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HomeMy WebLinkAboutMinutes 111087 (APPROVED BY COUN - 11/24/87 AS PRESENTED) ATASCADERO CITY COUNCIL MINUTES NOVEMBER 10 , 1987 The regular meeting of the Atascadero City Council was called to order at 7 :45 p.m. by Mayor Norris, followed by the Pledge of Allegiance. The Council had a closed session begining at 6 :00 regarding police facility negotiations and personnel matters. No actions were taken by Council in closed session. The San Luis Obispo Chapter of the American Red Cross is publicly thanked for their check for $1,000 covering food cost reinbursement for Fire Fighters during the Los Altos fire. November is proclaimed "National Hospice Month" . COMMITTEE REPORTS The City/School Committee will be meeting November 20, 1987. The San Luis Obispo Area Coordinating Council November 4th meeting was cancelled. The Solid Waste Management Committee selected Steve Martin of Paso Robles as their new member. The Police Facility Committee is continuing negotiations on the purchase of the Beno' s site and alternate financing. The Atascadero Lake Properties Committee met today and are evaluating appraisal data. It is expected this item will be on the next Council agenda. The Pavilion Committee met last week regarding renovation of the building. Due to estimated high renovation costs, the Committee has recommended a community forum for public input on renovations or other alternatives. PUBLIC FORUM• Ed Peyton, Alcantara Street Resident, presents Council with 21 signatures from local residents requesting Council to reverse their October 27th action regarding the "Woodglen proposal" Zone Change 9-87 / Tentative Tract Map 10-87 at 6875 Tecorida. The residents in the area claimed preference to single family residences on small lots rather than an apartment complex in their neighborhood. 1 CONSENT CALENDAR Consent Calendar items are as follow: 14 Approval of City Council Minutes - October 27, 1987 2• Authorization to Solicit Bid Proposals - Development of a Concession Area at Paloma Creek Park 3. Resolution 114-87 - Designation of -11a Avenue at it' s Intersection with Santa Lucia 4. Resolution 115-87 - Designation of a Stop Intersection on Robles at it ' s Intersection with Sombrilla 5. Acceptance of Final Lot Line Adjustment 7-87 - 5703/5705 Del Rio Road - Cropper/Twin Cities Engineering 6. Acceptance of Final Lot Line Adjustment 11-87 - Road - Williams/Twin Cities Engineering 9598 Laurel 7• Acceptance of Final Lot Line Adjustment 9-87 - 5100 Fresno BaumCues / to Engineering. 8• Receival of ce of"Notice Non- Renewal"Renewal" o f Land Conservation Larsen ion Contract Councilmember Borgeson removes Item A-2 - Solicit Bid Proposals for Development of a Concession Area at Paloma Creek Park. MOTION: Council Member Borgeson moves approval of the Consent Calendar, with the exception of A-2; Council Member Mackey seconds; Motion carries unanimously 2 0 0 ITEM A-2 AUTHORIZATION TO SOLICIT BID PROPOSALS - DEVELOPMENT OF A CONCESSION AREA AT PALOMA CREEK PARK Council Member Borgeson requests additional time to review the Request for Proposal and specific types of concessions desired. MOTION: Council Member Bourbeau moves to continue this item to a future Council Meeting; Council Member Borgeson seconds; Motion carries B-1 PRELIMINARY REVIEW OF GENERAL PLAN AMENDMENTS APPLICATION SUBMITTED FOR FIRST CYCLE, 1988 C0111111unity Development Director Henry Engen states that there is one private entity application and a proosed City-initiated application. The private application, by Jerry Fredericks, is for study of an area on Viejo Camino and El Camino Real, adjacent to the Bourdeau apartment site. The site is 1-1/4 acres. The request would change the designation from suburban single family residential to commercial. It is noted that this item was presented last year in a group action and later withdrawn. The item is now being requested individually. Staff is proposing to change densities in the area of Sombrilla Avenue from High Density Single Family to Moderate Density Single Family Residential (1 Acre with sewer) . This area' s terrain is steep and presently allows applications for lot splits (which is not advisable) . Council Member Borgeson refers to a recent petition with 78 signatures, requesting the removal of 20,000 square foot lots in the Sombrilla area. No public comment is given to this item. Council Members Borgeson and Mackey comment to the appropriatness of the proposals stated. MOTION: Council Member Mackey moves authorization for General Plan Amendments 1-A-88 and 1-B-88 to be considered in the 1988 General Plan Amendment Cycle; Council Member Borgeson seconds; Motion carries unanimously B-2 RESOLUTION 113-87 - PROPOSED RATE INCREASE BY WILMAR DISPOSAL COMPANY Administrative Services Director Dave Jorgensen states that 3 Wilmar proposes a 27% rate increase for garbage collection. After staff' s comprehensive review of the company's level of service, justification for a rate increase, and review of the company' s tax returns and audits; it