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HomeMy WebLinkAboutMinutes 091388 MEETr AGENDA (*MINUTES APPROVED BY COUNCIL, AS WRITTEN, 9/27/88) ATASCADERO CITY COUNCIL MINUTES SEPTEMBER 13, 1988 The regular meeting of the City Council was called to order at 7:30 p .m. by Mayor Borgeson, followed by announcement that Council met in closed session prior to the regular meeting regarding litigation (Case #62442, Alvarado vs. City of Atas. ) . ROLL CALL Present : Councilmembers Dexter , Shiers, Mackey and Mayor Borgeson Absent : Councilman Lilley (on vacation) Staff Present : Ray Windsor , City Mgr . ; Lt . Bill Watton, Police Dept . ; Henry Engen, Commun. Devel . Dir ; Paul Sensibaugh , Pub . Works. Dir . ; Bob Best , Parks & Rec . Dir . ; Jeff Jorgensen, City Atty. ; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENT Mayor Borgeson introduced new City Manager , Ray Windsor . Mr . Sensibaugh was thanked for his services as Acting City Myr . Mayor Borgeson issued (3) proclamations: - "American Business Women ' s Day" , September 22, 1988 "Erosion Control Month" , September 15-October 15, 1988 - "National POW/MIA Recognition Day" , September 16, 1988, accepted by Viet Nam Veteran Mike Tobey, who announced that a special , public memorial service will be held on the steps of Mission S.L.O. at 7:00 p .m. , Friday, 9/16/88. COMMITTEE_REPORTS Traffic Committee — Councilwoman Mackey reported the committee is considering recommending additional, red curbs at San Gabriel & ECR (pending review of traffic impacts to the area following the opening of the new Post Office) and discussed same on E1 Bordo . SLO Area Coordinating Council Mayor Borgeson announced that SLOACC met Sept . 7th and approved the year-end financial report . The staff presented a report on the current progess in implement - 1 fI ing the No . County planning study, which will collect transit needs information. Evening & weekend Atascadero D-A-R services will be reviewed as an option. Tree Committee - Ursula Luna , Committee Member , reported that the first four of a series of educational pamphlets have been prepared (distributed to Council and administrative staff) , say- ing the committee welcomes input on any of the materials before Sept . 30th . A public meeting of the committee will be announced as soon as date & location are determined . i COMMUNITY FORUM - -John McNeil , 8765 Sierra Vista, expressed complaints regarding the relocation of the Post Office: ( 1 ) the inconvenience caused jby the closing of the drive-by mail drop on Entrada, and (2) the hazardous traffic pattern in and out of the new facility. Terril Graham, 6205 Conejo , urged Council to reconsider the City ' s position in levying of development fees, expressing con- cern that necessary City services are being underfunded in relation to our rate of development . Mr . Sensibaugh , Pub . Works Dir . , noted a correction to Res. 92-88 adopted 8/23/88: Pg . 6, Sec . 8, should read , " . . .a maximum annual assessment of 1!150.00. . . for the administration. . .or other related funds. " (amount changed from $1500, previously reported ) A. CONSENT CALENDAR 1 . August 23, 1988 City Council Minutes 2. TPM 10-88 - 8100 Coromar (subdivn. of 1 .5 ac. into two par- cels of 20,000 & 44,500 sq. ft. - Bishop/Volbrecht Surveys) I (Recommend Denial ) 3. Claim by Shane W. Smith (Recommend Denial ) I I Councilwoman Mackey pulled A-2 for discussion. I Motion: By Councilwoman Mackey to approve # ' s l & 3, sec- onded by Councilman Dexter ; passed by 4:0 roll- I call , with Councilman Lilley absent I Re: Item #2 - Councilwoman Mackey relayed the applicant ' s request for reconsideration of this request , in view of the Planning' Commission ' s recommendation for denial , noting that the lot configuration would not allow for another lot split . Council discussion followed . 