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HomeMy WebLinkAboutMinutes 052488 AGENDA � MN4-q, IT END!d:.L (MINUTES APPROVED BY COUNCIL, AS WRITTEN, 6/14/88) ATASCADERO CITY COUNCIL MINUTES MAY 24, 1988 The regular meeting of the Atascadero City Council was called to order at 7:30 p .m. , followed by the Pledge of Alle- giance. ROLL CALL All Present : Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Staff Present : Bill Hanley, Int . City Mgr . ; Jeff Jorgensen, City Atty. ; Henry Engen, Commun. Dev. Dir . ; Paul Sensi- baugh , Pub . Works Dir . ; Mike Hicks, Fire Chief; Bud McHale, Police Chief; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENTS Mayor Norris announced that Council met in closed session prior to this meeting regarding personnel negotiations. Councilman Handshy apologized for being absent the past two meetings due to being away from the City for business reasons. Councilwoman Mackey noted the Grand Opening of the new library last Saturday. Councilwoman Borgeson relayed the League of CA Citiesisre- questing that cities express opposition to SB 956 (which authorizes the State to withhold housing funds from cities ) , and she urged communication to legislators Maxine Waters and Assem- blyman Eric Seastrand . COMMITTEE REPORTS - None COMMUNITY FORUM Stan Sherwin, 6649 San Gabriel , commented on the need for im- proved tennis courts at AHS (additional lighting and courts) , urging that Council work with the schools and consider this need during budget hearings Wally Dunn, resident , urged Council ' s support regarding Mr . Sher- win ' s comments. 1 Ernie Perlich , resident , noted plans for the construction of a coal-fired plant just south of Lockwood , estimated to produce hundreds of tons of pollutants, and he urged Council support the Board of Supvrs. regarding this concern; he provided Council- members with copies of newspaper articles pertaining to this issue. Mayor Norris requested that staff research and prepare a resolution in opposition to the proposal. Lois Dunn, resident , urged Council ' s support of the Atas. Tennis Club and that the City provide for additional courts. I . I Terril Graham, resident , expressed support for tennis but sug- gested lights be- "pay" }ights.-- He also requested clarification from the City Atty. about regulations pertaining to the posting of political signs in the public right-of-way, to which both Mr . Jorgensen and Mr . Sensibaugh , Pub . Wks. Dir . , responded . A. CONSENT CALENDAR 1 . Approval of the May 10, 1988 regular Council Minutes 2. Approval of the April , 1988 Treasurer 's Report 3. Approval of the April , 1988 Finance Department Report 4. Approval of TPM 6-88 - 8485 E1 Corte Rd. - Subdivision of 5.0 ac. into three parcels of 1 .70 1 .7 and 1 .6 ac. - Rob- inson/Twin Cities Engin. 5. Denial of claim by Chubb Group Insurance on behalf of Jane Bettencourt - Property damages - Undetermined amount 6. Denial of claim by Cal Farm Insurance on behalf of Craig Prescott Personal & property damages - Undetermined amount 7. Authorization to begin recruitment process for four Park & Recreation Commissioners with expiring terms e. Acceptance of Final LLA 15-87 - 9300 Carmelita - Hickman/ Holland/Cuesta Engineering 9. Acceptance of Final LLA 18-87 - 5505/5599 Traffic Way - City of Atascadero Councilwoman Borgeson pulled Item A-4 for discussion. Motions By Councilman Bourbeau to approve Items A1-9, minus #4, seconded by Councilwoman Borgeson; passed unanimously by roll-call . Re: Item 4: Mr . Engen, Comm. Dev. Dir . , gave staff report . Councilwoman Borgeson commented on staff report having indicated 2 I I the proposed parcels will exceed the maximum 3 to 1 depth to width ratio as stated in the Subdivn. Ord. ; she also expressed opposition to development due to the steepness of subject lot . Mr- Engen responded to questions. Public Comment Russ Thompson, Twin Cities Eng . , spoke on behalf of the applicant in support of this proposal . George Luna, resident , urged assurance that there won ' t be any problems with respect to tree