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ATASCADERO CITY COUNCIL
MINUTES
AUGUST 22, 1989
The regular meeting of the Atascadero City Council was called to
order at 6:05 p .m. by Mayor Dexter , followed by the Pledge of
Allegiance.
ROLL CALL
All Present : Councilmembers Borgeson, Lilley (arrived at 6:20
p .m. ) , Mackey, Shiers and Mayor Dexter.
Staff: Ray Windsor , City Manager ; Henry Engen, Community
Development Director ; Paul Sensibaugh , Public Works
Director ; Chief Bud McHale, Police Department ; Jeff
Jorgensen, City Attorney; Andy Takata, Director of
Parks, Recreation and Zoo ; Mark Joseph , Director of
Administrative Services; & Boyd Sharitz , City Clerk .
Mayor Dexter presented a Certificate of Recognition to Richard
Perce, Rotary International Exchange Student to Curitiba, Brazil.
He also introduced Alan Maior who is the exchange student from
Curitiba, Brazil who will be staying in Atascadero for the next
year .
FINAL CONSTRUCTION DOCUMENTS FOR THE POLICE FACILITY, FOLLOWED BY
AUTHORIZING BID OF THE PROJECT.
City Manager, Ray Windsor , gave a brief staff report . Chief Bud
McHale gave a report on the history of the police facility . He
then introduced Rod Levin of Ross, Levin, Maclntyre & Varner .
Mr . Levin gave his presentation regarding the proposed Police
Facility.
Following Mr- . Levin ' s presentation council questions and
discussion followed .
MOTION: By Councilwoman Mackey, seconded by Councilwoman
Borgeson to authorize staff to seek bids for the
construction and remodeling of the proposed new police
services building at 5505 E1 Camino Real including the
eight alternatives. Passed unanimously by roll call
vote.
Mayor Dexter asked for a 10 minute recess at 6:50 p.m.
The regular Council Meeting reconvened at 7:03 p .m.
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COMMUNITY FORUM:
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Planning Commissioner George Highland read the following prepared
statement : "There are two items I would like to present to the
Council this evening , both with accompanying questions. I
realize, due to what I consider to be a basic inconsistency in
the Brown Act , answers to my questions will not be forthcoming
tonight . I would request the matters to be addressed at the next
Council Meeting .
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The first item is related to the hiring of Lisa Schicker as a
part-time City Arborist . Ordinance 168, adopted 4/12/88,
commonly known as the Tree Ordinance, is the effective legal
authority at this time. In reference to tree protection plans or
tree removal , Sect . 9-4. 155(b ) states "Said plans shall be
approved by an ISA certified arborist chosen from a list
recommended by the Tree Committee and designated by resolution of
the City Council as acceptable to the City of Atascadero" . The
section goes on to say "'The Community Development Director , in
case of disagreement with the arborist ' s recommendations, may
seek a second qualified arborist ' s opinion ( at City expense) . . . " .
In reviewing the Curriculum Vitae submitted by Ms Schicker , I
find no record of her certification by the ISA as a certified
arborist . As an obvious corollary, her name does not appear on
the list adopted by resolution of the Council .
The City Manager , in a memo dated 8/16/89, states that Ms.
Schicker ' s first major "real " project assignment will be a tree
removal request for the extension of Garcia Rd . According to the
provisions of Ordinance 168, she does not qualify to prepare or
certify such a plan, either for the applicant or for the City.
If that is the case, what will be her function on this project
and what authority will she have?
The second item pertains to the /same ordinance Section 9-4. 155
(c (5) deals with replacement trees. It states "Except where,
upon recommendation of the arborist , the remaining tree cover is
so extensive that tree replacement would serve no useful purpose,
removed tree(s) shall be replaced . . . "and goes on to specify type
and size of replacements. Beginning with the very first tree
removal permit request , one from Murray Warden last October , the
City has required a monetary donation to a Tree Replacement Fund
for such exceptions. Neither a monetary donation nor a Tree
Replacement Fund exist in Ordinance 168. My obvious question is,
by what legal authority does the City require such donations? Is
it not fact that the City has been extracting these monies
illegally, with absolutely no authority to do so? The process
sounds suspiciously like what is commonly defined as extortion. "
He further- stated that he will be at the September 12th City
Council Meeting to hear the Council ' s answers to his questions.
