HomeMy WebLinkAboutMinutes 031495 Approved as Submitted
Meeting Date: 03/28/95
ATASCADERO CITY COUNCIL
MARCH 14, 1995
MINUTES
The Mayor called the meeting to order at 7:04 p.m. