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HomeMy WebLinkAboutMinutes 062387I FETING "ERD ATE -711Y),97 - (MINUTES APPROVED BY COUNCIL, AS WRITTEN, 7/14/87) ATASCADERO CITY COUNCIL MINUTES June 23, 1987 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 Bishop Dan Phillips, LDS Church. ROLL CALL Norris Present: Councilmembers Borgeson, Bourbeau, Handshy, Ne+een and Mayor Mackey Absent: None STAFF Mike Shelton, City Manager ; David Jorgensen, Administative Services Director; Henry Engen, Community Development Director; Paul Sensi- baugh, Public Works Director; Mike Hicks, Fire Chief; Lt. Chuck Hazelton, Police Department; Bob Best, Recreation Director; Jeffrey Jorgensen, City Attorney; Jerry Sibbach, City Treasurer ; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk COUNCIL COMMENT Councilwoman Borgeson expressed appreciation to department heads for their professional efforts on the proposed budget, asking that each of their personnel files reflect Council' s appreciation; she commended AFD Chief Hicks' s presentation of department goals and objectives as exemplary. Mayor Mackey noted receipt of a letter from Grover City regarding its upcoming 100th Anniversary celebration. ** Selection of Mayor ** Councilwoman Borgeson nominated Councilwoman Norris for Mayor for the coming year, seconded by Councilman Bourbeau; passed 4 :1, with Coun- cilman Handshy opposed. ** Mayor Pro Tem Consideration ** Councilman Bourbeau nominated Councilwoman Borgeson Mayor Pro Tem, seconded by Councilwoman Norris; passed unanimously. City Clerk Boyd Sharitz administered the standard loyalty oath to Councilmembers Borgeson and Norris. 1 COMMUNITY FORUM George Highland, 7275 Carmelita, made comments relative to those expressed at the Council' s 6/9 meeting in the matter of the City' s legal firm defending present/former Councilpersons Handshy, Molina and Nelson: (1) He asked the City Attorney to define "courtesy defense" ; (2) He advised the Council that he reported the fact that Council- man Handshy attended a closed session regarding litigation, in which he is named as a defendent, to the FPPC; after FPPC staff discussion, an attorney for them expressed their opinion that there is probable cause for conflict of interest action (referencing State Supreme Court, Thompson vs. Call, 1985) . Mr. Jorgensen, City Atty. , read a prepared statement in response. He indicated that the City's legal firm is tendering a "courtesy defense" in this matter -i.e. , defense pending a determination of whether or not the defendants have been sued in their official capacity with res- pect to any allegation in the complaint. He noted that Council and staff have carefully reviewed this matter and determined that the pro- per procedures were followed in referring this to the City' s insurance carrier and that it is proper for the carrier to offer a defense at this time -- in fact, refusal to offer a defense when the issues are unclear could subject the City and individual Councilmembers to lia- bility for breach of its good faith duties to defend. The Council was not informed that the matter had been referred to its insurance car- rier because a claim had not been filed (which would have, as a matter of procedure, been referred to Council for denial) ; appropriate steps will be taken to insure that such oversights in communication do not occur in the future. Mr. Jorgensen reiterated that, as this is a mat- ter of litigation, the Council meeting is not the appropriate forum to resolve questions being raised. Terrill Graham, 6205 Conejo, made comments relating to the previous speaker (reiterating his comments of the previous regular meeting) that it' s inappropriate for the City to be defending Mr. Handshy, Mr. Molina and Mr. Nelson. Joe Knyal, 8389 Alta Vista, questioned how this issue evolved into City litigation without Council knowledge, and why it was kept a sec- ret. Mr. Graham spoke again, expressing that he desires to sign any neces- sary papers releasing the City of any liability related to the above mentioned issue. Mr. Jorgensen, City Atty. , referred to his statement (summarized ab- ove) reiterating that the court is the proper forum to resolve this issue. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of June 9 , 1987 2. Approval of City Treasurer 's Report - May 1-31, 1987 2 • • 3. Approval of Finance Director ' s Report - May 1-31, 1987 4. Resolution 47-87 - Approval of California Men' s Colony Annual Agreement for Unskilled Labor Maintenance Work 5. Approval of Road Name Establishment - 8305 Coromar to Create a Public Road to Serve Tract 1430 called Pajaro Lane - Golden West Development Company 6. Approval of Tentative Parcel Map 18-87 - 8255 Graves Creek Road - Subdivision of 5.38 Acre Parcel into Two Lots of 2.69 Acres Ea. - Pollard/Cuesta Engineering 7. Resolution 50-87 - Declaring Intent to Vacate a Portion of Mar- chant Way Right-of-Way and to Schedule a Public Hearing on July 14, 1987 8. Deny Claim for Damages Totaling $300.00 by Pat Steele 9. Resolution 48-87 - Installation of Crosswalks on E1 Camino at San Anselmo (east) , on San Anselmo at El Camino Real and on Val- dez Avenue at El Camino Real 10. Approval of Tentative Parcel Map 2-87 9385 Vista Bonita - Nimmo/Yeomans A. Resubdivision of 8 Lots Totaling 6 .98 Acres into 9 Lots with 8 Lots Varying from 5,520-6,760 Sq. Ft. and One 4. 94 Acre Lot for Open Space B. Establish Trifon Garcia Road as a Private Road Name 11. Aproval of Tentative Parcel Map 9-87 - 9000 Atascadero Ave. - Subdivision of One Parcel of 1. 0 Acres into Two Lots of . 5 Acres Each - Kuhlman/Bray 12. Approval of Tentative Lot Line Adjustment 10-87 - 8435 Curbaril - Adjust Property Line between Two Parcels Shearer/Volbrecht Surveys 13. Approval of Tentative Lot Line Adjustment 11-87 - 9598 Laurel Adjust Property Line between Two Existing Lots - Williams/Twin Cities Engineering 14. Approval of Tentative Tract Map 36-86 - 5200 Llano Rd. - Sub- division of One Parcel of 17. 4 Acres into 6 Parcels of 2.9 Acres Each - Drake/Cuesta Engineering 15. Proclamation Acknowledging July as Parks & Recreation Month 16. Resolution 49-87 - Authorizing Annual Local Transportation and State Transit Assistance Funds Claim (FY 1987/88) (THIS ITEM ADD- ED.) 3 Councilwoman Borgeson and Dean Crawford (8575 Portola) requested Item #11 be pulled. (Moved to New Business for discussion) Commenting on Item #16 , Mayor Mackey noted that SLO-Atascadero Transit costs have recently gone down by several thousand dollars as more people are using that system. MOTION: By Councilwoman Mackey to approve Consent Calendar, minus #11, seconded by Councilman Bourbeau; passed unanimously by roll-call. B. HEARINGS/APPEARANCES/REPORTS 1. Solano Road Proposed Street Abandonment Public Hearing Mr. Engen, Commun. Devel. Director, gave staff report recommending denial; however, with conditions for approval as an alternative in the event of Council approval. He noted that Longs has submitted a Pre- cise Plan which is on hold by staff pending action on this abandonment request. Mr . Sensibaugh, Pub. Works Director, reported on the revised conditions for approval, noting staff' s recommendation is for denial. He noted that the conditions in staff' s report correspond to those in proposed Res. 51-87 and numbering should be corrected to 4. (1) , etc. (from 3. (1) , (4) , (5) & (10) ) . Also, the term "civil" engineer should replace "traffic" engineer in Cond. #4. (1) . Staff responded to ques- tions from Council. Public Comment Dave Lombard, 8885 Pino Solo, spoke in opposition to closure of Solano Rd. , expressing that it' s the only good road in and out for both resi- dents and emergency personnel. Scott Thayer, Arnold Pacific Properties, spoke in support of this pro- posal, noting the benefits to area residents and to the City, which are, primarily, increased sales tax revenue and public improvements (signalization, road punch-through and drainage facilities) . Terrill Graham interrupted and called for a point of order, noting the length of time Mr. Thayer was being allowed to speak saying this issue was not an agenda item. Mayor Norris called Mr . Graham out of order , pointing out that this item is on the agenda and that Mr. Thayer is making a presentation on behalf of the applicant. Mr. Thayer continued; he noted opposition to participation in two sig- nals (preferring 100% involvement in just one signal) as well as oppo- sition to punching through the roads at Palomar. Gary Veasy, Longs Drugs, indicated that Longs has been involved on this project for the past five years and in Atascadero, in general, for the past seven. He addressed staff' s revised conditions, noting those which Longs feels are either appropriate or inappropriate for the project. 