2 Public Comment John Falkenstien, Cuesta Eng . , expressed concerns relative to this proposal as it affects the way he does business . Feeling that the 20 ' driveway requirement in the Subdivision Ord . is innappropriate, he noted that subject property is in excess of 60,000 ft . and is zoned for 20,000 sq . ft . lots; it ' s not possible to divide it into 3 lots, since the driveway portion doesn ' t count in the land total . Terril Graham, resident , expressed that he feels people should be expected to adhere to adopted City ordinances. Alan Volbrecht , agent for the appl-icant , --addressed the findings for denial and spoke in opposition to them, seconding Mr . Falken stien ' s comments (above). Steve LaSalle, resident , noted the steepness of this parcel and , also , doesn ' t think it ' s appropriate to address exemptions to current ordinances. Motion: By Councilwoman Mackey for denial of TPM 10-88 as recommended by the Plan. Commission, seconded by Mayor Borgeson; passed by 4:0 roll-call , with Councilman Lilley absent . B. HEARINGS/APPEARANCES/REPORTS 1 . Tree Removal Request - 7675 Del Rio Road A. Public Hearing B. Council Action Mr . Engen, Commun. Devel . Dir . , gave staff report . Public Comment Ron Ayers, representing the applicant , Mr . Warden, requested that the applicant be allowed to donate the two 15-gal . replacement trees to the City, noting that subject lot is heavily wooded . Motion: By Councilman Dexter to approve tree removal re- quest at 7675 Del Rio , leaving planting location of the two replacement trees as an open option, seconded by Councilman Shiers; passed by 4:0 roll- call , with Councilman Lilley absent. 2. Paloma Creek Park Eauestrian Arena (Policy Status on Usage) Mr . Best , Recreation Dir . , gave staff report and discussion with Council ensued. 3 Public Comment Tom Bench , Parks & Rec . Commissioner , commented that he feels meetings of the commission should be recorded for a complete record of discussions and actions not included in the minutes. He also feels there has been "sandbagging" by staff to arrange an insurance meeting between the City ' s and equestrian group ' s attorneys, which the commission unanimously approved in June. Jim Comes, Chmn. of the Paloma Ck . Park Equestrian Committee, expressed his pride in working with the committee and City staff to get the arena to where it is today. He stated that access to the arena has depleted the group ' s funds, noting that other local -- -equestrian arenas are also--locked up- for similar insurance reas- ons, which may eventually work in the group ' s favor. He sug- gested that perhaps a combination lock system could solve the access problem. Shirley Chastain, Secy. of the PCP Equest . Comm. , wondered where the committee can go to make progress on several of its ques- tions. Mr . Jorgensen, City Atty. , responding to a suggestion that the group sign a hold harmless agreement , commented on the dif- ficulty of controlling both access to a lock combination and activities at the arena. Council consensus was that the arena should be kept locked when not in use. Mayor Borgeson directed that Mr . Best , Mr . Comes and another Equestrian Committeemember consider suggestions made tonight , work toward a solution and report back to the Council in four weeks. 3. General Plan Progress Report A. Progress Report/Update H Set Meeting Date Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no public comment . Consensus was to hold a joint meeting with the Planning Commission regarding GP review on 9/29 at 7:00 p .m. in the 4th F1 . Rotunda Rm. 4. Atas. Lake Park Pavilion Bldg. (Demolition alternative report Mr . Best , Recreation Dir. , gave staff report . Public Comment Dorothy McNeil , resident , expressed concern about possible pol- 4 I 0 • lotion or fire hazard in the event the option of burning down the pavilion is approved . Geraldine Brasher , resident , supported suggestion by Councilwoman Mackey to save portions of the pavilion floor as souvenir items; perhaps certain local , charitable organizations may be interested in using them for a fund-raiser . There was one suggestion to accept donations to save the pavi- lion. Mr . Windsor , City Mgr . , suggested he, Councilwoman Mackey, Mr . Sensibaugh , Chief Hicks and Councilman Shiers visit the site. Motion: By Councilman Dexter to continue this item for two weeks, seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Lilley absent . COUNCIL RECESSED FOR A BREAK FROM 9:00-9: 15 P.M. r C. UNFINISHED BUSINESS 1 . Chandler Ranch Road Maintenance District #5 Res. 94-88 Approval of Engineer 's Report on Road Improve- ments, Approval of Time & Place for Hearing Protests and Approval- to Solicit Bids for