Loading...
HomeMy WebLinkAboutMinutes 101293 Minutes Approved as Submitted Meeting Date: 11/09/93 ATASCADERO CITY COUNCIL OCTOBER 12, 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 and Bud McHale, Police Chief PROCLAMATIONS: o Mayor Nimmo read the proclamation for "White Cane Safety Day" - October 15, 1993. o The Mayor read the proclamation for "Red Ribbon Week" - October 23-31, 1993. COUNCIL COMMENTS: Councilman Luna commended the Fire Department for its' Fire Prevention/Fuel Management Program and extended appreciation to the Community Development Department for its' October 5, 1993 letter seeking citizen compliance regarding sedimentation and erosion control measures. CC 10/12/93 Page 1 Councilwoman Borgeson praised the D.A.R.E. Program and urged continued support during economically-stressing times. On another matter, Councilwoman Borgeson asked for guidelines relating to City Council discussions with individuals who have development projects pending. Art Montandon provided a brief overview of legal constraints and offered to resurrect a memorandum directed to the Planning Commission and the City Council addressing the subject that he had distributed approximately one year ago. COMMUNITY FORUM: Ray Jansen, 6655 County Club Drive, urged the City Council to direct the Community Services Department to establish a citizens task force to develop a plan for Atascadero that will stir the apathetic and redefine principles regarding religion, education, politics and economics. Leo Korba, 10905 Santa Ana Road, mentioned a letter to the editor in the Atascadero News written by George Highland concerning recent interviews for the City Council vacancy. He asked if there had been a violation of the Brown Act. Paul Fellman, Rancho Del Bordo, questioned the integrity of the City Council decision to cancel a contract with H.D. Peterson and re-bid median revisions. Micki Ready, Executive Director of the Atascadero Chamber of Commerce, extended appreciation to City employees and crew from the California Mens Colony for outdoor clean-up around the Chamber office and EI Camino Real. Rush Kolemaine, Potero Road resident, indicated support for Mr. Jansen's suggestion and stated he would look forward to the Council's response. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments (COG)/Regional Transit Authority (SLORTA) Mayor Nimmo provided a report of the last meeting held October 6, 1993 in San Luis Obispo. He highlighted discussions relating to staff reorganization of COG and reported that COG's review of the Draft Joint Powers Agreement (JPA) for the Integrated Solid Waste Management Agency would be delayed to allow the local jurisdictions an opportunity to informally study it. The mayor also presented an update on the City's two Transportation Enhancement Act (TEA) grant projects. CC 10/12/93 Page 2 2. City/School Committee - Andy Takata reported that staff was endeavoring to schedule a meeting for November. 3. Economic Round Table - Henry Engen announced that the Round Table would meet on October 20, 1993 at 7:30 a.m. 4. Colony Roads Committee - Councilman Luna reported that the Assistant City Attorney, Mary Redus Gayle, had prepared a written summary of the complex issue of City roads and noted that a copy was available for review at the City Clerk's Office. PRESENTATION: The City Clerk mentioned that Mr. Lara, on behalf of Roger Freberg, Chairman of the Red Ribbon Committee of San Luis Obispo County, was present to receive the Mayor's proclamation for "Red Ribbon Week". Mayor Nimmo presented the previously-read proclamation to Mr. Lara. After accepting the proclamation, Mr. Lara presented the City with a banner for display during the specified week and a number of red wristbands for City officials/employees to wear in recognition and support of the drug-free effort. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - AUGUST 24, 1993 2. CITY COUNCIL MINUTES - AUGUST 26, 1993 (Special & Continued Meeting) 3. FINANCE DIRECTOR'S REPORT - JULY, 1993 4. FINANCE DIRECTOR'S REPORT - AUGUST, 1993 5. RESOLUTION NO. 121-93 - Designating a stop intersection on Cortez Ave. at Maleza Ave. 6. RESOLUTION NO. 122-93 - Eliminating two crosswalks on Monterey Rd. at Monterey Rd. School 7. RESOLUTION NO. 123-93 - Designating a passenger loading zone at 10320 EI Camino Real 8. RESOLUTION NO. 124-93 - Naming that portion of State Highway 41 between Route 101 and Route 1 "The E.G. Lewis Highway" CC 10/12/93 Page 3 Councilman Luna pulled Item #13-1, City Council Minutes of 8/24/93, for amendment. MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt the Consent Calendar, Items #13-2 through 8; motion carried unanimously by roll call vote. Re: Item #13-1 CITY COUNCIL MINUTES - AUGUST 24, 1993 Councilman Luna asked to amend page 5 of the Minutes to more accurately reflect his comments made during the public hearing regarding the Highway 41 realignment on August 24, 1993 at the National Guard Armory. In addition, he requested that his notes and related documents previously submitted be included as part of the official record. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve the Minutes as amended; motion carried 4:0. C. PUBLIC HEARINGS: None D. REGULAR BUSINESS: 1. FISCAL ELEMENT WORKSHOP: SET A DATE FOR A STUDY SESSION ON RESOLUTION NO. 115-93 (Verbal - Recommend Tuesday, Nov. 30, 1993) (con t'd from 9/28/93) The City Council mutually agreed to meet in a study session on Tuesday, November 30, 1993 to review and consider the Fiscal Element. 2. CALTRANS REQUEST FOR A COMMUNITY ADVISORY COMMITTEE: HIGHWAY 41 REALIGNMENT PROJECT Henry Engen provided the staff report and recommendation that the City Councilmembers submit to the City Manager two names each for the Caltrans Advisory Committee. Public Comments: Eric Greening, 7365 Valle Avenue, asked if input would be received from those who rent (and are not the homeowner) in the proximity. In addition, he commented that he hoped that ground rules for solving disputes will be spelled out in advance. CC 10/12/93 Page 4 There was consensus to appoint Henry Engen as the City's contact person and it was agreed that names would be submitted to the City Manager not later than October 26 to meet the November 1 deadline. 