HomeMy WebLinkAboutMinutes 062888 4LEETM�.� WTEA
(* MINUTES APPROVED BY COUNCIL,
AS WRITTEN, 7/12/88)
ATASCADERO CITY COUNCIL
MINUTES
JUNE 28, 1988
The regular meeting of the Atascadero City council was called to
order at 7:34 p.m.
ROLLCALL
All present Councilmembers Borgeson, Bourbeau,
Handshy, Mackey and Mayor Norris
JUNE 7, 1988 ELECTION:
City Clerk Boyd Sharitz presents the certification of the June 7,
1988 election, via Resolution 43-88, provided by the
San Luis Obispo County Elections office.
MOTION: Councilmember 'Bourbeau moves approval of the
Resolution 43-88; Councilmember Mackey'
seconds; Motion carries unanimously
The City Clerk, swears in new Councilmembers Rollin Dexter,
Alden Shiers, and Robert Lilley, which is followed by a round of
applause.
Appreciation of Dedication Plaques are given to exiting
Councilmembers Bourbeau, Handshy, and Norris
CITY COUNCIL COMMENTS:
Comments of thanks and recognition are exchanged between
Councilmembers to exiting members.
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MAYOR AND MAYOR PROTENPORE POSITIONS:
MOTION Councilmember Shiers nominates Councilmember
Borgeson to the Mayor position; Councilmember
Dexter seconds; Motion carries unanimously
MOTION: Councilmember Lilley nominates Councilmember
Dexter as Mayor Protempore; Councilmember
Borgeson seconds; Motion carries unanimously
MAYOR POSITION TERM:
it is noted that Council has previously taken actions providing
for one and two year terms of the Mayor position and
clarification is needed at ,this time.
MOTION: Councilmember'Mackey moves to approve a 1-year
term to the Mayor position; Councilmember Lilley
seconds; Motion carries unanimously.
COMMITTEE REPORTS:
City/School Committee - City Manager Hankey summarizes items of
discussionat a recent meeting related to school children' s
routes to school and a Santa Margarita After School Program with
City participation.
Traffic Committee Councilmember Mackey states that several
traffic sign locations will be presented to Council in the near
future.
Pavilion Committee Mayor Borgeson requests a proposal from the
Pavilion Committee related tofuture disposition of the building
at an early Council Meeting. Mayor Borgeson clarifies to
Councilmember Lilley that two Councilmembers are presently on the
committee and a third (Lilley) would not be appropriate, as it
would constitute a quorum.
Atascadero Lake Park Committee A report is requested to be
presented to Council for action soon.
Mayor Borgeson states there is a need to review the City's ad hoc
committees and representation by Council on these committees in
the near future. `
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`COMMUNITY FORUM:
Ms. Dorothy Smith offers her services regarding implementation of
the BRA Report Section regarding Artists and Craft Makers to
attract tourists, and suggests the formulation of an ad hoc
committee to address such matters.
Community Development Director Henry Engen is requested by
Council to discuss the above with Ms. Smith.
CONSENT CALENDAR:
1. - Approval of the June 14, 1988 Regular Council Minutes
2. Approval of the May, 1988 Finance Department Report
3 Approval of the May, 1988 Treasurer's Report
4. Resolution 46-88 Approval of a Three Year Contract
with Glenn, Burdette, Phillips and Booker - City Audit
Services (Conceptual approval from the 6/14/88 Meeting)
5 Authorization for Temporary Road Closure - Portola "Road,
from Morro Road to Marchant Babe 'Ruth Tournament -
July 23-30, 1988, at Various Times
6. Acceptance of Final Lot Line Adjustment 12-87 , 7503
Carmelita/7505 Curbaril Bench/Stanley/Central Coast
Engineering (Cont'd from 6/14/88 Council Meeting)
7. Authorization for a Public Auction for Unclaimed Property by
the Atascadero Police Department
8. Approval of a Two-Year Grounds Maintenance Contract with
Frank Grin Mowing Service (Conceptually Approved 6/14/88)
Cont'd from 5/10 & 6/14/88) ;
9. Approval of Revised California Mens Colony Contract for
Fiscal Year 1988/89
10. Resolution 44-88 - Approval of Adjustment to the Development-
Fees, Adopted in City Ordinance 119, According to the
Consumer Price Index Increase
11. Acceptance of Final Parcel ap 5-88 - 7450 Santa Cruz Road
Las Encnas/Cuesta Engineering
12. Authorization to Continue Contract Employment Agreement for
John Le Sage Temporary Full-Time Building Inspector
Position
13. Authorization to Continue Contract Employment Agreement for
Eric Porter; Temporary Full-Time Assistant Planner Position
14 Acceptance, of Final Parcel Map 5-88 - 4555 El Camino Real
Hull/Volbrecht Survey
Item 4 (Audit. Contract) is removed from the Consent Calendar by
Councilmember Lilley and Item 8 (Grounds Maintenance Contract) by
Mayor Borgeson for further discussion.