removals, that there will be adequate space for septic_____systems and a house, and no problems from grading on the proposed 3 lots. Motion: By Councilman Bourbeau to approve TPM 6-88 with the conditions attached to staff report , seconded by Councilwoman Mackey; passed by 4: 1 roll-call , with Councilwoman Borgeson opposed . B. HEARINGS/APPEARANCES/REPORTS 1 . Report on Luna appeal of Davis tree removal - Request for $100 refund (Cont 'd from 5/10/88) Mr . Engen, Commun. Dev. Dir . , gave staff report . Public Works George Luna, appellant , in support of refund request , noted this appeal was submitted 7 days into what should ' ve been a 14-day appeal period and an injustice was done since the trees were already removed . Terril Graham, resident , expressed his feeling that citizens are discouraged from appealing actions within their interest and that it ' s economically difficult to address the Council . Barbara Schoenike, resident , spoke in support of the requested $100 refund . George Highland, resident , in feeling the Luna ' s paid for a pro- cess that wasn ' t granted , urged return of the appeal fee based on integrity. Stubby Fasig , resident , expressed the appeal fee should not have been accepted by the City if it could not prevent subject trees from being removed . Motion: By Councilwoman Borgeson to direct staff to refund the $100 appeal fee to the Luna ' s and offer an 3 apology, seconded by Councilman Bourbeau; passed unanimously by roll-call . 2. 1988 Weed Abatement Program A. Public hearing regarding abatement appeals B. Auth. award Bid #88-4 to Young Brothers Const. - City- wide weed abatement contract (tractor work) C. Auth. award Bid #88-4 to Lloyd 's Lawn & Garden Care - City-wide weed abatement contract (handwork) Mike Hicks, Fire Chief, gave staff report . He indicated that Lloyd' s Lawn & Garden Carehaswithdrawn their bid for handwork , and staff recommends award of bids for both hand and tractor work to Young Bros. Const . Public Comment Terril Graham, resident , feels specific abatement requirements per individual homeowner should be provided . A resident of 10455 San Marcos Rd . , supported the comments of the previous speaker . Robert Nimmo , resident , noted that he received a number of weed abatement notices which include adequate information provided by staff. Motion: By Councilman Bourbeau to award the weed abatement contract , Bid #88-4, including both hand and tractor work , to Young Bros. Const . , seconded by Councilwoman Borgeson; passed unanimously by roll- call . Motion: By Councilwoman Mackey that the Fire Chief or his authorized representative be ordered to abate the nuisance of noxious or dangerous weeds on the lots identified in and pursuant to Res. 28-88, seconded by Councilman Bourbeau; passed unanimously. 3. Lewis Ave. Bridge (Cont 'd from 5/10/88) A. Discussion regarding bridge alignment B. Auth. to enter into design agmt. w/John Wallace & Assoc. for Lewis Ave. Bridge Vehicular & Pedestrian Contracts - $56,000 (Conceptually approved at the 4/26/88 Council meeting) (Cont 'd from 5/10/88) C. Auth. to enter into design agmt. w/Tartaglia-Hughes for Lewis Ave. Bridge Street Connection Contract - $59485 (Conceptually approved at the 4/26/88 Council Meeting) (Cont 'd from 5/1Q/88) 4 Mr .--Sensibaugh ,- Pub . Works Dir . , gave staff report , reviewing at length the alternatives discussed by staff, Council and the AUSD Board at the special meetings held regarding this issue. Public Comment Rollin Dexter , resident , spoke in support of a bridge alignment which is in concurrence with the Gen. Plan, expressing public safety concerns and strong opposition to the "S" curve alignment being proposed . George Highland , resident , expressed opposition to the "S" curve feeling it will create additional traffic congestion, rather than relieve it . Bob Lilley, resident , expressed opposition to this proposal , sup- porting an alignment which meets the goals of the original Gen. Plan commitment to relieve the circulation problem in a cost effective way. . Ernie Taylor , 7650 