HomeMy WebLinkAboutMinutes 091493 Approved as Submitted
Meeting Date: 10/26/93
ATASCADERO CITY COUNCIL
SEPTEMBER 14, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Luna and Mayor
Nimmo
Absent: One Seat Vacant
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Andy Takata, City Manager/Director of Community
Services; Henry Engen, Community Development Director;
Art Montandon,City Attorney; Mark Joseph,Administrative
Services Director; Lt. John Barlow, Police Department and
Steve Sylvester, City Engineer
PLAQUE PRESENTATIONS:
Mayor Nimmo presented plaques of appreciation, as follows:
o Former Councilman and Mayor Marty Kudlac - Gail Kudlac and family accepted
the plaque on behalf of Marty Kudlac who resigned August 31, 1993.
o Former Planning Commissioner Roger Miller - Marcy Miller accepted the plaque
for her husband.
PROCLAMATIONS:
The Mayor read the following proclamations:
CC 09/14/93
Page 1
o "U.S. Constitution Observance Month", September 1993
o "U.S.S. Brinkley Bass Fiftieth Anniversary" - William Burrows accepted.
COUNCIL COMMENTS:
Councilwoman Borgeson asked the Council to enact and support a policy of disclosure
regarding appointments to advisory bodies. She emphasized that she felt it was
important for councilmembers to divulge any personal or business relationships
between themselves and candidates, and any other potential conflicts of interests that
that may exist so that informed decisions can be reached. Discussion ensued. The
City Manager pointed out that, once appointed, advisory body members must file
statements of economic interest pursuant to the City's Conflict of Interest Code.
Mayor Nimmo indicated that he was unaware of any problems resulting from a lack
of disclosure and argued that he was not inclined to support a written policy that
would bind future councils to such a practice.
COMMUNITY FORUM:
There were no comments from the public.
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(COG) -Mayor Nimmo reported that COG
had re-validated the A/A-Modified Route for the Highway 41 on an 8 to
4 vote.
2. Solid/Hazardous Waste Task Force - Henry Engen reported that the
committee had met on August 26, 1993 to continue review of the Draft
Joint Powers Agreement for the regional solid waste program. He
commented that the next meeting would be October 7, 1993.
3. Traffic Committee - Councilman Bewley announced that the committee
would meet on Wednesday, September 15, 1993.
4. County Water Advisory Board - Councilwoman Borgeson provided a full
report of the board meeting held on September 1, 1993. Agenda items
included the Draft Groundwater Basin Management Objectives and an
updated Conservation Element of the General Plan.
CC 09/14/93
Page 2
5. Colony Roads Committee - Councilman Luna related that the committee
had met on September 13, 1993 and a status report would be provided
later during the Closed Session.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - JULY 27, 1993
2. RESOLUTION NO. 106-93 - Designating a no parking zone on EI Camino Real
in front of the Post Office
3. RESOLUTION NO. 107-93 - Designating a stop intersection on Alturas Avenue
at the intersection with Del Rio Road
4. RESOLUTION NO. 108-93 - Designating a stop intersection on Andrita Avenue
at the intersection with San Marcos Road
5. RESOLUTION NO. 109-93 - Establishing a 25-MPH speed limit on Santa Ynez
Avenue
6. RESOLUTION NO. 110-93 - Accepting portions of Vista Road and San Marcos
Road into the City's maintained road system
7. ACCEPTANCE OF THE SANTA ROSA ROAD SEWER PROJECT (Notice of
Completion)
Councilman Luna pulled Item #13-2, staff requested continuance of Item #13-4 and the
Mayor mentioned that Item #13-6 would be voted upon separately due to potential
conflicts of interest.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Consent Calendar Items#13-1, 3, 5 and 7; motion carried
4:0 by roll call vote.
Re: Item #13-2 RESOLUTION NO. 106-93 - Designating a no parking zone on EI
Camino Real in front of the Post Office
Councilman Luna indicated that he was not in favor of red-curbing the entire strip as
proposed because the action would limit accessibility to existing newsstands. Henry
Engen provided background to the recommendation and noted that site distance is
CC 09/14/93
Page 3
obstructed by parked vehicles.
Mayor Nimmo suggested that the newsstands located on that portion of EI Camino
Real be moved just past the entrance to the Post Office.
Public Comments:
Doug Lewis, Tunitas Avenue resident, inquired about the existing bus stop and
whether or not it would be re-located. Councilman Bewley, as a member of the
Traffic Committee, reported that there were no recommendations for excluding the
bus stop.
Eric Greening, 7365 Valle Avenue, suggested that newsstands be moved to face the
lane where motorists pull in to drop off mail.
---End of Public Testimony---
By mutual consent of the City Council, this item was referred back to the
Traffic Committee for further investigation.
Re: Item #B-6 RESOLUTION NO. 110-93 - Accepting portions of Vista Road and
San Marcos Road into the City's maintained road system
Mayor Nimmo reported that Councilmembers Bewley and Luna had potential conflicts
of interest relating to this item and pointed out that if both officials were to step
down, the City Council would be left without a quorum. Based on the advice of the
City Attorney, the City Clerk flipped a coin and it was determined that Councilman
Luna would step down and Councilman Bewley would participate.
MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to
approve Resolution No. 110-93 motion carried 3:0.
Councilman Luna returned to the dias.
