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HomeMy WebLinkAboutAgenda 022889 _ Y A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA � L1 FOURTH FLOOR, ROTUNDA ROOM FEBRUARY 28, 1989 7 :00 P.M. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. A person may speak for five ( 5 ) minutes . No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Council discussion. Call to order Pledge of Allegiance Roll Call City Council Comment Introduction of new Public Works Department employees : Jon Everett, Custodian Danny Hillstock, Engineering Technician II - David Bragg, Engineering Aide Trainee COMMITTEE REPORTS: ( re The followingresents ad hoc or standing committees . Infor- mative mative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 Finance Committee 2 . North Coastal Transit (Police Fac. , Lake 3 . S.L.O. Area Coordinating Acquis . & Pavilion) Council 8 . Business Improvement 4 Traffic Committee Association 5 . Solid/Hazardous Waste Mgmt. 9 . Downtown Steering Committee Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment Period is provided to receive comments from the public on matters other than scheduled agenda items . To increase the effectiveness of Community Forum, the following rules will be enforced: A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council, as a whole, and not to any individual member thereof . No person shall be permitted to make slanderous, profane or personal remarks against any Council Member or staff. Any person desiring to submit written statements to the Council may do so by forwarding nine ( 9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. jA. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1 . FEBRUARY 14, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER' S REPORT - JANUARY 1989 3. CITY FINANCE DIRECTOR' S REPORT - JANUARY 1989 4 . APPROVAL OF PROPOSED DIAL-A-RIDE AGREEMENT WITH COMMUNITY TRANSIT SERVICES 5.`' APPROVAL OF PROPOSED SICK LEAVE BANK POLICY . r 6 . AUTHORIZATION FOR PURCHASE AND INSTALLATION OF HOME RUN FENCE ON PALOMA CREEK PARK YOUTH FIELD #3 7 . ANNUAL SPRING CITY-WIDE CLEAN-UP/BEAUTIFICATION DAY —April 22, 1989 8. REQUEST TO INITIATE CONSIDERATION OF FLOOD DAMAGE PREVENTION ORDINANCE 2 9 . RESOLUTION NO. 15-89 - AUTHORIZING GRANT FUND APPLICATION FOR THE URBAN STREAM GRANT PROGRAM (Atascadero Creek Devel- opment Project) B. HEARINGS/APPEARANCES: 1 . PRESENTATION OF FRANCHISE FEE BY FALCON CABLE CORPORATION (Verbal) 2 . LAKE PAVILION DISCUSSION: RESTORATION VS. REPLACEMENT 3 . GRANT REQUEST BY A.F.A.R. FOR SPAY/NEUTER PROGRAM 4. FY87-88 FINANCIAL AUDIT AND RELATED FINDINGS (Brad Hair) 5. REPORT ON HOTEL PARK PRECISE PLAN CONDITION (#(17 RE: ROAD ABANDONMENT) ( 5805 Capistrano - Hotel Park) (Continued from 2/14/89 ) 6. RESOLUTION NO. 13-89 - NOTICE OF INTENT TO CONSIDER VACATING A PORTION OF SAN ANDRES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVENUE BREAK C. NEW BUSINESS: 1. REPEAL DEVELOPMENT FEE RESOLUTIONS AND ORDINANCES: A. Resolution No. 16-89 - Repealing Resolution No. ' s 64- 85 , 10-86 , 11-86 and 44-88 B. Ordinance No 191 - Repealing Ordinance No. ' s 111, 118 and 119 ( 1ST READING: Recommend ( 1) motion to waive reading of ordinance in full and approve by title only Voice vote; ( 2 ) motion to approve Ord. No. 191 on first read- ing - Roll call) 2 . RESOLUTION NO. 14-89 AMENDING RESOLUTION NO. 33-88, EX- PANDING THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO 3 . REQUEST FOR COUNCIL REPRESENTATIVE AT CHAMBER BOARD MEETINGS 3 D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager I 4 1 . February 14, 1989 City Council Minutes 2. City Treasurer 's Report - January 1989 3. City Finance Director ' s Report - January 1989 4. Approval of Proposed Dial-A-Ride Agreement with Community Transit Services I 5. Approval of Proposed Sick Leave Bank Policy I 6. Authorization for Purchase and Installation of Home Run Fence on Paloma Creek Park Youth Field #3 7. Annual Spring City-Wide Clean ,Up/Beautification Day- April 22, 1989 8. Request to Initiate Consideration of Flood Damage Prevention Ordinance 9. Resolution No . 15-89 - Authorizing Grant Fund Application for the Urban Stream Grant Program (Atascadero Creek Development Project ) Councilman Lilley asked that the minutes from February 14 be changed to reflect his presence at that meeting . Mayor Borgeson stated that on Item 6 it is not authorizing the City to purchase or install the home run fence, but is going to be done by the Little League Organization. MOTION: Made by Councilwoman Mackey, seconded by Councilman Shiers to approve Consent Items A 1-9. Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . PRESENTATION OF FRANCHISE FEE BY FALCON CABLE CORPORATION Sylvia Vickers, representative from Falcon Cable presented the Franchise Fee to the City of Atascadero. The amount of the fee this year is $77, 143.07 which is a percentage of Falcon Cable 's gross receipts for 1988 and represents a 45% increase over last year ' s payment . 2. LAKE PAVILION DISCUSSION: RESTORATION VS. REPLACEMENT I - Staff ' report was given by Ray Windsor , City Manager . He introduced Rod Levin who explained the difference between the alternates for the Pavilion. The first one was to just restore the existing facility as it is, and the other two were to restore 2 with some addition, to enlarge the facility, the third was to actually remove the building and start from scratch, but with a facility about the same size. I k Council discussion followed Mr . Levin ' s presentation. I At this time Mayor Borgeson opened the discussion for public comments. Terry Graham, stated he believes that if we launch a project to restore the pavilion we can get a lot of people to help with this project . He hopes Council will take into consideration that increasing any kind of municipal debt isn' t within the interest of either ourselves, the state or nation. Let ' s get out and volunteer and keep the debt down and do our best to preserve the pavilion and make it a real service to the community. Use it for public recreation and city use. Doug Lewis asked about the life of a facility such as the pavilion. Mr . Levin responded that the present pavilion is approximately 50+ years old. If the building was brought into conformance with code, you are looking at another 50-70 years as long as it is maintained well . Anne Marie Kirkpatrick said normally she despises when government tears something down and puts something else in its place. But in the case of the pavilion there isn' t that much there to cry over . If they can keep the floor and use it in the future it would be wonderful . When you are saying $50,000 it doesn ' t sound like a lot of money in ' the ratio of the entire project , but $50,000 could go a long way toward the esthetics of the building. She does not believe the estimates for the kitchen is large enough to really provide for a kitchen that will be adequate for the size dinners that might be prepared in this facility. She believes we should go to the new building. Mike Arrambide said a lot of time has been put in pavilion project for the past 5 years. The Rotary Club took the pavilion on as a project and found that it was bigger than what they could handle, so a corporation was formed "Atascadero Improvement Corporation That corporation was formed solely for the purpose of facilitating the renovation of the existing facility. Quite a lot of volunteer effort was involved at that time. But they really had a hard time generating a ground swell of support for that building , it seemed not to have a tremendous historical value. The reason is that there is a lot of new people in this community who never really - saw the pavilion in its heyday. The community had hoped the pavilion I would be restored to something that would be of use to the community. $30,000 was raised over 5 years, but over $20,000 was spent in terms of hiring a consultant . A number of clubs gave substantially towards this project . The Rotary has $3,500 3 earmarked for this project . Can ' t say that it would be better to restore the existing building -- all he can say is from a community perspective we desperately need a pavilion. He would be happy to share his knowledge of the pavilion with anyone who is interested . Barbara Reiter asked the council if it would be more advantageous to the city as a whole to use the money that is earmarked for renovation or a new structure of over $500,000 or put that money into a community center somewhere else. If we were to build something today would it be built there, or would we build a community center in the downtown area which would bring people to the downtown center where we need pedestrian activity. We need to think of the lake in long range rehab for the lake itself. Right now the lake is a mess, but if you could visualize a nice clean bank of the lake around the entire perimeter with nice walkway, a par course for recreation along the way, plants could be planted in the spring and the banks could be in bloom. Right now the building obstructs the view of the lake. We need to consider a community center