HomeMy WebLinkAboutMinutes 082388 ETI AGENDA,._C1_
DAT ITEM _ 1_
(*MINUTES APPROVED BY COUNCIL
9/13/88, AS WRITTEN)
ATASCADERO CITY COUNCIL
MINUTES
AUGUST 23, 1988
The regular meeting of the Atascadero City Council was called to
order at 7:30 p .m. , followed by the Pledge of Allegiance.
ROLL CALL
All Present : Councilmembers Dexter , Lilley, Shiers, Mackey and
Mayor Borgeson
Staff Present : Paul Sensibaugh , Int . City Mgr . /Public Works Dir . ;
Henry Engen, Common. Devel . Dir . ; Jeff Jorgensen,
City Atty. ; Bud McHale, Police Chief; Cindy
Wilkins, Dep . City Clerk
COUNCIL COMMENT
Councilman Shiers commented on a newspaper article which indi-
cated that the City is in the process of drafting a skateboard
ordinance; Mr . Jorgensen, City Atty. , clarified there was no such
ordinance being prepared .
Councilwoman Mackey noted having received a small oak tree from
Tree Committee Member Ursula Luna and asked for suggestions on a
planting location; Councilman Dexter suggested the new APD.
Mrs. Mackey also suggested that each Councilmember hold office
hours on a certain day of the week for availability to the pub-
lic ,
Councilman Lilley announced that he has installed a new phone
line to his office to receive Council-related calls from the
public .
COMMITTEE REPORTS
North Coastal Transit - Councilman Dexter reported on a meeting
of this committee last week , noting that a possible express bus
between Atas.-SLO will be discussed at a future date.
Traffic Committee - Councilwoman Mackey noted the T.C. will meet
tomorrow to take action on last week ' s "drive-around" .
Police Facility Committee - Chief McHale reported that the Beno ' s
sign is now down, and he offered gratitude & appreciation to
Young Bros. Const . for removing it at no cost to the City. He
indicated that a color rendering of the renovated facility is in
1
0 !
his office for anyone interested to view. The architect is ex-
pected to make a presentation to Council at the last meeting in
Sept .
Tree Committee - Committee Member Stubby Fasig addressed the
problem of replacement trees, noting objection by some property
owners to do so . The T .C. members are of the opinion that , if
feasible, a fund should be established solely for use in planting
native trees within City parks and right-of-ways; this could give
private property owners the option of placing money in the fund
instead of planting replacement trees they don ' t want .
Bicentennial Committee Councilman Lilley reported that Atas-
cadero is now a member of a growing legionof Bicentennial
Cities -- cities which have joined in the official effort to
celebrate the bicentennial of the U.S. Constitution.
Pavilion Committee - Councilman Shiers reported the P.C. met and
discussed the state of the Pavilion Bldg ., agreeing that it
should be demolished . He suggested that Council direct staff to
take appropriate steps to put the project out to bid . Mayor
Borgeson directed Mr . Sensibaugh to prepare a staff report for
Council ' s next regular meeting .
PUBLIC COMMENT
Tom Bench , 7503 Carmelita, relayed the concerns of the local
equestrian group regarding being locked out of the Paloma Creek
Park facility. Mr . Jorgensen, City Atty. , commented that the
issue involves insurance requirements. Mayor Borgeson directed
that staff prepare a full background report for Council as soon
as possible.
Maggie Rice, representing the Colony Days Committee, invited
Council and all present to participate in the 75th Annual Colony
Days Celebration, which is Sat . , Oct . 15, 1988.
Terril Graham, resident , expressed concern regarding a proposal
by Williams Bros. several months ago . He feels that GP reviews
haven ' t been thorough and haven' tallowed the individuals
affected proper notification -nor review. He asked for appro-
priate time and location for public review of changes about to
occur in the GP. Mr. Engen was directed to submit a progress
report on the rewrite of the GP.
A. CONSENT CALENDAR
1 . Approval of the August 9, 1988 Regular Council Minutes
2. Approval of July 29, 1988 Special Council Minutes
3. Approval of Treasurer 's Report July 1988
2
4. Approval of Finance Dept. Report - July 1988
5. Approval of TPM 8-B8 - 9180 Santa Lucia - Proposed subdivn.
of 7.54 ac. into four parcels of 1 .5, 1 .5. 0 2.0 & 2.5 ac.
(Key-Morris/Cuesta Eng. )
b. Acceptance of Final Parcel Map 22-87 - 8635 Coromar
(Stoner/Cuesta Eng. )
7. Approval of annual Cooperative Personnel Svcs. Agmt.
Councilman Dexter pulled Item #5 for discussion.
Motion: By Councilman Lilley to approvethe _ _Consent__Cal-
endar , minus #5, seconded by Councilwoman Mackey;
passed unanimously by roll-call.
re: Item #5: Councilman Dexter noted his observation of flag lots
created (by this proposal and others) , expressing traffic circu-
lation concerns and noting the need for better- roads connecting
such properties . Mayor Borgeson requested better maps for both
Council and Planning Commission review.
Public Comment
John Falkenstien, Cuesta Eng . , representing the applicant , com-
mented on Cond . #7, saying he feels the 20 ' driveway width
standard is punitive, due to added expense, and doesn ' t mitigate
the formation of flag lots. He proposed amending Tine one to
read , " . . . .20 ' -0" wide paved access drive, or to the standards in
effect at the time of development
Council discussion ensued .
Motion: By Councilman Dexter to approve TPM 8-88, seconded
by Councilman Lilley; passed by 3:2 roll-call ,
with Councilman Shiers and Mayor Borgeson opposed .
Motion: By Councilwoman Mackey to amend the previous mot-
ion by adding the language to Condition #7, as
suggested by the applicant ' s representative (see
J. Falkenstien' s comment , above) , seconded by
Councilman Lilley; passed by 3:2 roll-call , with
I
Councilman Shiers and Mayor Borgeson opposed .
B. HEARINGS/APPEARANCES/REPORTS
1 . Res. B9-BB — Vacating a portion of San Benito Rd. , between
I ECR and Hwy. 101 - Frederick/Shea (Public hearing date set
at meeting of 8/9/88)
3
A. Public Hearing
B. Council Action _
Mr . Engen, Commun. Dev. Dir . , gave staff report . Following re-
search of preliminary title reports, the question was raised
that , if the resolution is passed , would it affect the appraised
value of the property to the rear , which is thought to be City-
owned . Staff suggested that Council either continue this item
for further research & that staff pursue appraisals, or direct
that the appraisal be based on full access rights to ECR
( thereby, unaffected by the closing of San Benito Rd . ) . Staff
and Council discussion followed .
Mr . Jorgensen, City Atty. , summarized the tasks that need to be
accomplished should Council continue this matter : ( 1 ) Obtain
marketable title in the City in order to be able to deed the
property, and (2) Conduct an appraisal at the City ' s expense to
determine the value for the purposes of negotiating with the
applicants on a fixed price as part of the abandonment.
Public Comment
Tom Bench , resident , suggested the property be considered for the
development of a skateboard facility.
Greg Ravatt , of the Waring Group , representing the owners, spoke
in support of this proposal and in opposition to a continuance.
Sarah Gronstrand , resident , suggested that Council consider the
City Attorney ' s direction on the best approach to this proposal .
I
John McNeil , resident , urged continuance of this item for further
review.
I
Motion: By Councilwoman Mackey to continue this item for a
more complete staff report of the options, dir-
ecting that staff obtain a title search to
determine ownership of the property, and , if so ,
obtain an appraisal . Motion seconded by Coun-
cilman Dexter ; passed unanimously by roll-call
2. Tree Removal Request - 5220 Aguilla Rd. - Hicks (Cont 'd from
8/9/88)
A. Public Hearing
B. Council Action
Mr . Engen, Common. Devel . Dir . , gave staff report .
Public Comment
4
Betty Sanders, attorney for the applicants, spoke in support of
this request , noting the Hicks ' s efforts to comply with the
ordinance. She urged Council ' s support based on staff ' s recom-
mendation, as well as the certified arborist ' s report .
