HomeMy WebLinkAboutMinutes 042793 Approved as Amended
Meeting Date: 5/25/93
ATASCADERO CITY COUNCIL
APRIL 27, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Kudlac 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;
Mike McCain, Acting Fire Chief; Lt. John Barlow, Police
Department and Steve Sylvester, City Engineer
PROCLAMATIONS:
Mayor Nimmo read the proclamation for "Youth Week", May 1-8, 1993 and presented
it to Arnold Bickham, Elks Lodge. He also presented the proclamation for "City Clerks
Week", May 2-8, 1993, to Lee Raboin, City Clerk.
In addition, the Mayor read aloud the proclamation for "Victims of Pornography
Week", May 2-8, 1993 and presented the proclamation designating "National Police
Week", May 9-15, 1993, to Lt. Barlow.
COUNCIL COMMENTS:
Councilman Kudlac congratulated the Fire Department for recent antique car awards.
He also acknowledged the work of the Atascadero Historical Society for installing
"Dawn to Dusk" curfew signs in the creek area.
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COMMUNITY FORUM:
Pastor Trey Littlejohns, Christ Chapel, provided commentary regarding separation of
church and state. He placed on loan for viewing to the City Council copies of the
video, Founding Fathers, and asked Council to reconsider policy relating to facility
rentals by churches. In addition, he urged the Council to appoint a committee to look
into the matter and indicated that he would like to participate.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments/Regional Transit Authority - Mayor
Nimmo announced the next meeting date would be May 5, 1993.
2. Solid/Hazardous Waste Task Force - Councilwoman Borgeson reported
that the next meeting would be in May, but did not have the date
certain.
3. City/School Committee - The City Manager indicated that the committee
would meet on May 27, 1993.
4, County Water Advisory Board - Councilwoman Borgeson reported that
the next meeting would be in early May.
5. Economic Round Table: Forma/Report to City Council
Chairman Bob Lilley provided a review of the Executive Summary of the
Economic Round Table Report and highlighted three committee
recommendations. Following questions and commentary, the City
Council gave majority support to the formation of the position of
"Economic Manager"; however the matter was deferred until the 1993-
94 budget review. In addition, by mutual consent of the Council, staff
was directed to prepare costs and recommendations for supplying data
to the State Department of Commerce and to come back with a report
on Highway 101 corridor landscaping and signage.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - MARCH 23, 1993 (Cont'd from 4/13/93)
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2. CITY TREASURER'S REPORT - MARCH, 1993
3. FINANCE DIRECTOR'S REPORT - MARCH, 1993
4. TENTATIVE TRACT MAP 25-89, 5805 CAPISTRANO - Request for time
extension (Hotel Park, Lewis/Messer)
5. TENTATIVE PARCEL MAP 92-010, 7400 BALBOA - Request to divide 6.26
acres into two lots (Woodruff/Wilson Surveys)
6. CONTRACT AWARD FOR PORTABLE HYDRAULIC PUMP UNIT (Cont'd from
4/13/93)
7. RESOLUTION NO. 21-93 - Declaring weeds a public nuisance and commencing
proceedings for abatement
8. RESOLUTION NO. 28-93 - Authorizing the execution of an agreement with the
Atascadero Historical Society for lease of the Lower Rotunda
9. RESOLUTION NO. 29-93 - Authorizing the execution of an agreement with
Deborah Maysey to operate Paloma Creek Park food & drink concession
10. RESOLUTION NO. 30-93 - Authorizing the execution of an agreement with Tri-
Counties Elevator Company, Inc., for elevator maintenance
11. ACCEPTANCE OF COMBINED ROAD AND DRAINAGE IMPROVEMENTS -
Downtown roads, Junipero Avenue and Mercedes Avenue
Mayor Nimmo noted that Item #13-8 would be continued. Councilman Luna pulled
Item #B-5.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve
Consent Calendar Items #13-1 through 4, 6, 7, 9, 10 & 11 ; motion
carried 5:0 by roll call vote.
