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HomeMy WebLinkAboutMinutes 072688 MEETt AQEI�A (*MINUTES APPROVED BY COUNCIL, AS WRITTEN, 8/9/88) ATASCADERO CITY COUNCIL MINUTES JULY 26, 1988 The regular meeting of the Atascadero City Council was called to order at 7:35 p .m. , followed by the Pledge of Allegiance. ROLL CALL All Present : Councilmembers Dexter , Lilley, Mackey, Shiers and Mayor Borgeson Staff Present : Bill Hanley, Int . City Mgr . ; Jeff Jorgensen, City Atty. ; Henry Engen, Commun. Devel . Dir . ; Paul Sensibaugh , Pub . Works Dir . ; Bud McHale, Police Chief; David Jorgensen, Admin. Svcs. Dir . ; Mike Hicks, Fire Chief; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENT Mayor Borgeson announced that Council met in closed session prior- to the meeting for discussion of labor negotiations. Also announced that Res. 76-88, regarding employment contract for new City Manager, Ray Windsor , will be on the August 9th agenda. Mayor Borgeson announced the appointment of (5) new Planning Com- missioners, following interviews and selection on July 21st (new members to be sworn in at the next meeting of the Planning Com- mission) ; Motion: By Councilwoman Mackey to adopt Res. 64-88, ap- pointing Dennis Lochridge, George Luna, George Highland and Ken Waage to four-year terms , and Geraldine Brasher for the balance of the unex- pired term on the Planning Commission, seconded by Councilman Lilley; passed unanimously by roll- call . n to a two-da Councilwoman Macke reported her recent attendance Y P Y downtown revitalization meeting in Sacramento . Councilman Lilley extended thanks to the outgoing Planning Com- missioners. 1 I COMMITTEE REPORTS Solid Waste Mgmt. Committee Councilwoman Mackey reported on attending a household hazardous waste meeting , where it was suggested that efforts be made to have a County-wide household hazardous waste clean-up within the next year . Police Facility Committee - City Atty. Jeff Jorgensen reported that escrow on the Beno ' s property is due to close tomorrow. Pavilion Committee - Councilman Lilley reported he, Henry Engen, Bill Hanley, Councilman Shiers and Bob Best met and are in the process of formally requesting the cost for demolition of the Pavilion Building, with or without the salvage of the floor . An -- outline of proposed future uses of the site has been distributed to Council for review; it was suggested that a public hearing regarding potential uses be held sometime in Sept . Bicentennial Committee - Councilwoman Mackey reported that this committee is to meet tomorrow. PUBLIC COMMENT Sarah Gronstrand , resident , invited Council to join her in recog- nizing the APD and Chief McHale for their extensive, successful work on the Rainwater Case. Neil New, resident , submitted a petition bearing 60+ signatures requesting correction of current odor-causing conditions at the wastewater treatment plant Leonard Brazzi , resident and local contractor , requested that consideration be given to the City insuring the contractor during III the possible demolition of the Pavilion Bldg . Mr . Hanley, City Mgr . , clarified that the insurance element will be considered when official bids on the project are called for . I George Highland , resident , requested removal of the portion of the meeting rules on the agenda reading , "No person shall be permitted to make slanderous. . . .remarks against any Council Member or staff" , expressing he feels this violates freedom of speech and that Council will ultimately be challenged . Mr . Jorgensen, City Atty. , was requested by Mayor Borgeson to prepare a legal opinion on the subject . A. CONSENT CALENDAR 1 . Approval of the June 289 1988 Regular Council Minutes 2. Approval of the June, 1988 Finance Dept. Report 3. Approval of the June, 1988 Treasurer 's Report 2 0 0 4. Approval of the following resolutions authorizing 1988/89 annual assessment charges for street maintenance districts: a. Res. 56-88 - Lobos Ave. b. Res. 57-88 Sonora/Pinal C. Res. 58-88 - Malaza Ave. d. Res. 59-88 - San Fernando Rd. e. Res. 60-88 - Falda Ave. f. Res. 61-88 - Pinal/Escarpa g Res. 62-88 - Aguila Ave. h. Res. 63-88 - Cayucos Ave. i . Res. 78-ee - Cayucos Ave. (final construction assess. ) 5. Acceptance of Final Parcel Map 36-87 - 8197 Coromar Rd.