HomeMy WebLinkAboutMinutes 102786 MWEAGEMA
ATE ETING I 114 S6 ITEM# 4 -1
(MINUTES APPROVED BY
COUNCIL, AS WRITTEN,
11/10/86)
ATASCADERO CITY COUNCIL
MINUTES
October 27, 1986
Atascadero Administration Building
The regular meeting of the Atascadero City Council was called to order
at 7:30 p.m. by Mayor Mackey, followed by the Pledge of Allegiance.
An invocation was given by Rev. Roland Dexter .
ROLL CALL
Present: Councilmembers Borgeson, Handshy, Molina, Norris and
Mayor Mackey
Absent: None
STAFF
Mike Shelton, City Manager; David Jorgensen, Administrative Services
Director; Lt. Chuck Hazelton, Police Department; Mike Hicks, Fire
Chief; Steve DeCamp, Senior Planner ; Paul Sensibaugh, Public Works
Director; Boyd Sharitz, City Clerk; Robert Jones, City Attorney; Cindy
Wilkins, Deputy City Clerk
COUNCIL/STAFF COMMENTS
Mayor Mackey read prepared comments urging both the public and fellow
Councilmembers to keep their remarks to the subject at hand, avoid
personalities and be brief, addressing only the Chair, especially in
view of the anticipated length of tonight' s meeting. She also ex-
pressed that her vote at last meeting was not a condemnation of any
person and that she believes we have an excellent staff and City Man-
ager, noting that any further discussion on this subject will wait
until the next regular meeting.
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Mayor Mackey announced Community Forum moved to end of meeting.
A. CONSENT CALENDAR
* Mayor Mackey announced the addition of Item A-14.
1. Approval of Minutes of Regular Council Meeting of October 13,
1986
2. Approval of Finance Director ' s Monthly Report - September , 1986
3. Approval of Treasurer ' s Monthly Report - September, 1986
4. Approval of Tentative Parcel Map 28-86 - 8500 Corriente Subdiv-
ision of 2 parcels at 10.0 Acres into 3 Parcels of 3. 20, 3.20 and
- _- -- 3.60 Acres Each -Dodson/Tvin-Ci-ties -Engineering- ---
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5. Approval of Tentative Tract Map 6-86 - 10705 E1 Camino Real
Creation of 140 Residential Condominium Units (88 Units Con-
structed & Occupied, 52 Units Not Constructed) Casa Camino
Property Owners/Bethel and Associates
6. Acceptance of Final Tract Map 3-86 - 5550 Traffic Way Mulholland/
Twin Cities Engineering
7. Acceptance of Final Tract Map 14-84 - 9805 El Camino Real Nelson/
Jensen-Lenger Surveys
8. Acceptance of Final Tract Map 2-86 - 9650 Las Lomas - Sherer/Lee/
Twin Cities Engineering
9. Acceptance of Final Tract Map 7-85 - 7700/7800 Balboa - Rich/Twin
Cities Engineering
10. Acceptance of Final Parcel Map 14-86 - 8205 Coromar Road Lopus/
Cuesta Engineering
11. Adoption of Proposed Resolution 119-86 - Supporting Proposition
57 - Retirement Benefits for Non-Judicial and Non-Legislative
Elected State Constitutional Officers
12. Adoption of Proposed Resolution 120-86 - Opposing Proposition
61 - Compensation of Public Officials, Employees and Individual
Public Contractors
13. Adoption of Proposed Resolution 121-86 - Opposing Proposition
62 - Taxation of Local Governments and Districts
*14. Proposed Resolution 122-86 - Authorizing Mayor to Enter into
an Agreement with Blue Shield Ins. Co. to Provide Medical,
Dental and Life Ins. Benefits & California Care HMO to Provide
Medical Benefits to City Employees
MOTION: By Councilman Handshy to approve Items Al-14, seconded by
Councilwoman Norris; passed unanimously by roll-call.
** C. UNFINISHED BUSINESS (** Agenda order changed)
1. Ordinance 139 - Amending the Plumbing Code to Allow Sewage
Disposal Systems on Slopes of 30% or More (SECOND READING)
(Cont'd from 10/13/86)
MOTION: By Councilman Handshy to read Ord. 139 by title only, second-
ed by Councilman Molina; passed unanimously. Mayor Mackey
read Ord. 139 by title.
