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HomeMy WebLinkAboutMinutes 012489 ..:i....:.. ATASCADERO CITY COUNCIL MINUTES Tuesday, January 24, 1959 The regular meeting of the Atascadero City Council was called to order by Mayor Borgeson at 7:04 p .m. followed by the Pledge of Allegiance. ROLL CALL_ Present : Councilmen Lilley, Shiers, Dexter- and Councilwoman Markey and Mayor- Bordeson Staff Present Ray Windsor , City Manager ; Boyd Sharitz , City Clerk ; Bud McHale, Police Chief ; Henry Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Mark Joseph , Administrative Services Director ; Mike Hicks, Fire Chief and Jeff Jorgensen, City Attorney. Paul Sensibaugh , Public Works Director , introduced Gary Simms, Senior Civil Engineer a new employee in Public Works. Danny Hillstock another- new employee was unable to attend the meeting because of family emergency. COMMITTEE REPORTS: CITYlSCHOOL COMMITTEE: Ray Windsor , City Manager , stated that they are waiting for the school superintendent to call with a date for the next meeting . NORTH COAST TRANSIT: Councilman Dexter reported that a meeting had been held to look: over the findings of Pat Ferris who is a consultant regarding transportation in the North County. There is no definitive reporting on that issue at this time. In the discussion Atascadero came ` out on top as far as Dial A "Ride Lis concerned . We have the best Dial A Ride in the county. TRAFFIC COMMITTEE: Councilwoman Mackey said they had a ride around meeting last week and looked at places where people have requested stop signs and caution signs and will be voting on it tomorrow. -1- � SOLID HAZARDOUS WASTE MGT. COMMITTEE: Councilwoman Mackey stated two things, recycling and hazardous waste collection, are coming up shortly. They hope to have hazardous waste collection three or four times per year but it will cost some money so they are talking about adding to the ! garbage fees , so the City Manager will be setting an appointment with Wil Mar to discuss this. FINANCE COMMITTEE: Councilman Lilley reported that he and Councilman Shiers had met with the auditors along with the City Manager . A written summary will be prepared regarding this meeting . I S.L.O. AREA COORDINATING COUNCIL_: Mayor Borgeson said they met on January 11th . Basically they went over our regional transportation plan which she is circulating among the councilmembers. She is asking for council comments because of a scheduled meeting on 2/ 1 /89 to adopt this plan. Mayor findings and issues in this plan: 1 ) region is experiencing rapid growth and development and it exceeds the capabilities of local jurisdictions to identify and fund the necessary improvements in the transportation system by traditional means . 2) The other major finding was insufficient funding for state highway projects to meet projected needs and local jurisdictions will , by state policy, increasingly pay the cost of the highway improvement necessitated by a local growth . A verbal report was given on the requirements of AD2595 which is the clean air act which was passed into law in 1988. This bill authorizes an air- pollution control district to adopt and implement regulations to reduce emissions and encourage or require the use of ride sharing or similar measures and if the air pollution control district enters into an agreement with the area council , then it will require the area council to adopt a plan to reduce the quantity of emissions established by this board . Also she heard a report from Wells. Fargo Bank entitled the Southern California Economy. The report discussed and analyzed key economic" indicators of 10 Southern California counties which include San Luis Obispo County. In 1987 187,000 ' vehicles were registered in San Luis Obispo County and that represented a 4% increase since 1977. That increase in automobile use compares to a 3.7% increase in population during the same time. COMMUNITY FORM: None A. CONSENT CALENDAR: 1 . January 10, 1989 City Council Minutes 2. December 13, 19ee City Council Minutes P 3. Fir-ranee Department Report - December 1988 I -2- 4. City Treasurer ' s Report - December 1988 5. Council Confirmation of New Parks and Recreation Director , Andrew Takata 6. Acceptance of Final Tract Map e20325: 1 - Ardilla & Balboa Roads: Lots 14-17 & 33 of Block 24 (Dovica/Central Coast Engineering ) 7. Acceptance of Final Parcel Map 31-86 - 10955 San Marcos Rd . (Morris/Stewart) 8. Acceptance of Final Tract Map 15-88 8425 Amapoa Ave. (Carr/North Coast Engineering ) 9. Resolution No 5--89 - Fire Engine Replacement 10. New Property Insurance Programs 11 . Renewal of Blue Shield Medical , Dental and Life Insurance. MOTION: By Councilman Dexter , seconded by Councilman Shiers to approve Consent Calendar- Items Al-11 . Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . GENERAL PLAN AMENDMENT 113-89/ZONE CHANGE 1-89 - 5575 Capistrano/5505 E1 Camino Real/9801 West Front Road Staff report was given by Henry Engen, Community Development Director . At the County ' s request the Planning Commission deferred action on the proposed rezoning of the old County Hospital/City Capistrano site pending County Study. Public Comment - None A. Resolution No . 3-89 Approving amendments to the Land Use Map of the fund Use Element of the City' s General Plan (GP 1B-89: City of Atascadero ) MOTION: By Councilman Shiers , seconded by Councilwoman Mackey to adoption of Resolution No . 3-89 and and approving amendments to the land use map of the Land Use Element of the city ' s general plan. Passed unanimously by roll call vote. B. Ordinance No . 187 - Amending Maps 6 & 19 of the Official Zoning Maps by rezoning certain real properties from their current designations to "P" i (Public ) (?C 1-89: City of Atascadero ) -3 MOTION By Councilman Lilley, seconded by Councilman Dexter to waive the reading of Ordinance 187 in full and approve by title only. Passed unanimously. MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to approve Ordinance No . 187 on first reading . Passed unanimously by Roll Call Vote. 2. GENERAL PLAN CONFORMITY REPORT 3-88 - TRAFFIC WAY LOTS Henry Engen, Community Development Director , gave staff report . Public Comment - none MOTION: By Councilwoman Mackey, seconded by Councilman Dexter to concur with Planning Commission ' s recommendation that City 's proposed acquisition of real property in the downtown area for development and use as a parking lot is in conformance with the General Plan. Passed unanimously by roll call vote. 3. APPEAL. BY DON MESSER OF DENIAL OF GRADING PERMIT (5805 Capistrano - Hotel Park ) (Applicant requests continuance) Mayor Borgeson stated that the applicant has requested a' continuance for two weeks. Henry Engen said that the applicant is seeking an opinion -From a third arborist to evaluate the city ' s evaluation and to bring in some technical arguments or alternatives to the council . They were not able to get that in time for this meeting so they asked for a continuance. The next regular- meeting egularmeeting of the City Council is 2/14%89 City Attorney, Jeff Jorgensen, recommended that the letter from the appellate be included as part of the, record . MOTION: By Councilman Lilley , seconded by Councilwoman Mackey to continue this matter until February 14, 1989 and have the letter from the appellate included as part of tonight ' s record . Passed unanimously . C. UNFINISHED BUSINESS: 1 STORM DAMAGE CLEAN-UP -4 I I I I I City Manager , Ray Windsor , and Fire Chief, Mike Hicks gave the staff report. I After Council comment , Mayor Borgeson asked for Public Comment. Doug Lewis stated that with the greenness of the fallen material it is not much of a difficulty if the branches are cut under one inch so that they can be piled more compactly, it will burn almost smokeless now as long as it is not soaken wet . Bernice Hazebrook stated she has been working very hard on cleaning up her property but asked the Fire Chief if they don' t get it completely cleaned up by the time fire season arrives , is the City going to come in and clean it up and add it to her taxes, Fire Chief Hicks said that is very possible but that would be dealt with during the hearing process for the weed abate- ment program which is covered under a separate ordinance. City Attorney, Jeff Jorgensen, stated that this possibility has been discussed and we want to discourage people from assuming that this is a good alternative, it may occur under certain circumstances but you need to be aware of the fact the week abatement program is done by contract after bidding aird may very well be that the cost of removing downed wood under- these unique circumstances might be extremely expensive. So we want to discourage the public from relying on that weed abatement program as an easy or inexpensive way of getting rid of the down wood . Bruno Adamoli said he and Harry Larson have been cleaning up their fallen branches by trimming and burning what is left over . He suggested that people put up notices that they have limbs that they want to get rid of and a lot of people would be happy to come to get this fire wood . Jerry Clay agreed that some might have to be stacked and burned next year and that there were a lot of people who would like to cut wood and would possibly do the clean up . Fred Frank wanted to commend the Fire Department for aggressively dealing with this problem and cooperating with the other agencies who might lend assistance. There is a serious fire problem that is going to be generated as a result of the snow damage. He believes the hiring of a city forester who could assist in the supervision of this problem would be advisable. Council comments followed . -5- MOTION: Councilman Dexter , seconded b Councilwoman Macke a Y Y to accept the four recommendations contained in the Fire Chief ' s memo of January 17, 1989 together with the fifth recommendation added this evening . Passed unanimously.by roll call vote. 8. ORDINANCE NO. 183 - AMENDING ORDINANCE NO. 119 RELATING TO DEVELOPMENT IMPACT FEES Staff report was given by Paul Sensibaugh , Public Works Director . MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to adopt Ordinance No . 