HomeMy WebLinkAboutMinutes 092893 Approved as Submitted
Meeting Date: 10/26/93
ATASCADERO CITY COUNCIL
SEPTEMBER 28, 1993
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, 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; Mike McCain, Fire Chief; Lt. Bill Watton,
Police Department and Steve Sylvester, City Engineer
COUNCIL COMMENTS:
Councilwoman Borgeson asked for status reports on the Millhollin Mine and the "Paths
to School" fund balance. Staff to follow up with written reports to the City Council
PROCLAMATION:
o "Multicultural Awareness Month", October 1993 - Mayor Nimmo read and
presented the proclamation to Nancy Fisk from the Atascadero State Hospital.
COMMUNITY FORUM:
Rush Kolemaine, Potrero Road resident, criticized the City Council for not reaching
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consensus regarding the appointment of an applicant to the vacancy on the City
Council. He stated there was still time to make an appointment and avoid a special
election.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. Solid/Hazardous Waste Task Force - Henry Engen reported that the task
force would continue reviewing the Draft Joint Powers Agreement for
the solid waste program at the next meeting to be held on October 7,
1993.
2. Traffic Committee - Councilman Bewley provided an overview of actions
recommended for Council action and reported that the meeting dates
were being changed from Wednesday to Monday.
3. Economic Round Table - Henry Engen reported on the meeting of
September 22nd and provided an outline of the status report received on
two Transportation Enhancement Act(TEA) Grant applications submitted
on behalf of the City of Atascadero. The next meeting, he announced,
would be October 20, 1993, at which time recommendations are
expected to be rendered regarding redevelopment.
B. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - AUGUST 10, 1993
2. RESOLUTION NO. 91-93 - Designating stop intersections on both sides of the
Santa Rosa Road overpass at Highway 101
3. RESOLUTION NO. 94-93 - Eliminating the bus stop at 5550 El Camino Real
(Cont'd from 8/10/93)
4. RESOLUTION NO. 108-93 - Designating a stop intersection on Andrita Avenue
at Sierra Vista Road (Cont'd from 9/14/93)
5. RESOLUTION NO. 119-93 - Authorizing the execution of an agreement regard-
ing the use of Mortgage Credit Certificates in the City of Atascadero and the
administration of the program by the Housing Authority of the City of San Luis
Obispo
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6. RESOLUTION NO. 118-93 - Authorizing the issuance of an encroachment
permit for the placement of dining tables within the public right-of-way of
Traffic Way and EI Camino Real (F. McLintocks)
7. RESOLUTION NO. 116-93 - Naming individuals authorized to execute, for and
in behalf of the City of Atascadero, applications and documents for purposes
of obtaining financial assistance for emergency services under the Federal Civil
Defense Act of 1950
8. RESOLUTION NO. 113-93 - Regarding participation in the S.L.O. County
Regional Hazardous Materials Response Team
9. FINAL PARCEL MAP 27-90, CORTEZ AVE. EXTENSION - Division of a 21 .66
acre parcel into four (4) parcels for single-family residential use and a
"remainder" parcel of approx. 17.3 acres to be offered for dedication to the
City for parkland/open space use (Noakes/Davis--RRM Design Group)
Councilwoman Borgeson pulled Items #13-7 and B-5 and asked that they be addressed
in that order. Citizen Eric Greening pulled Item #13-3.
MOTION: By Councilman Luna, seconded by Councilman Bewley to
approved the Consent Calendar Items #13-1, 2, 4, 6, 8 and 9;
motion carried 4:0 by roll call vote.
Re: Item #B-3 RESOLUTION NO. 94-93 - Eliminating the bus stop at 5550 EI
Camino Real (Cont'd from 8/10/93)
Eric Greening, 7365 Valle, asked where Amtrak Bus Company would be moving their
stop to. Mr. Engen reported that Greyhound Bus had already moved to Entrada
Avenue (Shoe Corral) and indicated that Amtrak was also looking at the same
location. He added that Caltrans, who administers the Amtrak Bus system has agreed
to the move, but will not do so until November 1 . Mr. Greening stated he would
prefer to see the bus stop remain on EI Camino Real until the move has been finalized.