Re: Item #B-5. TENTATIVE PARCEL MAP 92-010, 7400 BALBOA - Request to
divide 6.26 acres into two lots (Woodruff/Wilson Surveys)
Councilman Luna indicated that he could not support the Findings and Conditions of
Approval because the project did not meet flag lot standards. Councilwoman
Borgeson agreed.
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MOTION: By Councilman Kudlac, seconded by Councilman Bewley to approve
Tentative Parcel Map #92010 based on the Findings and Conditions of
Approval contained the staff report; motion carried 3:2 with
Councilmembers Luna and Borgeson objecting.
C. PUBLIC HEARINGS:
1. CIRCULATION ELEMENT & FINAL EIR
A. Resolution No. 23-93 - Approving the adoption of an updated Circulation
Element of the Atascadero General Plan
The Mayor stepped down due to a potential conflict of interest. Mayor Protem Kudlac
took the gavel.
Henry Engen introduced Mike Multari of Crawford, Multari & Starr, who provided
background and overview of the Circulation Element and Final EIR. Mike Kennedy,
DKS Associates, then presented a summary of recommended policies and programs.
Numerous Council questions followed.
Public Comments:
Livia Kellerman, 5463 Honda, suggested a rural road to Templeton, spoke in support
of bike lanes and other wide one-lane paths for walking, horses, carts etc. In addition,
she also proposed the construction of several parking stations along EI Camino Real.
Eric Greening, 7365 Valle, voiced opposition to intermittent Class II bike lanes and
provided a number of suggestions for improving pedestrian traffic. He mentioned that
he found Palomar unsuitable for a designated walking path or bike lane. In addition,
he commented that he supported the draft's recommendation for making the Lewis
Avenue Bridge a pedestrian-only overpass.
Peter Boonisar, 5225 Magdalena, asked questions relating to levels of service
proposed for the intersection of Highways 101 and 41 and if there were any accident
studies relating to Alternative A for the Highway 41 extension. Mr. Kennedy
responded by noting that Caltrans was to begin studying the highway interchange on
April 28, 1993, and speculated that, as a result, Caltrans would be making specific
proposals for improving traffic circulation in that area.
Doug Lewis, Box 1017, read a prepared statement (see Exhibit A).
Jay DeCou, 9200 Pino Solo, reiterated opposition to a raised median on EI Camino
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Real and proclaimed a two-way turning lane to be a more appropriate alternative. He
also asked the Council to consider the economic effect of eliminating on-street parking
to accommodate the addition of bike lanes on El Camino Real.
Joe Grisanti, 5275 Cabrillo, asked that Entrada be restored to a two-way street and
urged construction of the Lewis Avenue Bridge.
Allen Bristol, Lucinda Lane resident, shared concern for emergency access of residents
in the 3-F Meadows area and requested that reconsideration be made relating to
extension of Carmelita Avenue to Highway 41 and the construction of a bridge over
the well-known "Arizona creek crossing".
Tom Bench, 7503 Carmelita, questioned changes proposed for prioritizing locations
for bike lanes.
Marcia Torgerson, 6200 Llano Road, inquired about street widening at Llano and
Balboa Roads intersection.
James Patterson, 9312 Santa Margarita Road, urged the approval of bike lanes on EI
Camino Real and spoke in favor of the conceptual raised, landscaped median.
Frank Lundy, 6977 Llano Road, agreed that bike lanes on El Camino Real are needed
and asked that the condition of the privately-built bridge on Llano Road be upgraded.
Dorothy Smith, 8795 Morro Road, noted that adequate shoulder must be provided for
postal carriers to deliver mail.
Dan Phillips, 8800 El Camino Real, indicated he was opposed to bike lanes on El
Camino Real and argued that business owners do not want to give up on-street
parking.
Whitey Thorpe, 8025 Santa Ynez, spoke in favor of bike lanes on EI Camino Real and
in opposition to the raised median concept. In addition, he asserted that the Lewis
Avenue Bridge would improve traffic flow.