- Lopus 6. Acceptance of Final Tract Map 45-87 - 8300 E1 Camino Real- Sanders Construction Councilwoman Mackey requested Item A-6 be pulled for discussion. Motion: By Councilman Dexter to approve Items A1-5, sec- onded by Councilwoman Mackey; passed unanimously by roll-call . Re: Item A-6: Councilwoman Mackey expressed her displeasure and protest regarding the removal of 3 oaks trees at subject site. Mr . Engen, Commun. Devel . Dir . , responded that this was part of a precise plan approved last Nov . , for which there was no appeal ; subsequently, the tentative tract map creating the five parcels was approved , and the applicant has essentially met all condi- tions. Councilman Dexter requested expeditious cleanup of construction materials from subject site. Motion: By Councilman Lilley to accept Final Tract Map 45-87, seconded by Councilman Shiers; passed unanimously by roll-call . B. HEARINGS/APPEARANCES/REPORTS 1 . ZC 15-87 and TPM 39-87 - 9240 Vista Bonita Rd. - Yeomans/ Frederick (cont 'd from 7/12/88) A. Public Hearing B. Ord. 180 - Amending the existing RSF-Y and RSF-Z zoning to provide for a planned development overlay, implement a tentative tract map to reorganize the existing six lots, totaling 6.32 ac. , into six lots from 7,260 to 90132 sq ft. , create a new open space ,of 5. 18 ac. and abandon a portion of Vista Bonita Rd. (FIRST READING) C. Approval of TTM 39-87 (description listed above) 3 Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Mike Yeomans, applicant , spoke in support of this proposal , re- iterating his comments at the 7/12/88 Council meeting . Mr . Jorgensen, City Atty. , noted that the City could accept the open space areas in fee, subject to a finding that it was con- sistent with the General Plan. He pointed out the potential for maintenance and liability problems, however , and recommended acceptance of a permanent open space easement in order to relieve the City of those responsibilities. Mr . Yeomans reviewed his discussions with Chief Hicks regarding fire prevention, noting installation of sprinklers around the perimeter of the development is not planned . David Foote, Sedes Landscape, spoke in support of this proposal , feeling this is the best of several alternatives examined with staff. Barbara Schoenike, resident , expressed concern about the impact of increased density at this location and opposition to the grouped setting . John McNeil , resident , spoke to the issue of dedication of the open space, feeling dedication in fee would protect the public in the future; he feels a vote for this project is a vote for in- creased density. Dorothy McNeil , resident , reminded Council that the voters have expressed that they ' re tired of rezones. Ursula Luna, resident , inquired about bond assurances and en- forcement of CC & R ' s, to which the City Atty. responded . He noted that the responsibility of maintaining the CC & R' s (which aren ' t yet written) rests primarily with the homeowners ' associ- ation. Mrs. Luna expressed objection to the tract development appearance proposed and support for open space in Atascadero . Additional Council discussion ensued . Motion: By Councilman Lilley to approve ZC 15-87, waive the reading of Ord . 180 and adopt it on first reading , seconded by Councilwoman Mackey; Mayor Borgeson read Ord . 180 by title. Motion passed 3:2 by roll-call , with Councilman Shiers and Mayor Borgeson opposed . 4 0 0 Motion: By Councilwoman Mackey to approve TTM 39-87 sub- ject to the findings of Exh . I (5/17/88) and conditions of approval of Exh . J (revised 7/26/88 - City Council ) , seconded by Councilman Lilley; passed 3:2 by roll-call , with Councilman Shiers and Mayor Borgeson opposed . 