was felt that the proposed increase is justified. As the City entered into a five-year contract with Wilmar Disposal in January, 1986 , the franchise can not re-bid at this time. It is noted that Wilmar received a 18.4% rate increase in January, 1986, and a rate increase in 1983 also. Dave Jorgensen suggests Council consider , when the contract is renewed, annual cost-ofliving escalator , which would reduce high percentage increase requests. He also suggests implementation of "mandatory collection" within the City's established urban services line, as mandatory collection is not feasible throughout the city due to terrain. Betty Sanders, Wilmar Disposal representative, clarifies that residents can request a "l can" rate, but that is all Wilmar will pick up. She feels a mandatory collection would help control costs and reduce increases, as all households generate trash. She prefers a 1 can rate open option rather than limiting it to senior citizens only. It is noted that handicapped persons can request trash pick up on their property at the same rate as curb side pickup. Doyle Dunham, La Paz Lane, suggests Council enact a mandatory pick up area and reduce the increase proposed now. He questions the rate percentage difference for minimum pickup versus maximum, since Wilmar pays only a tonage fee at the dump. J. Wool, El Camino Real, states that a l can rate in 1983 was $5.50 and in 1986 is $13.00. He feels the additional request is not warranted. Norris Thompson, and Bill Mc Namara both comment to concerns regarding service. Mr. Mc Namara states that the inceases given should be kept in line with the economy, which this increase does not. Mike Jackson, Amargon resident, clarifies expenditures by Wilmar for trash pickup, including bookkeepping accounts, difficult terrain, wear and tear of equipment, distance between homes, etc. After discussion by Council of rates proposed, staff is advised to rework the rates to reflect a 1 can rate at $5.50, a 2 �can rate of $7.70 and a 3- can rate of $9.90 and revis the resolution accordinglc�. .,..J j` 4 0 0 MOTION: Councilmember Bourbeau moves to continue this item to the November 24th Council Meeting for revision of the rate increases; Council Member Borgeson seconds; Motion carries unanimously B-3 PRELIMINARY REVIEW OF THE TREE COMMITTEE REPORT TO THE CITY COUNCIL Community Development Director Henry Engen states that the Tree Ordinance Committee has drafted provisions on revising the City's existing tree ordinance. This item is being presented tonight not as a public hearing item but as a public forum to present the Committee ' s recommendations to strengthen the existing ordinance. This revision was feltneeded ue to previous removal and damage of trees over the last several years. It is clarified that pages 1-11 in the agenda packet are not the Committee' s proposal, but are given as reference and background material. Pages 12-18 are the proposed revisions. Henry reviews, in detail, the changes proposed by the Committee. Council Member Mackey states her displeasure and frustration with a recent newspaper article regarding this item and the excessive compilation of material presented. Steve La Salle, Tree Committee member , states that the committee studied over 13 viable tree ordinances, and produced a logical compilation from them. Dave Baker, North County Contractor ' s Association, questions the proposed revisions infringing on private property rights, and requests revisions to reduce economic impacts to the public. Robert Nimmo, Economic Development Committee and Chamber of Commerce representative, supports the protection of trees, but feels the present proposal is deficient. He suggests appointment of a new committee or amending the committee to provide an element that is enforceable. Mr. Nimmo questions the strong authority placed on the Arborist position, as proposed. George Luna San Marcos Road resident, reviews recent destruction of trees and land adjacent to his property due to unauthorized grading. He summarizes the existing situation in that the Community Development Department can not catch all offenders, ordinances and regulations are easily bypassed, penalties are not strong enough or not pursued, and revisions are needed to preserve the land and trees. 5 Elaine Oggsby, Tree Committee and Audobon Society represenative, states that due to many recent tree removals, without authorization, it has become apparent that a tree ordinance "with teeth" is needed. Sharon Morin, Realtors representative, feels that the ordinance, as presented, infringes on private property rights, and renders certain lots with large amounts of trees undevelopable. Mark Ballow, Del Rio Road Christmas Tree Farm owner, feels provisions regarding growing trees as crops, and the harvesting of such crops needs to be addressed. T.A. Collins, Homeowners Association representative, supports a stronger tree ordinance, as there is a need to protect the trees in this community. Norman Norton, North County Contractors Association representative, feels contractors