4 • • Bill Heath, 6980 Valle Ave. , civil engineer, author of one of the two traffic reports relative to this project (prepared for the Poe pro- ject) and citizen member of the Traffic Advisory Committee, reported his observations. He noted the "remarkable" concurrence between Plan- ning and Public Works staff in opposing the proposed road abandonment, feeling it should send a message to the Council. Expressing he is not opposed to the Longs project, he is opposed to abandoning Solano, which is one of the few well-engineered streets in subject area. Richard Randise, 8850 E1 Centro, whose home shares a common boundary with the shopping center, spoke in opposition to the abandonment of Solano. He expressed the feeling that Arnold Pacific has shown an inability to properly maintain the property around the shopping cen- ter , noting failed attempts through repeated contacts with them. Robert Nimmo, 7375 Bella Vista, representing the Chamber of Commerce, noted the Chamber ' s concerns regarding sales tax revenues. He relayed that, in a special session on 6/11/87, the Chamber Board addressed that issue and voted in support of the proposed abandonment subject to mitigating conditions as might be recommended by staff to the extent that they are appropriately assessed to a single developer. Nina Marble, Pino Solo Ave. resident, spoke in opposition to the pro- posed road abandonment, quoting the basis for staff' s recommendation for denial as stated on pg. 2 of Mr . Engen' s memo, dated 6/23/87 (within the "Issue" paragraph). Mike Arrambide, 7243 Del Rio, noted si ht distance problems he encoun- ters at Solano and ECR. He feels controlled access onto ECR from the subject residential area would be a benefit to the residents and that the conditional improvements would benefit the entire community. Joe Shufar , 7450 Sonora, noted the vast improvements to the original Solano Rd. as a result of good development. He spoke in support of signalization on ECR, whether or not the abandonment is approved. Betty Woods, 8545 E1 Dorado, spoke in opposition to the proposed road abandonment, expressing concern over impacts to El Centro residents. She noted her neighbors, Mr'. & Mrs. Kennett, 8581 El Dorado, also share the same concerns. Steve Devencenzi, representing Harold Peterson, expressed concern over potential improvements cost-sharing to be incurred by smaller projects in the area relative to the proposed project. He noted that there are no mitigating conditions that pertain to La Linia (where the Peterson Welding shop is located) . He also opposes locating a signal at the entrance to the project, seeing it as disadvantageous to the resi- dents. Further, he noted that a segment between Pino Solo or La Linia and E1 Dorado appears to have not been addressed in the improvements. Hal Hayes, 2505 Alturas, cited (7) faults he found with the Higgins traffic report and spoke in opposition to the proposed abandonment. Sarah Gronstrand, resident, spoke on behalf of Celia Moss, represent- ing the Atas. Homeowners' Assn. She expressed opposition to the Cham- 5 • 9 ber Board' s support for the proposed abandonment, noting that the Assn. , on 5/23/87, voted its opposition to said proposal, and she sum- marized the basis for this opinion. John McNeil, 8765 Sierra Vista, feels sales tax revenues will only be shifted -- not added -- by this project, which he likened to adding another fast food establishment, and he spoke in opposition to it. Vince LaVorgna, 9170 Santa Barbara Rd. , addressed the pros and cons of this proposal, feeling the applicant can provide equal or better ac- cess for the abandonment of Solano. He urged the Council to consider that the benefits in the way of off-site improvements clearly out- weigh the access through Solano. Bill Poe, resident, addressed the residential access issues raised by this proposal and spoke in opposition to the road abandonment, feeling it makes