2. Proposed Revenue Sharing and City Budget for Fiscal Year 1988/89 A. Public Hearing B. Res. 80-88 - Adoption of the City of Atas. FY 1988/89 Revenue Sharing Budget and authorizing appropriation of funds thereof C. Res. 79-88 - Adoption of the City of Atas. FY 1988/89 Budoet and authorizing aporopriation of funds thereof Mr . Jorgensen, Admin. Svcs. Dir . , gave staff report regarding revenue sharing funds. There was no public comment . Motion: By Councilwoman Mackey to approve Res. 80-88, seconded by Councilman Dexter ; passed unanimously by roll-call . Mr. Jorgensen gave staff report regarding the 88/89 Budget . He noted an increase (per Council discussions at budget work ses- sions) to the CDD budget of $10,000 for zoning abatement (making total CDD budget $652,938) , making the total Gena Fund Budget $6,069,262. The total amount of all five budgets is $11 , 164,635. Public Comment Sarah Gronstrand suggested that a neighborhood park be developed on a vacant lot across from the new library. Mr . Hanley, City Mgr . , suggested that this item be considered during the Council ' s review and establishment of five-year priorities with the new City Mgr . , noting that there are a number of unfunded capital projects in need of prioritization. (Mr . Jorgensen noted a correction to the Cap . Proj . Fund BudgetunderParks & Rec . : Lake Land Acquisition should read Park Land Acquisition. ) Ron Cappel , representing Atas. Babe Ruth Baseball , submitted copies of request for $8,000 funding for Alvord Field improve- ments, noting late request is due to a misunderstanding of the appropriate time for submitting funding requests. Council discussed this request and consensus was for approval (Mr . Jorgensen noted that the total Gen. Fund Budget amount would now be $6,077,262; the Non-Departmental Budget would be increased to total $318,362) . Council discussed setting a limit on outside organization funding. 5 Motion: By Councilwoman Mackey to approve Res. 79-88, as amended to include the additional funding of $8,000 requested by Babe Ruth , seconded by Coun- cilman Dexter ; passed unanimously by roll-call . 3. 1988 Weed Abatement Program A. Public Hearing - Objections to properties assessed during annual Weed Abatement Program B. Res. 77-88 - Confirming casts of weed abatement and authorize abatement assessments be placed on the Prop- erty Tax rolls Chief Hicks, AFD, gave staff report , noting the Fire Dept . has received no written or verbal protests to date. He added that roughly 6.5% of noticed parcels were abated by the City ' s con- tractor , which reflects steadily increasing compliance. Public. Comment Steve Thompson, expressed the feeling that he was overcharged for abatement of weeds on his property (San Marcos Rd . ) and also ob- jected to posting procedure. Chief Hicks was directed to meet with Mr . Thompson to discuss his concerns. Motion: . By Councilman Dexter to approve Res. 77-88, sec- onded by Councilman Shiers; passed unanimously by roll-call . 4. Status Report on Business License - 9745 Atascadero Ave.- Sherry Fair Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment John McNeil , resident , spoke in support of Mrs. Fair ' s appeal and expressed shock at staff ' s treatment toward her . He noted the excessive amount of staff time spent on this issue. Dorothy McNeil , resident , indicated she has copies of the parking plot plan, which shows ample parking space for four cars, drawn up by the contractor and previously submitted to the Planning Dept . Motion: By Councilman Lilley that Council grant Mrs. Fair ' s Business License based on the following findings: ( 1 ) The occupancy does not constitute a standard B-2 Occupancy; (2) There is no structure 6 'l_ within 20 ' of the proposed area of occupancy; (3) This is a sole operator who devotes less than 10% of the structures to the operation involved , and therefore does not have to comply with B-2 re- quirements. Motion seconded by Mayor Borgeson; passed unanimously by roll-call . COUNCIL RECESSED FOR A BREAK FROM 10:00 - 10:20 P.M. 5. Reoort on Architectural Review Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Council consensus was to appoint a three-person subcommittee of Planning Commissioners or , perhaps, two Planning Commissioners and one design professional ; Mr . Engen was directed to prepare a report on both options for Council con- sideration in six months. Public Comment Gary Harcourt , member of the ad-hoc Arch . Stds. Review Committee, noted that the committee had reviewed the