Road Improvements Mr . Sensibaugh , Pub Works Dir . , gave staff report . He intro- duced Antonia Dolar of Orrick , Herrington & Sutcliffe, Bill Bothwell who will soon take over her duties at OH & S, and John Falkenstien, Engineer of Work . Ms. Dolar reviewed the schedule of events which takes place following adoption of the Engineer ' s - Report . Public Comment Gaylen Little, 8265 Toloso , representative for the formation of the assessment district , indicated 85% of the property owners contacted expressed support for the petition in favor of the district (61% by land area) . He noted that those residents on San Diego Rd . who oppose the district reside on a city-maintained road and presently derive greater benefit . John Anderson, 8295 San Diego , submitted a- letter from Michael Bewsey, contractor who developed lots 15-A, B, C, 3 & 4, Blk . 38, San Diego Rd . , expressing that approval of the subdivision was conditioned on maintenance of the road ; the costs were incorpor- ated into the selling price of the homes -- thus, the property owners have already paid for a city-maintained road . 5 I i I it I I I Linda Rose, owner Lot 11 , San Diego Rd . , requested exclusion from the proposed assessment district . I Tom Parks, 8251 Toloso , expressed support for the formation of I the proposed district . I Frank Berrera, 8205 San Diego Rd . , spoke in opposition to being included in the assessment district due to multiple assessments. Cathy Trost , 8355 San Diego Rd . , expressed opposition to multiple assessments to streets connecting to San Diego Rd . , but does feel Chandler Ranch Rds. should be improved to City standards. -Bart E1-lerbroek, 8200 San. Diego _Rd . , feels Old_ Morro Rd . should , as part of Chandler Ranch , be included in the assessment dist- rict , as residents in the area would benefit from the proposed road improvements. He also requested exclusion from the district due to multiple assessments. Bob Horton, 8190 Los Osos Rd . , expressed support for the for- mation of the district and supports the inclusion of San Diego Rd . , noting that there has been ongoing dispute over whether the County or the City own the road . William Manser , 8305 San Diego , expressed opposition to being included in the district due to multiple assessments. I Mike Tobey, 8193 San Dimas, supports the district and feels everyone benefitting from the road improvements should pay their fair share of the responsibility for their maintenance. Don Secker , 8225 San Diego , expressed that , as a new resident , one of the reasons for purchasing his property was that the road is improved . John Anderson spoke again, expounding on his earlier comments in opposition to multiple assessments (noting the owners on the un- improved roads didn ' t contribute to San Diego improvement costs) ; he wondered what other city-maintained roads in Atas. could be included in the assessment district , if San Diego must be. Dick Chafe, 8250 San Dimas, supports including in the assessment district all who benefit from the proposed improvements, feeling the issue is more of mutual benefit than one of who paid how much and when. Wes Watkins, 8110 Castanada, expressed support for the proposed improvements, noting their declining condition. Lengthy discussion by Council followed . 6 Mr . Jorgensen, City Atty. , summarized the City ' s current policy with respect to accepting roads into the City-maintained system, noting that roads will not be accepted into the City ' s road system unless they are contiguous to another road that is al- ready in the system. If the public assumes the responsibility of creating assessment districts to bring their roads up to City standards, the City will accept them. It is an established Council policy but is not an obligation; this is to encourage people to find self-help solutions to their road problems. Motion: By Councilwoman Mackey to deny Res. 93-88, sec- onded by Councilman Dexter ; passed by 4:0 roll- call , with Councilman Lilley absent . Motion: By Councilman Shiers to approve Res. 94-88, sec- onded by Mayor Borgeson; passed by 4 :0 roll-call , with Councilman Lilley absent . 