183. Passed unanimously by roll call vote. At approximately 8:00 p .m. Mayor Borgeson asked for- a 10 minute recess. Fleeting reconvened at approximately 8: 10 p .m. 3. ANTI-LOITERING ORDINANCE - PROPOSAL_ A. Ordinance No . 189 - Adding Chapter 6 to Title 5 of the minors during certain hours Bud McHale, Police Chief gave the staff report . After council comments , Mayor Borgeson asked for public comments. Betsy Outland, 3950 Monterey Rd .., of local Toughlove parent support group said her group wholeheartedly supports ordinance 10014. Larry Walsh , Coach at Atascadero High School , asked what has this city done for these young kids as far as providing activities? 75% of the activity for kids who have cars is done outside of this community. They spend their money in those communities also . Kids who can not drive, or can not afford to leave town are forced to stand down in front of one of our businesses to gather and talk . If the drug and alcohol laws are enforced by both the _police and courts the problem would be lessened . There is very little money spent on recreational activities and facilities for the youth . 11 p .m. on weekends is a: pretty tough hour for kids on the weekend . They are coming back from outside thecommunitybecause there is nothing for them to do in Atascadero. The number one problem in this community is the late night parties that the teenagers are going to and if the law is enforced and a kid loses his driver ' s license as a result of drinking the word will go through the school like a whirl wind . A lot of it will stop if the law is enforced. -6- Jerry Clay, 7285 Sycamore Rd . , said he thinks there should be some sort of recreation facility in Atascadero . He would like to young people look at authority as being someone that helps you and is worried about the, police involvement in this. He believes the recreational end should be explored a little more. He is glad to see that we are talking about people stuff now, a little bit more than trees . I Doug Lewis said he hoped the council shreds this ordinance. He asked how the youth felt about this ordinance, he would like to have input from them. Whenever the natural appearance or characteristics are the reason for the police to have a legal right to stop them, apprehend , question, interrogate it creates a barrier which is very hard to erase. There has to be a better way to do this. Maggie Rice, Manager of the Chamber- of Commerce said she agrees with Coach Welsh that we are lacking in Recreation here in Atascadero Speaking for the business community there is not one single business in this city that has not been vandalized at one time or another . Police need a method to legally question these kids and stop some of the vandalism that goes on that results in a great deal of property loss. Terry Graham, 6205 Conejo Rd . , said he agrees with parts of each argument . There is a Tack of recreational facilities for youth in this community, but on the other hand as far as the law enforcement point of view he believes this ordinance is appropriate in as much as it givesthe foundation for law enforcement people to act properly upon this situation. Mike Bently, said he is not in favor of this ordinance. There are enough laws on the books to cover any youth that are breaking the law. 11 p .m. is not a real reasonable hour . Rose Mary Omenski , 4145 Del Rio is questioning if there has been a pole of census taken on the youth that are loitering in our town, as to whether or not they have parents or guardians at- home who care. This ordinance is definitely discriminatory. The police manpower is lessened from going after the crimes that are much more serious to the youth of our community. The police department in this city has more than enough on their hands. -7- Patricia Frank said she believes this ordinance would not address the issue of crime. We already have laws to protect property. Joy Butterfield , 8870 Junipero , said it is pitiful that the youth are allowed to run skate boards into the side of