should be more involved with the future revisons to the tree ordinance. The Council Meeting is closed to public comment. City Attorney Jeff Jorgensen states that the current penalty for tree removal is a misdemeanor, and State law provides that stronger penalties cannot be imposed. However , more aggressive enforcement of offenders could be pursued. There was discussion regarding removal of the tree ordinance from the Municipal Code Zoning Element, and allow it to be free standing by Council Member Borgeson and City Attorney Jorgensen. Council Member Bourbeau voiced his concerns with the idea, in that it should be reviewed by the Planning Commission. Henry Engen advised that, as a minimum, the zoning ordinance would have to be amended to reference the tree ordinance. Council Member Borgeson expresses her concerns regarding reducing the strong structure of the document. After review of suggestions given, Council agrees that the draft should be referred back to staff for further refinement and review by the City Attorney. Council Member Mackey hoped the document could be before the Planning Commisssion in three weeks. It is noted that Council Member Handshy excuses himself from the meeting at this time. C-1 COUNCIL APPOINTMENT OF A CITIZEN TRAFFIC COMMITTEE MEMBER Council reviews applications presented, agrees that interviews are in order, and directs the City Manager ' s Office to schedule the interviews. 6 C-2 REVISED AGREEMENT WITH VANDENBERGHE CONSTRUCTION COMPANY - ALLOWING TEMPORARY ACCESS ACROSS CITY PROPERTY AT PALOMA CREEK PARK (Cont'd from 10/27/87) Council states that this item is to be continued to a future date. C-3 FINDINGS FOR DENIAL - TENTATIVE PARCEL MAP 27-87 - 7565 SOMBRILLA AVENUE (LOT 3 OF BLOCK E) - SUBDIVISION OF 2 PARCELS AT 1.46 ACRES INTO 3 LOTS, RANGING FROM 20 ,000 TO 23,100 SQUARE FEET EACH - BRINK/CUESTA ENGINEERING (Cont'd from 10/27/87) community vevelopment Director Henry Engen states a is item was addressed at the October 27th Council Meeting where Council conceptually denied the proposal, but did not have formal findings for denial. The findings are being presented at this time. John Falkenstein, applicant representative, states the applicant, could not attend tonight' s meeting, and requests the item be continued to the next Council Meeting so he can attend. MOTION: Council Member Bourbeau moves continuance of this item to the November 24 Council Meeting; Council Member Mackey seconds; Motion carries C-4 RESOLUTION 106-87 - AMENDMENT OF RESOLUTIONS 21-85 AND 112-86 - CITY MANAGER TERMS AND CONDITIONS OF EMPLOYMENT AGREEMENT - 1987/88 (Cont'd from 10/13/87) MOTION: Council Member Bourbeau moves continuance of this item to the November 24 Council Meeting for additional time to resolve issues; Council Member Borgeson seconds; Motion carries unanimously (Council Member Handshy absent) Mayor Norris departs the meeting at this time. ITEM D-1 WEEKEND/EVENING DIAL-A-RIDE TRANSIT SERVICE STATUS REPORT (Cont'd from 10/27/87) Council agrees that this item be continued to November 24, 1987 . Council Meeting following the Transit Unmet Needs Hearing D-2 RESOLUTION 116-87 - AUTHORIZATION TO PURCHASE AUTOMATED DATA SYSTEM FOR THE POLICE DEPARTMENT 7 Police Chief Bud Mc Hale states that the system proposed at $21,995, is within the amount budgeted and allows for automated data gathering on criminal statistic reporting. MOTION: Council Member Bourbeau moves approval of Resolution 116-87 , purchase of software by Knoph Data Systems and IBM computer hardware by Coastal Computers for $21,632; Council Member Mackey seconds; motion carries 3-0 (Council Members Handshy and Norris absent) E-1 RESOLUTION 110-87 - APPROVAL OF SEWER SERVICE EXTENSION TO LOTS 10, 11, 12, 13, 14, 15, 24, PORTIONS OF LOTS 6 & 7 OF TRACTS b AND PARCELS 1 2, AND 3 OF PARCEL MAP AT B1-2B1 (EL BORDO AVENUE) (Cont'd from 10/13/87) Public Works Director Paul Sensibaugh shows the installation route proposed through the golf course (gravity draw system) , which he prefers over the El Bordo route (using lift station) . The County has agreed to an encrouchment through the golf course with the provision of the city providing threes "ys" for restrooms. No public comment is given on this item. MOTION: Director Bourbeau moves approval of Resolution 110-87 ; Director Mackey seconds; Motion carries 3-0 (Directors Handshy and Norris absent) E-2 ACCEPTANCE OF "NOTICE OF COMPLETION" - ASSESSMENT DISTRICT NUMBER 4 Public Works Director Paul Sensibaugh states that the project is considered complete at this time and recommends acceptance. The notice allows for a 30-day time period to address any concerns related to the project. Paul clarifies that the acceptance date triggers the two or three year hookup requirements and payment for annexation fees. MOTION: Director Bourbeau moves to Accept Assessment District #4 Notice of Completion; Director Mackey seconds; Motion carries 3-0 (Directors Handshy and Norris absent) 8 The Council Meeting is adjourned at 11:20 p.m. Submitte By: Idaf K n Vaugha Dep ty City Clerk 9