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HomeMy WebLinkAboutMinutes 042589 ME��a� �Nror► _ l IMA ITEM! .. ........_ ATASCADERO CITY COUNCIL MINUTES APRIL 25 , 1989 The regular meeting of the Atascadero City Council was called to order at 7 : 05 p.m. by Mayor Borgeson, followed by the Pledge of Allegiance. ROLL CALL All Present: Councilmembers Dexter, Lilley, Mackey, Shiers and Mayor Borgeson Staff Present: Ray Windsor, City Manager; Henry Engen, Commun. Devel . Dir. ; Paul Sensibaugh, Pub. Works Dir. ; Chief Mike Hicks, Fire Dept. ; Lt. Bill Watton, Police Dept. Mark Joseph, Admin. Svcs . Dir. ; Jeff Jorgensen, City Atty. ; Andy Takata, Dir. of Parks & Rec . ; Boyd Sharitz, City Clerk; Cindy Wilkins, Admin. Secy. COUNCIL COMMENT Mayor Borgeson issued two proclamations: "Special Olympics Day" , May 5 , 1989, accepted by Jeanne Anderson - "GFWC ; California Federation Week" , April 23-29, 1989 , accepted by Cheryl Burbach, Pres. of Atas . Juniors COMMITTEE REPORTS Mayor Borgeson reviewed, as listed on the agenda, that there are written reports in the packet for the City/School Committee and North Coastal Transit, and that Agenda Item C-3 is a Finance Committee item. S.L.O. Area Coordinating Council - Mayor Borgeson reported on attending the 4/19/89 SLOACC meeting, where the possibility of a consolidated transit authority was discussed and a tie vote was taken. It will be further discussed at the next meeting, as well as on the Council' s next regular agenda for discussion and fur- ther direction. Minutes from the 4/19 meeting will be included on the Council's agenda in May. 1 COMMUNITY FORUM Kathleen Daly, resident, presented a statement signed by 20 cit- izens who attended the 4/11/89 School Board meeting expressing that allegations of Commissioner Luna' s remarks at that meeting as "threatening" are completely untrue. Ms . Daly also read a prepared statement expressing concern about Mr. Highland' s abil- ities to objectively serve the citizens of Atascadero. Sue Terry, 9081 San Rafael Rd. , echoed the comments of the previ- ous speaker and voiced respect for Commissioner Luna' s presence at the 4/11 School Board meeting and for having the conviction to state his opinion on the San Rafael site consideration. John McNeil, 8765 Sierra Vista, expressed his feeling that Com- missioner Highland' s comments regarding Commissioner Luna were unprofessional as they were based on heresay information, and he urged that Council either reprimand him or ask for his resigna- tion. Celia Moss, 8040 Coromar, expressed comments similar to the pre- vious speaker. Terril Graham, 6205 Conejo Rd. , spoke in support of Supvr. David Blakely and urged that Council adopt a resolution condemning recent recall actions against him, or that Council submit to drug-testing themselves . Mayor Borgeson directed the City Manager to schedule a meeting of herself, Commissioners Luna, Highland, and Chairman Lochridge prior to the Planning Commission's next meeting. CONSENT CALENDAR 1. April 11, 1989 City Council Minutes 2 City Treasurer's Report March, 1989 3. City Finance Director's Report - March, 1989 4. Acceptance of Final Tract Map 18-88 - 3100 & 3150 ECR (Golden West Community Partnership/Volbrecht) 5. Res. No. 25-89 - Acceptance of Cebada Rd. into the City- maintained road system 6 . Caltrans Agmt. for signal emergency vehicle pre-empt 7. Claim of Maryanne Nolin Recommend denial 8 Res. No. 23-89 - Declaring weeds a public nuisance and commencing proceedings for abatement Terril Graham requested Item A-8 be pulled for discussion. Motion: By Councilwoman Mackey to approve Items A1-7 , sec- onded by Councilman Dexter; passed unanimously by roll-call . 2 l re: Item A-8: Mr. Graham requested clarification of what this item includes for adoption of the proposed resolution. Chief Hicks read the text of proposed Res . 23-89 . Councilman Shiers noted a citizen inquired if rubbish on a property adjacent to the Atas . Library could be abated under the requirements of the Weed Abatement Ordinance; Mr. Jorgensen, City Attorney responded that subject property has a history and may require nuisance abatement procedures, but they would be separate from those of the Weed Abatement Ord. Motion: By Councilwoman Mackey to approve Res . 23-89, sec- onded by Councilman Lilley; passed unanimously by roll-call . B. HEARINGS/APPEARANCES 1. Heritage Tree Removal Request - 7800 Balboa Road Mr. Engen gave staff report, noting the difficulty encountered in attempting to locate subject site due to both out-of-sequence street numbering on Balboa and incorrect address posted adjacent to subject property, with which Council concurred. Additionally, Council expressed that subject trees were not marked for proposed removal as required and, therefore, not located or difficult to locate. The general problem of out-of-sequence street numbering on parcels City-wide was discussed, and staff was requested to investigate further and report back to Council . Public Comment David Smith indicated this is his project, and he stated that there is no language in the tree removal criteria which indicates that trees proposed for removal are to be marked; he noted the heavily-wooded condition of subject property. Mr. Engen reviewed the Tree Ordinance text addressing the requirements for posting of property and the clear requirement that applicants identify trees proposed for removal . Motion: By Mayor Borgeson for continuance until the prop- erty is properly posted, with the intent to have this item on the Council ' s next regular agenda; seconded by Councilman Shiers; passed unanimous- ly. 2. ZC 17-88, Danish Care Center (Ord. No. 194 - First reading) Mr. Engen gave staff report. Council discussion focused on con- cerns that 55 beds per acre maximum is too high a density standard. The need for this type of service in Atascadero at an affordable cost was noted. 