no sense to abandon a perfectly good street. Jay DeCou, resident & co-owner of DeCou Lumber , spoke in opposition to this proposed road abandonment. He requested a commitment from Coun- cil, should the closure be granted and, at some later point in time, Council determines it was a mistake, that his property cannot be tak- en. He presented a copy of a SLO County Board meeting document, dated 9/6/22, wherein a Mr. Mitchell deeded all roads in Eaglet to the Coun- ty to the general public. Steve Davis, 7540 Santa Ysabel, spoke in support of the closure of Solano in order to keep revenues high and new business in. John Cole, 8710 Sierra Vista, sided with the concerns expressed by citizens tonight and expressed opposition to the proposed closure of Solano based on their concerns and safety issues raised. Kirk Pearson, 5405 Olmeda Ave. , noted that closure of Solano may nega- tively impact property values in subject area and future projects there. There was no further public comment; ,Council members expressed their individual feelings on this proposal and discussion with staff ensued. MOTION: By Councilwoman Borgeson to deny the request to abandon Sol- ano Rd. based on the Findings contained in Exh. C to staff report, dated 5/5/87 , that: (1) The proposed road abandonment is not in conformance with the General Plan goals of providing safe and ade- quate circulation. (2) The proposed road abandonment will increase traffic congestion and eliminate the best access road in this surrounding area. (3) The proposed road abandonment will eliminate a neces- sary access road for fire and police protection. f 6 r • Motion was seconded by Councilwoman Mackey; passed by 3: 2 roll-call, with Councilmembers Bourbeau and Handshy opposed. MAYOR NORRIS CALLED FOR A BREAK AT 10:15 P.M. AND THE MEETING BACK TO ORDER AT 10: 30 P.M. 2. Public Hearing on Proposed Revenue Sharing and City Budget for 1987/88 and Appropriation of Funds Thereof A. Resolution 54-87 - Adoption of City of Atascadero Fiscal Year 1987/88 Revenue Sharing Budget and Appropriation of Funds Thereof B. Resolution 55-87 - Adoption of City of Atacadero Fiscal Year 1987/88 Budget and Appropriation of Funds Thereof Mr. Jorgensen, Admin. Svcs. Director , gave staff report regarding the Revenue Sharing Budget. He recommended postponement of this item until after discussion of the entire CIP Program on 6/30/87. There was no public comment. MOTION: By Councilwoman Mackey to close the public hearing on revenue sharing and continue this matter to the special meeting on 6/30/87 , seconded by Councilman Bourbeau; passed unanimously. Mr. Jorgensen gave staff report regarding the General Fund Budget, reviewing each fund separately and responding to questions from Coun- cil. Public Comment re: General Fund Budget Sarah Gronstrand, addressed understaffing issues in the Police Dept. ; she cited percentage figures taken from Mr. Jorgensen, the Census Report and from the Economic Development Study, urging Council to par- ticipate in the budget process and rethink City priorities. She urged support for the APD. Bob Busick, Acting V.P. of Babe Ruth Baseball in Atas. , noted the inability to attend last Thursday' s special meeting; he requested a $5,000 appropriation for continued improvement of Alvord Field. Suzie Van Benthuysen, representing the N. County Women' s Resource Cen- ter ' s Women's Shelter Program, requested a $5,000 budget appropriation to help defray the cost of food and utilities. Also, she requested a $1,000 appropriation for the Women' Resource Center . Mike Lara, Parks & Rec. Commissioner , noted needs at Alvord Field and spoke in support of the $5,000 Babe Ruth request. Gere Sibbach, City Treasurer, made general comments on the budget, noting a recognizable need for creative long-range planning to improve the financial health of the community; he feels this should be exam- ined in the coming year as broadly as possible. 