HomeMy WebLinkAboutMinutes 012594 Approved as Submitted
Meeting Date: 02/08/94
ATASCADERO CITY COUNCIL
JANUARY 25, 1994
MINUTES
The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Luna and Mayor
Nimmo
Absent: One Seat Vacant
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Andy Takata, City Manager/Director of Community
Services; Henry Engen, Community Development Director;
Art Montandon, City Attorney; Russ Scotten, Interim
Finance Director; Mike McCain, Fire Chief; Lt. John Barlow,
Police Department; Steve Sylvester, City Engineer and Mark
Markwort, Chief of Wastewater Operations
COUNCIL COMMENTS:
Councilwoman Borgeson congratulated Atascadero High School students for receiving
their academic letter. In addition, she announced that she had received numerous
phone calls from residents in the Curbaril-Coromar-March ant area who report an
increase in crimes and late night harassment in the neighborhood. She requested a
meeting with the City Manager and Police Chief to receive a report on the incidence
of crime; including how many calls have been received and whether or not there is a
need for extra patrol in this residential area.
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, suggested that the City form a task force for
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the purpose of pursuing a fair rent structure for Atascadero. He remarked that
committee objectives might include conducting a housing survey, pin-pointing abuses,
designing and publishing a set of rental guidelines and consideration of a community
housing resolution (see Exhibit "A").
Eric Greening, 7365 Valle, announced that many Atascadero youth had participated
in the Cuesta College Chamber Music Adjudication and suggested that the City
Council might honor these individuals with a proclamation. The Council, by
consensus, directed staff to work with Mr. Greening in the preparation of the
proposed proclamation.
Marcia Torgerson, 6200 Llano, read a prepared statement (see Exhibit "B") relating
to the Planning Commission meeting of January 18, 1994 at which time a tree
removal application on Santa Ana Road was considered. She mentioned that there
appeared to be some confusion on the intent of key phrases of the existing tree
ordinance and requested that the City Council clarify for staff and the Commission the
intentions set forth in the tree ordinance. In addition, Ms. Torgerson commented that
she observed other points of confusion regarding an alternative building site and
interpretations by Commissioners of the Brown Act.
The City Attorney clarified the intent of the Brown Act and explained the difference
between Brown Act provisions and due process. Mr. Montandon offered to meet with
members of the Planning Commission in a workshop to go over these matters. There
I was also brief discussion regarding planning commissioner roles, duties and
educational opportunities. By consensus, the City Council directed staff to put the
review of tree ordinance on upcoming agenda.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments/Regional Transit Authority - Mayor
Nimmo announced that the next meeting would be Wednesday, February
2, 1994 at 9:00 a.m. in the Board of Supervisors Chamber, San Luis
Obispo County Courthouse.
2. Solid/Hazardous Waste Task Force - Henry Engen reported that on
January 6, 1994, the task force elected Susan Mullen (City of Morro
Bay) as Chairperson and Supervisor Harry Ovitt as Vice-Chairman. A
sub-committee was formed to plan the transition expected to take place
when the task force moves to a joint powers agreement arrangement.
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MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve the Consent Calendar, Items #B-2 and 3; motion passed.
4. CITY TREASURER'S REPORT - December 1993
Eric Greening, citizen, pulled the item and asked for an explanation of "TDA Non-
Transit" funds. Staff comments followed and, for clarity, the City Manager noted that
staff would follow-up with a formal report confirming what types of monies fall under
this category. Said report will be available to the public.
Councilwoman Borgeson requested additional information about the Camino Real
Construction Pool Cash fund. Russ Scotten clarified that these funds are for the off-
site improvements constructed as part of the Camino Real Improvement Assessment
District. Councilwoman Borgeson also asked for a status report on the Camino Real
Fashion Outlet project. Steve Sylvester noted that three separate construction
contracts are currently underway, are on schedule and proceeding according to
approved plans. He added that most of the work to-date has been underground.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve the Treasurer's Report; motion carried 4:0.
5. RESOLUTION NO. 05-94 - BID AWARD FOR WASTEWATER PUMP STATION
#2
Councilwoman Borgeson commented that she was concerned with the fact that only
one bid was received and stated that she would like to see an expanded list of
contractors to ensure more competitive bids. She remarked that she thought requiring
one million dollars for insurance may exclude small firms and observed that the bid
received was seven thousand dollars over what was projected.