Carmelita, speaking as a citizen rather than a representative of the School District , noted the prior meetings held for discussion of this issue and that ample time was pro- vided in hopes for public input , of which there was practically none. He referred to (3) candidates ' comments on this as " 11th hour hue and cry" . Robert Nimmo , resident , noted his attendance at the special Council/AUSD meetings, recalling he was the only public member present to express his opposition to the proposed realignment . He noted , after becoming informed , that he has accepted the com- promise reached between the two entities and wonders what this meeting is about . Barbara Reiter , resident , urged that the Palma Ave. entrance to the Admin. Bldg . remain designated as the front of the building . She supports a Palma Ave. , straight line alignment, opposing the "S" curve. She also inquired about the width of the bridge, to which Mr . Sensibaugh responded , Doug Lewis, expressed concern that no mention has been made of the possible ultimate relocation of the Fire Dept . Gaylen Little, a co-owner of Century Plaza, expressed support for the proposed configuration, noting his same input at the special meetings. Lengthy Council and staff discussion ensued . Mr . Jor9ensen, City Atty. , emphasized that the current recommen- dation is the result of a compromise with the School District , which is not willing to accept a straight alignment . As long as 5 r this is so , the City ' s options to require a straight alignment are extremely limited . Motion: By Councilwoman Mackey that Council accept the proposal from John Wallace & Assoc . for the vehi- cular bridge and pedestrian bridge in the amount of $56,000, and the proposal from Tartaglia-Hughes for the street connection in the amount of $5,485, for a total expenditure of $61 ,485. Motion sec- onded by Councilman Handshy; passed by 4: 1 roll- call , with Councilwoman Borgeson opposed . COUNCIL RECESSED FOR A BREAK FROM 9:40 TO 9:50 P.M. 4. Proposed ZC 7-88 & LLA 1-88 - 7445 Cortez Rd. - Larson/Twin Cities Eng. A. Public Hearing B. Approval of Tentative LLA 1-88 C. Ord. 173 - Revising the existing LS (Special Recrea- tion) zoning to RSF-Y (Residential Single Family, 1 ac w/sewer, 1-1/2 ac. w/out sewer (FIRST READING Mr . Engen, Commun. Dev. Dir . , gave staff report . Public Comment Russ Thompson, Twin Cities Eng . , requested Council approval as ort . staff 's re stated inp Motion: By Councilwoman Borgeson to read Ord . 173 by title only, seconded by Councilwoman Mackey; passed unanimously by roll-call . Mayor Norris read Ord . 173 by title. Motion: By Councilman Bourbeau that this constitutes the first reading and approval of Ord . 173, seconded by Councilwoman Borgeson; passed unanimously by roll-call . Motions By Councilwoman Mackey to approve LLA 1-88 subject to the findings and conditions of approval and approval of ZC 7-88 as outlined in Ord 1.73, sec- onded by Councilwoman Borgeson; passed unanimous- ly by roll-call . 5. Report on zoning nuisance abatement alternatives Mr . Engen, Commun. Dev. Dir . , gave staff report . 6 Public Comment Doug Leeds, resident , requested _ that the City not escalate its powers to enter private property and disregard privacy. Mike Arrambide, resident , commended staff for coming up with the nuisance abatement procedures. He expressed concern with the disposition of impounded property, feeling there may be concern with the value of property and how it should be disposed of once it ' s procured . Motion: By Councilwoman Borgeson to refer the matter of nuisance abatement to budget study sessions, at which time it can be determined whether an account should be established to enforce nuisance abate- ment with costs to be recouped through charges of liens against properties found in violation of City codes, seconded by Councilman Bourbeau; passed unanimously. b. Report on Vista Rd. - Proposed development and impacts to San Marcos Rd. Mr . Engen, Commun. Dev. Dir . , gave staff report . Public Comment Mike Arrambide, Del Rio Rd . resident , expressed frustration of residing on a non-City-maintained street used as right of way to newly developed areas beyond them, noting that such residents have full liability for those roads. He urged that Council con- sider the precedent-setting implication of this proposal . Dr . Quinten Kopp , San Marcos Rd . 