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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. 1 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. ` 2 `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 3 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 6 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 7 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. 8 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. 11 0 0 I'!aM 2-5-3 aSTa Waw Or M Zllam CIT! MEW= CONMWT - M NNW 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 12