Jack Brazeal , certified arborist for the Hicks, reiterated his
opinion, following thorough examination, that subject trees are
"diseased beyond reclamation" and are currently in a hazardous
condition. He spoke in support of their removal as requested .
Steve LaSalle, Tree Committee Member , relayed the committee 's
recommendation that this request either be continued or denied.
He expressed their concern that the design of the house shouldbe
submitted addressing tree removal , replacement and protection, so
that all aspects of the development can be taken into considera-
tion.
Eric Michielssen, 5300 Aguilla, spoke in support of this request
based on the condition of the trees and their potentially hazar-
dous state.
Livia Kellerman, resident , spoke in support of the plot plan
requirement as stated in the Tree Ordinance.
Terril Graham, resident , spoke in support of the Hicks 's request .
Noting that he supports the basic philosophy of the Tree Commit
tee, he asked Council to consider an amendment to the Tree Ord .
which would allow for more lenient restrictions on the demoli-
tion of diseased and/or dead trees.
I
Betty Sanders pointed out that a major ambiguity of the Tree Ord .
language is that it appears that , in the public ' s mind , a permit
for tree removal is only necessary if a property owner intends to
construct a home or structure. Mrs. Sanders is of the opinion
that it appears the language applies to anyone who proposes to
remove any tree which fits within the criteria of the ordinance,
if it ' s in fact only intended for construction purposes, perhaps
the Hicks do not need a permit at all .
John McNeil spoke again, saying he doesn 't understand the appli-
cants ' concern for possible denial .
Richard Shannon, resident , spoke in support of the applicants '
request , asking who will be held liable if removal is not
granted and a tree does fall and cause some type of damage.
Mildred Copelan, an insurance agent , noted that claims related to
falling trees as the result of an act of God are normally covered
by a homeowner ' s insurance. However , in this case, a certified
arborist has stated the trees are diseased and considered hazar-
dous. She urged Council ' s approval of this request .
5
Council discussion ensued . Mr . Jorgensen, City Atty. , asked that
the minutes reflect that Councilwoman Mackey (absent at the last
meeting ) has had opportunity to review the minutes, the material
concerning this matter and is familiar with the items discussed
at the previous meeting .
Motion: By Councilwoman Mackey to approve the tree removal
request at 5220 Aguilla, seconded by Councilman
Lilley; passed by 3:2 roll-call , with Councilman
Shiers and Mayor Borgeson opposed.
3. Tree Removal Request - 7800/7880 Santa Cruz Rd. - Davis
A. Public Hearing
B. Council Action
Mr . Sensibaugh , Acting City Mgr . , noted receipt of a letter
withdrawing this application, indicating the applicant wishes to
attempt to save subject trees.
Motion: By Councilman Lilley, seconded by Councilman Dex-
ter , to accept the withdrawal of this application;
passed unanimously.
4. Tree Removal Request- Extension of Vista Rd. - Ibsen
A. Public Hearing
B. (Recommend continuance to receive additional data)
Motion: By Councilman Dexter to continue this item per
staff recommendation, seconded by Councilman
Lilley; passed unanimously.
C. UNFINISHED BUSINESS
1 . Ord. 180 - Amending the existing RSF-Y and RSF-Z zoning to
provide a Planned Development Overlay, to permit reorgan-
izing the existing six (6) lots, totaling 6.32 ac. , into six
(6) lots from 79260 to 9, 132 sq. ft. , creating a new open
space of 5. 18 ac. and abandon a portion of Vista Bonita Rd.
- SECOND & FINAL READING (Cont 'd from 7/12, 7/26 & 8/9/88)
(ZC 15-87 - 9240 Vista Bonita Rd. - Yeomans/Frederick) ,_
Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no
public comment .
Motion: By Councilman Lilley to approve ZC 15-87 on second
reading of Ord . 180 by title only, seconded by
Councilwoman Mackey. Mayor Borgeson read Ord . 180
by title, motion passed by 3:2 roll-call , with
Councilman Shiers and Mayor Borgeson opposed .