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A. CONSENT CALENDAR
1 . AUGUST BA 1989 CITY COUNCIL MINUTES
2. AUGUST 11 , 1989 SPECIAL COUNCIL MINUTES
3. TENTATIVE PARCEL MAP 12-89, 10785 EL CAMINO REAL -
Subdivision of one parcel containing approx . 10.0 ac . into
four- lots: Lot 1 an 2 will contain 2.0 ac . , Lot 3 will
contain 1 .0 ac. and Lot 4 will contain 5.0 ac .
(Columba/Lewis)
4. REQUEST BY PETERSON DEVELOPMENT COMPANY (STEVE DEVENCENZI )
FOR A ONE YEAR TIME EXTENSION OF TENTATIVE PARCEL MAP 13-870
8519 EL DORADO ROAD.
5. APPROVE ANNUAL AGREEMENT WITH S.L.O. COUNTY VISITOR'S &
CONFERENCE BUREAU
6. APPROVE CONTRACT WITH BECKER AND BELLO INC. TO CREATE,
REVIEW AND REVISE THE ATASCADERO CITY PERSONNEL RULES&
REGULATIONS
7. AWARD FOR APPRAISAL OF PROPERTIES LOCATED .
ALONG MORRO ROAD
AND ATASCADERO LAKE TO ROBERT H. HARRISON, M.A. I .
jMOTION: By Councilwoman Mackey, seconded by Councilman Lilley
for approval of Consent Calendar Items A 1-7. Passed
unanimously by roll call vote.
B. HEARINGS/APPEARANCES:
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1 . CONSIDERATION OF APPEAL BY LARRY VON DOLLEN OF PLANNING
COMMISSION'S REQUIREMENT FOR AN OPEN SPACE EASEMENT ON TPM
3-89, 4200 OBISPO ROAD (Volbrecht Surveys)
Staff report was given by Henry Engen Community Development
Director with the recommendation to deny the appeal and approve
TPM 3-89 based on Findings for Approval and subject to Conditions
of Approval of the Planning Commission,
Council questions and discussion followed .
Alan Vol`brecht spoke on behalf of Mr . Von Dollen. He answered
questions the Councilmembers had regarding this property .
MOTION: By Councilwoman Borgeson, seconded by Councilman Shiers
to deny the appeal . Passed 4: 1 by roll call vote with
Councilman Lilley voting no
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2~ CONSIDERATION OF EXTENSION OF ORDINANCE NO. 196» WHICH
CREATED° ON AN URGENCY BASISv A COMMERCIAL RETAIL-DOWNTOWN
ZONING DISTRICT (Requires a 4/5 vote of Council )
A. Ordinance No . 197 - An urgency ordinance of the City of
Atascadero amending Title 9 Zoning Regulations by
extending Ordinance No . 196 for 22 months and 15 days
(First and Final Reading : Recommend ( 1 ) motion to waive
reading of ordinance in full and approve by title only
Staff report was given by Henry Engen, Community Development
Director with the recommendation to approve Ordinance No . 197,
which extends the CRD Urgency Ordinance for up to 22 months and
15 days.
Council questions followed . There was no public comment .
MOTION: By Councilman Shiers , seconded by Councilwoman Borgeson
to adopt Ordinance No . 197. Passed unanimously by roll
call vote.
C. REGULAR BUSINESS:
1 . DOWNTOWN PARKING LOTS AGREEMENTS (3) (City of Atascadero
with B. I .A. /J. Stinchfield/D. Smith )
Ray Windsor , City Manager , asked that this item be continued
until the Council Meeting on September 12th.
2. - PROPOSED POLICY FOR ROADWAY
CONSTRUCTION WITHIN COLONY ROAD ALIGNMENTS/TREE PRESERVATION
CONFLICTS.
Staff report was given by Paul Sensibaugh , Public Works Director
with the recommendation to adopt Resolution 59-89. He read
Resolution No . 59-B9 in full for the benefit of the audience.
Council discussion followed with Councilwoman Borgeson stating
that in Item (f) of this document she would feel more comfortable
if the phase "may be waived" was followed by "by City Council " .
