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HomeMy WebLinkAboutMinutes 102588 i • MEEr �O�► DAT ffEM1 ATASCADERO CITY COUNCIL MINUTES OCTOBER 25, 1988 The regular meeting of the City Council was called to order at 7:30 p .m. by Mayor Borgeson, followed by the Pledge of Allegiance. ROLL CALL All Present : Councilmembers Dexter , Lilley, Mackey, Shiers and Mayor Borgeson. Staff Present : Ray Windsor, City Manager ; Henry Engen, Community Development Director , Paul Sensibaugh , Public Works Director ; Chief Bud McHale, Police Department ; Jeff Jorgensen, City Attorney; Chief Mike Hicks, Fire Department ; Boyd Sharitz , City Clerk , Georgia Ramirez , Deputy City Clerk , Cindy Wilkins, Secretary to City Manager . I COUNCIL COMMENT Mayor Borgeson asked the audience to have any written protests entered into the record to do so at this time and give to Boyd Sharitz , City Clerk . This will be discussed during the Public Hearing regarding the Chandler Ranch Assessment District . Mary Mackey reported that many attended the League of California Cities annual meeting in San Diego. Many good speakers spoke during this meeting and she hopes everyone learned a lot from these speakers. Mayor Borgeson asked council to think about presenting a Citizen of the Year Award . She asked for nominations from service clubs and committees in the community and from individuals that might want to nominate someone for this award . She also asked staff to write a letter of thanks to the Recreation Department for the help they gave the City Council in making banners for the Colony Days Parade on a last minutes notice and they did a fine ,job . This was much appreciated by the Council . At this time Mayor Borgeson read the Proclamation for Red Ribbon Week . -1- i COMMITTEE REPORTS Tree Committee - Ursula Luna stated that the Tree Committee, as a last official act to express their appreciation to the BIA for- their efforts to beautify downtown Atascadero , presented to them an oak tree in hopes the tree will grow and blossom as the tree ordinance will . COMMUNITY FORM No public comment . A. CONSENT CALENDAR 1 . October 11 , 1988 CITY COUNCIL MINUTES 2. TREASURER ' S REPORT - SEPTEMBER, 1988 3. FINANCE DIRECTOR ' S REPORT - SEPTEMBER, 19ee 4. RESOLUTION _NO. 102_-88 AUTHORIZATION THE CITY MANAGER TO ENTER INTO A MASTER CARD AGREEMENT FOR THE CITY (cont 'd -ream 10/li /88) 5. ACCEPTANCE OF FINAL PARCEL MAP 9-88 - LAUREL ROAD (WHITE/ TWIN CITIES ENGINEERING) b. AUTHORIZATION TO EXPRESS OPPOSITION TO PROPOSED RULE OF PROFESSIONAL CONDUCT 2-400 (CITY ATTORNEY) I ?. AUTHORIZATION TO AWARD BID FOR 4-WHEEL DRIVE VEHICLE (FIRE DEPARTMENT) 8. ROCKY CANYON ROAD QUARRY APPEAL Motion: By Councilwoman Mackey, seconded by Councilman Dexter to approve Consent Calendar . Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES/REPORTS 1 . CHANDLER RANCH AREA ASSESSMENT DISTRICT ( Improvement District No . 5) Paul Sensibaugh , Public Works Director , gave the staff report . He stated that he would like to point out that in his report under fiscal impact , he indicated that council would address the issue of adopting the roads into the city maintained system after the warrantee period is over with . The warrantee period is normally one year after the construction has been finalized. Council may wish to -2- I I II adopt such resolution at an earlier date since one of the good faith efforts of the council has been to indicate to these people that they would bring these roads into the system once the assessment district is formed . Mayor Borgeson then conducted the public hearing in accordance with the Procedure for Public Hearing . John Falkenstein, of Cuesta Engineering gave the background report . Bill Bothwell from Orric-k, Herrington & -Sutcliffe of Los Angeles reported on the legal aspects of the assessment proceedings and issuance of bonds. Kathy Bando from Security Pacific Capital Markets reported on the financial aspects of the assessment financing and issuance of bonds. Boyd Sharitz , City Clerk , read the written protest made by Frank Trott , 10095 E. Old Morro Road , Atascadero . Gaylen Little, 8265 Toloso Rd . , spokesman for the formation of the assessment district for the Chandler Ranch area, and thanked the council for their favorable response during the past months. Also he thanked Paul Senisbaugh and John Falkenstein for their help on this project . He asked the council to accept the assessment district right after construction of the project . Frank Trott , 10095 Old Morro Rd . , who opposes the assessment district stated that there isn ' t that much wrong with the streets to start with and it doesn ' t do him any good one way or the other . John Falkenstein, Engineer of Work , responded to the protest . Mr . Trott ' s parcel is on the boundary of the assessment district and is located on the intersection of Los Osos and Old Morro Rd . He feels Mr . Trott ' s assessment is the same as everyone else ' s and is equitable because he uses that particular street (Los Osos) which is to be improved . Mayor Borgeson asked if anyone wished to withdraw their protest . At this time Mr . Trott responded "No Way Mayor 8orgeson asked the Engineer of Work what percentage of lands within the assessment district is represented by the written protest . -3- I I Mr . Falkenstein responded that Mr . Trott ' s parcel is approximately 1/2 of 1% of the area within the assessment district . He stated that protests that had been received make up less than 50% of the area within the assessment district . Mayor Borgeson asked the Engineer of Work for a report on financial requirements of project in Tight of bids and recommends approval of the same by the City Council . Mr . Falkenstein gave the cost breakdown and how the assessments were arrived at . Five bids were received on the -- project . The lowest bid was from Union Asphalt , Inc . -Their bid was $153,795. Estimated cost of construction at this time is $170,635. Other costs involved in the assessment district includes the engineering design of the improvement plans, the inspection of the construction of the improvements, soils testing that will take place during the construction of the improvements as well as field surveying with regards to center line street monuments. Total cost of project to assessment is $235,021 . This figure is divided by 120 units of property. Estimated assessment is $235,021 divided 120 times for an estimated assessment for each parcel of $1 ,959. Mayor Borgeson asked the councilmembers if they were satisfied with the report and the evidence that has been given on this matter . Councilmembers responded that they were satisfied with the report and evidence. Mayor Borgeson entertained a motion to close the public hearing . Motion: By Councilman Shiers, seconded by Councilwoman Mackey to close the public hearing . Passed unanimously. Motion: By Councilman Dexter , seconded by Councilwoman Mackey to adopt an order of determination that a major protest is not present . Passed unanimously by roll call vote. Cathy Bando , from Security Pacific stated that she wanted to make a clarification on the engineer ' s report . The figures contained in exhibit C of the Engineer ' s Report have exact figures for certain numbers that will be determined as a percentage a of the actual bonds that are sold including the bond discount of 3%, the reserve fund of 7% and the capitalized interest amount which will reflect the actual interest rate that is attached to the bonds. So those numbers will actually change among themselves. -4- Motion: By Councilman Dexter , seconded by Councilman Lilley to approve Resolution No . 103-88. Passed unanimously by roll call vote. Boyd Sharitz , City Clerk informed council that 5 bids were received . Paul Sensibaugh, Public Works Director , reviewed the bids and stated that the lowest bid was Union Asphalt for $153,785. Staff recommends that the council award the bid to Union Asphalt for $153,785. Motion: By Councilman Lilley, seconded by Councilwoman Mackey, to adopt Resolution No . 104-88. Passed unanimously by roll call vote. 2. CONVERSION OF x.50 DEVELOPMENT MITIGATION TAX TO A FEE AND EXPANDING THE BOUNDARY FOR THE LEWIS AVE. BRIDGE FEE (Cont ' d from l0/11/88) Staff report was made by Paul Sensibaugh , Public Works Director . There was no public comment . Paul Sensibaugh reported that a letter from the Chamber of Commerce had been received in favor of the fee. Mayor Borgeson stated that action will be taken on November 8th when a modified resolution and ordinance adjustments will be presented . 3. APPEAL BY KEVIN T. DEVANEY OF DOUBLE PERMIT FEE (5350 ` Dulzura Ave. - corrected address) Henry Engen, Community Development Director, gave staff report . Kevin T. Devaney, 5350 Dulzura Ave. , stated he is being penalized for grading work done by the previous owner of his property. Enforcement against the previous owner and a Lien should have been placed on the property so that he could have dealt with it during escrow. Kathy Devaney, Sombrilla Ave. , said this council is aware of the fact that the fees that are being assessed were not incurred by the current owner and therefore should not be double what he is attempting to do . Wrong to judge Kevin Devaney on the actions of some one else. He has done everything including paying for his permits on time in this project . -5- I i E Norm Canfield , Atascadero Board of Realtors president in January, said that there are many lots in 3-F Meadows and Long Valley with graded home sites which were done before the city's incorporation. Are they to advise the buyers of all those parcels they are now subject to double fees? Henry Engen said it would depend on how obvious it was that the site was graded . Sometimes rough grading over a period of time you wouldn ' t notice anything changed . Grading that proceeded incorporation would probably be "grandfathered" I but he would have to check with the City Attorney. After- council discussion the following motion was made. Motion: By Councilman Lilley, seconded by Councilman Shiers, to uphold the appeal of Kevin Devaney of the double permit fee. Passed 4 : 1 by roll call vote with Councilwoman Mackey voting no . 