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HomeMy WebLinkAboutMinutes 021489 tEETi �- ATASCADERO CITY COUNCIL MINUTES Tuesday, February 14, 1999 The regular meeting of the Atascadero City Council was called to order by Mayor Borgeson at 7:00 p.m. followed by the Pledge of Allegiance. ROLL CALLa Lilley Presents Councilmembers Mackey, Shiers, Dexter, 44ae4ee-f and Mayor Borgeson Staff Presents Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Directorl Mark Joseph, Administrative Services Director; Jeff Jorgensen, City Attorney; Andy Takata, Parks and Recreation Director; Boyd Sharita, City Clerk; Bud McHale, Police Chief and Mike Hicks, Fire Chief. Mayor Borgeson presented Mike Lara with a plaque for his past service as a Parks and Recreation Commissioner. Mayor Borgeson introduced Andy Takata the new Parks and Recreation Director. COMMITTEE REPORTSs CITY/SCHOOL COMMITTEE_ Councilman Lilley said that minutes have been provided to the Council regarding a meeting that had been held. He reported that discussion had been undertaken as far as joint cooperation for additional recreational facilities that he felt were productive and holds potential for the City as well as the school district. NORTH COAST TRANSITS Councilman Dexter said that no meeting of North Coast has been held but he was involved in the Central CoastRapid ,Transit dealing with the problem of transportation for students at Cuesta. Earlier service for students is needed. Also positive and negative incentives were discussed to get more ridership. A meeting Is scheduled for Wednesday, February 15 in San Luis Obispo and will be working on additional areas of transportation.' SAN LUIS OBISPO AREA COORDINATING COUNCILS Mayor Borgeson reported that reports are now given to the Councilmembers. She attended the February meeting and they adopted the 1988 update of the regional transportation plan that had been discussed at council 's last meeting. Specifically 1 I discussed was the route 101 corridor study identifying jdeficiencies on Highway 101 and many of the interchanges. It also identified significant funding shortfalls in implementing our plan and also a performance audit contract was awarded. She believes the notice that is sent out regarding the meetings is very important. TRAFFIC COMMITTEE: Councilwoman Mackey reported that there are a couple of items on the agenda tonight. One of them is the four way stop at Atascadero Avenue and Santa Ynez. The other one is no parking beyond the High School on San Marcos. SOLID/HAZARDOUS WASTE MANAGEMENT COMMITTEEe Councilwoman Mackey stated there are two separate commissions now. There are two meetings the first Thursday of the month. One ,at 9 a.m. and the other one at 1x30 p.m. In the hazardous, household waste proposal it is hoped that four times a year a special collection can be conducted for household hazardous waste. To do this it is going to take a lot of publicity and money. The collection will have to be hauled to Kettleman and it will cost about $260,000 to do the whole Job for a year. The question on how to fund it is going to have to be decided by this committee. They met with the garbage company last week and they will be coming back with some ideas and proposals. The Waste Management Commission met and it was brought out that Atascadero seems to be the only city that does not have mandatory collection. The County is getting into forcing mandatory collection on the urbanized and unincorporated areas. They hope to start with the Los Osos area making it mandatory. The Waste Commission hopes to increase the participation in recycling to 25% of the waste stream within two years. It Is now approximately 6%. ECONOMIC OPPORTUNITY COMMISSIONa Councilman Dexter stated that he had attended a three hour orientation session. There will be a meeting on Thursday evening and he ,will report more at the next council meeting. FINANCE COMMITTEE$ Councilman Shiers stated the meeting that was held was covered at the mid-year budget meeting. DOWNTOWN STEERING COMMITTEEa Councilwoman Mackey said a meeting was held last week. Everybody who is on the <Downtown Steering Committee attended along with several staff people. She believes it is going to be a very good committee and they will meet again on the 21st. COMMUNITY FORUMe John McNeil , 9765 Sierra Vista, stated that we have had many 2 I grading violations in the City of Atascadero over the past several years. He said he had listened to the Board of Supervisors of the County and they have had the same experience. One of the items on the consent agenda was taken off by Supervisor Blakely that pertained to grading violations. They discussed the problem and their recommendation was to their staff was their ordinance which apparently had not been enforceable should be looked at and revised and brought back to the Hoard of Supervisors for adoption, an ordinance that would make grading violations subject to be enforced and that the parties would correct their violations. He believes that we have had the same experience here and that council should direct staff to follow