6
COUNCIL RECESSED FOR A BREAK FROM 9:50 10:04 P.M.
2. Award of bid for Atas. Lake Improvement Proj . to Associated
Pacific Constructors ($117. 118) _
Mr . Sensibaugh , Pub . Works Dir . , gave staff report .
Public Comment
One gentleman (didn ' t give name) noted that the lake is actually
a pond , with its own ecology; he expressed doubt that a filtra-
tion process is feasible. He urged that Council look further
into this matter to confirm the level of sediment before spending
excessive monies on the proposed improvements-.- He--suggested -al-
ternative ways to improve lake conditions ( replace current fish
population, add sand , raise water level ) .
Motion: By Councilman Shiers to approve staff recommen-
dation, directing that staff bring back an
agreement for Council approval , seconded by
Councilman Dexter ; passed unanimously by roll
call .
3. Chandler Ranch Road Maintenance Assessment District #5
A. Res. 91-88 - Approving map of proposed boundaries
B. Res. 92-88 - Declaring intention to undertake proceed
-ings for a road maintenance district
Mr . Sensibaugh , Pub . Works Dir . , gave staff report . He pointed
out , on Res. 92-88, two blanks should be filled in as follows:
Page 3, Res. No . 91-88; Page 6, $1 ,500 (He noted this is staff ' s
recommendation and is not a final figure; all costs will be
itemized at a later date. This figure is purposely high and has
nothing to do with the actual assessment on the land . ) John
Falkenstien, Engineer of Work on the project , briefly reviewed
the proposed boundary map and improvements. There was no public
comment.
Motion: By Councilwoman Mackey to approve Res. 91-88,
seconded by Councilman Dexter ; passed unanimously
by roll-call.
Motion: By Councilman Lilley to approve Res. 92-88, sec-
onded by Councilman Dexter ; passed unanimously by
roll-call,
4. Award of Dial-A-Ride bid to Santa Barbara Transportation-
(Cont 'd from 6/14/88)
7
•
Mr . Sensibaugh , Pub . Works Dir . , gave staff report .
Public Comment
Ken Stokes, President of S. B.T. Co . , reviewed transportation
services provided by said company in both Santa Barbara and San
Luis Obispo County, expressing he feels they ' re equipped to
handle the D-A-R service in Atas. He noted the firm ' s desire to
keep all available current D-A-R employees and to continue the
service exactly the way Dave Systems has set it up . Modifica-
tions would be made as recommended by drivers and staff. He
indicated that current employees would have first right to the
jobs and will probably receive a higher rate of pay.
Mark Wells , Regional Mgr . for C.T.S. , spoke in opposition to
staff ' s report. He made several points regarding the selection
process and reviewed the C.T.S. proposal . Noting the firm ' s (9+)
years of service in Atas. , he asked that this and all other
factors -- not only cost -- be considered . He disputed the final
statement in staff ' s report (which speaks to the difficulty of
accepting the low bid) , referencing Page 5 of the bid proposal
and highlighting the criteria listed upon which the City would
base its award . He urged the Council not to award this bid to
S.B. T. Mr . Jorgensen, City Atty. , clarified that law requires
the City to award the bid to the lowest responsible bidder ; he
noted that staff has analyzed the bids and found all of them to
I
be responsible.
Council and staff discussion ensued .
I
jBetsy Blank , current Mgr . for C.T.S. , stated she won ' t be staying
on if this bid is awarded to S.B.T. , as she feels uncomfortable
with her knowledge of their past performances. She read a letter
from teachers at the Head Start Program in Atas. supporting
C.T.S. continuing the D-A-R service.
Leonard Sherhorn, representing (49) citizens at California Manor
whom he contacted just this evening , expressed pleasure with the
current services being provided in Atas . , saying they ' re absol-
utely against cutting any services. He urged the Council to
award this bid to C.T.S.
Motion: By Councilwoman Mackey to continue the meeting
past 11 :00 p .m. , seconded by Councilman Shiers ;
passed unanimously.