MOTION: Mayor Mackey moves approval of the Consent
Calendar Items, except Items 4 and 8;
Councilmember Lilley seconds; Motion carries
unanimously
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ITEM 4 APPROVAL OF A THREE-YEAR CONTRACT WITH GLENN,
BURDETTE, PHILLIPS AND BOOKER - CITY AUDIT SERVICES
(Conceptually approved at the 6/14/88 Council
Meeting)
The proposals received by the City are reviewed, showing the
Glenn, Burdette, Phillips and Booker proposal being $20,000 more
than the Robert Moss Accounting proposal over three years.
City Treasurer Gere Sibbach notes that the Moss Accounting firm
have provided service to the City for the past eight years and it
wasfelt that there was a real need for a new auditfirm Hours
provided was also considered as a factor for the-choice -made-by
the Audit Committee.
City Attorney Jeff Jorgensen and City Manager Hanley clarify the
common practice of government agencies to utilize auditors for
short terms because of the use ofpublic funds,_ and the reduction
of routinizing procedures developed by long term involvement.
MOTION: Councilmember Mackey moves approval of
Resolution 46-88; Awarding the Three-Year Audit
Contract to Glenn, Burdette, Phillips, and Booker;
Councilmember Shiers Seconds; Motion carries 4-1
(Councilmember Lilley opposed)>
ITEM 8 APPROVAL OF TWO-YEAR GROUNDS MAINTENANCE CONTRACT WITH
FRANK GRIN MOWING SERVICE (Conceptually approved
6/14/88) (Cont'd from 5/10 & 6/14/88)
Park and Recreation Director Robert Best states that the
Contractor has complied with all requirements related to
obtaining a City Business License, insurance, etc.
It is noted that a 30-day contract discontinuance clause is
_ provided in the contract if Council should desire to discontinue
service.
MOTION: Councilmember Mackey moves approval of the Two-
Year Mowing Contract with Frank Grim Mowing
li Service for $31,142 per year; Councilmember Lilley
seconds; Motion carries 4-1
(Mayor Borgeson opposed)
ITEM B-1 LICENSE AMENDMENTS (Cont'd from 6/14/88)
A. PUBLIC 11RARING
B. ORDINANCE AMENDING ORDINANCE 138, BUSINESS
LICZX- QX ORDINANCE, AND CENTRALIZING THE
ADMINISTRATION IN THE CITY FINANCE DEPARTMENT
FIRST READING
City Manager William Hanley states that the City Clerk's concerns
at the last Council Meeting regarding administration have since
been resolved.
There was no public comment received.
MOTION: Councilmember Dexter moves to read Ordinance
174 by title only; Councilmember Mackey seconds;
Motion carries unanimously'
MOTION: Councilmember Mackey moves to approve Ordinance
174, as a first reading; Councilmember Shiers
seconds; motion carries unanimously
B-2 GENERAL PLAN AMENDMENT 2C-88 AND ZONE CHANGE 9-88
9500 EL CAMINO RE CENTRAL COAST CAPITAL CORPORATION
& NORTH COAST ENGINEERING` PORTION CITY INITIATED) :
A. PUBLIC HEARING
B. SOL TON -88 -' APPROVING AN AMENDMENT TO THE LAND
USE DESIGNATION OF THE CITY GENERAL PLAN FROM RETAIL
COMMERCIALTO PUBLIC
C ORDINANCE 176 - AMENDMENT TO THE CITY ZONING NAPS FROM
COMMERCIAL TOURIST TO COMMERCIAL RETAIL AND PUBLIC
FIRST READING
Community Development Director Henry Engen reviews the history of
this proposal, which encompasses a total of 7 acres to be
consolidated into a single development site. The City has since
added the area of the Post Office (adjacent) to be included.