elsewhere and not at the lake. The idea of a building with a deck out over the water is intriguing . It would be great for a fine restaurant . Terry Graham asked what are we designating that pavilion for? Are we going to setup a bar and restaurant there? What are the needs of the City? The pavilion is a great location for public use and we should keep it in the public not promoting restaurant business. Keep it a recreational facility, supported by the City, for the City ' s use specifically. Maggie Rice, Chamber of Commerce, stated the community needs something for everyone and not just for children, but for all ages, senior citizens, the Camp Fire Rally, Republican Central Committee, etc . As far as a restaurant being there, that would not serve the purpose it was intended and would not serve the entire community. She has great sensitivity about saving old buildings, but not just for sentimental reasons. She thinks we need a new building that will serve the needs of the community. Ruth Phillips who has lived at the lake for 20 years stated that it would be terrible if the pavilion was not at the park. Don't take that away from the people of Atascadero . If you want to put a new building up that is fine, but no restaurant. _Eric Michielssen said he has gone through several remodeling projects in the last year . He ran into difficulties in regards to getting contractors to bid on them because they cannot see what is going to be there, therefore they need a high contingency base. It is very difficult to estimate. If you want to do the job right , you might have to demo it and start again. At this time Mayor Borgeson closed the discussion to the public 4 0 0 and brought it back to the City Council for further discussion. Mayor Borgeson said she is looking for what the community wants, and a consensus of the council that we are going to move ahead . If that takes going into a new building , that she will support that . Council will be giving the City Manager the suggestion to save the floor of the old pavilion. City Manager , Ray Windsor , said in light of the fact of this being a historic moment in the community, staff will need to put together RFP to hire someone to begin work on conceptual drawings provided by Mr. Levin. That facility may or may not end up in the same form that Mr . Levin has suggested . Mr . Levin may not be the architect selected by the city, because by law we must go out to seek proposals. A formal motion and vote by the council is needed so that the record is very clear as to council 's direction. MOTION: By Councilwoman Mackey, seconded by Councilman Dexter to have staff prepare and send out requests for proposal for architectural services on the pavilion building'. Passed unanimously by Roll Call Vote. At 8:30 Mayor Borgeson asked for a 10 minute recess. Meeting reconvened at 8:40 p .m. 3 GRANT REQUEST BY A.F.A.R FOR SPAY/NEUTER PROGRAM City Manager Ray Windsor stated that the tape from the meeting where the remainder of the budget money was released for this year , and the circumstances under which the council acted, and at that time Daphne Fahsing acknowledged that it might go over and that would be all the money that they would ask for and if necessary they would try to make up the difference from some fund raising activities. At this time he introduced Daphne Fahsing , representative from A.F.A.R. Mrs. Fahsing discussed the letter she had sent to Council requesting the additional $5,000 due to the tremendous response they have had to their program. Council discussion followed. Mayor Borgeson asked Mrs. Fahsing if she would be in accord with advancing $5,000 on next year 's allocation. Mrs. Fahsing that she couldn' t promise that next year's request wouldn' t be that much higher though. She doesn' t want topromise that they would come back next year with that much less on their request. It will depend a great extent on how the requests for their service come in from now on. I I_ 5 Steve LaSalle and Ursula Luna spoke in favor of granting the additional $5,000 for this worthwhile service. I Further council discussion followed with Councilman Lilley I expressing concern over establishing a precedent for a mid-year appropriation for even so worthy a cause. I MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to grant the $5,000 to A.F.A.R. as a one time supplement. Passed unanimously by roll call vote. 4. FY 87-88 Financial Audit and Related Findings (Brad Hair ) City Manager , Ray Windsor , introduced Brad Hair of Glenn, Burdette, Phillips & Booker, Certified