Councilman Lilley said he had a concern with paragraph (g ) in
regards to the 125% figure. He asked how this figure was arrived
at . Paul Sensibaugh , Public Works Director , stated this was an
unscientific figure. It is a number that he felt that was fair ,
and that there has to be some limitation as to what can be
required .
City Attorney, Jeff Jorgensen, said it was up to the Council to
decide whether this is the policy they want to establish .
Perhaps they might want to add language that if it exceeds 125%
then it would be reviewed by the Council for a determination.
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Paul Sensibaugh said it should be bought back to staff first . He
doesn ' t want Council to be put in the position where they have to
deal with every roadway alignment .
Mayor Dexter asked for public comment at this time.
Robert Johnson, 8181 San Dimas Lane, asked the Council if this
percentage figure is used where you have a roadway that is very
short for a small parcel development , and the cost of developing
that road would be nominal , and it goes right through the middle
of a tree, does this mean that the tree would not have to be
saved ; and if you had a road that is one half mile long , under a
large development that goes through one tree, does that mean that
the tree gets saved because the cost would not be 25% more?
Paul Sensibaugh said that normally on short segments you do not
have any flexibility in which to change the alignment so the
tree has a likelihood of being taken. These things are going
to happen. We are not guaranteeing that we are going to save all
the trees, but we are going to have some reasonable means to
save trees on the second example which was one half mile or
greater .
Further Council discussion followed .
MOTION: By Councilman Lilley, seconded by Councilman Shiers to
adopt Resolution 59-89 with the amendment proposed by
Councilwoman Borgeson as to sub-paragraph (f) requiring
City Council approval for waiver of tree protection
plan. Passed unanimously by roll call vote.
3. AGREEMENT WITH RECREATION SYSTEMS, INC. n ARCHITECT FOR THE
ATASCADERO LAKE PAVILION PROJECT
Andy Takata, Director of Parks, Recreation and Zoo gave the staff
report with the recommendation to award the contract to
Recreation Systems Inc .
Council comments followed .
There was no public comment .
MOTION: By Councilwoman Borgeson, seconded by Councilwoman
Mackey to awarded the contract to Recreation Systems,
Inc . Passed unanimously by roll call vote.
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D. INDIVIDUAL DETERMINATION AND/OR ACTION:
Mayor Dexter asked Council , staff and audience to stay after the
meeting and enjoy coffee and birthday cake in honor of
Councilwoman Borgeson.
1 . CITY COUNCIL
A. DIRECT STAFF TO DEVELOP A FORMAL PROCEDURE FOR
INTERVIEWING AND SELECTING MEMBERS OF CITY BOARDS AND .
COMMISSIONS (Mayor Dexter)
Mayor Dexter asked that staff develop a formal procedure for
interviewing and selecting members of City Boards and
Commissions'
Councilman Lilley gave Councilmembers a copy of his ideas for
Downtown Lighting . He asked Councilwoman Borgeson and Mackey
share these ideas with the Downtown Revitalization Committee for
their consideration.
Councilwoman Mackey stated that she had been on "Sound Off" and
that a woman had expressed the need for a recreation facility for
youth . She said that the youth in the community need to ask for
it .
NORTH COASTAL TRANSIT:
Mayor Dexter reported that we are now on a 3 run daily, Monday
through Friday, running between Paso Robles and San Luis Obispo .
We hope that the public will take advantage of this and relieve
some of the congestion on Cuesta Grade and improve our air
quality . Paul Sensibaugh reported that 36 out of 39 seats were
filled on the first run~
RECYCLING COMMITTEE:
Councilwoman Mackey reported that a meeting had been held last
week .
DOWNTOWN STEERING COMMITTEE:
Henry Engen, Community Development Director , reported that a
meeting will be held September 6 at 3 p .m. in the Club Room.
They in receipt of the Consultant ' s list of questions that they
want policy direction on before they firm up their proposed plan.
GROWTH MANAGEMENT:
Henry Engen, Community Development Director , stated that Council
has copies of the draft staff report that went from the County
Planning Staff to the Board of Supervisors. They are meeting on
Wednesday at Cuesta College for consideration of an interim
ordinance following the direction from their last meeting .
