations presented by RAM. Councilman Kudlac made two specific inquiries. Steve Sylvester explained what it would take to lower the speed limit in the subject area. Art Montandon advised that the City is obligated to adhere to laws regarding public works projects to ensure that an experienced, bonded contractor was selected and the health, safety and welfare of the community was protected. Councilman Luna contended that it would not be fair to all citizens of Atascadero to approve spending an additional $10,000 on the median and suggested that an assessment district be formed in the area to fund the median removal. Henry Engen responded to inquiry from Councilman Bewley regarding signalization. Mr. Engen reported that the State Hospital has requested the City to install a signal. Councilman Bewley explained that he was not willing to spend any more taxpayer dollars without first exploring this and other options including stop signs and lowering the speed limit. CC 02/23/93 Page 6 Councilman Kudlac indicated that he favored the staff recommenda- tions but was not supportive of approving RAM's request for an encroachment permit, based on the City Attorney's advice. Steve Sylvester indicated that a public works project cannot legally be performed through the encroachment permit process. Responding to comments relating to a speed survey, Chief McHale reported that the department could complete a study in two weeks and provide a preliminary report, but emphasized that it would not be possible to provide a certified study in this short time. Steve Sylvester agreed adding that it would take a full 180 days to complete a substantive study with an accident analysis; but suggested that, if Council so desires, staff could come back in forty-five days with a report based on a two-week study conducted by the Police Department. MOTION: By Councilwoman Borgeson to (1) direct the City Engineer to review and implement short term operational improvements regarding signage, striping, and facilitating u -turn and left turn movements and (2) direct staff to perform a 180 day operational review and report, including a speed study, for the area of new construction. Develop recommendations, including cost estimates, for permanent alterations to the raised median and report back to Council. Motion died for lack of second. MOTION: By Councilman Kudlac, seconded by Councilwoman Borgeson to (1) direct the City Engineer to review and implement short term operational improvements regarding signage, striping, and facilitating u -turn and left turn movements and (2) direct staff to perform a 45 day operational review and report, including a speed study, for the area of new construction. Develop recommendations, including cost estimates, for permanent alterations to the raised median and report back to Council; motion passed 4:1 (Councilman Luna in opposition). At 9:47 p.m., the mayor called a ten-minute break. At 9:57 p.m, the meeting resumed. 2. WASTEWATER TREATMENT FUND - Status Report/Request for author- ization for rate review consultant Henry Engen provided the report and recommendation to approve a City sewer rate analysis. Mark Markwort, Chief of Wastewater Operations, was also present for questioning. Councilman Luna asked if the Atascadero Unified School District and Atascadero Mutual Water Company were paying for sewer service. CC 02/23/93 Page 7 Staff indicated that the School district was not, but the Water Company was. Staff explained that waste water operations expenditures outweigh revenues and currently residential rates subsidize commercial use. It was noted that a complex analysis will determine an equitable fee raise. MOTION: -By Councilwoman Borgeson, seconded by Councilman Bewley to authorize the Community Development Director to negotiate with Crawford, Multari and Starr to analyze the current sewer system rate structure and user fees for a fee of up to $5,000, and recommend an appropriate fee resolution for adoption; motion carried unanimously by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk Lee Raboin reported that she had recently graduated from the three- year program, Continuing Education for Public Officials (CEPO). 2. City Treasurer Micki Korba provided clarification on interest earnings reported in the December Treasurer's Report. THE MEETING WAS ADJOURNED AT 10:24 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, MARCH 9, 1993 AT 7:00 P.M. MINUTES RECORDED PREPARED BY: LEE_2ABOIN, City Clerk Attachments CC 02/23/93 Page 8 Exhibit A - (Biaggini) Exhibit B - (Sutton)