Public Accountants. He discussed the report that was included in the agenda packet with the City Council . He introduced Mike Butcher who discussed the Sanitation District report . Councilmen Lilley and Shiers who served on the Finance Sub Committee gave their summation of the financial audit and related findings. Council discussion followed. MOTION: Made by Councilman Lilley, seconded by Councilman to accept the annual financial report and the report of financial statements for the Sanitation District for year ending June 30, 1988. Passed unanimously by roll call vote. Mr . Hair at this time discussed the $3,000 additional fee to offset their $13,500 cost overage. Council discussion followed . City Manager Windsor stated that staff recommends that this $3,000 be paid , but asks that he be directed to write to Mr. Hair on behalf of the City,- indicating very strongly that in the future the City- will adhere strictly to the letter of the contract so that no additional costs or work can be performed unless or until the Council has been notified as such Councilman Lilley who served on the Financial Sub-committee stated that he and Councilman Shiers had discussed this at some length and there was a consensus as to what needs to be made clear. We are dealing with based on the audit report that we have received , what appears to be a extremely professional accounting firm. We note that we entered into a contract which they signed and which states " if an 6 unanticipated situation should arise which will require additional work , the auditor shall be entitled to apply to the city for supplemental compensation at the hourly rate specified, such supplemental work will be paid for only upon mutual agreement of the contracting parties in writing prior to the performance of such work . " It is our concern that you adhere to the contract and if you do , we will . One of the concerns was the indications that for one reason or another somebody relied on somebody' s representations and was led to believe that they could proceed to incur additional work with the endorsement and the approval of the city. As a result of that , there is a question of who should be blamed for leading someone astray. The purpose of that provision is to make sure that we don' t have those j kinds of accusations or problems. The only people who can tell us whether extra work is going to be necessary for you to complete your job is yourselves. If you do not do that, we can not guess. We are in agreement that we write the firm a very clear letter making it very clear to these gentlemen that for the balance of our contractual relationship we expect that provision as well as others in the contract to be strictly adhered to because that ' s professional . It is appreciated that the accounting firm did jump in and do a great deal of work . We will not depart from this contract and you cannot ask us for whatever reason to violate the contract . Councilman Shiers stated he concurs that the firm -did do a good job and in fact earned the additional $3,000 and we are concerned with the future working relationship that we will have with the firm over the next two years of the contract . He believes that we will be better off spending the additional $3,000 now and that we will get it back in the future, but as Councilman Lilley pointed out we have a contract here and it does state exactly what he said. It does require the mutual agreement of the contracting parties in writing. There was some sort of communication breakdown because this was never brought to Council' s attention when it should have been. Neither he nor Mr . Lilley were aware of the size of the over run until the memo of January 20th when the audit was about done. Further Council discussion followed. MOTION: By Councilman Dexter , seconded by Councilwoman Mackey to approve the finance sub-committee's recommendation to the Council that the $3,000 in cost over run be paid and ,a letter be sent from the City Manager as directed by the Council . Mayor Borgeson offered an amendment to the motion that the $3,000 should come out of the Finance Department ' s 7 M budget , and not out of the general fund . The motion with the amendment passed by 4: 1 roll call vote with Councilman Lilley voting no. 5. REPORT ON HOTEL PARK PRECISE PLAN CONDITION (#17 RE: ROAD ABANDONMENT) Henry Engen, Community Development Director , gave the staff report . Steve Sylvester spoke on behalf of the applicant . He stated they are trying to come to a satisfactory remedy and concur with the