4. APPEAL BY ATASCADERO FORD OF PLANNING COMMISSION ' S I MODIFICATION TO CONDITIONAL USE PERMIT. I Staff report was given by Henry Engen, Community Development Director . Council and staff discussion followed . Dutch Sawyer representing Atascadero Ford said they have an existing monument sign that says "Ford" : not "Atascadero Ford It is owned by Ford Motor Company and nothing can be done with it as it is part of the franchise agreement to identify the site with a Ford sign. They had previously approved an additional pole-mounted sign. In September thru working with staff they modified to pull back the ok for an additional pole mounted sign that had another product named on it and simply put Atascadero Ford on the building . They had paid for the permit , had the OK to do the work . At the last meeting their ability to finish their job was denied by saying that everything is done but the sign is not up in the six month period of time. They went from a pole-mounted sign, to a wall mounted sign, to no sign. Maybe they should get their permit fee back . Kenneth Waage, 7450 Balboa Rd . , stated he felt that Atascadero Ford had a freeway sign and is easily identified as a Ford dealership and that one sign is adequate. -6- Debbie Muller , employee of Atascadero Ford , said she was rudely called and she was asked to remove the banners signs. The banners were immediately taken down. The sales manager was new in the City and he didn ' t realize that the City had so many regulations. Vince Lennon from Atascadero Ford said they were given a permit , they live up to their contract and thinks the City should as well . Council and staff discussion followed . Motion: By Mayor Borgeson, seconded by Councilman Shiers for denial of the appeal . Passed 3:2 by roll call vote with Councilwoman Mackey and Councilman Lilley voting no . I The mayor asked for a recess at 9: 15. Council reconvened at 9:30 P .M. C. UNFINISHED BUSINESS: 1 . CONSIDERATION OF INITIATION OF CHANGES TO THE "TREE ORDINANCE" Staff report was given by Henry Engen, Community Development Director . Ursula Luna, Chairman of Tree Committee, said the committee is recommending the ordinance be simplified and the previous list of native trees should be reduced to oaks only. They recommend the city employ an urban forester . This will eliminate the requirement for the public to hire a certified arborist . They are proposing to define the heritage tree category to make it very special . They recommend that trees planted by the property owner may be removed without a permit . The tree committee continues to recommend that the $35 fee be eliminated for dead and diseased trees. Sarah Gronstrand said please do not lose site of the fact the Council is an elected legislative body. It is the Council ' s responsibility to ,act on these matters and not the responsibility of an appointed group , be they commissioners or members of the tree committee, nor the paid employees . This is much too much power for the Council to delegate. 95% of the permits are for single houses. Does the staff have so much extra time that it can handle the extra work? If so , perhaps the department is over staffed . The ,second amendment to be addressed is the city forester . The work of a well-trained city forester is specialized and should be performed by a well-trained -7- person. We do need a full time forester due the fact of the city growing at such a fast rate. The people hired must be able to maintain independence and objectivity. The person must be responsible and answerable only to the council and the city manager . George Highland suggested for council consideration that when the ordinance requires the property owner to get the permit , we are overlooking the fact that the property owner very seldom actually removes the tree themselves. There should be some sort of measure of responsibility on the part of those engaged professionally in doing this type of thing to make certain that a permit is in existence. That is not required in the current ordinance and is not even suggested . A resident of San