MOTION: By Councilman Molina that this constitutes the second reading
and adoption of Ord. 139, seconded by Councilman Handshy;
passed by 4:1 roll-call, with Mayor Mackey opposed.
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Mayor Mackey announced that Councilmembers are wearing red ribbons in
observance of Drug and Alcohol Abuse Prevention in Community Schools,
for which a proclamation was issued at the Council Meeting of
10/13/86.
Two new City employees were introduced: Lt. Hazelton introduced Ann
Banks, new Support Services Aide, Police Department; Paul Sensibaugh
introduced Edward Limon, Maintenance Worker I, Streets Department.
COUNCIL RECESSED (APPROX. 10 MINUTES) UNTIL 8:00 P.M. , WHEN ADVERTISED
PROTEST HEARING FOR SEWER IMPROVEMENT DISTRICT NO. 4 WAS SCHEDULED TO
COMMENCE.
Mayor Mackey called meeting back to order at 8:00 p.m.
B. HEARINGS, APPEARANCES AND REPORTS
1. Sewer Assessment District Number 4 - Separado/Cayucos Sewer
Project:
A. Property Owner Protest Hearing
B. Proposed Resolution 116-86 - Confirming Assessment and
Ordering Proposed Improvements, Providing for Notice of
Recording of Assessment and Designating the City Treasurer to
Collect and Receive Money
C. Proposed Resolution 117-86 - Awarding Contract for the
Construction of Public Improvements for the Separado/Cayucos
Assessment District
Mayor Mackey announced availability of "Withdrawal of Protest" forms
from City Clerk, present.
Mayor Mackey declared the public hearing open.
Paul Sensibaugh, Public Works Director , gave brief staff report.
Present with staff were: John Wallace & Gary Simms of Wallace & As-
sociates, Engineers of Work; Carlo Fowler, Senior Partner of Orrick,
Herrington & Sutcliffe, Bond Counsel; and, Richard Clark & Cathy
Williams of Security Pacific Capital Markets Group, Bond Underwriters.
Protest Hearing proceeded in accordance with procedure (provided by
Orrick, Herrington & Sutcliffe) listed in agenda packet, pp. 35-37,
attached as Exhibit A.
Public Comment
Note: Staff responded to comments of individuals speaking following
their comments, summarized below.
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David Hunt, 4586 San Jacinto (APN 28-152-55) , made inquiries regarding
the costs involved: Mr. Wallace clarified that the approx. $3, 700
cost for the Separado area, shown earlier , is the bonded cost; Mr .
Sensibaugh responded that the City' s contribution figure was reduced
from that indicated at the 9/8/86 meeting due to the City' s portion of
the benefit derived from the favorable bid received from Beaver Con-
struction, and he reviewed the factors affecting the formula by which
the final figures were determined. Mr. Hunt summarized some of the
various viewpoints of the property owners affected, noting two factors
uniting them all -- the price of the sewer to each owner is viewed as
excessive, and the City' s financial involvement (reduced from that
proposed at the 9/8/86 meeting) is not viewed as aid to those who will
be impacted by the assessment; the second factor has been the inherent
unfairness of the situation in view of the fact that many owners were
unaware of the forthcoming assessment, where the City was aware for
the past five years that improvements would ultimately be necessary.
He petitioned Council, in the interest of fairness, to address the
issue of notice to other owners in potentially similar situations
(noting that the Cease & Desist Order applies to other areas of Atas-
cadero where owners may still be unaware) and to adhere to the
contribution figures proposed on 9/8/86 .
Douglas Nix, 4533 Yerba, seconded all of the previous speaker ' s com-
ments, reviewed the history of this issue and expressed dissension
with the five years of "non-action by this body" . He urged that the
City eliminate the $850 annexation fee and, to make up for the lack of
notification, pay one to two thousand dollars of each parcel assess-
ment.
Steve Rizzuto, 4532 Mananita, expressed concern about emergency acces-
ses and parking during construction of the improvements. He also
urged greater financial participation by the City.