buildings, ruining property. She believes this ordinance should be enforced . Vicky Morris stated that the Recreation Department offers a wealth of activities that would interest our teenagers . Unfortunately the teenagers are not interested in the type of activities that are being provided . The police department needs all the help they can get , so do the parents and the kids . She would like to see this ordinance passed . Doug Lewis questioned the constitutionality of such an ordinance. City Attorney, Jeff Jorgensen, stated that provided it is clear enough that police officers know what they enforcing , the courts have ruled frequently there is a sufficient interest to allow for curfew ordinances. This is not unique to the city of Atascadero and is common throughout the county and throughout the country and their constitutionality has been upheld . Larry Welsh said there are a lot of activities here in Atascadero, but unfortunately many of them involve drinking . John Kunz who lives on the south end of town by Santa Barbara Rd . and Halcon stated that many drunken brawls go on down in that area late at night . Bob Purse, 5505 Joplin, believes this ordinance could be a tool that could be used by officers as a reason to approach these young people if it is after hours without it being considered harassment . Paul Hyman, 1.0760 Colorado Rd . , said he believes the intent of the ordinance was preventative. The greatest risk to our youth is drinking and driving . Statistics show that there is a decrease indrinking and driving accidents in areas where there is a curfew law. At this time Mayor Borgeson closed for public comment . Council comments followed . MOTION: By Councilman Dexter , seconded by Councilman Shiers to read Ordinance No . 189 by title only. Passed unanimously. Mayor Borgeson read Ordinance No . 189 by title only. MOTION: By Councilman Dexter , seconded by Councilman Shiers to adopt Ordinance No . 189 on the first reading . Passed unanimously by roll call vote. I 4. REQUEST FOR PARTIAL ABANDONMENT SEWER EASEMENT (Century Plaza ) Staff report was given by Paul Sensibaugh , Public Works .Director . There was no public comment MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to adopt Resolution 2-89. Passed unanimously by roll call vote. D. NEW .BUSINESS 1 . ADOPTION OF CHANGES TO ORDINANCE NO. 135, THE CITY ' S "EMERGENCY ORGANIZATION ORDINANCE Staff report was given by City Manager , Ray Windsor . There was no public comment , A. Resolution No . 6-99 ' Signature Resolution ' , authorizing certain signatures on the various required applications and documents submitted to the Federal Emergency Management Agency (F.E.M.A) . MOTION: By Councilman Shiers, seconded by Councilwoman 1Mackay to adopt Resolution No . 6-89. Passed unanimously. B. Ordinance No . 190 - Amending Chapter 4 of Title 4 of the Atascadero Municipal Code relating to Emergency Organizations and Functions, MOTION: By Councilman Dexter , seconded by Councilman Shiers to read by title only. Passed unanimously. Mayor Borgeson readyOrdinance No . 190 by title only. MOTION: By Councilman Shiers, seconded by Councilman Lilley to adopt Ordinance No . _ 190 on the first reading . Passed unanimously by roll call vote. Police Chief McHale wants to commend Sgt . John Hutchins and Lt . Bill Watton for the ' extensive work they have done on this project . -9- 2. HF_ATING, VENTILATING AND AIR CONDITIONING - CITY HALL I Paul Sensibaugh , Public. Works Director , gave staff report . L I MOTION: By Councilman Shiers, seconded by Councilwoman Mackey that the project be awarded to R.P. Richards in the amount of $558,475 and that an additional $eO,000 be appropriated from the general fund balance to cover the bid amount and inspection and system balancing casts. Passed unanimously by roll call vote. E. INDIVIDUAL DETERMINATIONOAND OR ACTION: I. . CITY COUNCIL: Downtown Master Plan RFP & Steering Committee Henry Engen, Community Development Director gave staff report on the Master Plan RFP draft Letter that was included in the agenda packet . Mayor Borgeson named the following to the Steering Committee: Rex Hendrix: , Irwin !`fanning , Mitzi Sachrider , Bob Prophet , Theon Burt, Lon Allan, Sarah Gronstrand , Keith Br.ummel and Jaime Lopez-Balbontin, Councilwoman Mackey and Mayor Borgeson. City Manager Ray Windsor will draft a letter to each of these people regarding serving on this committee. 2 CITY MANAGER: Ray Windsor , asked if a mid-year budget review could be done on February 9th . MEETING ADJOURNED AT 9:50 P.M. TO A JOINT PLANNING COMMISSION/COUNCIL MEETING ON WEDNESDAY, JANUARY 25 AT 7:30 P.M. MINUTES RECORDED BY: BOYD C SH ITZ, ITY CLER J� _10- PREP ED BY : G A.. R, ME,, DEPUTY CIT4 CLERK I I I I I I