Linda Lounder , Controller with C.T.S. , expressed she feels there
will be service cuts should the bid be awarded to S.B.T.
Janet Speaks, Driver with C.T .S. , reviewed the current D-A-R
staffing . She feels there will be an inevitable decline in the
8
• •
high quality of personal customer service Atas. D-A-R has con-
a sistently provided .
Donna Rancour , resident , expressed support for the current D-A-R
system.
Sherry Fontan, Director at Escuela del Rio , expressed support for
current D-A-R services, noting their above-and-beyond efforts,
and is concerned about whether this same level of service can
continue.
Joanne Portune, resident , indicated she relies on D-A-R for all
transportation, and she urged that the current system continue.
Carol Harrison, Divn. Mgr . for S.B.T. , attempted to clear up
misconceptions that Atascadero is losing D-A-R. She spoke in
support of S.B. T. ' s qualifications.
Catherine Roberts, resident , indicated that she relies on D-A-R
and spoke in support of the current staff, saying she feels they
are underpaid for their services.
Doug Lewis, resident , requested clarification on staff ' s use of
the terms "responsive" and "responsible" ; Mr . Jorgensen, City
Atty. , indicated Council should be concerned with whether the
bidders are responsible, since all bidders were responsive to the
bid proposals.
Paula Salvadon, V.P. of S.B.T. , as well as a State-licensed
instructor , commented on the comprehensive training programs
provided by the firm to its drivers.
Mr . Stokes noted that the City reimburses the cost for the liabi-
lity insurance on the vehicles, thus the difference in cost . He
responded to comments relative to wages.
A current D-A-R driver (didn ' t give name) , spoke in support of
the current services.
Mr . Wells spoke again, expressing he feels the RFP has misled
bidders or , perhaps, potential bidders.
Irene Garcia, 8-yr . D-A-R user , spoke in support of the current
services.
Additional lengthy discussion between staff and Council followed .
Motion: By Councilman Dexter to reject all bids and re-
quest resubmittals, directing staff to work with
Council to develop new criteria, including ex-
tension of the present contract , seconded by .
9
Councilwoman Mackey; passed unanimously by roll-
call .
Mr . Sensibaugh requested that a Council representative work with
staff; Mayor Borgeson appointed Councilman Dexter and she volun-
teered to be involved in the process. It was clarified that the
current service with C.T.S. would be extended on a month-by-month
basis.
D. NEW BUSINESS
1 . Caltrans request for right-of-way - Barranco Rd. extension
Mr . Sensibaugh , Pub . Works Dir . , gave staff report , recommending
that Council direct staff to route the r-o-w request to the
Planning Commission prior to considering the proposed agreement .
Motion: By Councilwoman Mackey to approve staff recommen-
dation, seconded by Councilman Lilley; passed
unanimously by roll-call .
2. Formulation of WW Divn. of the Dept. of Pub. Works
A. Ord. 181_ - Repeal of ACSD Ordinance and adoption of WW
Divn. Ordinance (FIRST READING)
B. Res 90-88 - Adoption of WW Divn. service charges
Mr . Sensibaugh , Pub . Works Dir . , gave staff report , noting that
no action is" necessary on the proposed resolution at this time.
Mr . Jorgensen, City Atty. , commented that the need for this
ordinance, at this meeting , is that staff has been negotiating
with the County for the dissolution of the ACSD. Once it is
dissolved , there will , technically, be no such thing as the
sanitation district nor an ordinance to impose fees, etc . The
County has completed its dissolution paper work , short of filing
it with the Secy. of State; staff requested them to hold off on
that to allow the City to get an ordinance adopted which would
allow for operation as the City of Atascadero .
Motion: By Councilwoman Mackey to adopt Ord . 181 on first
reading by title only, seconded by Councilman
Dexter . Mayor Borgeson read Ord . 181 by title;
motion passed unanimously by roll-call .
E. INDIVIDUAL DETERMINATION - No comments.
MEETING ADJOURNED AT 12:05 P.M.
�
MINUTES RECORDED/PREPARED BY:
CINDY WILKINS, Dep City Clerk
II
10