this. We could benefit by the County's experience. Mayor Borgeson asked Henry Engen to keep up with what the County Board of Supervisors is doing regarding this matter and give the council an update. Terril Graham, 6208 Conejo Rd. , spoke regarding the police facility and other financing that the city is about to undertake. He read a letter to the editor from the Atascadero News published in 1988. Everything in this letter has either come true or are going to come true in the immediate future. He encourages Council to not take any actions in financing the police facility which will further indebt every citizen of the community. A. CONSENT CALENDARa 1 . January 24, 1989 City Council Minutes 2. January 28, 1989 Joint City Council/Planning Commission Minutes 3. January 31, 1989 City Council Study Session Minutes 4. Award of Bid for Wastewater Treatment Plant Metal Building and Slab to NortonConstruction 5. Award of Bid for Dial-A-Ride Contract to Community Transit Services 6. RESOLUTION NO. 8-89 - Establishment of a 4-way Stop Intersection, Atascadero Ave. at Santa Ynez 7. RESOLUTION NO. 9-89 & 10-89 Designating No Parking Zones on Both Sides of Navarette, from San Andres to 200' Westerly 8. Request for Time Extension on Tentative Parcel Map 29-86 9990 El Camino Real 9. Acceptance of Final Parcel Map 34-87 - 8480 Santa Fe Road 10. Award of Contract for City Hall Heating, Ventilating b Air- Conditioning to R. P. Richards Construction Co. 3 11 . City Manager Absence from March 14, 1989 Council Meeting 12. RESOLUTION NO. 11-89 - Adopting Mid-Year Adjustments to Bud- get Appropriations ( 1988-89) 13. Adopt Five Year Capital Improvement Plan Dated February 9, 1989. MOTIONS By Councilman Dexter, seconded by Councilwoman Mackey to approve Consent Items A 1-13. -Passed unanimously by roll call vote. B. HEARINGS/APPEARANCESa 1. Atascadero Roads - Presentation by Michael Petersen, Counsel for Wells Fargo Jeff Jorgensen, City Attorney, introduced Michael Petersen, Counsel for Wells Fargo Bank. Mr. Petersen discussed the material that was included in the agenda packet. Council discussion followed. Bob Nimmo, 737$ Bella Vista Rd. , stated that any legislation introduced that would absolve, the city of liability, but not absolve adjacent property owners would probably never make it through the legislative process. Buz Hinkley, 8400 San Gregorio, asked Council if Wells Fargo Bank does not own the roads, but is only the trustee, then who owns the roads. City Attorney Jorgensen said this is a very complex problem. Wells Fargo has technical legal title to the roadways. Wells Fargo has no interest in asserting any ownership interest in them. Mr. Hinkley added that If there is going to be legislation that would reflect some minimizing or taking away the liability to the City or if a few roads are being considered, he thinks that the considerations should be taken into all of the goads in the City of Atascadero that are not now under City Jurisdiction as well as all the liability of all the adjoining property owners. Jeff Jorgensen said he thinks it is going to take a considerable amount of time and study to resolve. There is a great deal of information that the City needs in order to make an informed decision on this matter. The affect which a transfer might have on the City's insurance, we need a good understanding of what the road conditions are on these 4 roads, some approximation of what Wells Fargo intends to transfer to us. These are things we need to explore if the Council authorizes us to begin preliminary discussions. With respect to legislation he thinks it would be helpful to approach the state legislature if for no other reason they may come up with reasons why special legislation won't work or they may have other approaches to the problem that may be helpful . He encourages Council to at least begin discussions with our representatives. With that in mind, he recommends that the Council authorizes the staff and the Council road sub-committee to begin preliminary discussions with Wells Fargo. Mayor Borgeson said that will be the direction of the Council . The sub-committee will be Councilman Lilley and herself. APPEAL BY DON MESSER OF DENIAL OF GRADING PERMIT (5805 CAPISTRANO - HOTEL PARK) I Mayor Borgeson stated that she had just received a letter jfrom Glen Lewis stating "please be advised that Hotel Park does hereby with draw the appeal scheduled for February 14, 1989.11 MOTIONS By Councilman Lilley, seconded by Councilman j Dexter to accept Hotel Parks withdrawal of their appeal . Passed unanimously. Henry Engen, Community Development Director, stated that Council has a copy of the letter that had been submitted to Mr. Steven Sylvester following several meetings held with the appellant, his attorney .and engineer this afternoon. What has occurred is that there was an error on the City's arborist 's estimation on the value of the trees which received a lot of publicity. He has since indicated that it should have been $139,000. Subsequently the appellant had a tree consultant come up with a figure of $32,486 as his estimate of the