option of maintaining a list of architectural consultants available to staff. He also noted that very few of the projects which have started have actually continued through the review process; he hopes that architectural review is given a chance to mature and feels that two years is a more fair time period for judgment of the process. C. UNFINISHED BUSINESS 1 . Ord. 178 & 179 - ZC 8-88 - E1 Camino Real , north of Del Rio Rd. - Amending the City zoning from Residential Suburban and Commercial Retail to Public and revising the zoning text to allow membership organizations as a conditional use (SECOND AND FINAL READING) (cont 'd from 7/12/88) Mr . Engen, Commun. Devel . Dir . , gave brief staff report . There was no public comment . Motion: By Councilwoman Mackey to waive the reading of Ord . 178 and approve it on second reading , sec- onded by Councilman Shiers; passed unanimously by roll .-call . Motion By Councilman Dexter to waive the reading of Ord . 179 and approve it on second reading , seconded by Councilwoman Mackey. Mayor Borgeson read Ord 179 by title; motion passed unanimously by roll-call . I I 7 2. Traffic Way Surplus Property - Purchase Offer by James Grin- nell Mr . Hanley, City Mgr . , gave staff report including verbal update in addition to the written report in Council ' s agenda packet . He recommended approval of Mr . Carroll ' s most recent , amended offer of 698,000. There was no public comment . Motion: By Councilwoman Mackey to authorize the City Manager to work with Mr . Carroll and the City Attorney to draft a . purchase agreement , seconded by Councilman Lilley; passed unanimously by roll- call . B= Proposed street improvement agreements - Chandler Ranch Area Street Assessment Dist. #5 (cont 'd from 6/12 & 5/24/88) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . Correcting the staff report , he noted , ( 1 ) the boundary map will be before Council at the next regular meeting in the form of a resolution, and (2) on Exh . D, paragraph #3, staff recommends option #2, pointing out that the City is not taking the 6% in that bonds will be paid from the interest rather than the principle. There was no public comment. Motion: By Councilwoman Mackey to approve Res. 83-88, sec- onded by Councilman Lilley; passed unanimously by roll-call . I Motion: By Councilman Dexter to approve Res. 84-88, sec- onded by Councilwoman Mackey; passed unanimously by roll-call . D. NEW BUSINESS 1 . Proposed County Animal Control Services Contract renewal for Fiscal Year 1988/89 Chief McHale, APD, gave staff report . There was no public com- ment . Motion: By Councilman Dexter that the City continue to contract for County animal controlservices , sec- onded by Councilman Shiers; passed unanimously by roll-call . Motion: By Councilwoman Mackey to continue the meeting past 11 :00 p .m. , seconded by Councilman Lilley; passed unanimously. I 8 I I Items 2, 3, 4, 5, 8 & 9 - Resolutions adopting Salary/Classifica- tions for the various employee organizations: _ Mr . Hanley, City Mgr , noted that the above listed items have been reviewed by Council in closed session; Items 6 & 7 relating to the A.S.S.O. and A.P.O.A. are not yet concluded and are, there- fore, pulled . There was no public comment on Items 2-5, 8 & 9. Mayor Borgeson spoke in support of a 7% base salary increase for the Police Chief, effective 7/2/88. Mr . Hanley, City Mgr . , rec- ommended that this be taken up under the salary/classification study approved as part of the 88/89 Budget . Council discussion ensued . Motion: By Councilwoman Mackey to approve Res. 65-88 (Management Employees) as written, seconded by Councilman Lilley; passed unanimously by roll- call . Motion: By Councilwoman Mackey to approve Res. 66-88 (Mid Mgmt./Professional Employees) , seconded by Coun- cilman Dexter ; passed unanimously by roll-call. Motion: By Councilwoman Mackey to approve Res. 67-88 (Con- fidential Employees) , Iseconded by Councilman Lilley; passed unanimously by roll-call . Motion: By Councilman Dexter to approve Res. 68-88 (Public Service Technicians Orgn. ) , seconded by Council- woman Mackey; passed unanimously by roll-call . Motion: By Councilwoman Mackey to approve Res. 71-88 (Atas. Fire Captains Bargaining Unit) , seconded by Mayor Borgeson; passed unanimously by roll-call . Motion: By Councilman Lilley to approve Res. 72-88 (Atas. Firefighters Bargaining Unit) , seconded by Mayor Borgeson; passed unanimously by roll-call . 