Henry Engen reported seven firms were asked to respond but only one had replied.
He remarked that staff's estimate for this particular project may have been under-
estimated, but pointed out that overall the sewage system upgrade is still within
budget. Steve Sylvester explained bidding procedures for public works projects and
added that most contractors customarily carry levels of insurance for general liability
in the amount of one million dollars. Brief discussion ensued.
MOTION: By Councilman Bewley, seconded by Councilman Luna to approve
Resolution No. 05-94; motion passed unanimously by roll call
vote.
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6. RESOLUTION NO. 03-94 - Authorizing participation in the State Local
Partnership Program with the California Department of Transportation (SLTPP-
5423)
Councilman Luna asked for clarification of the fiscal impact. Henry Engen reported
that supplementary funding for three assessment districts are estimated as 9.33% of
the following totals: Las Encinas/San Gregorio/EI Camino Real Median project,
$4441,068, 3-F Meadows project, 214,226 and Camino Real project, 700,898.
Councilman Luna pointed out that property owners in the assessment districts may
get some relief in their share of the costs if the grants are approved.
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
Resolution No. 03-94; motion carried unanimously by roll call
vote.
7. PROPOSED J.P.A. BETWEEN THE CITY AND S.L.O. COUNTY FOR THE
DEVELOPMENT OF TENNIS COURTS AT HEILMANN REGIONAL PARK
Councilman Luna expressed gratitude to the Atascadero Tennis Club for their
contribution of $34,000. He noted that there are three trees proposed for removal
to accommodate expansion of the tennis courts and inquired as to whether the tree
removal would fall under the provisions of the City's tree ordinance. Henry Engen
responded that the trees are in the unincorporated area of the County and are,
therefore, not subject to the tree ordinance.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve the Joint Powers Agreement between the City of
Atascadero and San Luis Obispo County to jointly develop four
tennis courts at Heilmann Regional Park; motion carried 4:0 by roll
call vote.
C. PUBLIC HEARINGS:
1. GARCIA ROAD BRIDGE - Hearing to consider permanent posting of 5-ton load
limitation
Henry Engen provided the background and staff report. He reported that replacement
of the Garcia Road bridge is included in the City's Capital Improvement Plan (CIP) and
noted that although the bridge has been redesigned, funding has not been available
for the construction. He explained State Law requirements pertaining to temporary
and permanent posting of the bridge and responded to questions from Council.
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Councilman Luna shared concern about alternative emergency egress in the case of
a wildland fire area and stated that he would like to see area residents educated about
others ways to evacuate that part of town. Mike McCain, Fire Chief, noted that there
are two options for emergency exit: Santa Cruz Road and a dirt road (owned by
PG&E) off Garcia Road. He explained that the 5-ton limitation will preclude his larger
trucks/rescue units from crossing the bridge.
Public Comments:
Jim Dulitz, 1300 Garcia Road, said he had no qualms with posting the bridge but was
concerned about fire department response time delays. He urged the City Council to
give a high priority to the bridge replacement and to ensure residents that they will
receive fire protection. Mayor Nimmo asked staff when the City Council would review
the CIP. Henry Engen noted that the CIP would be re-evaluated at the mid-year
budget review and noted that this was tentatively scheduled for early February.
Councilman Luna remarked that he would like to see the matter examined by the
Traffic Committee.
Bob Gann, 1740 Garcia Road, also urged replacement of the bridge. He asked how
the 5-ton limitation will affect Dial-a-Ride buses, garbage trucks, PG&E and other
utility vehicles and also wondered who will enforce compliance.
Tom Martin, 8150 Santa Cruz, shared similar comments and asked who will be liable
if the 5-ton limitation is ignored and an accident occurs. Mayor Nimmo asked the
City Attorney if posting of the bridge will transfer liability to those who disregard the
notice. Art Montandon replied that proper posting and notice does put some of the
liability upon the vehicle's owner and operator and gives the City a tool for
enforcement.
Joe Kahler, 8100 Santa Cruz, indicated that he operates a construction business from
his home and will not be able to get his equipment across the bridge. He provided
some suggestions for culvert replacement and encouraged bridge replacement. Mr.
Caylor also asked why the developer, Gordon Davis, wasn't held responsible for
improving the bridge. In addition, he observed that emergency access on private
property is sometimes closed by a cable and shared additional concerns for fire safety.