MOTION: By Councilman Molina to extend the meeting past 11:00 p.m. ,
seconded by Councilman Handshy; passed unanimously.
Gary Ferris, 4593 San Jacinto, asked Council to consider an option
that homeowners might exchange labor and/or skills for credit toward
their assessments.
Gary Robertshaw, 4955 Arizona, who owns two lots there and will be
doubly assessed, spoke in opposition to the cost.
Ken Millett, 4815 Arizona, spoke in opposition to the improvements as
well as the cost, urging Council to support the homeowners monetarily
as much as possible.
Jim Christian, 4125 Arizona, spoke in opposition to being included in
the assessment district due to the unique situation of having double
frontage on his property.
Gary Bateman, 4525 San Jacinto, spoke in opposition to the hook-up
fee.
Mayor---Mackey- --
ayor- y closed -�bu Iic comment portion o£ wearing.
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Mayor Mackey asked if anyone wanted to withdraw their protest; there
were none.
John Wallace announced that the protests received total between 53 and
54% (45.08 acres in total area) . (Note: Submitted protests are on
file in the City Clerk' s Office. )
COUNCIL RECESSED AT APPROX. 11:45 P.M. TO ALLOW ENGINEER OF WORK TO
DEVELOP RECOMMENDATION TO COUNCIL.
Mayor Mackey called the meeting back to order at 12:02 a.m. , and the
proceedings continued in accordance with the schedule listed (see Exh.
A attached) .
MOTION: By Councilman Molina to override the majority protest, sec-
onded by Councilman Handshy; passed by 4:1 roll-call, with
Councilwoman Norris opposed.
Carlo Fowler of Orrick, Herrington&Sutcliffe, Bond Counsel, asked
that on Pg. 3 of Res. 116-86, the first complete paragraph be amended
to read: "Whereas, this Council found and determined that protests
against said proposed improvements were made by the owners of more
than one-half of the area of the land in said assessment district to
be assessed for said proposed improvements and determined by a 4/5
vote to overrule such protest" . Paul Sensibaugh, Pub. Works Director,
further noted that on Pg. 2 of the resolution the time of the public
hearing should be amended to reflect 8: 00 p.m. as its fixed time.
MOTION: By Councilman Molina to adopt Res. No. 116-86 and formulate
Improvement District No. 4, excluding the lot on Arizona
(4125/Christian - in accordance with amended staff recommen-
dation) , seconded by Councilman Handshy; passed by 4 :1 roll
call, with Councilwoman Norris opposed.
MOTION: By Councilman Handshy to adopt Res. 117-86 (awarding con-
struction contract to Beaver Construction Co. ) , seconded by
Councilman Molina; passed by 4:1 roll-call, with Councilwoman
Norris opposed.
Council concurred to make the $850 annexation fee payable within 3
years from the time of final notice of completion of the public im-
provements.
D. COMMUNITY FORUM
Joe Knyal, resident, expressed comments regarding alleged pictures in
Councilman Molina' s possession taken of Mr. Kynal without his permis-
sion, and he questioned their "spy-type" nature.
Doug Nix, 4533 Yerba, expressed his ashamedness of the Council' s deci-
sion regarding Improvement District No. 4.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION
City Manager - Mike Shelton announced that the construction bids for
the new library were opened today, they were significantly over the
construction estimate and budget, and the library committee will be
meeting to review alternatives.
MEETING ADJOURNED AT 1:05 A.M. TO A JOINT PLANNING COMMISSION/CITY
COUNCIL STUDY SESSION ON NOVEMBER 5, 1986, AT 7:00 P.M. IN THE FOURTH
FLOOR CLUB ROOM.
MINUTES RECORDED BY:
BOYD C. SHARITZ, Citey
erk
PREPARED BY:
CINDY WILKINS, Deputy City Clerk
Attachment: Exhibit A
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(EXHIBIO TO CITY COUNCIL MINUTES 9 10/27/86)
CITY OF ATASCADERO
IMPROVEMENT DISTRICT NO. 4
SEPARADO-CAYUCAS ASSESSMENT DISTRICT
PROCEEDINGS PURSUANT TO THE
MUNICIPAL IMPROVEMENT ACT OF 1913
PROCEDURE FOR PUBLIC HEARING
OCTOBER 27, 1986
On September 8, 1986, the City Council of the City
of Atascadero adopted Resolution 100-86, which, among other
things, set October 27, 1986 as the date for the public
hearing on the City of Atascadero Improvement District No. 4
(Separado-Cayucas Assessment District) .