10. Res. 74-88 - Adopting the 1988/89 Fiscal Year sewer assessments for Sanitation Impr. Dist. #4 and authorizing placement of assessments on the Property Tax Rolls (Sep- arado/Cavucos) Mr . Sensbaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Councilwoman Mackey to approve Res. 74-88, seconded by Councilman Shiers; passed unanimously by roll-call . 9 0 • Motion: By Councilman Lilley to recess as Council and convene as the ACSD Board of Directors, seconded by Councilwoman Mackey; passed unanimously. I I E. SANITATION DISTRICT 1 . Proposed 1988/89 Fiscal Year Sanitation Dist. Budget A. Public Hearing B. Res. 81-88 - Adopting the 1988/89 County Sanitation District Budget and authorizing appropriation of funds Mr . Jorgensen, Admin. Svcs Dir . , gave staff report ; - he-noted that the correct budget figure proposed is $1 ,413,392, which includes salary increases for members of the SEIU Bargaining Unit . There was no public comment . Motion: By Director Shiers to approve Res. 81-88, seconded by Director Mackey; passed unanimously by roll call . 2. Res. 75-88 - Authorizing commencement of negotiations with the County for Property Tax Revenues related to the dissolu- tion of the Atas. County Sanitation Dist. Mr . Sensibaugh , Pub . Works Dir . , gave staff report. There was no public comment . Motion: By Director Mackey to approve Res. 75-88, seconded by Director Shiers; passed unanimously by roll call . 3. Regional Water Control Board mandated conditions at the Wastewater Treatment Plant A. Authorize Mayor to enter into a contract for engin- eering services with John Wallace and Assoc. and Kennedy/Jenks/Chilton to prepare a Sludge &Septic Mgmt. Plan, Salts Mgmt. Plan, 100-Yr. Rainfall Season During Plant Capacity without Transport of Reclaimed Water Study, and 100-Yr. Flood Protection Study Mr . Sensibaugh , Pub . Works Dir . , gave staff report . John Wal- lace, Wallace & Assoc . , addressed the time-frame involved in treatment plant improvements, saying that reports will be com- plete and submitted to. RWQCB by mid-January of 1989. He indicated the improvements called for should address the odor problems complained about . 10 Motion: By Director Lilley to authorize award of the proposed engineering agreement to John Wallace Assoc . in conjunction with Kennedy/Jenks/Chilton, seconded by Director Shiers; passed unanimously by roll-call . 4. 1988/89 Sanitation Charges A. Public Hearing H. Res. 82-88 - Adopting the 1988/89 Sanitation Assess- ments and authorizing the placement of assessments on the Property Tax Rolls Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Mackey to approve Res . e2-ee, seconded by Director Lilley; passed unanimously by roll call . 5. 1988/89 Sewer Assessments - Sanitation Improvement Dist. #3 (Marchant Way) A. Public Hearing H. Res. 73-88 - Adopting the 1988/89 Sewer Assessments for Sanitation Impr. Dist. #3 and authorizing the placement of assessments on the Property Tax Rolls (Marchant Way) Mr . Sensibaugh , Pub . Works. Dir . , gave staff report . There was no public comment . Motion: By Director Dexter to approve Res. 73-88, seconded by Director Shiers; passed unanimously by roll- call . Motion: By Director Mackey to recess as ACSD Board and reconvene as City Council , seconded by Director Shiers; passed unanimously. E. INDIVIDUAL DETERMINATION 1 . City Council A. Extension of Contract for Interim City Mgr. to August 15. 1988 ( if necessary) Motion: By Councilman Dexter to authorize the Mayor to execute the second amendment to the employment contract with Mr . Hanley, seconded by Councilman Lilley; passed unanimously by roll-call . 11 MEETING ADJOURNED AT 11 :35 P.M. TO 3:00 P.M. , FRIDAY, JULY 29, 1988 IN THE FOURTH FLOOR CLUB ROOM FOR SPECIAL OPEN MEETING REGARDING DISCUSSION OF LABOR NEGOTIATIONS. MINUTES RECORDED BY: BOYD C. SHARITZ, Clerk PREPARED BY : I � , CINDY WILKINS, Dep . City Clerk 12