The Mayor asked the City Engineer for his comments regarding a culvert alternatives
as opposed to a bridge. Steve Sylvester responded that staff is considering a culvert
crossing option that would offer a long-term solution, but noted that even though it
may be less expensive, funding sources may not be of the same scale as they would
be for a bridge. Based on the discussion, he added, staff would also look into
alternative funding sources.
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Councilman Bewley asked if a bridge had been considered for Santa Cruz Road.
Henry Engen noted that a bridge on Santa Cruz Road has been proposed in the
Circulation Element, but indicated that it is listed as a non-funded item for the future.
Carol Biggs, 920 Paseo Pacifico, had additional questions relating to fire protection
and emergency access. The Fire Chief explained that locks on the emergency exit
belong to the Fire Department and assured the public that access will not denied for
emergency vehicles. He also clarified that the Fire Department can cross the bridge
(even with the posting) to protect life and property.
---End of Public Testimony---
Council discussion followed. There was no support for the staff recommendation to
permanently post the bridge. Henry Engen noted that the City has 90 days to act and
suggested the matter be continued until the Council considers the possiblity of
funding a part of the 5-Year CIP. The City Council agreed to leave the temporary
posting in place and continue the matter until the mid-year budget review at which
time the 5-Year CIP will be re-evaluated. The City Engineer was instructed to prepare
a cost estimate for a culvert solution as an alternative for consideration.
Councilman Luna encouraged the public to attend and speak in favor of repairing the
bridge when the matter comes back for City Council review.
2. ORDINANCE NO. 276 - Adding Section 4-2.1008 to Article 10 of Title 4,
regulating skateboarding on private property
(Recommend (1) motion to waive reading in full and read by title only, and (2)
motion to introduce on first reading by title only)
Andy Takata provided the background and recommendation to introduce Ordinance
No. 276. He reported that a committee was being formed and research had begun
relating to a skateboard facility. Councilman Luna encouraged parental involvement
and participation.
Brief Council questions followed regarding the proposed ordinance and its'
enforcement. City Attorney Art Montandon noted that a violation can be a
misdemeanor or infraction, depending upon the incident, and reported that the
maximum fine is $1,000 (misdemeanor) or $500 (infraction). He also reported that
the ordinance does not regulate in-line skates or roller skates and emphasized that it
only addresses skateboards or some other variation of a board with wheels. Lt.
Barlow stated that the Police Department had not received any complaints regarding
in-line skates.
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There were no comments from the public.
MOTION: By Councilman Luna, seconded by Councilman Bewley to waive
the reading in full of Ordinance No. 276; motion passed
unanimously.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
introduce Ordinance No. 276 on first reading; motion passed 4:0
by roll call vote.
D. REGULAR BUSINESS:
1. RESOLUTION NO. 01-94 - Adopting consultant selection procedures
Henry Engen provided the staff report and recommendation to adopt Resolution No.
01-94 revising the City's Procurement and Purchasing Manual as it relates to public
works projects. He clarified that formal action would implement the Council's
decision of December 14, 1993 to approve consultant selection procedures. Brief
Council questions followed. There were no public comments.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 01-94; motion carried unanimously by roll call
vote.
2. TEMPLETON COMMUNITY SERVICES DISTRICT/CITY OF ATASCADERO
STUDY OF JOINT WASTEWATER TREATMENT VENTURE
Henry Engen presented this informational item. He indicated that there was no
recommendation as yet and mentioned that staff would continue discussions with
Templeton Services District regarding the possible joint venture.
Councilwoman Borgeson voiced strong opposition to the idea because she believed
it to be growth inducing and result in detrimental environmental impacts. She asked
staff how Fong the arrangement would continue, if approved. Mark Markwort, Chief
of Wastewater Operations, remarked that Templeton was looking for a long-term,
secure agreement. Templeton had approached the City of Paso Robles, he said, but
were told the City could not accommodate Templeton because its' sewer system is
already at capacity.
Councilman Luna indicated that he agreed with Councilwoman Borgeson and stated
that this added service would not benefit Atascadero rate payers. In addition, he
stated that he was opposed to taking on additional liability and asserted that staff
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time should be wasted no longer on the concept.
