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HomeMy WebLinkAboutMinutes 032288 ETI AGENDA ATASCADERO CITY COUNCIL MINUTES- MARCH 22, 1988 The regular meeting of the Atascadero City Council was called to order at 7:35 p .m. , followed by the Pledge of Allegiance. ROLL CALL Present: Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Absent : None Staff Present : Mike Shelton, City Mgr . ; John Bramble, Int . Admin. Svcs. Dir . ; Henry Engen, Commun. Dev. Dir . ; Paul Sensibaugh , Pub . Wks. Dir . ; Jeff Jorgensen, City Atty. ; Sgt . Bill Watton, APD; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENTS Mayor Norris announced that a closed session was held prior to the regular meeting for discussion concerning litigation and personnel matters and that there was no action taken. Mayor Norris issued the following : Proclamation - "Arbor Day" , March 26, 198e Plaque "Acknowledgement of Bravery" presented to Korin Johnston of' Atascadero relating to fire in her home on March 10, 1988 Tom Hatchell of Falcon Cable TV presented the Mayor with a check in the amount of $39,754.21 , Falcon ' s annual franchise fee; he noted this represents a 16.5% increase over last year . Ben Parker , Dept . of Forestry, presented Mayor Norris with the "Tree City U.S.A. " Award in recognition of Atascadero ' s partici- pation in a program sponsored by the Arbor Day Foundation and the Natl . Assn. of State Foresters. Mayor Norris asked that Coun- cilwoman Mackey be the recipient of this award due to her ongoing dedicated efforts for the cause of tree preservation in Atasca- dero . 1 COMMITTEE REPORTS Solid Waste Mgmt. Committee Mayor Norris reported that the Board of Supvrs. has accepted the Solid & Hazardous Waste Com- mission ' s recommendation for forwarding to the State. She has requested that the Board of Supvrs. consider deleting (3) proposed hazardous waste sites which would affect SLO County because we do not generate enough waste to justify a disposal or waste treatment facility. Mr . Sensibaugh , Pub . Wks. Dir . , noted a meeting scheduled for 2:00 p .m. , Thurs. on Sierra Wy. in San Luis Obispo regarding hazardous waste; a member of City staff will attend , meeting is open to the public . Mayor Norris announced that Item C-2 has been pulled from the agenda pending signatures and return of the purchase agreement . COMMUNITY FORUM Joe Knyal , resident , requested verification of rumors regarding a City employee attending college courses during normal working hours, and he alleged misappropriation of public funds should Council handle this matter in-house. Mr . Jorgensen, City Atty. , responded that any matters alleged are a personnel matter and are, therefore, confidential under the City ' s Personnel Rules & Regulations, the Muni . Code and the State Govt . Code. John Falkenstien, 4600 Viscano Ave. , reminded all to consider the needs of the less fortunate citizens in our community, and he recommended that personal efforts be directed toward relieving their burdens, noting that most area churches generally support the Loaves and Fishes Program. Irene Bishop , 7151 Serena Rd . , asked that a building permit issue she has been unable to resolve with the Commun. Devel . Dept . be placed on the Council ' s next agenda. Council agreed to discuss at their 4/12/88 meeting . A CONSENT CALENDAR 1 . Approval of the March 8. 1988 Regular Council Minutes 2. Approval of Tentative Parcel Map 46-86 - 11755 Santa Ana Subdivision of two lots totaling 13.05 ac. into three lots of 4.420 4.42 and 4.21 ac. - Blue/Kamm & Dohan/Cuesta Eng. 3. Denial of Claim by Vernon Gray for Personal Damages - $550 4. Denial of Claim by Magdalene Nemeth for Personal Damages- Unspecified amount 2 5. Approval of Temporary Full-Time Contract Employee Agmt.- PP P Y Eric Porter - Commun. Devel . Dept. (General Plan Update Program) 6. Acceptance of Santa Ysabel Rd. Reconstruction Proj . - Cert. of Acceptance 7. Acceptance of February 1988 Treasurer 's Report 8. Acceptance of February, 1988 Finance Dept. Report There was no public comment . Motion: By Councilwoman Mackey to approve the Consent Cal- endar , seconded by Councilman Bourbeau; passed unanimously by roll-call . B. HEARINGS/APPEARANCES/REPORTS 1 . Proposed ZC 1-88 - Tree Ordinance —Initiated by the City of Atascadero (Cont'd from 11/10/87 Council Meeting) A. Public Hearing B. Ord. 168 - Amendment of the City Zoning Ord. text relative to tree protection (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report , including alternate language for subsection ( iv. ) , Performance Bonds, and responded to questions from Council . Councilwoman Mackey read a prepared statement noting the members of the Tree Committee, reviewing its history (from 1985) and noting changes to the proposed ordinance requested by the members. She expressed her hope for approval of Prop . Ord. 168 with the requested changes. Public Comment Lydia Kellerman, 5463 Honda, read an article published in Et Cetera about "rare oaks park preserve" , noting the extreme im- portance of preserving the (mostly 80-yeas-old ) oak trees in Atascadero and speaking in support of this ordinance. Dave Baker , representing Atascadero 2000 and the No . County Contractors' Assn. , spoke in support of this ordinance favoring a 6-month review. Steve LaSalle, 7505 Marchant , Tree Committee Member , noted the Committee ' s support for the proposed ordinance with changes as requested and spoke in support of Council retaining authority for review of the certified arborist. 3 Whitey Thorpe, resident , expressed concern regarding taxpayers ' rights and regarding possible "frivolous" spending relative to the proposed work of a certified arborist . Bruce Boyles, property owner in Atas. , feels this ordinance would violate his civil rights. David Keele, Cal Poly Professor , expressed he was requested to come respond to specific questions relative to the area oaks. He spoke of the biological needs of the trees. Linda Shoff, resident , read a letter from Alden Shiers, resident, expressing his support and concerns for a strengthened tree ordinance. Ted Young , 9010 San Diego Rd. , expressed that the language allowing for possible issuance of a stop work order is harsh and contradictory, when $1 ,500 performance bond is also a proposed requirement . Carol Todd , Creston resident , expressed support for this ordi- nance. Ursula Luna, 10600 San Marcos, clarified a concern expressed re- garding the City ' s expense in the case of a second opinion by an arborist , noting the City has incurred this in the past . She supports a strong tree ordinance. Dorothy McNeil , resident , asked if exemption discretion ( re: p .3 of Exh . A) is left to Commun. Devel . Dept . staff; Mr . Engen responded that precise plans are done at staff level , c .u.p . ' s at the Planning Commission. Elaine Oglesby, resident , expressed delight with Atascadero being a "Tree City U.S.A. " and supports protection of our trees. Jack Licari , resident , asked several questions relative to this ordinance ( i .e. , cost for an arborist ; is applicability retro- active; is it a growth deterrent ; can it be placed on the ballot ) and Mr . Engen responded . James Patterson, 9312 N. Santa Margarita Rd . , expressed support for this ordinance and concern over its enforcement . Sheila Wynn, resident near Santa Margarita, expressed support for adoption of this ordinance. Steve Davis, resident , asked a hypothetical question relating to application of the ordinance, to which Mr . Engen responded in reviewing tree removal criteria. 4 Mike Arrambide, 7243 Del Rio Rd . , expressed concern about imple- menting this ordinance due to lack of manpower , although he supports it . Vince Lavorgna, 9120 Santa Barbara Rd . (outside City limit ) , commented that this is a matter of integrity, noting the good faith efforts of individuals in efforts to comply with local-- often costly -- tree protection criteria and added that such experts can be wrong . Speaking a second time to express their additional concerns were Lydia Kellerman, Whitey Thorpe, Ursula Luna and Jack Licari. Discussion was closed to the floor and came back to Council . Motion: By Councilwoman Mackey to approve the Tree Ordinance, taking into consideration the amendments suggested by the Tree Committee, to review after six months, and to read Ord . 168 by title only. Motion seconded by Councilwoman Borgeson; passed unanimously. Mayor Norris read Ord. 168 by title. Mr . Engen inquired whether the motion intended to modify the language requiring City Council public hearings for heritage tree removal and was answered in the negative. Motion: By Councilwoman Mackey that this constitutes the first reading of Ord . 