staff recommendations as they have been presented and would like to point that in accordance with the approved precise plan the detail improvement plans have been prepared for the realignment of Capistrano, the request for the road abandonment and accompanying legal description has been submitted and in early December the offer of dedication was submitted to staff for review. With the completion of obtaining the encroachment and grading permits they are - ready to proceed with the rest of the project . Doug Lewis asked with the changing in the alignment of that part of Capistrano what is the designation of the street towards El Camino since it will no longer be a continuity? Henry Engen, Community Development Director and Paul Sensibaugh , Public Works Director responded. At this point Mayor Borgeson closed the discussion to the public and returned to council for discussion. MOTION: Made by Councilman Lilley, seconded by Councilman Dexter to approve the interpretation set forth in the staff recommendations with regards to the road abandonment and the offers of dedication. Motion passed 3:2 with Councilwoman Mackey and Mayor Borgeson voting no. At this time Councilman Shiers asked if he could rescind his vote on this item. City Attorney Jeff Jorgensen stated that a Councilmember may request reconsideration of a vote as long as it is prior to consideration of the next item however , he would advise Council that it has been his opinion that it is necessary for the Council to give a reasonable interpretation of the City 's intent to this condition since there was a mutual- mistake and an impossible condition imposed and if this is not the intent of the City as to what the condition meant then 8 0 0 the Council needs to come forward with an explanation as to what the intent of the City was. (*)Councilwoman Mackey indicated she would have to change her vote to yes. Councilman Shiers rescinded his request at this time. 6. RESOLUTION NO. 13-89 - NOTICE OF INTENT TO CONSIDER VACATING A PORTION OF SAN ANDES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVENUE Staff Report was given by Henry Engen. There was no public comment. MOTION: Made by Councilwoman Mackey, seconded by Councilman Dexter to approve Resolution No . 13-89 and set a j public hearing date of March 14, 1989 for Road Abandonment 03-88 (San Andres Avenue) . Passed unanimously by roll call vote. C. NEW BUSINESS: 1 . REPEAL DEVELOPMENT FEE RESOLUTIONS AND ORDINANCES: A. RESOLUTION NO 16-89 - Repealing Resolution No . ' s 64- 85, 10-86, 11-86 and 44-88 Staff report was given by Paul Sensibaugh , Public Works Director . MOTION: Made by Councilman Lilley, seconded by Councilwoman Mackey to adopt Resolution No . 13- 89. Passed unanimously by roll call vote. B. ORDINANCE NO. 191 - Repealing Ordinance No . ' s 111 , 118 and 119 MOTION: Made by Councilwoman Mackey, seconded by Councilman Dexter to waive the reading of the ordinance in full . Passed unanimously. Mayor Borgeson read Ordinance No. 191 by title only. MOTION: Made by Councilwoman Mackey, seconded by Councilman Dexter to approve Ordinance No . 191 on the first reading. Passed unanimously by roll call vote. 2. RESOLUTION NO. 14-89 - AMENDING RESOLUTION NO. 33-88, EXPANDING THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO 9 Correction noted by Councilman Shiers at 3/14/89 meeting, prior to approval of these minutes. Staff report was given by Henry Engen, Community Development Director . Council comments followed . MOTION: Made by Councilman Lilley, seconded by Councilwoman Mackey to approve Resolution No. 14-89 by roll call vote of 32, with Councilman Shiers and Mayor Borgeson voting no. 3. REQUEST FOR COUNCIL REPRESENTATIVE AT CHAMBER BOARD MEETINGS Mike Arrambide, President of the Chamber of Commerce, stated they would like to have a representative from the Council attend the Chamber ' s regular board meetings which are held the second Thursday of each month at the Chamber Office at noon. Consensus of the Council that they would be participating on a rotating basis. D. INDIVIDUAL DETERMINATION/AND OR ACTION: CITY COUNCIL•• CouncilwomanMackey stated that Clean Up Date is April 22nd. Volunteers are needed that day at the Chamber of Commerce Office CITY STAFF: Paul Sensibaugh , Public Works Director , gave a brief report on what is happening at the Waste Water Treatment Plant in regards to the odor complaints that have been received today. MEETING ADJOURNED AT 10:45 P.M. MINUTES RECORDED BY: BOYD Ca S ARITZ, CITY 'CLER PREP17D BY: OR RA EZ, D PUTY CIT CLERK 10