C. PUBLIC HEARINGS:
1. HIGHWAY 101/41 INTERCHANGE: PROJECT STUDY REPORT ON PROPOSED
IMPROVEMENTS - Presentation by Mike Kennedy, DKS & Associates (Request
to continue to 9/28/93)
This item was continued until September 28,° 1993. There were no comments from
the public.
CC 09/14/93
Page 4
2. TECHNICAL ASSISTANCE GRANT: ECONOMIC DEVELOPMENT - Second of
two required hearings
A. Resolution No. 111-93 - Approving an application for funding and the
execution of a grant agreement from the Planning/Technical Assistance
allocation of the State CDBG Program
Mark Joseph introduced the matter and provided a project summary. He explained
that if grant funds are approved, the City would send out requests for proposals
seeking qualified consultants to prepare an assessment of economic development
potentials and strategies.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 111-93; motion approved 4:0 by roll call vote.
D. REGULAR BUSINESS:
1. RESOLUTION NO. 112-93 -Authorizing the execution of a contract with Harold
D. Peterson to construct the 1993 Median Revisions Project (Bid No. 93-07)
Steve Sylvester provided the staff report and recommendations. He outlined the
median revisions delineated for Areas 1, 2 and 3 and responded to Council questions.
Discussion ensued regarding re-surfacing the street in the vicinity of the median.
Councilman Luna asserted that, for reasons of public safety, he would support only
the removal of Area #1 and no other revisions.
Public Comments:
Eric Greening agreed with Councilman Luna's stand and emphasized that the bid
amount represented approximately two-thirds of the City's total contingency fund.
Ed Biaggini, Patria Village, commented that it was physically impossible to make a u-
turn with a full-size truck at the entrance to this new 42-unit residential complex. He
argued that there was need for revisions to the median in Area No. 2.
Dan Phillips, 8800 EI Camino Real, spoke in support of the bid award and completion
of the median modifications as proposed.
Jack and Mary Jo Wallace, 10025 EI Camino Real, also spoke in favor of the median
revisions and insisted that there were still some safety issues relating to emergency
vehicle access to Rancho Del Bordo Mobilehome Park and California Manor senior
CC 09/14/93
Page 5
living complex.
Paul Fellman, 10025 EI Camino Real, reminded the City Council that they had made
a promise to fund the proposed modifications and urged the Council to approve the
bid award.
---End of Public.Testimony---
Mayor Nimmo remarked that he would stand by the commitment the City Council
made to the public on April 13, 1993 and vote for approval. Councilwoman Borgeson
concurred.
Councilman Bewley asked the City Engineer to clarify if the street overlay was part
of the present bid. Steve Sylvester noted that it was not and indicated out that the
matter would have to be looked at separately. He pointed out that if it was the
Council's desire to move ahead with the overlay, the asphalt grinding would not be
done for a savings of approximately $10,000.
MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to
approve Resolution No. 112-93 authorizing the execution of a
contract with Harold D. Peterson to construct the 1993 Median
Revisions Project.
Discussion on the motion: Councilman Luna stated that he had previously
voted against some of the proposed median modifications last April and noted
that his vote would reflect that he had not changed his mind on the matter.
Vote on the motion: Motion to adopt Resolution No. 112-93 passed 3:1
(Luna).
Staff was directed to obtain bids on street overlay in lieu of asphalt removal
and report back to the City Council additional costs.
2. COUNCIL VACANCY- SET DATE FOR INTERVIEWS
The City Council agreed to meet on Monday, September 20, 1993 at 5:00 p.m. for
interviewing applicants for the City Council seat left vacant following the resignation
of Councilman Kudlac. In addition, the Council agreed to use the ballot selection
process outlined in Resolution No. 35-81 .
CC 09/14/93
Page 6
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Attorney
Art Montandon mentioned that he may not be available to attend the City Council
candidate interviews and asked the Council if he should arrange to have an assistant
present. Council concurred that this would not be necessary,
In addition, the City Attorney added two matters to the Closed Session: a item
relating to pending litigation entitled, Dechance v. City and discussions relating to real
property (Masonic Temple).
2. City Treasurer
Micki Korba reported that the City had received 7.8% interest on funds in the Orange
County Investment Pool for the month of August.
3. City Manager
Andy Takata provided an overview of the agenda for the next regular meeting.
CLOSED SESSION:
At 8:02 p.m., the City Council adjourned to a Closed Session for purposes of
discussion regarding personnel matters, pursuant to Government Code Section 54957,
labor negotiations, pursuant to Government Code Section 54957.6(a), potential
litigation, pursuant to Government Code Section 54956.9(a), and pending litigation,
entitled Whitaker v. City of Atascadero and Dechance v. City of Atascadero pursuant
to Government Code Section 54956.9 and real property, pursuant to Government
Code Section 54956.8.
THE CITY COUNCIL ADJOURNED THE CLOSED SESSION TO A SPECIAL MEETING
TO BE HELD ON MONDAY, SEPTEMBER 20, 1993 IN THE CLUB ROOM, FOURTH
FLOOR ROTUNDA, CITY ADMINISTRATION BUILDING FOR PURPOSES OF
INTERVIEWING APPLICANTS FOR THE CITY COUNCIL VACANCY.
MINOTES RECO713 AND PREPARED BY:
WRAEOLE !IN,'
!,, y Clerk
CC 09/14/93
Page 7