Loading...
HomeMy WebLinkAboutMinutes 052389 ATASCADERO CITY COUNCIL MINUTES MAY 23, 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: Present : Councilmembers Shiers, Lilley, Mackey and Mayor Borgeson Absent : Councilmember Dexter (Vacation) Staff Present : Henry Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Mark Joseph, Administrative Services Director ; Jeff Jorgensen, City Attorney, Andy Takata, Director of Parks, Recreation & Zoo ; Bud McHale, Police Chief; Boyd Sharitz , City Clerk ; and Roland Snow and Vern l Elliott , Fire Department . A Commendation was presented to Karl Taborsk i by Mayor Borgeson for saving the life of another by using the Heimlich maneuver . Mayor Borgeson presented the following proclamations: Kiwanis Club Week May 21-27, 1989 Public Works Week - May 21-27, 1989 National Flag Day - June 14, 1989_ I CITY COUNCIL COMMENTSm None COMMUNITY FORUM: Bruno Adamoli stated he felt the public should be involved instead of appointing one person alone to decide which trees are to be taken out . Get a committee of the public (seven people) to serve on it, free of charge, and the City would save some money and those seven people would pit more impact into the decision of removing a tree than one person alone. Shiela Newan, 7820 Cortez Avenue, reported that it was brought to the attention of those in her neighborhood that a parking and staging area for horse trailers is being planned in their neighborhood. They are concerned about traffic and horses being loose. The County purchased Railroad property on their street and it ' s a quarter of an acre with an easement into Heilman Park . They feel the County did not look into other options as far as the parking area goes. There is plenty of land on the other side of the railroad tracks that belongs to the City. There are other areas to put the staging area. Henry Engen, Community Development Director ; said Supervisor Blakely will be contacting Mayor Borgeson regarding this. She said she will be reporting back as soon as she has more information on this situation. A. CONSENT CALENDAR 1 . MAY 9, 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR'S REPORT - APRIL, 1989 3. CITY TREASURER'S REPORT — APRIL 1989 4 CLAIM OF JIMMY WOODALL (RECOMMEND DENIAL) I 5. AWARD BID FOR WEED ABATEMENT SERVICES TO YOUNG BROTHERS I CONSTRUCTION CO. I b. RESOLUTION NO. 32-89 - APPROVING VARIOUS YEAR-END BUDGET ADJUSTMENTS 7. RESOLUTION NO. 31-B9 - AUTHORIZING FINGERPRINTING FOR EMPLOYMENT, LICENSING AND CERTIFICATION I S. AMENDED CONTRACT WITH BECKER & BELL FOR EMPLOYEE RELATIONS SERVICES' I 9. CONTRACT WITH G. A. LASTER, ATTORNEY, FOR BOND COUNSEL SERVICES I 10. ACCEPTANCE OF FINAL PARCEL MAP 14-88, 5050 PORTOLA ROAD (Davin/Cuesta Engineering ) 11 . ACCEPTANCE OF FINAL TRACT MAP 42-87, 6875 Tecorida (Woodglen Development , Ltd . /Cuesta Engineering ) Councilman Lilley said he would like to pull item A-7, Resolution No . 31-89 - Authorizing Fingerprinting for Employment , Licensing and Certification. Mayor Borgeson stated she would like to pull items A-8 and ll , Amended Contract with Becker & Bell for Employee Relations Services and Acceptance of Final Tract Map 42-87, 6760 E1 Camino Real . MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve the Consent Calendar with the exception of items A-7,8, and 11 . Passed unanimously by roll call vote. Mark Joseph , Administrative Services Director , gave the staff report on Item A-7. Council discussion followed . MOTION: By Councilman Shiers, seconded by Mayor Borgeson to approve A-7 of the consent calendar . Passed unanimously by roll call vote. Mark Joseph , Administrative Services Director , gave the staff report on Item A-8. Council discussion and questions followed . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey. Passed by roll call vote of 3: 1 with Mayor Borgeson voting no . Henry Engen, Community Development Director , gave the staff report on Item A-11 indicating that all conditions of approval of the ,Woodglen project tentative map had been met and the map is ready for final approval . Council discussion followed . Mayor Borgeson called for a roll call vote for acceptance of Final Tract Map 42-87, 6760 El Camino Real . Councilwoman Mackey and Councilman Lilley voted yes. Councilman Shiers and Mayor Borgeson voted no . Jeff Jorgensen, City Attorney, stated that the tie 2:2 vote constitutes "no action" . Essentially he understood the nature of the vote but with respect to the approval of a final map , it is a ministerial act and the City does not have the discretion to deny a final map if it has met the conditions of approval . In light of that , he recommended that the Council continue the item until the next council meeting so that it can be voted on by the full council . MOTION: By Councilwoman Mackey, seconded by Councilman Shiers for a continuance of this item until the next council meeting . Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1. APPEAL OF GRADING PERMIT INVESTIGATION FEE TENTATIVE TRACT NO. 37-87, 8430 SANTA ROSA ROAD (MESSER) Henry Engen, Community Development Director, reported that the applicant has made a request for a continuance until the next Council meeting and the appropriate fee has been paid . MOTION: By Councilman Shiers, seconded by Councilman Lilley to accept the letter for continuance and bring back this item at the next City Council meeting . Passed unanimously by roll call vote. 2. ZONE CHANGE 17-88 - DANISH CARE CENTER 3 0 0 Staff report was given by Henry Engen, Community Development Director . Council discussion followed. Wayne Evans and Bryan Roldan from the Danish Care Center answered questions from the Council . MOTION: By Councilwoman Mackey, seconded ` by Councilman Shiers to read by title only. Passed unanimously by roll call vote. MOTION: By Councilman Shiers, seconded by Councilman Lilley to adopt on first reading with the amendment on Exhibit A with phrase "Facilities Such As" deleted . Passed unanimously by roll call vote. 3. WEED ABATEMENT PUBLIC HEARING Staff report was given by Fire Captain, Roland Snow. Council comments followed . I Mayor Borgeson opened discussion for public comments. David Duncan, resident on Marchant , said he has three I adjacent lots on Marchant and that he uses them for pasture and has horses there. He feels that he should not receive the weed abatement notices each year . Bruno Adamoli asked who was responsible for the weeds near the road . Captain Snow responded that it was the responsibility of the property owner to keep the property free of weeds clear up to the street . MOTION: By Councilman Shiers, seconded by Councilwoman Mackey that the Fire Chief or his authorized representatives are ordered to abate the nuisance of noxious or dangerous weeds on the lots identified in Resolution 23-89. Passed unanimously by roll call vote. C. REGULAR BUSINESSe 1 . REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS & MUSEUMS" AS A PERMITTED FREEWAY SIGN (AMERICAN CLASSICS) Staff report was given by Henry Engen, Community Development Director who indicated that this is a requested zoning text change and requires authorization to proceed by the Council . 4 Staff recommendation is for denial of the request to process. Council questions and discussion followed. Jim Berger , owner of American Classics, stated he felt that the sign is important to their business. He said he was surprised that he was appearing so that the Council could have a pre-hearing for hearing because he thought it would go from their application to the Planning Commission and then to the Council . He feels that his business is a compliment to the City. Maggie Rice, representing the Atascadero Chamber of Commerce, spoke in support of freeway signage for this business. Lon Allen spoke on behalf of the owners of the business at 5660 E1 Camino Real , the publishers of the Atascadero News. The publishers asked him to express that they would endorse making this freeway oriented sign available to this new business. These two gentlemen have taken an eye sore in the middle of the town and done a great deal to make it look nice both inside and outside. They are a credit to whatis trying to be done in the downtown area. The ERA study that the Council purchased about two years ago suggested that you do something to make Downtown Atascadero unique and a place that people would have a reason to stop in. This is one business that will do that . The City should be flexible enough to do what it can to help this new business. Erwin Manning who owns property in the vicinity of this new business spoke. He is very excited about what they are doing there and it can not do anything but help the downtown area. Council discussion followed. MOTION: By Mayor Borgeson, seconded by Councilman Shiers to approve staff recommendation to deny consideration of a zoning ordinance text amendment permitting classic auto dealers and museums to be entitled to a freeway sign. The motion failed : 2:2 with Councilman Shiers and Mayor Borgeson voting no . MOTION: By Councilwoman Mackey, seconded by Councilman_ Lilley to continue this item until the next Council meeting Motion failed : 2:2 with Councilman Shiers and Mayor Borgeson voting no . 