3 Public Comment Paul McClain, a co-owner of Danish Care Ctr. , indicated this request will enable them to expand the rear portion and upgrade the existing facility, which he noted is the only convalescent hospital within the City limits. Celia Moss, having worked in the long-term and acute medical field for several years, expressed the opinion that it' s unde- sireable for a facility such as this to be too spread out. Motion: By Mayor Borgeson to continue this matter, dir- ecting staff to bring back additional information on how the density figures are calculated, noting that the majority of Council felt that 55 persons per net acre was too high; seconded by Councilman Dexter. Passed unanimously. Councilwoman Mackey asked that staff approach the owners of Danish to inquire what the added costs of providing the oppor- tunity for separate rooms for its residents would be, in the interest of their individual privacy needs . 3. Road . Abandonment 1-89, 12405 Santa Road (First Nationwide Mortgage Co./Davis/Volbrecht) - Resolution No. 22-89 Mr. Engen gave staff report. Public Comment Alan Volbrecht, Volbrecht Surveys, offered to respond to ques- tions . Motion: By Councilman Lilley to adopt Res. No. 22-89 , seconded by Councilwoman Mackey; passed unani- mously by roll-call . 4 Flood Hazard Prevention Ordinance, City of Atascadero (Ordinance No. 193 - First reading) Mr. Engen gave staff report, noting correction to reflect that the proposed ordinance adds Chapter 5 to Article 7 of the Muni Code (not Chapter 2, which has been pre-empted) and adding the language at the beginning of the ordinance, "The Council of the City of Atascadero does ordain as follows : Chapter _5 is hereby added to Chapter 7 of the Atascadero Municipal Code, as fol- lows . . . 11 . ol-lows. . . " . Mr. Sensibaugh made added comments and reviewed the flood zone areas profiled within the City. 4 j Council discussion ensued. Mr. Jorgensen clarified that the basic intent of this ordinance is to comply with a technical requirement of the Federal Govt. in order to enable persons residing within the identified areas to qualify for flood insur- ance, noting that it' s purpose is distinctly separate from that of the Amapoa-Tecorida Development Fee ordinance. Public Comment Geraldine Brasher, resident, urged adoption of the proposed or- dinance in order to enable persons residing in high flood hazard areas to acquire appropriate insurance. Motion: By Councilman Dexter to read Ord. 193 by title only, seconded by Councilman Lilley; passed unani- mously. Mayor Borgeson read Ord. 193 by title. Motion: By Councilman Dexter to approve Ord. 193 on first reading, as revised by staff comments, seconded by Councilwoman Mackey; passed unanimously by roll call . * Mayor Borgeson requested that item C-3 be considered first, following the break, with which Council concurred. COUNCIL RECESSED FOR A BREAK FROM 8 :40 TO 8 : 55 P.M. C. REGULAR BUSINESS *3. Resolution No. 24-89 - Authorizing long-term debt financing for needed capital improvements Mr. Windsor gave staff report, indicating staff recommends adop- tion of the proposed resolution. He emphasized that ,approval of the resolution and authorization for hiring a financial consul- tant would not commit this Council to a specific dollar amount for the three projects identified. Staff requested that the selection of a financial institution be continued to allow for review of local firms to determine their competitiveness with others available'. Mr. Joseph reviewed the available financing methods and why OOP's are being recommended Lengthy Council discussion ensued. Council consensus was to amend the proposed resolution, as follows : Para. 7 , " . . . ( $2 ,000,000) to be used for the above projects herein identified." 5 Public Comment Gere Sibbach, City Treasurer, expressed the opinion that this should be put before the voters as a general bond issue, and he encouraged consideration of local financiers before final selec- tion by Council . He also suggested the proposed resolution be amended to reflect that the COP' s will be invested temporarily in an interest-bearing account to await their use. Tom Bench, resident, expressed the opinion that too much emphasis is being placed on only the police facility, and, although it' s a necessity, he feels other major improvements (e.g. , lake lots and the Pavilion) warrant financing considerations . Fred Frank, resident, urged Council to expedite this proposal, feeling it' s conservative and an important mechanism to fund needed acquisitions, including the lake lots . He also urged that specific amounts be identified and allocated toward the various projects, when the time comes. Terril Graham, resident, spoke in opposition to debt financing, and