(See next page for motion).
Re: Item #B-7 RESOLUTION NO. 116-93 - Naming individuals authorized to
execute, for and in behalf of the City of Atascadero, applications and
documents for purposes of obtaining financial assistance for emergency
services under the Federal Civil Defense Act of 1950
Councilwoman Borgeson suggested that the Fire Chief's name be added to the list of
individuals authorized to execute documents for emergency services. By general
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consensus, the City Council agreed to amend the resolution by adding Chief McCain
as Assistant Services Director. (See below for motion).
Re: Item #13-5 RESOLUTION NO. 119-93 - Authorizing the execution of an
agreement regarding the use of Mortgage Credit Certificates in the City of
Atascadero and the administration of the program by the Housing Authority of
the City of San Luis Obispo
Councilwoman Borgeson stated that she supports low-income housing but did not
believe the proposed action would assist the low-income.
Public Comments:
George Moylan, Executive Director of the San Luis Obispo Housing Authority,
explained that the program is not designated for those with low income but for first-
time buyers. He provided additional clarification of the intent and focus of the tax
credit program.
MOTION: By Councilman Bewley, seconded by Councilman Luna to adopt
Resolution No. 119-93; motion carried 4:0 by roll call vote.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 116-93; motion carried 4:0 by roll call vote.
MOTION: By Councilman Bewley, seconded by Councilman Luna to adopt
Resolution No. 94-93; motion carried 4:0 by roll call vote.
C. PUBLIC HEARINGS:
1. HIGHWAY 101/41 INTERCHANGE: PROJECT STUDY REPORT ON PROPOSED
IMPROVEMENTS - Presentation by Mike Kennedy, DKS & Associates (cont'd
from 9/14/93)
Henry Engen introduced Mike Kennedy, DKS & Associates, who presented an outline
of the Project Study Resort. He summarized three improvement alternatives and
associated costs as outlined in the staff report. In addition, Mr. Kennedy explained
funding alternatives and noted that the project could go to bid as early as 1996.
Council questions followed regarding costs and impacts to existing properties and
surrounding businesses. Councilman Luna shared concern regarding the possibility
that the Highway 41 realignment will be installed either without the improvements to
the interchange or with only the Minimum Project Alternative (MPA).
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Jill McPeek, COG, provided additional clarification of funding mechanisms. In
addition, she reported that the MPA does not modify the scope of the Highway 41
project and confirmed that no additional environmental impact report is needed.
Responding to inquiry from Councilman Bewley, Mike Kennedy explained that the
project could be staged over time and encouraged the pursuit of approval for the MPA
concurrently with beginning the process of applications for additional funding needed
to construct the Proposed Improvements.
Councilman Luna asked if the City could persuade Caltrans to include the Proposed
Improvements for the interchange as part of the Highway 41 realignment. Jill McPeek
indicated that the City could strive for such action, but emphasized that there is no
available funding to do the construction concurrently.
Public Comments:
Doug Lewis, Tunitas Avenue resident, displayed an overhead transparency projecting
an alternative design of the interchange and asked that it be considered.
Eric Greening shared concerns regarding the design and maintenance of the Proposed
Improvements.
Gilbert Russell, 6705 Santa Lucia, pointed out health and safety issues related to the
re-design of the intersection.
Leo Korba, 10905 Santa Ana, encouraged the integration of the interchange
improvements and the Highway 41 realignment projects.
---End of Public Testimony---
Councilman Luna indicated that he would like to see a letter sent informing the
Council of Governments that the MPA is not acceptable to the City of Atascadero and
request a higher priority ranking for the Proposed Improvements.
MOTION: By Councilman Luna, seconded by Councilman Bewley to accept
the Project Study Report and submit a request to the San Luis
Obispo Council of Governments to include this project in the State
Transportation Improvement Program (STP) with the additional
request that priority be given to the Proposed Improvements;
motion passed 4:0 by roll call vote.