168, including amendments as noted , seconded by Councilwoman Borgeson; passed unanimously by roll-call . COUNCIL RECESSED FOR BREAK AT 9: 10 P.M. MEETING CALLED BACK TO I� ORDER AT 9:25 P.M. Relative to the previous item, Mr . Engen commented on proposed Res. 27-88, followed by Council discussion. Motion: By Councilwoman Mackey to approve Res. 27-88, sec- onded by Councilwoman Borgeson; passed unanimously by roll-call . Motion: By Councilwoman Borgeson to direct staff to bring back a recommendation for a standing tree commit- tee for Council consideration, seconded by Councilwoman Mackey; passed unanimously by roll- call . 5 -0 • 2. Presentation by B. I .A. - Planting of trees in downtown area Kirk Pearson of the B. I .A. reviewed the report included in agenda packet and he responded to questions from Council . Councilwoman Mackey expressed her desire to donate a tree she received as a retirement gift from the library intended for planting downtown. Public Comment Steve LaSalle, Tree Committee member , indicated the Committee has a tree to donate for planting . Joe Grisanti , downtown businessowner , expressed dissent with the BIA ' s priorities and urges downtown parking be addressed before tree planting. Mr . Sensibaugh , Pub . Wks. Dir . , commended the efforts and volun- teer time of Eric Hagen, local architect , on this project . Council conceptually approved the continuance of the tree- planting program; there was no formal action taken. 3. Proposed ZC 17-87 - Freeway signs - Initiated by the City of Atascadero A. Public Hearing B. Ordinance 167 - Amendment of Zoning Ord. text relative to freeway identification signs and pole mounted signs (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Kirk Pearson expressed concern on behalf of downtown businesses as to how this ordinance would affect their signage. Mr . Engen responded that it would apply only to new developments, not to pre-existing conforming or non-conforming signs. Ted Monmonier inquired as to how the ordinance applies to rooftop advertising in the form of, for example, antennas or satellite dishes. Mr . Engen responded that , in generals if the item in question is used as part of the business it ' s allowed ; if it ' s a sales display, it is not . Joe Grisanti expressed that too much restriction will drive people out of town and the City will lose tax revenues. 6 Robert Nimmo expressed his feeling that the 10,000+ sq . ft . required to qualify a business for a freeway sign is discrimi- natory; also , that if the business isn ' t related to freeway traffic (e.g . , lodging , service stn. , etc . ) he doesn ' t under- stand the need for a freeway sign. He feels paren. 3 of Exh . C should be struck from the proposed ordinance. Council discussion ensued relating to concerns expressed . Motion: By Councilwoman Borgeson to approve staff recom- mendation and Exh . C, amending the Zoning Ord . sign provisions, and to read Ord .. 167 by title only, seconded by Councilwoman Mackey; passed unanimously. Mayor Norris read Ord . 167 by title only. Motion: By Councilwoman Borgeson that this constitutes the first reading of Ord . 167, including staff-recom- mended Exh . C, seconded by Councilwoman Mackey; passed by 4: 1 roll-call , with Councilman Handshy opposed . MAYOR NORRIS LEFT AT THIS TIME (APPROX . 10:00 P.M. ) , ASKING MAYOR PRO TEM BORGESON TO CHAIR THE MEETING. 4. City of Atascadero 1987/88 Mid-Year Budget adjustments A. Public Hearing I B. Res. 25-88 Amending the 1987/88 Fiscal Year Gen. Fund and Capital Proi . Fund Budgets Mike Shelton, City Mgr . , gave staff report . There was no public comment. Motion: By Councilman Bourbeau to adopt Res. 25-88, sec- onded by Councilwoman Mackey; passed by 3: 1 roll- call , with Councilman Handshy opposed and Mayor Norris absent . C. UNFINISHED BUSINESS 1 . Presentation on bid results - Traffic Way surolus orooerty Mr . Best, Parks & Rec . Dir . , gave staff- report and discussion with Council followed . There was no public comment. Motion: By Councilman Handshy to concur with staff recom- mendation to re-bid the Traffic Way lot and not require minimum bids based on the appraisal value, providing Council may reject any bids deemed inap- 7 propriate, seconded by .Councilwoman Mackey; passed by 4 :0 roll-call , with Mayor Norris absent . 2. Police Facility Purchase Aamt. Acceptance by Council Mr . Jorgensen, City Atty. , announced that the signed agreements have not been received from the seller , and he recommended con- tinuance to 4/12/88. Motion: By Councilman Bourbeau to continue this item to Council ' s April 12, 1988 meeting , seconded by Councilwoman Mackey; passed unanimously. D. NEW BUSINESS 0 1 . Council review of Planning Commission vacancy Mr . Engen, Commun. Devel . Dir . , gave staff report and discussion with Council followed . Public Comment Mike Arrambide, on behalf of Atascadero 2000, conveyed concern regarding Ord . 