HomeMy WebLinkAboutMinutes 091289 MEq MEWA
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ATASCADERO CITY COUNCIL
MINUTES
SEPTEMBER 12, 1989
The regular meeting of the Atascadero City Council was called to
order at 7:00 p .m. by Mayor Dexter , followed by the Pledge of
Allegiance lead by City Manager , Ray Windsor .
ROLL CALL:
All Present : Councilmembers Shiers, Lilley, Borgeson, Mackey 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; Chief Mike Hicks, Fire
Department ; and Boyd Sharitz , City Clerk .
Maggie Rice from the Chamber of Commerce Office presented City
Manager , Ray Windsor , with a bouquet of balloons in honor of his
one year anniversary with the City of Atascadero .
CITY COUNCIL COMMENT:
Mayor Dexter said he had received a letter regarding MIA ' s and
POW ' s. Beginning on the 15th of September time is to be
dedicated in their honor and remembrance.
COMMUNITY FORUM:
Maggie Rice representing the Colony Days Committee stated that
the annual celebration founding of the City of Atascadero 76
years ago will take place 5 weeks from now. She asked for
support of this event by the purchase of a Colony Day Button.
A. CONSENT CAL9NDARs
1 . AUGUST 22, 1989 CITY COUNCIL MINUTES
2. TENTATIVE PARCEL MAP 10-89l 12500 SANTA ANA ROAD — Request
to allow the subdivision of 10.51 acres into two lots of
approximately 5.26 ac. each. (Master Mortgage Co./Volbrecht
Surveys) .
3. TENTATIVE PARCEL MAP 11-899 905 EL CAMINO REAL — Request to
divide one parcel containing 102.9 ac. into two lots
containing 10.3 ac. and 92.6 ac. (Rochelle/Webb)
4. TENTATIVE TRACT MAP 14-87, 9505 EL CAMINO REAL - Request for
a one year time extension for TTM 14-87 to August 11 , 1990
(Hendrix/Westland Engineering)
5. TENTATIVE TRACT MAP 15-89, 5900 BAJADA - Request to consider
amendment to a previously approved condominium tract map to
allow an addition to Unit #1 (Low/Cuesta Engineering)
6. FINAL PARCEL MAP 17-88, 11200 SANTA ANA ROAD - Acceptance
of Final Parcel Map 17-88, subdividing three parcels
totaling 17.20 acres into four parcels of 4.3 ac. each (Kamm
& Dohan Partnership)
7. RESOLUTION NO 63-89 - INSTALLATION OF STOP SIGN ON AMAPOA
AVE. AT PORTOLA ROAD
B. RESOLUTION NO. 64-89 - ACCEPTANCE OF ALEGRE AVE. INTO THE
CITY MAINTAINED SYSTEM
9. PROPOSED RESOLUTIONS FOR THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE:
A. RESOLUTION NO. 65-89 - PETITIONING THE LEAGUE OF CA.
CITIES FOR THE INTRODUCTION OF STATE LEGISLATION TO
ALLOW STATUTE CITIES TO DETERMINE AND ESTABLISH SPEED
LIMITS ON ROADWAYS WITHIN THEIR CITY LIMITS.
B. RE50L.UTIQN NO. 66-89 - PETITIONING THE LEAGUE OF CA.
CITIES FOR THE INTRODUCTION OF STATE LEGISLATION TO
REQUIRE THE CALIFORNIA DEPT. OF TRANSPORTATION TO
PROVIDE CERTAIN MINIMUM PARTICIPATION FOR THE COSTS OF
STATE HIGHWAY INTERCHANGES.
10. AWARD LAND APPRAISAL CONTRACT TO DENNIS GREENE, M.A. I .
(Formerly awarded to Robert Harrison, M.A. I . )
11 . AUTHORIZATION TO PURCHASE (3) POLICE CARS AS PER F.Y. 1989-
90 BUDGET.
12. RESOLUTION NO. 69-89 - RENEWAL OF ANNUAL CONTRACT WITH
COOPERATIVE PERSONNEL SERVICES.
City Manager , Ray Windsor, asked that items A-8 and A-11 be
pulled from the Consent Calendar .
Councilwoman Borgeson asked that item A-7 be pulled from the
Consent Calendar .
Councilman Lilley asked that item A-9 (b ) be pulled from the
Consent Calendar .
Item A-7:
Staff report was given by Paul Sensibaugh , Public Works Director .
Council discussion followed . Mr . Sensibaugh said he would be
billing the developer for the cost of the stop sign.
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to approve Resolution No . 63-89. Passed unanimously by
roll call vote.
Item A-8 & A-11 :
, City Manager , Ray Windsor , asked for a continuance of Items A-B
and A-11 .
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to continue Items A-8 and A-11 until the next council
meeting . Passed unanimously.
Item A-9 B:
City Manager = Ray Windsor , stated he would like to make a
modification to the actual recommendation. Instead of splitting
it out showing 100% of State involvement in interchanges that
involve two state highways, and 50% where a state highway
intersects with a local highway, we would like to ask for 100%
wherever a state highway is involved in any improvement
involving state facilities. The next to the last paragraph in
Resolution 66-B9 will now read : 100% of the cost of future
improvements to State Highway interchanges and appurtenances
within the State right of way. The last paragraph will be
deleted .
Motion: By Councilman Lilley, seconded by Councilwoman Borgeson
for approval of Resolution 66-B9 with the above
amendment . Passed unanimously by roll call vote.
B.
1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREEn 7100
CRISTOBAL (Mayhew - Digger Pine)
Staff report was given by Henry Engen, Community Development
Director with the recommendation for approval of the tree removal
as recommended by the Arborist , Art Tonneson.
Councilmembers Lilley, 8orgeson and Shiers complimented Lisa
Schicker , City Arborist for a fine report done on this item.
Mayor Dexter asked for Public Comment .
Ann Valentine-AcreV asked where these replacement trees would be
placed . Mr . Engen responded that they will be placed at the rear
of the property, not where the present trees are.
Kenneth Mayhew, applicant , said the new trees will be replaced 90
feet from the house, the present trees are 15 and 20 feet from
the house.
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to approve the tree removal permit request at 7100
Cristobal in accord with staff recommendations.
Passed unanimously.
2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREEn 9210
LAS LOMAS (Brown - Digger Pine)
Staff report was given by Henry Engen, Community Development
Director with the recommendation for approval of the tree removal
as recommended by the arborist , Chuck Scovill .
Councilwoman Borgeson stated that when she visited the site the
tree was not marked with a ribbon. A ribbon isn ' t only for the
benefit of the Council , but for the community as well so that
they are aware that a tree could be removed .
Ann Valentine-Acrey commented asked what type of replacement tree
will be used and where will it be planted . Mr . Engen responded
that it would be a Digger Pine that would be replaced on the rear
of the property away from the structure.
MOTION: By Councilman Shiers, seconded by Councilman Lilley to
approve the request to remove a Heritage Digger Pine at
9210 Las Lomas as recommended by the Arborist . Passed
unanimously.
C. REGULAR BUSINESS:
1 . RESPONSE TO GEORGE HIGHLAND'S QUESTIONS OF 8/22/89 RE: THE
HIRING OF A CITY FORESTER/ARBORIST
Staff report was given by Henry Engen, Community Development
Director .
Council discussion followed .
George Highland commented that what he has brought up has nothing
to do with his position as a Planning Commissioner . He could be
identified as something else, possibly former Councilman or a
long time resident , or ''gadfly'' . This has nothing to do with his
position as a Planning Commissioner . He has a real problem with
the interpretation of the Brown Act . It says in the Public
Comment Section that Council is prohibited from taking action on
anything that is not an agenda item. He feels that this does not
preclude a discussion or explanation, etc . As soon as the
meeting was over three weeks ago , the City Manager and City
Attorney answered the questions of the press and they appeared in
the newspaper the next day. He feels that it should have been
answered at the Council meeting . He does not agree with the City
Manager ' s statement regarding the tree replacement fund as far as
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the City being between Ordinances at this time. There is an
ordinance on the books at this time, and it is in effect . We are
going through revisions of the General Plan now, are we between
General Plans? The Tree Ordinance contains a specific exemption
where the property is too heavily covered with trees. He has a
problem with the way that this is being done. The City can
continue on the way it has or you can stop collecting the
donations until there is proper authorization or you could stop
accepting these "donations" and even go so far as to refund the
donations that have been collected . Or you could pass an urgency
ordinance and make it retroactive. The way it has been done,
some of the credibility of the Council may have been destroyed .
Mildred Coplan representing Atascadero 2000 said the Tree
'Replacement Fund in the Tree Ordinance has merit and few would
argue against the idea but it is alleged that money is being
collected and placed in a tree replacement fund without the
benefit of any rule or ordinance. She does not feel it is
important to know how much money is in that fund , but the
requirement be made legal and open by enacting an ordinance for
such or that the practice cease. Those elected and hired
officials can make the determination as to what to do with the
money that is in the fund that was collected without benefit of
an ordinance requiring it , and or , the elected officials can do
whatever is required to form the ordinance as soon as possible.
Dave Baker , North County Contractors Association, stated that
this fund brings concerns from his constituency. Those in the
building industry have been subject to many different kinds of
fees in lieu of taxation authorization that was preempted by
Prop . 13. They as a group are not opposed to the concept of the
replacement fund . They are concerned that these fees are being
collected without the basis of an ordinance.
Anne Valentine-Acrey, 3518 EI Camino Reel , #221 , Atascadero will
be sent provisions of the Municipal Code dealing with rules of
conduct at meetings by City Attorney, Jeff Jorgensen.
Mr . Highland responded that he is in full support of tree
ordinance, and he can support the tree replacement fund . He has
no problems with it at all , he is only questioning the
methodology.
Mayor Dexter asked that this be referred back to staff. He said
he would appreciate Mr . Highland ' s and Mr . Baker ' s participation
in the items they raised .
Council discussion followed .
City Attorney, Jeff Jorgenson, said the City established a Tree
Replacement Fund and has the authority to do so and has lawfully
establish e fund and that fund was initially established in
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response to mitigation measures required as part of a County
project . There was a donation to the City of $1 ,500 for a County
project and that is what initiate the creation of the replacement
fund . He believes the City has the flexibility administratively
to allow an applicant -- where they would otherwise be required
to put in a replacement tree -- to make a contribution in lieu of
actually planting that replacement tree if they so wish . To the
extent that the City wishes to continue with that policy, that is
supportable. Mr . Highland is raising one question that has
validity, and that is where the arborist has made a specific
finding that the lot is so covered with trees that tree
replacement would not be warranted , then he would agree with Mr .
Highland that there is no current authority to do that. In some
of the instances where there have been contributions made to the
fund, where there have been multiple trees removed , if the City
wishes you have independent authority outside of the tree
ordinance to require mitigation measures when multiple trees are
removed and one of them could be a contribution to the fund . Mr .
Highland has a good point that we ought to clarify the ordinance.
Mark Joseph , Administrative Services Director , responded that
approximately $3,700 is in this fund as of two months ago .
2. STATUS REPORT ON CERTIFICATES OF PARTICIPATION FINANCING-
IMPLEMENTATION (Finance Committee)
Mark Joseph , Administrative Services Director , gave the staff
report . He then introduced Jerry Laster who answered questions
from the Council .
Council discussion followed .
There was no public comment .
It was the consensus of the Council to have the Administrative
Services Director and City Attorney to make modifications to the
proposal and bring this item back at the next Council meeting .
MAYOR DEXTER CALLED FOR A 10 MINUTE RECESS AT 8:40 P.M. MEETING
RECONVENED AT 8:50 P.M.
3. GROWTH MANAGEMENT COMMITTEE:
Staff report was given by Henry Engen, Community Development
Director with the recommendation to approve Resolution No . 67-89
for the City Manager to convey to the County Board of
Supervisors.
Council discussion followed .
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Henry Engen will give Council a quarterly monitoring report .
A. _ CONCERNING THE IMPACT OF THE
PROPOSED S.L.O. COUNTY GROWTH MANAGEMENT SYSTEM ON THE
CITY OF ATASCADERO
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to approve Resolution No . 67-89. Passed unanimously by
roll call vote.
B. FISCAL ANALYSIS STUDY/PLANNING MODEL
Staff report was given by Ray Windsor , City Manager .
Council questions and discussion followed .
There was no public comment .
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MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley
to authorize staff to develop requests for proposals in
order to obtain input on the cost to undertake the
fiscal planning model . passed unanimously.
4. AWARD BIDS FOR SAN ANDRES STORM SEWER PROJECT
Staff report was given by Paul Sensibaugh , Public Works Director
with the recommendation to award the bid to R. Baker in the
amount of $94,24B.50.
MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to
award the bid to R. Baker from Arroyo Grande in the
amount of $94,248.50. Passed by roll call vote 4: 1
with Councilwoman Borgeson voting no .
5. - REDUCTION OF SPEED LIMIT ON A PORTION
OF SANTA LUCIA AVENUE
Staff report was given by Paul Sensibaugh , Public Works Director
with the recommendation that the speed limit be reduced to 25 MPH
on Santa Lucia from Ardilla to Ban Andres.
Council discussion followed .
MOTION: By Councilwoman Borgeson, seconded by Councilwomen
Mackey to approve Resolution No . 62-89. Passed
unanimously by roll call vote.
6. STATUS ON AIR POLLUTION POLICY - MOTOR VEHICLE INSPECTION
PROGRAM
Staff report was given by Paul Sensibaugh , Public Works Director
with the recommendation that Council request the APCB to obtain
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more information on the MVIP considering more refined locations
for determining non-attainment , atmospheric and geographic
conditions for different localities, the target vehicles, a
cost/benefit analysis, and alternatives to the plan.
Council discussion followed with Councilmembers Lilley and Mackey
expressing their concerns that this might have been rushed
through because of a time limit . Councilman Lilley said he is
not convinced that this is the most cost efficient alternative.
MOTION: By Mayor Dexter , seconded by Councilman Shiers to
authorize the City Manager to write a letter indicating
Council has considered the MVIP and gave approval and
express the concerns of the Council regarding cost
effectiveness of this program. Passed by 3:2 vote with
Councilmembers Lilley and Mackey voting no .
7. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/:
B. I .A./J. Stinchfield/D. Smith)
City Manager , Ray Windsor, asked that this item be continued
until the next Council meeting.
8. ATASCADERO LAKE PAVILION REPLACEMENT - STEERING COMMITTEE
SELECTION
The following fifteen members will be serving on the Atascadero
Lake and Pavilion Steering Committee:
Councilmember Alden Shiers
Councilmember Bob Lilley
Chairman Tom Bench , Parks and Recreation Commission
Diana Cooper , Parks and Recreation Commissioner
Anne Marie Kirkpatrick - Member at Large
James Herman - Member at Large
Steve La Salle Member at Large
Will Lewis - Member at Large
Lynn Lochridge - Member at Large
Barbara Combs - Member at Large
A member of the Zoological Society or Zoo Advisory Committee
Recreation Systems, Inc . Representative (Chairman)
A member of the Parks, Recreation and Zoo Staff
Maggie Rice, Chamber of Commerce
Shirley Summers - Member at Large
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
ECONOMIC OPPORTUNITY COMMISSION:
Mayor Dexter reported that he had attended the last board meeting
and also the ground breaking for the Homeless Shelter .
DOWNTOWN STEERING COMMITTEE:
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Henry Engen, Community Development Director , reported that the
group had met last week .
GENERAL PLAN SUBCOMMITTEE:
Henry Engen, Community Development Director , said the
subcommittee met on August 24.
John Himes of the BIA said they are interested in earning money
at the Colony Days for the Street Lighting Project by having a
dunk tank .
INDIVIDUAL DETERMINATION AND/OR ACTION:
CITY COUNCIL:
Mayor Dexter expressed concern of the misspelling of Spanish
names that are being used for street names and said he would be
willing to assist staff with this.
CITY ATTORNEY:
Jeff Jorgensen said he had accepted a position with the City of
San Luis Obispo as their City Attorney effective 11/10/89. He
appreciated the opportunity of having served the City of
Atascadero as the City Attorney.
Councilwoman Borgeson thanked Mr . Jorgensen for his past work and
direction to the City Council . She asked that staff prepare
something that is appropriate for his leaving the City of
Atascadero .
MEETING ADJOURNED AT 9:25 P.M. TO A CLOSED SESSION ON WEDNESDAY
SEPTEMBER 13, 1989 AT 3:00 P.M. IN THE CITY MANAGER'S OFFICE,
ROOM 207, FOR DISCUSSION CONCERNING EMPLOYEE SALARIES AND
BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 54957.6.
MINUTES RECORDED BY:
BOYD SHffRI—TZo CITY CLERK
PREPARED BY:
G I A MIREZg",- ACTING WFPUTY CITY CLERK
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P R O C L A M A T I O N
"MENTAL ILLNESS AWARENESS WEEK"
October 1-7, 1989
WHEREAS, Mental illness is a problem of grave concern and
consequence in American society and is widely, but unnecessarily,
feared and misunderstood;
WHEREAS, More than 10,000,000 people in the United States
are disabled for long periods of time by schizophrenia, manic
depressive disorders and major depression;
WHEREAS, Between 30 and 50 percent of homeless people suffer
serious and chronic forms of mental illness;
WHEREAS, Mental disorders result in staggering economic
costs to society, which are estimated to be in excess of $40
billion annually and include direct treatment and support costs,
as well as indirect costs, such as lost productivity;
WHEREAS, Mental illness is an increasingly treatable disa-
bility with excellent prospects for remedy and recovery when
properly recognized;
WHEREAS, Appropriate treatment of mental illness is cost
effective because it restores productivity, reduces utilization
of other health services and lessens social dependence;
WHEREAS, Individuals with mental illnesses and their fami-
lies have begun to join self-help groups to combat the unfair
stigma of the diseases, support greater investment in research
and advocate an adequate continuum of care from hospital to
community;
WHEREAS, Unprecedented major research developments in recent
years have added new methods and technology to the sophisticated
and objective study of the functioning of the brain and its link-
ages to normal and abnormal behavior;
WHEREAS, Research in recent decades has led to a wide array
of new and more effective somatic and psychosocial methods of
treatment for some of the most incapacitating forms of mental
illness, including schizophrenia, major affective disorders,
phobias, and phobic disorders;
WHEREAS, Recent and unparalleled growth in scientific know-
ledge about mental illness has generated the current emergence of
a new threshold of opportunity for future research advances and
fruitful application to specific clinical problems;
WHEREAS,'Serious mental illnesses such as schizophrenia and
the major depressions are now known to be diseases of the brain
and not caused by individual weaknesses or poor family life;
WHEREAS, Persons with mental illnesses and their families
are stigmatized by the myths and prejudices surrounding mental
illness and are thereby doubly victimized by the illness;
NOW, THEREFORE, BE IT PROCLAIMED, that the Council of the
City of Atascadero is pleased to recognize National Mental
Illness Awareness Week as a way to reduce stigma and promote
understanding of the mentally ill and their families; and
BE IT FURTHER PROCLAIMED, that the City Council commends the
70,000 member families of the National Alliance for the Mentally
Ill (NAMI) who have joined together to support eachotherand
their loved ones and to educate the American people on the plight
of the mentally 111; and
BE IT FURTHER PROCLAIMED, that the City of Atascadero joins.
NAMI in urging the Federal Government to increase appropriations
of the National Institute for Mental Health for research on ser-
ious mental illnesses.
ROLLIN DEXTER, Mayor
City of Atascadero, CA
September 26, 1989