2. D-A-R Contract Extension Mr . Sensibaugh, Pub . Works Dir . , gave staff report , noting staff recommends this extension to allow time to work on re-bidding the service. He noted the City should see a savings of $4,000 over the present contract with CTS over the life of the 120-day exten- sion. There was no public comment . Motion: By Councilman Dexter to approve the 120-day ex- tension of the present D-A-R contract , seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Lilley absent . 3. Dissolution of Atas. County Sanitation District: Repeal of ACSD Ordinance & Adoption of Wastewater Divn. Ord. - Ord. 181 (second & final reading) (cont 'd from 8/23/88) Adoption of Wastewater Divn. Service Chgs. - Fees. 90-88 (cont 'd from 8/23/88) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment Motion: By Councilman Dexter to adopt Ord . 181 on second reading by title only, seconded by Councilman Shiers; passed by 4:0 roll-call , with Councilman Lilley absent . Motion: By Councilwoman Mackey to adopt Res. 90-88, to be effective upon the effective date of Ord . 181 , seconded by Councilman Dexter ; passed by 4:0 roll-call , with Councilman Lilley absent . 7 0 • 4. West Mall/E1 Camino Real Traffic Signal (Res. 95-88 - Auth- orizing agreement with Caltrans) Mr . Sensibaugh , Pub . Works Dir . gave staff report . Public Comment Maggie Rice, Chamber of Commerce & Colony Days Committee, urged a four-week delay of ,the removal of underground tanks in view of the upcoming Colony Days Parade and celebration. Mr . Sensibaugh noted that the tank removal is semi-related to this project , but the Health Dept . is ordering the private property owner to remove them, which may coincide with Colony Days; staff will approach _- the contractor with expressed concerns. Motion: By Councilwoman Mackey to adopt Res. 95-88, sec- onded by Councilman Dexter ; passed by 4:0 roll call , with Councilman Lilley absent . 5. Atas. Lake Improvement Project Contract (with Associated Pacific Constructors) (conte tually aoproved on 8/23/88) Mr . Sensibaugh , Pub . Works Dir . , gave brief staff summary. There was no public comment . Council expressed interest in the possi- ble drafting of an ordinance that would prohibit the dumping of ducks and domestic fowl at the lake; Mr . Jorgensen, City Atty. , noted the difficulty and expense of enforcing such an ordinance. Motion: By Councilman Shiers that Council approve the Atas. Lake Improvement Project Contract , seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Lilley absent . + D. NEW BUSINESS 1 . Police Department Vehicle (Authorization to purchase) Mr . Windsor , City Mgr . , indicated this purchase is part of the adopted budget . There was no public comment Motion: By Councilwoman Mackey to authorize the purchase of one mid-sized vehicle from Atas. Ford for a total amount not to exceed $15,500, seconded by Mayor Borgeson; passed by 4:0 roll-call , with Councilman Lilley absent. Motion: By Councilwoman Mackey to recess as Council and convene as ACSD Board , seconded by Councilman Dexter ; passed unanimously. 8 I E. SANITATION DISTRICT 1 . ACSD Quitclaim Deed to the City of Atascadero Mr . Jorgensen, City Atty. , gave staff report . There was no public comment . Motion: By Director Shiers to authorize execution of the Quitclaim Deed , seconded by Director Mackey; passed by 4:0 roll-call , with Director Lilley absent . Motion: By Chmn. Borgeson to adjourn as ACSD Board and - - reconvene as City Council , _ seconded by Councilman Shiers; passed unanimously. F. INDIVIDUAL DETERMINATION City Council A. Discussion regarding Tree Protection Ordinance #168 * Tree Replacement Fund * Revisions to the list of arborists Mr . Engen, Commun. Devel . Dir . , gave staff report . Following discussion, Council consensus was to concur with staff recom- mendation regarding the establishment of tree replacement fund . Following discussion regarding the issue of the list of arbor- ists, consensus was to refer this issue to the Oct . 25th Council meeting . City Clerk - Mr . Sharitz thanked staff and Council for concerns expressed during his recent illness. MEETING ADJOURNED AT 10:55 P.M. TO A SPECIAL OPEN SESSION ON MONDAY, SEPTEMBER 19, 4:30 P.M. , IN THE 4TH FLOOR CLUB ROOM FOR THE PURPOSE OF INTERVIEWING CANDIDATES FOR THE CONSTRUCTION BOARD OF APPEALS. MINUTES RECORDED BY BOY C SHARITZ, /' y pClerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 9