3. STATUS REPORT ON THE CREEKWAY MAPPING PROGRAM Henry Engen provided a status report on the Creekway Mapping Committee, displayed the base maps and asked for further direction. He recommended that the City Council direct staff to bring back a resolution for public hearing to adopt the maps as the "Official Creekway Maps" for Atascadero Creek and Graves Creek. Council questions and comments followed. Councilman Luna asked what the total cost of the creekway mapping had been. Henry Engen reported that the City had expended $26,000 to date. Councilman Luna spoke in favor of accepting the creekway mapping program, including the definition of "riparian", and incorporating the maps into the waterway intrusion ordinance. He stated that he supports the comprehensive creek protection policy outlined in the General Plan but noted that, in light of the cost of the mapping, the completion of a creekway mapping program as outlined, including specific setbacks, (as referenced under Mitigation Monitoring, Page II-42, paragraph (r)(2)), may have to wait for more prosperous times. Councilman Luna concluded that he did think, however, it appropriate to include in the proposed resolution adopting the creekway maps General Plan language relating to site-specific evaluations pursuant to City standards (paragraph (r)(i)) to ensure protection of creekway riparian vegetation. Councilwoman Borgeson shared concern about the total cost of completing the mapping. Henry Engen provided the background of the mapping and the associated costs since the process began in 1990. Councilwoman Borgeson continued stating that she would like to see the creekway management plan be a positive one, rather than one that focusses on regulations. She noted that the plan should set goals set creek maintenance and protection, resource management, creek restoration, habitat & fish management and restoration. She indicated that she did not favor creek setbacks but was supportive of site-specific evaluations. Mayor Nimmo asked the Community Development Director if staff currently completes a site-specific evaluation. Mr. Engen responded affirmatively and noted that the City relies on standards set by CEQA, the Department of Fish & Game and the City's own General Plan. Councilman Bewley remarked that he had no problem with adopting the maps but was not in favor of rigid setbacks. CC 10/12/93 Page 5 Councilman Luna asserted that the principles of creekway protection set forth in the General Plan should be specified in the Zoning Ordinance as well. Mr. Engen indicated that this can be accomplished as part of the comprehensive re-write of the Zoning Ordinance. Councilman Luna reiterated that he would support a resolution adopting the maps and incorporating General Plan language as referenced. Public Comments: Doug Lewis, Tunitas Avenue resident, asked if the Salinas River was being included. Henry Engen reported that the Salinas River had not been mapped and no action was being proposed for that waterway. He pointed out that the Salinas River is subject to existing language in Ordinance No. 236. Mr. Lewis observed that "No Trespassing" signs once posted in the Salinas River bed had been stolen and remarked that he hoped they could be replaced to deter violators. He also stressed that creeks are visual areas and encouraged regulating the construction of structures in the creek. Tom Bench, 7503 Carmelita Avenue, asked staff for clarification of color coding on the maps. Henry Engen responded. Mr. Bench reported that part of his lot and that of an adjacent neighbor's property was identified to be within the riparian zone and asserted that the only vegetation there is weeds. He added that the Fire Department orders the abatement of those weeds every year and asked that something be done to address this dilemma. ---End of Public Testimony--- Councilwoman Borgeson pointed out that the City of Arcadia's creekway management plan specifies that 50% of the riparian habitat zone has to have endangered species and suggested that Atascadero's plan go one step further than simply identifying "greenery" in the creekway. She proclaimed that other components must be studied to more accurately define the local riparian habitat corridor. Henry Engen explained how the area was mapped based on the field work conducted and clarified that any existing structures would be excluded from setbacks that might be imposed. He also mentioned that staff would look into the situation identified by Mr. Bench. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to direct staff to bring back for public hearing a resolution to adopt Official Creekway Maps and including language incorporating paragraph (r)(i) from the General Plan as shown on page II-42 with the understanding that some consideration will be given to individual situations, as referred to by Mr. Bench; motion carried CC 10/12/93 Page 6 4:0 by roll call vote. 4. PROPOSAL TO PLACE A PARKS AND RECREATION COMMISSIONER ON THE CITY/SCHOOL COMMITTEE Andy Takata provided a brief staff report and presented the recommendations. By mutual consent, the City Council acknowledged the concept; directed staff to formally present the proposal to the Atascadero School District; and if accepted, to draft an amendment to Ordinance 101 for Council consideration. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Attorney Art Montandon added a Closed Session regarding matters relating to labor negotiations and pending litigation entitled, Dechance v. City. 2. City Treasurer Micki Korba announced that she would be happy to verify, by appointment, her statement previously made at the City Council meeting of August 24, 1993 regarding the City's current financial situation. In addition, she reported that accounting streamlining had been accomplished thanks to the efforts of an account clerk in the Finance Department. 3. City Manager Andy Takata provided an overview of the next meeting agenda. He also announced that Mark Joseph, Administrative Services Director, was resigning and taking a position with the City of American Canyon. AT 8:16 P.M., THE MEETING WAS ADJOURNED TO CLOSED SESSION FOR PURPOSES OF DISCUSSIONS REGARDING LABOR NEGOTIATIONS AND PENDING LITIGATION. SAID CLOSED SESSION HELD PURSUANT TO GOVERNMENT CODE SECTIONS 54957.6 AND 54956.9(a). THE NEXT MEETING OF THE ATASCADERO - CITY COUNCIL WILL BE TUESDAY, OCTOBER 26, 1993 AT 7:00 P.M. tS7R2ND PREP BY: LE ASOIN, tib/Clerk CC 10/12/93 Page 7