'resident , seconded the comments of the previous speaker that Council accept staff ' s suggestion to reduce the number of lots and increase their size, both for aesthetic and septic disposal reasons, and that serious consideration be given to adding another exit from 3-F Meadows to Hwy. 41 due to fire hazard . Ursula Luna, San Marcos Rd . resident , supports the comments of the previous speaker that the developer be required to join the street maintenance district that the residents of 3-F Meadows are attempting to form, feels that proposed tree removals are not necessary and urged Council to walk the entire length of the road to insure responsible development of this project , noting that she is not opposed to it . James Thomas, Vista Rd . , expressed concern about increased road liability resulting from this project and supports a requirement 7 that ,the developer join in a maintenance district ; also supports an additional access from subject area to Hwy. 41 . Lydia Kellerman, resident , noted the steepness of subject area and expressed concern about potential erosion from tree removals. Barbara Reiter , San Marcos Rd . resident , noted that subject. ten- tative tract map has a deadline of tomorrow (after 3 extensions) , asking if allowing this to occur would force the applicant to resubmit with better-designed roads as well as pay development fees. Mr . Engen responded that the Map Act has a provision that as _long as the final map package has been submitted and is in process, it ' s exempt from the deadline. Glen Lewis, Vista Rd . resident , expressed support for concerns expressed by the previous speakers and inquired about required standards for the proposed road , to which Mr . Sensibaugh re- sponded . John Cole, resident , expressed concerns about potential tree re- movals and urged Council and staff consideration in this regard . Dorothy McNeil , Sierra Vista Rd . resident , noted the steepness of the area where tree removals are proposed . Council and staff discussion followed relating to the City ' s powers with respect to denial of a final map . Motion: By Councilwoman Borgeson to accept staff report and direct that staff take whatever steps are available for redesign of the road to mitigate the requirement for tree removals, seconded by Councilwoman Mackey; passed unanimously. C. UNFINISHED BUSINESS 1 . Presentation of re-bid results - City surplus property loc- ated on Traffic Waw (cont'd from 3/22/88) Mr . Hanley, C. Mgr . , gave staff report . There was no public com- ment . Motion: By Councilwoman Borgeson to accept staff recom- mendation to reject all bids and authorize the City Manager to negotiate with Mr . William Car- roll for a possible purchase price which more closely reflects appraised value. Motion sec- onded by Councilman Bourbeau; passed unanimously. 8 2. Report on Proposed North County Govt. Center (cont 'd from 5/10/88 Mr - Hanley, C. Mgr . , gave staff report , reviewing draft of -letter (authored by Mr . Engen) included in agenda packet . There was no public comment . Motion: By Councilman Bourbeau to direct that the Mayor forward the letter and appropriate material to appropriate County officials, seconded by Coun- cilwoman Mackey; passed unanimously. Motion: By Councilwoman Borgeson to continue the meeting past 11 :00 p .m. , seconded by Councilman Bourbeau; passed 4: 1 , with Councilman Handshy opposed. 3. Police facility/Design agmt. (cont 'd from 5/10/88) Mr. Hanley, C. Mgr . , gave staff report , recommending approval of the proposed agreement Public Comment Mike Arrambide, resident , expressed his hope that the Beno ' s re- model comes to pass with "the minimum of heat" from the public . Motion: By Councilman Bourbeau to authorize the Mayor to enter into the proposed agreement with Ross, Levin, MacIntyre & Varner for an amount not to exceed $72,825, seconded by Councilwoman Borgeson; passed by 4: 1 roll-call', with Councilman Handshy opposed . Mr . Jorgensen, City Atty. , noted that escrow for the purchase of the property is expected to close July 29th , sooner than origin- ally anticipated . 