7 • 0 MOTION: By Councilwoman Mackey to continue meeting past 11:00 p.m. , seconded by Councilman Bourbeau; passed 4:1, with Councilman Handshy opposed. Public Comment re: Gas Tax Fund Budget Barbara Reiter, urged traffic signalization by City appropriations in lieu of being "bought" by incoming commercial industry. She also urged improved street lighting. Mr. Jorgensen, Admin. Svcs. Director , reviewed the remaining fund bud- gets (Local Transp. , and Zoo Enterprise funds) . There were no public comments. Council discussed the proposed budgets and additional funding requests expressed by representatives of outside organizations tonight. MOTION: By Councilman Bourbeau to adopt Res. 55-87 (Gen. Fund, LTF, Gas Tax Fund and Zoo Enterprise Fund Budgets) as recommended by staff including changes as discussed by Dave Jorgensen, adding $5,000 funding for the Women' s Resource Center, and that the $10 ,000 for the BIA Tree Planting Program be dis- cussed under the CIP Budget on the Council' s June 30th spec- ial agenda. Motion seconded by Councilwoman Mackey; passed unanimously by roll-call. Council noted the intent to discuss the $5,000 Babe Ruth funding request at the June 30th meeting. 3. Appeal by Thomas Bench of Planning Commission Denial of Tentative Parcel Map 35-86 - Subdivision of 3. 53 Acre Parcel into Three Lots of 1.0 , 1.13, and 1.3 Acres Each - 7503 Carmelita Mr. Engen, Commun. Devel. Director, gave staff report, summarizing the history of this issue and recommending denial. Public Comment Thomas Bench, appellant, spoke in support of this appeal on this basis of misinformation provided by various members of staff, which he re- viewed. Charles Gustafson, 7505 Cristobal, who owns Lot UB-3 in subject area, noted his desire to build on said lot and sought assurance that he will have access to the creek for drainage construction. Ellen Hines, 7555 Carmelita, spoke in opposition to this proposal, noting the unsuitable site conditions for building there. Bob Powers, 7505 Carmelita, spoke in opposition to this proposal feeling it is not in conformance with the Gen. Plan, staff & Planning 8 Commission recommendations nor the character of the existing neigh- borhood; he urged preservation of the existing wildlife environment there. Richard Russell, 3584 Maricopa, who owns an adjoining lot to subject property, echoed the objections to this proposal voiced by previous speakers and reiterated comments expressed at prior Planning Commis- sion and Council meetings regarding this issue. Johnny Jordan, 7905 Carmelita, noted his receipt of a public hearing notice on this issue and thanked the Council for enlightening him. George Highland, 7275 Carmelita, noted the flooding/erosion conditions he has observed in years past, expressing the feeling that the site is unsuitable for building and that he is opposed to this proposal. Mr. Bench spoke again, responding to Councilman Handshy' s questioning why he didn' t amend his proposal to a two-way split ( instead of a three way, which was previously denied) . He said that at no time did he meet with a committee but, instead, received unrealistic demands from staff. Further discussion between Mr . Bench and Council ensued. Mr. Jorgensen, City Atty. , noted the following: (1) The City has easements in the creek; there is nothing binding on the Council which requires the City to purchase anything from Mr. Bench. The City does not require the dedication of any easements since they already exist. (2) He referenced a recent Supreme Court decision (full text includ- ed in his City Attorney's Report submitted to Council tonight) , noting, from his review, it doesn' t hold that it takes away Council' s discretion in this matter. MOTION: By Councilman Bourbeau to uphold the Planning Commission' s recommendation for denial of the proposed tentative map for a three-way lot split, based on the findings in Exh. I of staff report dated 2/2/87; seconded by Councilwoman Mackey. Motion carried by 3: 2 roll-call, with Councilwoman Borgeson and May- or Norris opposed. COUNCILMAN HANDSITY REQUESTED AND WAS EXCUSED FROM THE MEETING AT 12:05 A.M. 4. Adjustment of Development Fees Per Increase in Consumer Price Indexs A. Public Hearing 9 • • B. Resolution 52-87 - Approving Adjustment to Development Fees Adopted in Ordinance 119 Mr. Jorgensen, Admin. Svcs. Director, gave staff report. There was no public comment. MOTION: By Councilwoman Borgeson to adopt Res. 52-87, seconded by Councilman Bourbeau; passed by 3:1 roll-call, with Councilman Handshy