Mayor Nimmo remarked that there did not appear to be consensus on the matter and,
therefore, no need for any further action at this time. Councilman Bewley
commented that he would like to keep negotiations open. Discussion ensued
regarding the costs associated with serving Templeton and necessary for the capital
improvements needed for the City's wastewater system. Councilwoman Borgeson
proclaimed that growth will occur with the expansion of sewer service into
Templeton. Councilman Luna declared that although there may be a little relief in the
sewer fund, in the long-run, the added service would become a liability to the City.
There were no comments from the public. No action was taken.
3. ORDINANCE NO. 274 - Amending Map 17 of the official zoning maps by
rezoning certain real property at 7406 Santa Ysabel Ave. from RMF/16 to
RMF/16 (PD7) (ZC #93005: Gearhart)
(Recommend motion to adopt on second read/ng by title only)
Henry Engen provided the staff report and recommendation to approve the ordinance
on second reading.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Ordinance No. 274 on second reading; motion passed 4:0 by roll
call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Attorney
Art Montandon added an item regarding real property negotiations to the Closed
Session.
2. City Clerk: League Environmental Quality Policy Committee - Meeting Report
Lee Price provided an overview of the League Policy Committee meeting of January
13, 1994. Committee actions, she reported, centered primarily around new legislation
affecting penalty provisions of AB939 and other issues relating to State-imposed
recycling mandates.
3. City Treasurer
Micki Korba, member of the Economic Round Table, voiced support for redevelopment
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and asked the Council to give it much consideration.
4. City Manager: Propose dates for study session regarding redevelopment
Andy Takata noted that staff was looking for a date to conduct a study session on
redevelopment. Mayor Nimmo suggested, because of the implications, that the
workshop be held after the close of the nomination period for the June election so
that Council candidates could have the benefit of being present. He noted that he
expected any action taken on this item would be by a full Council. By mutual
consent, the study session was set for Tuesday, March 29 at 7:00 p.m.
The City Manager mentioned that mid-year budget review was set for the next City
Council meeting and suggested that the meeting begin at 6:00 p.m. By consensus,
the City Council agreed to meet at 6:00 p.m. on Tuesday, February 8, 1994 at 6:00
p.m. for the purpose of mid-year budget review.
ADJOURNMENT:
At 8:45 p.m., the City Council adjourned to a Closed Session for the purpose of
discussions regarding personnel negotiations and real property negotiations (2000
Ramona); said Closed Session held pursuant to Government Code Sections
54957.6(a) and 54956.8.
THE CITY COUNCIL ADJOURNED THE CLOSED SESSION TO FEBRUARY 8 1993 AT
6:00 P.M.
MINUTES RECORDED AND PREPARED BY:
LEY PRICE, City Clerk
Attachments: Exhibit A (Jansen)
Exhibit B (Torgerson)
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E' ACKG` R, CUN0 srr NAu
Page 1
1. Inflated prices have reduced housing construction.
2. Due to lack of supply, rents for old housing with few amenities
have advanced pore rapidly in comparison, thus generating an atti-
tude of greed and the disposition of the slum landlord.
3. r•eelings of abusive rents contribute to tenant abuse, shorter terms
of residence and w:.th increased instability a deterioration, of
housing relationships and higher security deposits.
4. vearly comparable rents. for housing which is old, paid for, and
tax sheltered by Prop 13 is scandalous, undemocratic and unjust.
081JECT I `JFS
1. _•o challenge the Faith community, as our collective conscience,
to p.leed for and to defend the application of the fair-profit
principle to rent levels in Atascadero.
Z. To mobilize public opinion to create and to support a voluntary
restraint on rents in line with Guidelines
d comon mon on the basis of
the facts dete--zi.ned by a ao inS
3. TO pinpoint and publicize such instances of abuses discovered,
by-either or 'coth owners and tenants.
4. TO invite. the organizations of the community to consider and to
endorse,in a spirit of Live and Let Live, the Housing Resolution.
V 'nUI i
1_ -Recruitment of a volunteer Housing Task yorce, beginning with ten
but rising thirty or thirty-five citizens.
2. Task Force to devise and conduct a housing survey,
t0 be cuhici.zed
and distributed by the Faith Community and all organizations which
endorse the Housing Resolution,. (See reverse side -for a first draft)
3. fer Survey :publicity .in the form of Guidelines, and abuses.
I �= w1.1� AI I T Ir
1. cjood housing, like food and clothing, is a human being's right.
2. Citizens who are deprived cannot attend to their spiritual inclina-
tions, educational advance and civic responsibilities. Neither could we.