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The Interim Growth Management Committee is lo6king into possible
recommendations to the Council ' s General Plan Sub-Committee to
address the language that we would like to see in our General
Plan in regards to growth management . We expect to have a
resolution for the council ' s consideration to forward to the
County Board of Supervisors.
GENERAL PLAN SUB COMMITTEE:
Henry Engen said that this committee met on the 17th and will be
meeting ag�in on the 24th . First meeting was devoted to going
over the status of where we were in the General Plan process,
looking at the status of the downtown master plan which will be
an element of the General Plan, the Parks and Recreation Element
will be coming forward to the Planning Commission for a hearing
and recommendation formally to the Council . Also the Sewer
Master Plan that has been submitted in draft form to the Public
Works Department was discussed.
AD HOC COMMITTEE REGARDING ROADS:
Staff report was given by City Manager , Ray Windsor . Data
provided by Public Works allowed the Committee to make a better
evaluation of the situation before we develop some strategies to
come back to full Council and then on to Wells Fargo .
City Manager Ray Windsor wished Councilwoman Borgeson a Happy
Birthday .
Meeting adjourned at 8:22 p.m. to a closed session on Wednesday,
August 23° 1989 at 3r00 P.M. in room 304 for the purpose of
discussion concerning employee salaries and benefits pursuant to
Government Code Section 54957.6~
MINUTES RECORDED BYt
PR
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RG2v� I�GB�* �����B CITY CLERK
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22 August 89
To: Members of the Atascadero City Council
There are two items I would like to present to the Council this
evening, both with accompanying questions. I realize, due to what
I consider to be k basic inconsistency in the Brown Act, answers
to my questions will not be forthcoming tonight. I *would request
the matters be addressed at the next Council meeting.
The first item is related to the hiring of Lisa Schicker as a
part-time City Arborist. Ordinance 168, adopted 4/l2/88, commonly
known as the Tree Ordinance, is- the effective_ legal authority at
this time. In reference to tree protection plans or tree removal,
Sect. 94..155 (b) states "Said plans shall be approved by an ISA
certified arborist Chosen from a list recommended by the Tree
Committee and designated by resolution of the City Council as
aoceptible to the City of Ataseadero". The section goes on to say
"The Community Development Directors in case of disagreement with
the arborist' s recommendations, may seek a second qualified
arborist' s opinion (at City expense%,.«. In reviewing the
Curriculum Vitae submitted by Ms. Schicker, I find no record of
her certification by the ISA as a certified arborist. As an
obvious corollary, her name does not appear on the list adopted
by resolution of the Council,
The City Manager, in a Memo dated 08/l6/890 states that Ms
Schicker's first major "real" project assignment will be a tree
removal request for the extension of Garcia Road. According to the ,
provisions of Ord. 168, she does not qualify to prepare or certify
such a plan, either for the applicant .or for the City. If that is
the case, what will be her function on this project and what
authority will she have?
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The second item pertains to the same .ordinance. Sect. 9.4.155
(c) (5) deals with replacement trees. It .states "Except where,
upon recommendation of the arborist, the remaining tree cover is
so extensive that tree replacement would serve no useful purpose,
removed tree(s) shall be replaced...` and goes on to specify type
and size of `replac_ements. Beginning with the very- first tree
removal permit request, one from Murray Warden last October, the
City has required a monetary donation to a Tree Replacement Fund
for such exceptions. Neither a monetary donation nor a Tree
Replacement FVnd exist in Ordinance 168. My obvious question is,
by what legal authority does the City require such donations?
Is it not fact that the City has been extracting these monies
illegally, with absolutely no authority to do so?-The process
sounds suspiciously like what is commonly defined as extortion.
Thank you for yo#r time, I will be here, to hear your answers,
on September 12th.
"George P &at
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PROPOSAL FOR CONSIDERATION OF STREET LIGHTS AS APART OF
DOWNTOWN PLAN
As a part of downtown revitalization efforts throughout the
State of California, it would appear, from my limited research,
that serious emphasis is being given to the need for adequate
pedestrian lighting. Although pedestrian oriented lighting was a
component part of most communities as of the turn of the century,
over time this type of lighting has been supplanted in many
communities by vehicular traffic oriented lighting, usually in
the form of pole armed lights that are primarily designed to
properly illuminate the street for vehicular traffic. In an
effort to encourage pedestrian traffic and to provide a character
of uniqueness to revitalized downtown areas, most revitalization
plans incorporate some form of pedestrian lighting.