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2. FISCAL ELEMENT
A. Resolution No. 115-93 - Amending the City's General Plan by the
adoption of a Fiscal Element (GPA 92-009; City of Atascadero)
Henry Engen provided an introduction. Councilwoman Borgeson indicated that she
would like to take each of the Element's programs and policies on an item-by-item
basis. Mayor Nimmo opened the floor to the public for commentary before Council
questions.
Public Comments:
Doug Lewis shared concerns relating to some of the policies proposed in Section D.
Revenue Enhancement.
Rush Kolemaine stated that he, too, had some concerns relating to the issues raised
by Mr. Lewis and indicated that he was troubled over the fact that the City was
pursuing a fiscal element before adoption of an economic element.
---End of Public Testimony---
Mayor Nimmo called a break at 8.22 p.m. At 8.42 p.m., the meeting reconvened.
By mutual consent of the Council,the matter was continued for further study in open-
workshop forum. The City Manager reported that staff would come back with a
proposed date at a future meeting.
3. DOWNTOWN MASTER PLAN
A. Resolution No. 114-93 - Amending the Downtown Element of the City's
General Plan (GPA 92-005; City of Atascadero)
Henry Engen provided the staff report and recommendation to amend Diagram 15 of
the Downtown Element of the General Plan by adding advisory setback language for
areas adjacent to the downtown.
Councilman Luna asserted that he would not support the recommendation because
he did not favor landscaping on one side of the street and not the other and zero
setbacks.
Councilwoman Borgeson declared that, as a member of the Downtown Master Plan
Committee, the issue of setbacks was previously discussed at length and with
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considerable public input. She referenced the proposed Highway 41 route extension
and explained that the Committee had intended that it be subject to twenty-foot
setbacks with landscaping. She stated that she, too, would not support the
discretionary language as proposed by the Planning Commission.
Councilman Bewley argued that the street frontages outside the downtown zone
should not automatically be subject to the same setbacks and landscaping
requirements. He indicated that he did not have a problem with the Planning
Commission recommendation.
Mayor Nimmo suggested that the diagram be left alone without the added footnote.
Councilwoman Borgeson concurred.
Henry Engen reported that the Planning Commission had suggested that the issue of
setbacks be addressed during the re-write of the Zoning Ordinance. Councilman
Bewley remarked that he would support putting the matter over until then.
Public Comments:
Jim Edwards, Planning Commissioner, provided background for the Commission's
recommendation. He explained that the footnote was added in an attempt to get the
City Council to decide where and when setbacks are to be required. He urged the
Council to ensure that both sides of the [Highway 41 realignment] corridor be treated
with the same setback.
---End of Public Testimony---
By general consensus,the City Council agreed to no change in the Downtown Master
Plan as proposed. Additionally, staff was directed to refer the matter to the Zoning
Ordinance re-write.
D. REGULAR BUSINESS:
1. CITY ENGINEERING SERVICES - Cost analysis of alternatives
Mark Joseph summarized staff's evaluation of consultant engineering services
presently being provided by North Coast Engineering and asked for direction. Steve
Sylvester advised the City Council that, in his opinion, the City ultimately will need to
have a full-time City Engineer with support staff.
Council comments followed expressing satisfaction with the services rendered by the
engineering firm and there was consensus to continue with the present contract.
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2. SOUTH EL CAMINO REAL OVERLAY (Continued from 9/14/93)
Steve Sylvester provided background and recommendation to reject all bids for the El
Camino Real Median Revisions project and direct staff to prepare formal bid
documents for a combined project including both median revisions and pavement
overlay.
Councilman Luna indicated support for the City Engineer's recommendation.
Councilwoman Borgeson shared concern for rejecting the bid previously accepted bu
the City Council when the contractor was not present. The mayor asked if the
contract had been signed. Steve Sylvester reported that it had not and advised that
the City can still withdraw.
Councilman Bewley spoke in favor of re-bidding the project.
MOTION: By Councilman Luna, seconded by Councilman Bewley to reject
all bids and direct staff to prepare formal bid documents for a
combined project of median revisions and pavement overlay;
motion carried 3:1 with Councilwoman Borgeson voting in
opposition.