value. The 8 trees which staff felt would be taken as part the grading permit. Based on that change in evaluation and consultation with their arborist as to whether or not they could protect those trees if they went back to the original conditions of, the precise plan, the applicant has withdrawn their appeal and proposed to proceed under the original conditions with measures to be taken to protect those 8 trees. Included in the appeal process questioned was condition number 17 of the original precise plan whichhas been identified in the staff report to council is a "catch 22" condition. It indicates that " the road abandonment (portion of Capistrano remaining after realignment) shall be recorded prior to issuance of permits for phase I . However, they need to gat an encroachment 5 permit and grading permits to transfer fill from the site to rebuild the road and move it toward Atascadero Creek in order to meet the conditions of precise plan. In the letter to them this afternoon we indicated that the affect of a withdrawal of an appeal would be to put them back to the point they were last December when Mr. Engen denied the grading permit. Regarding the question of condition No. 17 we felt that it was a reasonable approach to initially Just offer to dedicate which would be recorded and then go through the processes and then abandon the street relocated on the new alignment. We also note that given the language that is in the condition - in error or not - that we think that should take approval by council that this is a reasonable interpretation of that condition or referral to the Plan Commission to revise it. Council discussion followed. Mr. Steve Sylvester, North Coast Engineering, spoke on behalf of Hotel Park Assoc. The basis of the appeal was the information contained in the Jack Hrazeal report regarding evaluation of the trees which put the project in the position where it was not feasible to even consider bonding for $1 .3 million dollars worth of trees. The only option they saw at that point in time was to request additional tree removals because of the economics that were involved. Now that they are aware that there was a 1,000% error in the evaluation of the trees, that changes the whole attitude that they have toward the treatment of the trees at the site. They have worked to be reasonable with staff throughout the entire process of the approval of the precise plan for this project. In doing so they have had their arborist working with the City's arborist trying to come to some conclusions about modifications to the tree protection plan accompanied by the appropriate security to maintain those trees. They are no longer asking for removals of any additional tress. They feel they have a reasonable solution for the benefit of the property owner as well as the city sand the concerns that staff has raised. They will continue to work with them on that basis. Condition 17 was included in the appealbyconvenience so that it could be worked out at the same time that you discuss the situation with the grading plan. The resolution of condition 17 is very straight forward, in fact they have already come to an agreement as to what the intent of that condition was and they are in a position that they have a condition that they cannot comply with. They must reconstruct the road, they must move the road over before you can abandon it, and in order to do that they have to have permits to do so. The plans for those improvements have all been prepared and submitted through several plan checks. They are awaiting ground breaking as soon as resolution of the tree protection 6 Issue is resolved. Regarding treatment of the site grading, they have had lengthy discussions with staff regarding how they treat the site, as far as doing complete site grading, based on their discussions with staff they have submitted complete interim grading plans, temporary sedimentation and erosion control plans and a grading treatment on the areas outside of phase I construction would be compatible should anything happen to this project, should phases II through IV not be completed. They have been through a 2 1/2 month delay, a very costly delay of this project based on the information that was contained in the Brazeal report. They feel that it is the City's obligation to correct the problems with condition 17. It was a staff condition and they have an agreement with staff as to the resolution of that condition. They can hardly tolerate another cycle of planning commission review back to city council review for a condition that was written incorrectly in the first place and one of which we can all understand what the intention is. The project is going to pay for the relocation and reconstruction of Capistrano. The project is going to build the approach to Lewis Avenue Bridge and rebuild several portions of South Mall extension. They are trying to move ahead with the project and can not do that without the appropriate permits and the resolution of that condition. Council discussion followed. Joseph Grisanti, said he felt it was unconstitutional to put these