Ray Jansen, 6655 County Club Drive, voiced discontent with the proposal for
designating Via Avenue as a truck route.
Rush Kolemaine, Box 1990, expressed a desire to see a link between Traffic Way and
Highway 41 and indicated that he believed convenient rail and highway access would
invite light industrial use.
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Richard Hill, 8400 San Gabriel, asserted that the proposed raised median for EI
Camino Real would restrict commercial deliveries and hinder local businesses.
Dorothy McNeil, 8765 Sierra Vista Road, spoke in support of the raised median
concept.
Giving additional testimony, Doug Lewis suggested that the document address trip
generation to Twin Cities Hospital.
---End of Public Testimony, Public Hearing Closed---
The City Attorney advised that the Fair Political Practices Commission (FPPC) was
reviewing relevant documentation and would be making a formal determination
regarding the Mayor's potential conflict of interest and to what extent he may
participate in deliberations leading to the adoption of the Circulation Element. In light
of this advise, the Council agreed to postpone commentary and action until after the
FPPC has rendered their decision.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to continue
the item to May 11, 1993; motion approved unanimously.
Mayor Nimmo returned to the dias.
D. REGULAR BUSINESS:
1. 3-F MEADOWS, TECORIDA AND LAS ENCINAS ASSESSMENT DISTRICTS
PRELIMINARY APPROVAL STAGE RESOLUTIONS
A. Resolution No. 25-93 - Preliminary approval of Engineer's Report
B. Resolution No. 26-93 - Setting Informational Meeting (May 1 1) and
Protest Hearing (June 22)
C. Resolution No. 27-93 - Approving Boundaries, directing filing of the map
and recordation of the Notice of Assessment
Steve Sylvester provided the staff report and recommendations. Council questions
followed. It was noted that assessment costs were higher than what was previously
projected. The City Manager assured the Council that the figures illustrated in the
Preliminary Engineering Report represented maximum amounts and predicted that true
costs may indeed be lower. Discussion ensued relating to reducing administrative
costs and by consensus, staff was directed to look for cost reductions.
There were no comments from the public.
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MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to approve
Resolution No. 25-93 approving the Preliminary Engineering Report;
motion carried.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve
Resolution No. 26-93 appointing the time and place for hearing protests;
motion carried.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve
Resolution No. 27-93 approving proposed boundaries of the assessment
district, directing the filing of the maps and recordation of the Notice of
Assessment; motion carried.
2. CAMINO REAL ASSESSMENT DISTRICT PRELIMINARY APPROVAL STAGE
RESOLUTIONS
A. Resolution No. 31-93 - Preliminary approval of Engineer's Report
B. Resolution No. 32-93 - Setting Informational Meeting (May 1 1) and
Protest Hearing (June 22)
C. Resolution No. 33-93 - Approving Boundaries, directing filing of the map
and recordation of the Notice of Assessment
Steve Sylvester provided a summary report. There were no questions from the
Council or the public.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to approve
Resolution No. 31-93 approving the Preliminary Engineering Report;
motion carried.
MOTION: By Councilman Bewley, seconded by Councilman Kudlac to approve
Resolution No. 32-93 appointing the time and place for hearing protests;
motion carried.
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to approve
Resolution No. 33-93 approving proposed boundaries of the assessment
district, directing the filing of the maps and recordation of the Notice of
Assessment; motion carried.
3. ORDINANCE NO. 269 - Amending Title 6 of the City's Municipal Sanitation
Code relevant to placing delinquent refuse collection charges on the property
tax rolls
(Recommend (1) motion to waive reading in full and read by title only, and (2)
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motion to introduce on first reading by title only)
Mark Joseph provided a brief report and responded to questions.
Public Comments:
Betty Sanders, representing Wil-Mar Disposal, spoke in favor of the proposed
ordinance.
Doug Lewis questioned the legality of using tax rolls to pay a private firm. The City
Attorney advised that the procedure was legal and used by many cities.
Whitey Thorpe asked for rate clarifications; Ms. Sanders responded.