Luis Obispo spoke in favor- of hiring an Urban Forester . Elaine Oglesby spoke in favor of employing a full time Urban Forester . Dave Duncan read the letter that he had submitted earlier to the City Council . He asked that a tree management ordinance be included in the tree ordinance and feels other native trees besides oaks should be included . Celia Moss, Vice President of the Home Owners Assoc . does support the recommendations of the Tree Committee to strengthen and clarify the tree ordinance. They oppose any efforts to dilute the provisions of the ordinance and also recommend the employment of a full time arborist . Dorothy McNeal , Sierra Vista, finds the only objectionable part of the current tree ordinance is the requirement that an applicant must find an arborist , pay that person for expert opinion and also pay the city a fee in order to remove a tree on his property. She strongly favors hiring a city arborist/urban forester and the elimination of the city fee. Others speaking in favor of hiring an urban forester included : Ben Parker , Fred Frank , Joe Beatty, and Mike Platz - Motion: By Councilman Shiers, seconded by Mayor Borgeson to foward the Tree Committee recommendations to the Planning Commission to look at and possibly adopt as the Tree Ordinance. Discussion followed by the Council . -e- Councilman Shiers withdrew his motion. Motion: By Councilman Dexter , seconded by Councilman Lilley, to send this suggestion for modification of the Tree Ordinance to the Planning Commission for a Public Hearing . After the testimony of the Public Hearing to arrange for a working session between the Council and the Planning Commission which will be advertised and noticed and at that time it will be returned to the City Council for action. Passed unanimously by roll call vote. 2. NORTH COUNTY REGIONAL CENTER (Hurricane Investment Corporation) Ray Windsor , City Manager , gave the staff report . Frank Platz , member of the Mutual Water Co . Board of Directors stated the wells are "marginal at best" . Consensus of the council was to continue to support the North County Regional Center at the Rochelle Site and to direct the City Manager to appear before the Water Company at its next meeting the water company to service the site for the North County Government Center . D. NEW BUSINESS 1 . FIRE INSURANCE - BENO ' S BUILDING (5505 E1 Camino Real ) I Staff report given by Ray Windsor , City Manager . Consensus is in concurrence with the City Manager ' s report . I I 2. RESTRICTION ON LIQUOR SALES OUTLETS THROUGH ZONING AND SALE & USE OF ALCOHOL IN CITY PARKS/FACILITIES I Report was given by Mayor Borgeson. Following discussion by the Council and staff Ray Windsor , City Manager , said he would like to initiate some discussion during the staff meeting on Thursday. He will bring back a report to the Council at a later date as an agenda item. Motion: By Lilley, seconded by Mackey, that council direct staff to take a look at it and report back as an agenda item to include reference to the use of I conditional use permits as outlined by the Mayor . Passed unanimously. -4- I I E. INDIVIDUAL DETERMINATIONS: City Council Councilman Dexter that the secretary at the Methodist Church received a note of thanks from Sergie Vashuran who had just returned home to Moscow and sent greetings to the City of Atascadero . Councilwoman Mackey thanks for contributions to the Hot Line Bowl-a-thon. Councilman Lilley commented that he was asked to communicate an apology to the City and the Council from Brad Davis for political advertising . Message has been removed. City Manager : Ray Windsor reported that we are in the process of testing out two copiers that came in at a very reasonable price. Classification study - sent out 13 RFP ' s and got back 7. They range from $6,800 to $22,000. Staff is in the process of doing some reference checks on these companies. Highway 41 Hearing is scheduled for Wednesday night . He met with a financial consultant regarding some capital improvements and will be getting together some data that his firm can review. Would like a finance sub-committee to work with Mr . Windsor . An Administrative Services Director has been hired and he will be on board the 28th of November . His name is Mark Joseph . Parks and Recreation recruitment will conclude this Friday. MEETING ADJOURNED AT 11 :05 P.M. TO A SPECIAL JOINT MEETING WITH THE PLANNING COMMISSION AT 7:00 P.M. , THURSDAY, OCTOBER 27, 1988, FOURTH FLOOR CLUB ROOM, FOR THE PURPOSE OF GENERAL PLAN REVIEW; AND TO A SPECIAL CAPITAL IMPROVEMENT PROJECTS STUDY SESSION AT 5:00 P.M. , WEDNESDAY, NOVEMBER 9, 1988 IN THE FOURTH FLOOR CLUB ROOM -10- MINUTES RECORDED BY: BOYD C. SHARITi #I� CLE PREPARED BY: GEORG A-RAi RE2, Deputy Ci - Clerk-- -11-