From my other research, cities such as Clovis and Antioch,
who have recently completed revitalization efforts to downtown
areas, have incorporated, to one degree or another, turn of the
century type historical pedestrian lighting.
In my review of the Atascadero downtown preliminary plan
outline, I note that much emphasis is placed on pedestrian
traffic within the downtown area. I note that; under the heading
of "Other Design Concept Components" , the preliminary outline at
least addresses to some degree the advisability of "period street
lighting" and "special night lighting at sunken gardens and creek
side areas. "
A review of the early architectural drawings of the sunken
gardens and memorial building areas and photographs of those
areas and the bridge area to the east of the memorial building
reveal that E.G. Lewis had incorporated into his overall design
theme some very interesting and, in some areas, elaborate
pedestrian lighting.
The original architectural plans for the sunken garden area
and the memorial building show a plan to install multiple globe
ornate light standards such as depicted in the center of the
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cover of this proposal.
At least one bridge in the community, that bridge located to
the east of the present high school administration building, was
also lit with round globe lights on cement pillars.
Research of the downtown area also establishes that the area
included within the "special design district"' is, in fact, the
original downtown lighting district which originally had
pedestrian oriented street Lights employing rather ornate metal
columns and acorn top glass fixtures.
I am advised that this lighting district is under the
jurisdiction of Pacific Gas & Electric who have, to one degree or
another, maintained the lighting district to present.
Unfortunately, in either the late 1950's or 19601s, the
original acorn globes were removed and replaced with an assort-
ment of mismatched illumination fixtures that are highly
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unattractive. In most instances, however, the original ornate
poles remain.
p ain.
The historical society has received from various residents a
number of the original acorn top globes which are presently in
storage. In the City of Antioch, the downtown streets were
completely redone with pole fixtures and fiberglass reproductions
of these older acorn shaped globes. Further, in Antioch, these
standards were placed approximately 60 feet apart as opposed to
the much broader spacing that exists with the existing standards
in our downtown area.
I have requested Paul Sensibaugh to look into the
possibility of relighting Atascadero's bridges and to check into
the particulars of the lighting district to determine the
viability of restoring the original lighting district with
contemporary globes and standards. I have also contacted Wayne
Cooper, local PG&E representative, to determine what is available
through PG&E as far as "non-typical" historical light standards
and globes on the order of what has been employed in communities
such as Antioch.
I would strongly urge that the committee incorporate into
its final plan restoration of historical period lighting in the
order of that envisioned by E.G. Lewis.
I would suggest consideration be given to the restoration of
pre-existing residential- lighting in the vicinity of Palma, El
Camino Real and Traffic Way using the existent poles and
reproduction of fiberglass acorn fixtures I would further
suggest that additional poles and lights be added for proper
effect. Ideally, if that type of light was re-instituted within
_ the entire special design district, it would take advantage of
the existing wiring and would set that special design district
apart and create a sense of uniqueness for the downtown area at
what foreseeably would be a rather modest cost. Further, I would
suggest that consideration be given to the installation of multi-
globe period lighting in the vicinity of the 'memorial building
and the sunken garden area in accord with E.G. Lewis's plan or,
as a more modest cost alternative, using the' conventional
standards with acorn lights in greater numbersinthat area.
Possibly, the more ornate, multi-globe lights could be
restricted to the area of the fountain in the sunken gardens and
certain locations within the immediate vicinity of the memorial
building or in areas next to the creek way.
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Many communities , in an effort to revitalize their
downtowns, have to "create" historical design elements that never
existed. In this community, we are fortunate in that we have a
rich history of design and planning to draw from. In essence,
what we would be doing is fulfilling, to a large degree, the
original plan for our downtown area.
The enclosed photos and information will hopefully be of
some assistance in evaluating the alternatives for lighting in
the downtown area as well as how E.G. Lewis envisioned the
downtown lighting. I would strongly urge that you address this
important subject very specifically in your final downtown plan.
ROBERT LILLEY
City Councilman
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