3. DEVELOPMENT REVIEW STUDY GROUP - Consideration of proposed member-
ship
Henry Engen provided the staff report and recommendation. Council discussion
followed.
Councilwoman Borgeson noted that there was little background information and asked
what lead up to this recommendation. Mayor Nimmo remarked that he has received
calls from the public complaining about the development review process and observed
that there appears to be an operational problem. He concluded that city government
should adopt a "user-friendly" attitude and remarked that he was supportive of
creating an ad-hoc committee to study the process.
Councilman Luna suggested that a complete public evaluation of all city departments
who deal with the public should be conducted before forming a study group.
Councilman Bewley noted that there was always room for improvement and spoke
favorably about the recommendation. He commented that the committee should
consist of a cross-section of individuals who use the system.
Councilman Luna indicated that he would prefer to see a recruitment opened and the
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formal selection process used for making appointments. Councilwoman Borgeson
agreed and added that the City Council and public should have more input. She also
noted that she felt it prudent to examine the process and determine if there are
problems with it first.
Councilman Bewley stated that there is a need for review and reiterated that it is
imperative to include contractors and other individuals who actually use the system.
The City Manager explained that the concept of studying the development review
process had come about nearly one year ago and was not due to excessive
complaints. He emphasized the need to provide quality customer service and advised
that it may be wise to explore the system and see where improvements might be
needed.
Councilman Luna suggested that staff distribute evaluation forms to users during a
three to four month period. There was no consensus to appoint an ad-hoc
development review study group.
4. CITY COUNCIL VACANCY
Lengthy Council debate ensued regarding filling the City Council seat left vacant by
Marty Kudlac's resignation August 31, 1993, Mayor Nimmo indicated that he was
prepared to make another attempt at appointing one of the fourteen applicants
previously interviewed by the City Council on September 20th and thereby avoid a
special election.
Councilman Luna pointed out that the vacancy was an important issue and by going
to a special election, the people of Atascadero would be given the opportunity to
choose.
Councilwoman Borgeson stated she was not in favor of going through the selection
process again. Councilman Bewley urged compromise by members of the CO.
Mayor Nimmo repeated that he was willing to re-consider all the applicants.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 120-93 calling a special election.
Discussion on the motion: Additional Council debate followed.
Vote on the motion: Motion to call the special election passed 4:0
(Mayor Nimmo abstained).
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5. AUTHORIZATION TO ACQUIRE REMAINDER OF REAL PROPERTY INTERESTS
IN THE CITY PROPERTY SURROUNDING THE WASTEWATER TREATMENT
PLANT
Mayor Nimmo stepped down to a potential conflict of interest. The City Attorney
reported that the Atascadero Development Syndicate had made an offer to convey
interest in real property located at and around the City's wastewater treatment plant.
He explained that the City would not have to pay for the property interest but would
have to pay for the legal costs of the transfer. He indicated that the first step would
be to complete a title search and clear title to the property and if any problems arose,
the City would not pursue the matter any further. Brief questions followed.
Public Comments:
Doug Lewis mentioned that the City had sold one of the surrounding lots and asked
if this was a matter of great concern. The City Attorney assured Mr. Lewis that it
was not and reported that the procedure to clear title was routine and would be
accomplished by the attorneys for the Atascadero Development Syndicate.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
authorize the acquisition of the remainder of real property interest;
motion carried 3:0 by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Treasurer
Micki Korba reported on Tax and Revenue Anticipation Notes (TRANS) interest
earnings.
2. City Attorney
Art Montandon added a matter of potential litigation to the Closed Session.
CLOSED SESSION:
At 10:17 p.m., the City Council will adjourn to a Closed Session for purposes of
discussion regarding labor negotiations and potential litigation pursuantto Government
Code Sections 54957.6 and 54956.9(a).
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
OCTOBER 12, 1993 AT 7:00 P.M.
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MINUTES RECORDED AND PREPARED BY:
LEE RABOIN, Cit Clerk
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