values on the trees. This is throwing our money away and he feels that issues coming before Council should be looked at. The bonding of oak trees is ridiculous. I Consensus of the Council was to have staff bring back a report on Condition #17 at the next council meeting. MAYOR HORGESON ASKED FOR A 10 MINUTE RECESS AT 8a35. MEETING RECONVENED AT Sa45 P.M. I C. UNFINISHED BUSINESSa I ` 1. ANTI-LOITERING ORDINANCE - PROPOSAL A. Ordinance No. 189 - Adding Chapter 6 to Title 5 of the Atascadero Municipal Code relating to loitering by minors during certain hours Council comments followed. Doug Lewis spoke at the last meeting in opposition to the ordinance regretting that this type of measure was the first effort made to solve the problems. He had hoped to make a recommendation to the council regarding 7 a state-wide program that is being put into place. It is under the task force to establish self esteem and personal responsibility and social responsibility. He had made a number of calls since the last hearing but was unable to get enough of the local task force to function at this level because they are only making their first meeting tomorrow morning, _which is regrettable and the state level people are trying to let the county task forces function first so his efforts to have a recommendation for council as to an alternative cannot be done at this time. He regrets that Council is making this ordinance a law. Betsy Outland spoke in favor of this anti-loitering law jif the Police Department will enforce it as they are supposed to. Larry Walsh stated he believed 11isa reasonable hour on a week day, but 11 on the weekend may not be reasonable. He still thinks more money should be put into recreation as far as these young people are concerned. Jerry Clay said he is concerned about the weekend hour of 11 being too early. He asked Chief McHale if a teenager was going from one place to another would he be stopped. Chief McHale responded that police officers are not mind readers, they are first going to have to inquire of the young person as to what that person is doing. If it appears that it is a legitimate activity, then the person will be allowed to go on his/her way. If a young person is waiting for a ride from parents in front of the theatre there is nothing wrong with that. Discretion must be exercised by our police officers Just as it is in all criminal investigations or field interviews. Mr. Clay asked in regard to a moving vehicle are the police Just going to pull over a vehicle? How are you going to handle that? Chief McHale answered that would depend on the number of times the young, person was seen circulating. If an officer was in a particular location and observed the same driver make a few passes then there is a good opportunity depending upon priorities during the shift, that the person might be stopped and at least questioned. They might be asked "where are you going, where have you been, and how soon do you think you are going to get home"? MOTIONS Made by Councilman Lilley, seconded by Councilwoman 8 Mackey to adopt Ordinance No. 189 and review this ordinance in 6 months. Passed unanimously by roll call vote. 2. General Plan Amendment 18-89 Zone Change 1-89 - 5575 Capistrano/8508 El Camino Real/9801 West Front Road A. Ordinance No. 187 - Amending Maps 6 & 19 of the Official Zoning Maps by rezoning certain real properties from their current designations to "P" (Public) (ZC 1-89a City of Atascadero) Staff report was given by Henry Engen, Community Development Director. There was no public comment MOTIONm Made by Councilwoman Mackey, seconded by Councilman Shiers, for adoption of Ordinance No. 187. Passed unanimously by roll call voted. 3. Request for Partial Abandonment - Sewer Easement (Century Plaza Resolution No. 7-89 Staff report was given by Paul Sensibaugh, Public Works Director. There was no public comment. MOTIONa Made by Councilman Shiers, seconded by Councilman Dexter, to adopt Resolution 7-89. Passed unanimously by roll call vote. 4. Adoption of Changes to Ordinances *135, the City's "Emergency Organization Ordinance" A. Ordinance No. 190 Amending Chapter 4 of Title 4 of the Atascadero Municipal Code relating to Emergency Organizations and Functions. There were no public or council comments. MOTIONa Made by Councilwoman Mackey, seconded by Councilman Lilley to adopt Ordinance No. 190. Passed unanimously by roll call vote. D. NEW BUSINESS 1 . State Hospital Annexation Henry Engen, Community Development Director gave the staff report. 9 Consensus of the Council was to request staff analysis of pros and cons including the costs, policing, impacts, etc. E. INDIVIDUAL DETERMINATION/AND OR ACTIONi 1. City Council Councilwoman Mackey asked that when people write to the council , could they please include their addresses and/or phone numbers so Council may respond. Mayor Borgeson asked about the possibility of having sound absorbing material installed near the rear doors. MEETING WAS ADJOURNED AT 9x17 P.M. I I j MINUTES RECORDED BYa BOYD ff. SHARITZ, CITY CL EP BYs PR E r r; G RAM Z D UTY CI T LERK G I E , 10 L