The Planning Commission recommended approval of the above
proposal by unanimous vote.
Councilmembers Mackey and Shiers voice concerns with the loss of
Commercial Tourist Zoning, with Councilmember Lilley having
concerns regarding the newly constructed Post Office and its
effect on Commercial Tourist Zoning.
James Samson, Central Coast Capitol Corporation representative,
reviewed the differences in the General Plan designation and
zoning incompatibility affecting the property in question, and
their desire to remove the now small retail uses to provide a
5
acre retail complex under one ownership. Mr. Samson requests a
continuance of Council's decision if it is their pleasure to deny
the proposal in order to provide additional information as to a
specific development.
Public Comment: Mr. Fred Frank, Graves Creek resident, feels
there is a need to utilize the existing zoning in the downtown
area and, if approved, this project would impact the downtown >
area.
MOTION: Councilmember Mackey moves continuance of this
item for 30 days to provide additional information
on a__specific_ development proposal,_ Councilmember
Lilley seconds; Motion defeated 3-2
(Councilmembers Dexter, Shiers & Borgeson opposed)
MOTION: Councilmember Shiers moves approval of Resolution
41-88 (Exhibit C) (changing the land use desig-
nation on the Post Office only) ; Councilmember
Mackey seconds; Motion carries unanimously
MOTION: Councilmember shiers moves to read Draft Ordinance
(Exhibit D) by title only; Councilmember Mackey
seconds; Motion carries unanimously
MOTION Councilmember Dexter moves approval of Draft
Ordinance (Exhibit D) (First Reading) ; Councilmember
Shiers seconds; Motion carries
4-1
(Councilmember Lilley opposed)
B-3 GENERAL PLAN AMENDMENT 2Z-88 AND ZONE CHANGE 11-88
11455 `VIEJO CAMINO - KANKIZWICZ (HARCOURT) t
A. PUBLIC HEARING
B. RESOLUTION -88 -- APPROVING AN AMENDMENT TO THE
LAND USS DESIGNATION OF THE CITY GENERAL PLAN FROM
SUBURBAN SINGLE FAMILY TO LOW DENSITY MULTIPLE
FAKILY AND INCLUSION INTO THE URBAN 'SERVICES DIST.
C ORDINANCE 177 AMENDMENT TO THE CITY ZONING MAPS
FROM RESIDENTIAL SUBURBAN, FLOOD HAZARD OVERLAY TO
RESIDENTIAL MULTI FAMILY RMF10 FH FLOOD HAZARD
OVERLAY FIRST READING
Community Development Director Henry Engen states that the City
Planning Commission approved the above proposal on a 6-0 vote
with, a density of 10 units per acre and a probable maximum of 29
units allowed (5 .3 units per acre) .
Pubic Comment - Applicant Tom Kankiewitz feels that the property
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presently is inconsistent with its surrounding land uses and not
suitable for a rural life style.
Mr. Gary Harcourt, applicant representative, concurs with staff' s
recommendation to approve the above proposal, and feels the
change will be more compatible with adjacent land uses.
MOTION: Councilmember Dexter moves approval of Resolution
42-88 Councilmember Shiers seconds; Motion
carries unanimously
MOTION: Councilmember Dexter moves approval to read
Ordinance 177 by title only; Councilmember
Mackey seconds; Motion carries unanimously
MOTION: Councilmember Lilley moves approval of Ordinance
177, first reading (with amendment to RMF/10) ;
Councilmember Mackey seconds; Motion carries
unanimously
C-1 ATASCADERO SCHOOL DISTRICT REQUEST FOR AN ATASCADERO CITY
RECREATION DEPARTMZNT SPONSORED "AFTER SCHOOL PROGRAM"
AT SANTA MARGARITA SCHOOL (CONT'D FROM 6/24/88)
The Atascadero School District has requested the City's services
in providing an after school program in Santa Margarita
Park and Recreation Director Robert Hest states that the City
could accomodate the School District' s request with minimal
funding of approximately $300 for program organization including
approximately 14-20 manhours involved. Once organized, the
program is self-supportive. Additional insurance costs are not
anticipated.