absent and Mayor Norris opposed. C. UNFINISHED BUSINESS 1. Authorization for Mayor to Enter into Contract Agreement with John Wallace and Associates - Engineering Services on San Andreas and Garcia Road Bridges - $65,900 (Cont'd from 5/26/87, when Council gave conceptual approval) Mr. Sensibaugh, Pub. Works Director, gave staff report. MOTION: By Councilman Bourbeau to adopt staff recommendations and award the contracts to John Wallace & Associates for the design of Garcia Rd. and San Andreas Bridges, seconded by Councilwoman Mackey; passed by 4:0 roll-call, with Councilman Handshy absent. D. NEW BUSINESS 1. (*MOVED FROM #11 ON CONSENT CALENDAR) Approval of Tentative Parcel Map 9-87 - 9000 Atascadero Ave. - Subdivision of One Parcel of 1.0 Acre into Two Lots of . 5 Acres Each - Kuhlman/Bray Jack Bray, 9480 Atascadero Ave. , Engineer of Record on this item, re- quested postponement to the Council' s next regular meeting on 7/14/87. MOTION: By Councilman Bourbeau to continue this item to 7/14/87, sec- onded by Councilwoman Mackey; passed unanimously. 2. Authorization for Mayor to Award Park and Recreation Grounds Maintenance Award - Moore' s Yard Maintenance - $27,600 Mr. Shelton, City Mgr. , noted staff report on this item included in agenda packet. MOTION: By Councilman Bourbeau to adopt staff recommendation and award the grounds maintenance contract to Moore' s Yard Main- tenance in the amount of $27 ,600 , directing staff to present alternatives at another paint in time; motion seconded by Councilwoman Mackey. Passed by 4:0 roll-call, with Council- man Handshy absent. 10 3. Proposed FY 1987/88 Employment Contracts - Community Development Department: A. Jon Ecklund, Enforcement B. John Shoals, General Plan Update C. John LeSage, Building Inspection D. Phil Wachtel, Building Inspection Mr. Engen, Commun. Devel. Director, gave staff report recommending approval. MOTION: By Councilman Bourbeau to authorize the City Manager to sign the proposed employment agreements for Jon Ecklund, John Shoals, John LeSage and Phil Wachtel, seconded by Council- woman Mackey; passed by 4:0 roll-call, with Councilman Hand- shy absent. 4. Resolution 56-87 - Approval of 1987/88 County of San Luis Obispo Animal Control Contract Lt. Hazelton, APD, gave staff report. MOTION: By Councilman Bourbeau to authorize the Mayor to enter into a 1987-88 contract agreement for $35, 000 with the SLO County Dept. of Animal Regulation and adopt Res. 56-87 ratifying the contract, seconded by Councilwoman Mackey; passed by 4:0 roll-call, with Councilman Handshy absent. MOTION: By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanitation District Board of Directors, sec- onded by Councilwoman Mackey; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. 1987/88 Sanitation District Budget: A. Public Hearing B. Resolution 53-87 - Approving 1987/88 Atascadero County Sani- tation District Budget and Appropriating Funds Thereof Mr. Jorgensen, Admin. Svcs. Director, gave staff report. There was no public comment. MOTION: By Director Bourbeau to adopt Res. 53-87, appropriating $1,783,280 to the ACSD, seconded by Director Mackey; passed by 4:0 roll-call, with Director Handshy absent. MOTION: By Director Bourbeau to adjourn as the ACSD Board and recon- vene as the City Council, seconded by Director Mackey; passed unanimously. 11 • 0 F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilman Bourbeau expressed both congratulations and condolences to Mayor Norris and Mayor Pro Tem Borgeson for their new roles on the Council. He also thanked former Mayor Mackey for her services in that position. City Manager - Mr. Shelton expressed appreciation to Councilwoman Mackey for the opportunity to work with her this past year and to Council for the work they put into reviewing the budget. MEETING ADJOURNED AT 12:26 A.M. TO A SPECIAL OPEN COUNCIL SESSION ON TUESDAY, JUNE 30, 1987 AT 8:30 A.M. IN THE CITY ADMINISTRATION BUILD- ING FOURTH FLOOR CLUB ROOM REGARDING: 1. PROPOSED ARCHITECTURAL DESIGN AND SITE ANALYSIS FOR PROPOSED POLICE FACILITY 2. AD HOC COMMITTEE REPORT REGARDING ACQUISITION OF ATASCADERO LAKE PARK PROPERTIES MINUTES RECORDED BY: J" ,f��_'c BOYD SH RITZ, Clerk Prepared -By: 44 -,l CINDY WILKINS, Deputy 12