4. Atascadero Lake Park A. Report by the Atas. Lake Park Property Acquisition Committee B. Auth. for preliminary property acquisition negotiations for Lots 1 ,2, 32 & 33 of Blk. JC (Morro Rd./Amapoa) Mr . Hanley, C. Mgr . , gave staff report . There was no public com- ment . Motion: By Councilwoman Borgeson to approve staff recom- mendation, authorizing staff to begin preliminary negotiations with Mr . Eugene Mumford toward the 9 eventual purchase of the properties in the 9000 block of Morro Rd . & Amapoa Ave. (Lots 1 ,2 & 32 of Block JC, City of Atascadero ) , seconded by Coun- cilman Bourbeau; passed unanimously by ro.11_-call . D. NEW BU5INE5S 1 . Res. 36-88 - Re-appointment of two members of the Bldg. & Construction Board of Appeals (Michael Bewsey & David Grum- mit) I Mr . Engen, Commun. Dev. Dir . , gave staff _report . There was no public comment . Motion: By Councilman Handshy to accept staff recommenda- tion and reappoint Michael Bewsey & David Grummitt to the Bldg . & Const. Board of Appeals, seconded by Councilwoman Mackey; passed unanimously by roll-call . 2. Proposed City policy regarding disposal of City surplus property and purchasing of same by employees Mr . Bramble, Adm. Svcs. Dir . , gave staff report . There was no public comment Motion: - By Councilman Bourbeau to adopt staff recommenda- tion and authorize the preparation of an ordinance using the guidelines outlined in staff report for the disposition of City-owned property and to amend _Ord ., No . 85 (disposal of unclaimed property) in accordance with Council policy on employees purchasing said property. Motion seconded by Councilwoman Mackey; passed by 4: 1 roll-call , with Councilwoman Borgeson opposed . Mayor Norris noted that Friday is Mr . Bramble' s last day with the City and thanked him for his services. 3. Chandler Ranch area proposed road maintenance district Mr . Sensibaugh , Pub . Works Dir . , gave staff report . Public Comment Gaylen Little, spokesman for Chandler Ranch , spoke in support of this request for acceptance to the City maintenance system. Sarah Gronstrand , resident , requested clarification on how the cost spread involved in this proposed formation compares with 10 I I that of the formation of the Las Encinas district , to which Mr. Sensibaugh responded . Mike Arrambide, resident , requested assurance that the streets will be accepted if improvements are per City standards, expres- sing concern regarding liability. Nina Bunyea, Chandler Ranch resident , asked cost-related ques- tions, to which Mr . Sensibaugh responded , noting that the cost is an estimate based on estimated construction costs to bring the streets to City standards. Discussion came back to Council and staff. Motion: By Councilwoman Borgeson that Council receive the submitted petitions and direct staff to bring back a Resolution of Intention and a Boundary Map after the budget hearings, as recommended by staff, and authorize staff to begin preliminary discussions with bond counsel concerning appropriate funding mechanisms. Motion seconded by Councilwoman Mac- key; passed unanimously by roll-call . E. INDIVIDUAL DETERMINATIDN City Council - Mayor Norris noted that Mr . Gibbons had requested to address Council but was not present earlier : Mr . Gibbons, representing Babe Ruth Baseball , noted being upset by the receipt of a letter from Mr . Best , Parks & Rec . Dir . , which expressed a question as to the legality of Babe Ruth ' s intent to charge admission fees to its tournament to be held this July. Mr . Hanley requested that Mr- . Gibbons contact him to discuss the matter . MEETING ADJOURNED AT 12:05 A.M. MINUTES RECORDED BY: 110 BOYD C. SHARIT2, Cit erk PREPARED BY : CINDY WILKINS, Dep . City Clerk �l