2 PROPOSED SKATEBOARD ORDINANCE 5 Andy Takata, Director of Parks, Recreation and Zoo gave the staff report . Council discussion followed . Greg Shroger , 7690 Sinola, stated that skateboarding is not recreational to him, it is a means of transportation to school and work . If you restrict this, he would not be able to get to school on time, and would make his life harder . Calib Plowman, 9176 Tiburon Circle commented that people say that skateboarders are damaging their property. This could be caused by people riding bikes or just walking by, not just skateboarders. Everything is negative towards skateboarders. No place is set aside for skateboarders. It is a form of recreation to many skateboarders and could end up as a career for some of them. He has tried to stop others from destroying property. Skateboarding in the downtown area should not be stopped . If you take this away from skateboarders it could result in more property damage. Tim Gants, 8145 Atascadero Ave. stated that the City has money to build apartments and shopping centers. Is there any reason that there can ' t be a place built for them to skateboard . Whitey Thorp said we have tried to outlaw all the places where the kids can play. Each one of these kids are our kids and let ' s give them a place where they can have a little fun and a little liberty. Karen Riggs commented she felt that this agenda item could have been moved up earlier due to the fact that this is a school night. She continued by saying that skateboarding is a legitimate sport. Give our kids something to do . This ordinance should be a last resort -- it is too serious to outlaw skateboarding at this point . Trees and signs are important to the City Council , please take kids seriously _too Wally Banner , 12660 E1 Camino Real , 'owner of a building downtown, said he feels very sorry for these young people when it comes to skateboarding . They don ' t have any place to go where it is legal to do it , however , he is in favor of the ordinance because of damage that has been to his building . Cliff Haggert , 5450 Ensenada, spoke in support of some form of Ordinance in regards to skateboarding . Cathy Clark resident on Azucena stated she is in favor of having a skateboard park being built . She said only a 6 0 0 minority is responsible for problems that are being caused . At this time the Mayor closed for public comment . Karen Riggs asked the Council to give the kids a chance to police themselves before this Ordinance is put in place. MOTION: By Mayor Borgeson, seconded by Councilwoman Mackey to establish a committee to look at the skateboarding problem and solution, to report back to the City Council in thirty days with their proposed solutions and to table this ordinance indefinitely at this point . Passed unanimously by roll call vote. Mayor Borgeson appointed Councilmembers Lilley and Shiers to this committee, along with either Commissioner Bench or Smart of the Parks and Recreation Commission. Those from the audience expressing a desire to serve on the committee consist of: Caleb Plowman, Bill Bales, Art Lindsey, Mary or Neivta from JPs Skate Shop , Kathy Clarke and Karen Riggs. At 10:30 p .m. Mayor Borgeson requested a 15 minute recess. The meeting reconvened at 10:45 p .m. 3. FEMA- REQUEST FOR COUNCIL REPRESENTATIVE APPOINTMENT Staff report was given by Mayor Borgeson. Councilman Shiers volunteered to serve as representative for the City for this board . 4. HOUSEHOLD HAZARDOUS WASTES PROGRAM COST DISTRIBUTION Paul Sensibaugh gave the staff report . Council discussion followed . MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to continue the meeting past 11 :00 P .M. Passed unanimously. MOTION: By Councilman Lilley, seconded by Mayor Borgeson to endorse the concept and cooperative effort involving cities and County and direct the City Manager to write a letter to the County Health Agency outlining the city ' s concern that the suggested method of collection is not cost effective for our city. Passed unanimously. 7 5. MARCHANT WAY SEWER LATERALS TO UNCONNECTED PARCELS MOTION: By Councilwoman Mackey, seconded by Mayor Borgeson to continue this item until a future council meeting . Passed unanimously. 6. SET DATE FOR PAVILION ARCHITECT INTERVIEWS Andy Takata, Director of Parks, Recreation and Zoo gave the staff report A meeting has been set for Monday, June 26 to interview four architects. 7. SET DATE FOR MEETING WITH CLASSIFICATION & COMPENSATION CONSULTANT Mark Joseph stated that a closed session will be held on June 14 from 1-3 p .m. to discuss the classification and compensation study. D. INDIVIDUAL DETERMINATION/AND OR ACTION: Mayor Borgeson stated that on a prior vote that was made on item C-1 (Request for Change to the Zoning Ordinance Text to add "Classic Auto Dealers & Museums" as a permitted Freeway Sign) , the Council had deadlocked on the vote and also on the motion to continue this item. She talked to the City Attorney and she feels the people paid money to have a City Council decision tonight not a deadlock . She is willing to reconsider that item to continue the matter for the full council . MOTION: By Mayor Borgeson, seconded by Councilwoman Mackey to continue this item to the next Council meeting Passed unanimously. CITY SCHOOL COMMITTEE: Councilman Lilley stated that a meeting would be held on Wednesday 5/24 at 2 p.m. Councilmember Shiers will attend since Councilmember Dexter is out of town. CITY ATTORNEY: Jeff Jorgensen requested a closed session for matters of personnel . MEETING ADJOURNED AT 11 :30 P.M. TO A CLOSED SESSION CLOSED SESSION ADJOURNED AT 11 :45 P.M. 8 MINUTES RECORDED BY: BOYD C. SHARITZ, CITY CLER PRE BY: 2 r I CG-E GI RAM Z, C ING DEPUT CITY CLERK I 9 � r