expressed the opinion that this proposal is "tricky" in that the public is not a participant in the decision regarding the use of the funds Additional Council discussion followed. Mr. Windsor recommended the following amendment to the proposed resolution (see Mr. Sibbach' s comments, above) : Para. 6, " . . .with the understanding that said issue shall be invested tem- porarily in an interest-bearing account to await their use. . . " , and he clarified that the last line of Para. 7 should be amended to read, " .. . ( $2,000,000) to be used for the above projects here- in identified. " Motion: By Councilman Dexter to adopt Res. 24-89, as amended, seconded by Mayor Borgeson; passed unani- mously by roll-call. Motion: By Councilman Dexter to direct staff to survey available financing institutions with all possible speed, seconded by Councilman Lilley passed unan- imously. 1. Asbestos Change order City Hall renovation project Mr. Sensibaugh gave staff report. 6 Public Comment Al Giacomazzi of R.P. Richards explained that the project has been delayed for 24 days, extending it beyond the contracted term by 12 days ( from 180 days to 192) , thus constituting the need for additional overhead to administer the required changes . He stressed that Richards is doing all they can to keep the price as fair as possible. It was clarified that a new subcon- tractor will be assigned to perform the work required in the pipe chases and the dome access area, and the previous subcontractor, Frank Garcia, Inc . , will be doing the insulation abatement around the piping. Council discussion followed. Mayor Borgeson expressed her desire to sit in on the negotiations for the dollar amount of the change order with the contractor. Motion: By Mayor Borgeson that Council approve the reques- ted change order and direct staff to negotiate with the contractor, with Mayor Borgeson present, seconded by Councilwoman Mackey; passed unanimous- ly by roll-call . 2. City Hall - Rotunda carpeting & permanent seating Mr. Sensibaugh gave staff report, followed by Council discussion. Public Comment Geraldine Brasher, resident, asked if consideration has been giv- en to hiring an interior decorator. Mr. Sensibaugh responded that staff has already done so, and color selections will be rec- ommended for the 1st through 4th floors of the Admin. Bldg. Mrs . Brasher expressed concern that fixed seating may restrict rev- II enue-gaining uses of the Rotunda Rm. Mr. Takata reviewed the recreational classes currently being held in the Rotunda Rm. Motion: By Mayor Borgeson to follow staff recommendation that the 4th Floor Rotunda Rm. be carpeted, sec- onded by Councilwoman Mackey; passed unanimously by roll-call . 4. Recycling discussion Mr. Sensibaugh gave staff report. Councilwoman Mackey encouraged the City Council to endorse white paper recycling and encourage waste reduction and the purchase of recycled paper products . 7 Public Comment Bill Gibbs, Wil-Mar Disposal, indicated that Wil-Mar is going to do everything they can to help with the problem and has done some research on a recycling program, however, would like additional direction from staff. There was no public comment. Council consensus was to direct staff to bring back the recom- mended make-up of a recycling committee, including staff repre- sentation. 5. A.U.S.D. Proposal - Summer Swim Program Mr. Windsor gave staff report, and brief Council discussion fol- lowed. Public Comment Sarah Gronstrand, resident, urged that swimming free of cost be made available for low-income families . Mr. Windsor responded that this is an example of many details yet to be worked out. Motion: By Mayor Borgeson to prepare for the operation of the Atascadero School District' s Pool Program for the summer of 1990, addressing both the public' s and Council ' s concerns expressed tonight, seconded by Councilman Dexter; passed unanimously by roll- call . D. INDIVIDUAL DETERMINATION/AND OR ACTION City Council - Councilman Shiers requested that Council receive their agenda packets earlier than they currently do. Consensus was that staff have the agenda available on Thursday at the lat- est. Mayor Borgeson asked for Council consensus to direct that staff prepare a resolution that Council meetings end at 11 p.m. , as a general rule (begin no new business after 11 p.m. ) Mr. Jorgen- sen asked that he be directed to review the Municipal Code and suggest an alternative. Councilman Dexter asked if Council can attend the June 8-10 League of CA Cities Leadership Team Workshop, instead of the May dates previously registered for. 8 4 City Manager - Mr. Windsor noted that if Council doesn' t attend the June 8-10 workshop, they would have to wait until the November session; Council concurred to attend in June. Mr. Windsor inquired of the Council ' s interest in attending the 1989 Downtown Revitalization Conference June 28-29 in Sacramento. Councilmembers Dexter, Shiers and Borgeson expressed interest in attending. Mr. Windsor announced that there will be a special ceremony to plant a tree donated by the parents of Steve Richards, scheduled for Thursday at 6 :00 p.m. , Atascadero Lake Park. Steve was killed in a traffic accident recently on Hwy. 41 . MEETING ADJOURNED AT 10:45 P.M. MINUTES RECORDED BY: BOYD C. SIA ITZ, C' Clerk PREPARED BY: CINDY WILKINS, Admin. Secy. 9