101 language which requires resignation of Plan- ning Commissioners who file for elective public office, asking Council consideration of removal of said language and the rein- statement of Mildred Copelan to her seat on the Planning Com- mission. Sarah Gronstrand , resident , agreed with the comments of the pre- vious speaker regarding Mrs. Copelan ' s competence, however she supports Ord. 101 . Motion: By Councilman Bourbeau to direct staff to adver- tise the vacancy on the Planning Commission and invite applications for Council consideration and interview at an appropriate time, seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Mayor Norris absent . Mayor Pro Tem Borgeson requested that staff work closely with the Mayor in setting up interview times. II 2. Council consideration regarding appointment of an Int. City Manager -- — Mr . Shelton, City Mgr . , gave staff report There was no public comment . After discussion, Council consensus was to interview applicants as per alternative#2. 8 Motion: By Councilman Bourbeau to obtain a list of six candidates through the League of CA Cities Public Service Skills for City Council interim appoint- ment consideration, seconded by Councilwoman Mackey; passed by 4:4 roll-call , with Mayor Nor- ris absent . 3. Authorization for No. County Cycling Club to hold a "Cri- terium Bicycle Race" on May 22, _ 19eep and authorization for closure of appropriate streets Ed Goshorn, Race Director , spoke in support of this proposed event and responded to questions from Council . Mr . Jorgensen, City Atty. , confirmed with Mr . Goshorn that the City will be named as an additional insured on the liability insurance policy ($1 million, provided by the U.S. Cycling Federation) and re- quested that proof of coverage be submitted to the City approx . 3 weeks prior to the race. Mr . Sensibaugh , Pub . Wks. Dir . , noted that it is the obligation of CalTrans to close Hwy. 41 & W. Mall and the City would merely consent . As to El Camino Real, the City would authorize closure at Morro Rd . and at Traffic Way. Sgt . Watton, APD, noted that Lt . Hazelton has discussed the City ' s concerns with race organizers; also they ' ve agreed that officers needed will paid by the race committee. Public Comment Sarah Gronstrand spoke in support of this event . Motion: By Councilman Handshy to adopt staff recom mendation, excluding Note 1 of contingencies and requesting staff to return with cost estimates for further consideration by Council , seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Mayor Norris absent . COUNCILMAN HANDSITY LEFT THE MEETING AT THIS TIME ( 10:55 P.M. ) . Motion: By Councilman Bourbeau to recess as Council and convene as the ACSD Board of Directors, seconded by Councilwoman Mackey; passed unanimously. 9 I I I E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Award of Sewer Master Plan Engineering Agmt. to CH2M Hill in an amount not to exceed $249900 (cont 'd from 3/8/88) Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report . There was no public comment . Motion: By Director Bourbeau to adopt staff recommendation and enter into the attached agreement with CH2M Hill for the amount stated, $24,900, seconded by Director Mackey; passed by 3:0 roll-call , with Director Handshy and Chmn. Norris absent . Motion: By Director Bourbeau to adjourn as ACSD Board and reconvene as City Council , seconded by Director Borgeson; passed unanimously. F INDIVIDUAL DETERMINATION City Council - Councilman Bourbeau noted the acoustical improve- ments in the Rotunda Rm. Councilwoman Mackey expressed her opposition to a proposal to rename Atascadero Beach to Morro Strand , and noted she hopes to attend a local meeting of the State Parks & Rec . Commission on April 8th for discussion of the issue. City Manager - Mr . Shelton commented on the recent closure of the Lake Pavilion Building and indicated the Pavilion Committee will be meeting to discuss an opportunity for the acquisition of a 6,000 sq . ft . metal facility for recreational purposes at Atas. Lake Park . MEETING ADJOURNED AT 11 :00 P.M. MINUTES RECORDED BY: '�w BOYD C. SHAR'ITZ, Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 10