3. unless the better-off try colectively; to free the under-privileged
from their ,sentence,, to materialism, aspirations to become a better
Derson will not rise easily for either group, and outward postures of
worship and piety wiril be fruitless and hypocritical.
?lease share this with your pastor. if you are as concerned about this as
L am, pleasecontactme, Raymond K. Jansen, 6655 Country Club Dr. Tele-
phone: 466-4733• castor: Please share with your members. �.-
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EXHIBIT "A"
Page 2
Housing Resolution
WHEREAS: All rents should be just in relation to investment,
indebtedness, condition of property and amenities provided,
and
WHEREAS: Tenants can be expected to practise due care for the
residence and to meet normal demands of cleanliness, safety,
outwa.rd. appea:rances and other regards to neighbors. and neigh-
borhood, and -
WHEREAS.: A community's quality of life is measured, in part,
by the observences of the above expectations by both parties,
V EREFORE: Be it RESOLVED that in recognition of our common.
humanity, and a. general experiencer.of known abuses of housing
rel.ati.ouships, and our commitment to principles which should
eliminate such abuses and improve or strengthen those relation-
ship, that We, the Governing Board of
assent to and affirm
that a volunteer dousing Task Force be formed for the following
purposes:
1. To plan and conduct a housing. survey to ascertain
the housing circumstances in Atascadero, and
a. On the basis of the survey findings of circumstances
of abuses by either or both parties, to design and publicize a.
set of rental. guidelines on the basis of facts and common sense
regarding tenant and owner responsibilities. and
3. specifically document any extreme abuses which ad-
versely affect: housing attitudes in the Community as a whole.
SIGNED: this day, the day of
19 by the designated officers.
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MARCIA MCCLURE TORGERSON EXHIBIT "B"
6200 Llano Road Page 1 ;
Atascadero, CA 93422
466-7980
January 25, 1994
Atascadero City Council
Dear Councilmembers:
Last Tuesday, at the Planning Commission meeting, there seemed to be some
confusion on the intent of Atascadero's Tree Ordinance. Staff had rejected a tree
removal application in November 1993. In a letter from the Planning Department
to the applicant the City explained in order to make your application complete for
the Planning Commission consideration, therefore, it will be necessary for you to
explain why a single family residence cannot be established on this site without
having to remove native trees. Clearly there are other suitable locations for a
residence on this site......Once a reasonable range of design alternatives are
available... . The applicant came back to Staff with alternatives that only
consisted of the originally designed house moved to the alternate sites using
retaining walls to fit it in.
Commissioner Lochridge, who was involved in the formation of the Tree
Ordinance, said that the intent of the term "practical design alternatives" was to
show homes designed for the alternate sites. The applicant felt that the wording
of the Tree Ordinance where it states "The tree is obstructing proposed
improvements that cannot be reasonably designed to avoid the need for tree
removal.", allows him to only offer his original design on alternate sites as "design
alternatives.
What this all boils down to is that there seems to be some uncertainty as to the
intent of some key phrases in the Tree Ordinance. I would like to request that you
clarify the intent of these phrases and inform the Planning Staff and Commission
so as to avoid future confusion.
Also, two of the Commissioners who voted in favor of the tree removal application
said that they were opposed to it until they went and walked the property. They
said that they felt there was no alternate building sites because it was too steep.
However, the General Plan states that a building site can be on any location that is
less than 30% slope. The area these Commissioners walked was less than 30%.
l think these Commissioners need to be informed that an alternate building site is
selected by percentage of slope and not how it feels when you walk it.
Another Planning Commissioner stated, to a member of the public, that the
Planning Commission must vote as per Staff's recommendation otherwise the City
could be sued. That seemed to be his only reason for voting in favor of the
application. If that were true, why even have a Planning Commission?
(2)
Another point.of confusion at the Planning Commission meeting was interpretation
of the Brown Act. It, is my understanding that private citizens may contact City
officials about upcoming issues as long as they only express their concerns about
the issue and don't solicit the official's.vote. Some of the Planning Commissioners
are under the impression that they shouldn't talk at all to any citizen who has
already possibly spoken to a majority of the Commissioners.
Hopefully, the City Attorney can clarify my last two comments on legal issues. I
would also appreciate your correcting me on any of these issues if I am wrong.
Sincerely,
MAA
r
Marcia McClure T o gerson
Im