Atascadero School District Superintendent Anthony _ Avna and
Leslie Haynes, school Board Member, spoke in support of the above
request for the program and acknowledge the need for it.
It is noted that the Santa Margarita School does accept
fluctuating amounts of school children within the city limits of
Atascadero.
Dr. Avina feels that such a program is beyond the scope of the
School District's services and that School District funding for
the program would need to be presented to the PTA.
Public Comment:
Ursula Luna, citizen, questions the City spending monies outside
its jurisdiction due to limited resources:
MOTION: Councilmember Lilley moves approval of the
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School District request for an "After School
Program" at Santa Margarita School;
Councilmember Mackey seconds; Motion carries
unanimously
ITEM C-�2 LETTER OF REQUEST FROM MR. & MRS. W.P. GUIDRY REGARDING
THEIR MORRO ROAD PROPER ADJACENT TO ATASCADBRO LAKE
PARR
Interim City 'Manager William. Hanley recently met with Mr. and
Mrs. Guidry to review the six-year history of their property on
Morro-Road (Lots 4, 5, 29, 30 & 31ofBlock JC) and thedesire
of the 'City to purchase it.
Mr. and Mrs. Guidry are presently discussing selling the
property to another entity. Since the City is presently not
able to purchase it, they have requested written confirmation
stating that the City will not be actively pursuing acquisition
of the lots in question at this time;
It is noted that there is a total of 10 lots with various owners
adjacent to Atascadero Lake Park in which the City has had an
interest in purchasing.
Several Councilmembers voice their anxiety in not being able to
pursue the purchase of the properties.
MOTION: Councilmember Mackey moves to direct the City
Manager to prepare a letter for Mr. and Mrs.
Guidry regarding the City's position;
Councilmember Lilley seconds; Motion carries
unanimously
ITEM C-3 ATA8CADER0 LAKE IMPROVEMENT PROJECTS
Parks and Recreation Director Bob Best states that of the two
proposals received, the low bid by Associated Pacific
Constructors, at $261,500, was $80,000 over the Engineer's
estimate.
Due to the `proposal - results being far over the estimate, staff
feels that the request for proposals should be re-worked with the
aquatic plant aspect as an option.
Councilmember Lilley suggests a possible volunteer community
effort for the aquatic planting aspect.
No public commentwas given on this item.
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MOTION: Councilmember Lilley moves to reject the proposals
submitted and to authorize re-bidding the project
with an option on the aquatic planting aspect;
Councilmember Mackey seconds; Motion carries
unanimously.
ITEM C-4 USE PERMIT RENEWALS - RICHARD OWSWALD, CONCESSIONAIRE:
A. DUCK HuT CONCESSION ATASCADERO LAKE PARK
B. POP'S TACKLE SHOP - ATASCADERO LAKE PARR
Parks and Recreation Director Bob Best states that Concessionaire
Richard Oswald has notified staff that he is not interested in a
month-to-month rental contract proposed for Pop's Tackle Shop.
He would however, be interested in continuing his annual lease
agreement.
It is noted by staff the previous lease agreements for this
concession have had 30-day termination clauses.
MOTION: Councilmember Lilley moves to accept a one-year
lease agreement, with a 30-day termination clause;
Councilmember Mackey seconds;
Interim City Manager Hanley clarifies Mayor Borgeson' s concerns
regarding the concessionaires' previous late lease payments.
Mayor Borgeson feels that Pop' s Tackle Shop should be removed
from the Pavilion Building due to the building' s stability.
MOTION CONT'D: Motion fails 3-2
(Councilmembers Dexter, Shiers and Mayor
Borgeson opposed)
MOTION: Councilmember Shiers moves to give 'a 30-day notice
to vacate the Duck Hut Concession; Mayor
Borgeson seconds; Motion carries 3-2
(Councilmembers Mackey and Lilley opposed)
MOTION: Councilmember Mackey moves to continue to
meeting past 11 :00 p.m. ; Councilmember
Shiers seconds; Motion carries unanimously
A five minute break is observed at this time.