Certain notices and publications were to have been
executed by the City Clerk in preparation for this public
hearing. The following certificates and affidavits are on
file with the City Clerk:
(a) Affidavit of filing boundary map with San Luis
Obispo County Recorder [A-1 ] .
(b) Affidavit of Compliance with the Requirements of
Law for Publishing, Posting and Mailing Notices of
Hearing Protests [A-2 ] .
(c) Affidavit of Posting Notice Inviting Sealed Bids
[A-3 ] .
(d) Affidavit of Posting Notice of Improvement [A-4] .
(e) Affidavit of Publication from The Atascadero News
re: publishing Notice of Improvement and-
Invitation to Bidders.
(1) Mayor announces: "The hour of 8:00 o' clock P.M. having
arrived, this is the time and place of the hearing of
protests, objections or appeals with respect to the
assessment and work under and pursuant to Resolution of
Intention No. 70-86, adopted on July 14, 1986, and to
the report of the Engineer of Work prepared and filed
with the City Clerk on July 14, 1986, and preliminarily
approved by Resolution No. 99-86 adopted on
September 8, 1986 and to the Municipal Improvement Act
of 1913 . "
"I now declare the public hearing open. "
(2) Mayor calls Engineer of Work, John Wallace, of John L.
Wallace & Associates, for background report on proposed
improvements in the assessment district, the nature and
extent of the proposed improvements, including areas to
be served, and the method of assessment, including the
method of determining benefit and allocating costs, and
for report on proposed method of financing pursuant to
the Improvement Bond Act of 1915. Engineer also
reports on status of construction bids. Engineer
states that in his opinion and based upon his
experience "The method of assessment has been applied
in a uniform manner to each and every parcel within the
assessment district, and the proposed assessments are
fair and equitable and are proportional to the benefits
estimated to be received by each parcel of land from
the proposed improvements. "
(3) Mayor calls bond counsel, Orrick, Herrington &
Sutcliffe, for report on legal aspects of the
assessment proceedings and issuance of bonds.
(4) Mayor calls underwriter of bonds, Security Pacific
Capital Markets, for report on financial aspects of the
assessment financing and issuance of bonds.
(5) Mayor directs City Clerk to read in full all written
protests_ filed with the City Clerk pursuant hereto.
(6) Mayor asks: "Does any person wish to speak in favor of
or against the project?
(7) Mayor specifies that persons responding must state
their names and addresses and assessment numbers.
[Hear all persons responding. ]
(8) Mayor asks Engineer of Work to respond to each written
and oral protest.
[Engineer of Work responds to City Council. )
(9) Mayor asks Engineer of Work what percentage of lands
within the assessment district is represented by
written protests.
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041003-0001-198-4600d
(10) Engineer of Work replies that less than per cent
of the land within the assessment district is
represented by written protests.
(11) Mayor calls a recess to allow Engineer of Work to
develop recommendation to be made to the City Council.
(12) Mayor reconvenes and calls for report.
(13) Engineer of Work reports on financial requirements of
project in light of bids and recommends approval of
same by the City Council.
(14) Mayor asks Councilmembers whether they are satisfied
with the evidence and testimony introduced at the
hearing.
[General discussion among Councilmembers follows.]
(15) Mayor entertains motion closing public hearing.
(16) City Council adopts order determining that a majority
protest is not present.
If the City Council wishes to proceed, the
following resolution is to be considered:
(1) Resolution Confirming Assessment and Ordering Proposed
Improvements to be Made, Providing for Notice of
Recording of Assessment and Designating the City
Treasurer to Collect and Receive Money [R-6] .
It is then in order to consider the award of the
construction contract.
(1) The City Clerk informs the City Council of the number
of construction bids received.
(2) The Director of Public Works reviews the bids, reports
on the lowest bid received and recommends approval of a
construction contractor.
(3 ) The City Council considers the Resolution Awarding
Construction Contract [R-7] .
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