MOTION: By Councilman Bewley, seconded by Councilman Kudlac to extend the
meeting beyond 11 :00 p.m.; motion passed.
Dorothy Smith spoke in opposition to the proposed ordinance and voiced disapproval
of the rates and manner in which Wil-Mar sends out the garbage bills.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilman Kudlac to waive the
reading in full of Ordinance No. 269; motion carried.
Councilwoman Borgeson voiced opposition and indicated that she would vote against
the ordinance.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to introduce
Ordinance No. 269 on first reading; motion carried 4:1 (Borgeson)
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Treasurer
Micki Korba reported on attendance at the State City Treasurers Conference and
shared information.
At 11:07 p.m., the City Council adjourned to a closed session for purposes of
discussion regarding personnel negotiations. At 11:10 p.m. the Closed Session was
adjourned.
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THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, MAY 11, 1993.
MINUTES RECORDED AND PREPARED BY:
tEf RABOIN, Clty Clerk
Attachment: Exhibit A (Lewis)
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SYSTEM DESIGN TELEPHONE ISOS)466.1018
TECHNICAL WRITING
INFORMATION MANAGEMENT ,5 -
PRODUCT DEVELOPMENT April 27, 1993
PPLIED CREATIVITY
Douglas R. Lewis
POST OFFICE BOX 1017
ATASCAOERO. CAUFORNIA 93423 w Vf I`f L`i
Atascad.ero City Council
Administration Building
6800 Palma Subject: Circulation :dement
Atascad.ero, Update and
California 93422 Final EIE
Honorable Mayor;
Members of the Council:
The Atascad.ero Planning Commission has voted to send the Final
Documants of the general Plan Update Circulation Element to the Council
with recommendation for approval.
The ':written comments addressing the Draft versions of those Docu-
ments are matters of record , with Which I expect you are by no,•:r conver-
sant. it is not my intention in this letter to resurrect those coiwiients
in detailed. d sa�,reemment with the responses, although re=)ort to you
here and no-w some continuin= dissatisfaction -with the substance and
rationale of many Study responses made to .ie and ;jade to others ;:ho
commented seekin- to assist the 'Nest interests of the �;
City Councii/�_,ewis Circulation Element/LIR 4-27-93
Signa-e on Traffic :lay at Olmeda.is one example of persistent distortion
or skewing of the rational concerns about Circulation expressed in the
body of comments by Study responses that leaves a residue of discomfort.
ITEM II :
The Paper Trail; Who gets a Cour? . . .
The present City policy on courtesy distribution of the Final Docu-
ments to those commentators who voluntarily attempted to help improve
those documents substantially_ is patently unclear to me. If some of the
commentators were provided Final Documents, but not other commentators,
an unfairness of such favored distribution obtains. If none of the
commentators were provided copies of the Final Documents to which they
contributed. their effortsm an unseemly discourtesy obtains in stark con-
contrast to the ordinary and expected practice of other public bodies
which solicit written public comment. Any oversight or omission deserves
correction.
The roster of thoughtful individuals, agencies and organizations
such as responded to the invitation to participate in the Circulation
Element preparation process would ordinarily receive Courtesy Document
copies from virtually every public jurisdiction having cause to issue
such invitation, ,where they commented. Federal, State, Regional and
;ounty agencies typically fold the cost of such courtesy document pub-
lication and distribution into the delivery agreement for preparing the
study. And they tend to scrupulously honor such distribution.
I believe Atascadero does itself and the ilk of commentators who
bother to prepare timely responses a disservice if it disavows or avoids
such courtesies either selectively or wholesale. I would. have the
Council instruct such exercise of Document courtesdr in these matters as
a matter of intent andconsistency; and I sincerely ask. that no scow
be forthcoxing from this Council in reply to this express concern by
exhibition of displeasure at such expression.
I ask that the Atascadero City Council take these express concerns
into consideration as it evaluates the Final Documents on this 'General
Plan Update Circulation Element and EIS.
Respectfully submitted,,
Douglas R. Jjewis _
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