MOTION: Councilmember Dexter moves to continue action on
Pop' s Tackle Shop to the following Council
Meeting; Councilmember Shiers seconds;
(Motion Withdrawn)
9
It is noted that Concessionaire Richard Oswald is not available
for comment at the meeting.
Mayor Borgeson expresses her desire to still retain Pops Tackle
Shop at the lake if it could be relocated out of the Pavilion
Building and directs staff to discuss the alternative with Mr.
Oswald:
NOTE: ACTION ON THE ABOVE MOTION IS POSTPONED TILL
AFTER FURTHER REVIEW OF THIS ITEM AT THE JULY 12,
1988 COUNCIL MEETING (with the 30 day vacation
commencing on July 12 if still desired by Council)
ITEM D-1 RESOLUTION 48-88 - ADOPTION OF THE FISCAL YEAR 1988-89
INTERIM BUDGET AND APPROPRIATING FUNDS THEREOF:
Interim Administrative Services Director David Jorgensen states
that the final budget product is not available for adoption at
this time, thus providing the need for an Interim Budget.
No public comment is given on this item:
MOTION: Councilmember Dexter moves approval of Resolution '
48-88; Councilmember Mackey seconds; Motion
carries unanimously
ITEM D-2 RESOLUTION 47-88 ADOPTING AN ADJUSTED PROPOSITION 4
BASS YEAR LIMIT AND A RECALCULATION OF EACH SUBSEQUENT
YEAR'S PROPOSITION 4 LIMIT THROUGH THE 1988/89 BUDGET
YEAR:
Interim Administrative Services Director David Jorgensen states
that the proceeds of the 1985 tax adjustments made between the
City and County of San Luis Obispo have created a need for
recalculation of subsequent years.
MOTION: Councilmember Lilley moves approval of Resolution
47-88; Councilmember Mackey seconds; Motion
carries unanimously
10
ITEM D-3 RESOLUTION 45-88 ESTABLISHMENT OF THE CITY'S
LIABILITY - :
Interim Administrative Services Director- -David Jorgensen states
that it is the desire of the eight-city Joint Powers Authority to
reduce it' s liability self-insurance retention from $100,000 to
$50,000, as it would provide a savings overall.
MOTION: Councilmember Mackey moves approval of
Resolution 45-88; Councilmember Shiers
seconds; Motion carries unanimously
ITEM $-1 PARK AND RECREATION COMMISSION SETTING DATE FOR
INTERVIEWS AND APPOINTMENTS:
It is noted that fourpositions on the Commission will be
expiring in July and August, 1988. Seven applications have been
received by the City Clerk' s Office
Council sets the interviews for July 12, 1988, beginning at 4:00
P.M. with appointments expected at the Council Meeting
following.
ITEM S-1B PLANNING COMMISSION - SETTING DATE FOR PLANNING
COMMISSIONER INTERVIEWS AND APPOINTMENTS:
Cuncil sets July 15, 1988 as the closing date for applications
and July 21, 1988, beginning at 4 :30 P.M. for interviews.
ITEM E-5-A BUDGET STUDY SESSIONS:
Council sets July 14, 15, and 18 (non-profit organizations) for
special open Council Sessions regarding the proposed City and
Sanitation District 1988/89 Budget sessions.
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It is noted that the present contract has an expiration date of
July 1, 1988, unless extended.
MOTION: Councilmember Dexter moves approval of the one
month extension of the Interim City Manager
employment contract; Councilmember Mackey
seconds; Motion carries unanimously.
Acknowledgement is given to the Police Department employees for
all their efforts with the Webb case and conviction.
Acknowledgement is also given to the Public Works Department and
Police Department personnel involved in the Dial-A-Ride bus
accident involving a falling oak tree.
City Attorney Jorgensen thanks Interim City Manager Bill Hanley
for all his efforts provided thus far.
Council thanks staff for their help in updating the new
Councilmembers on the City business.
The Council meeting is adjourned at 11 :50 p.m.
Submitt d by:
Karen Vaughan
City Manager' s Secretary
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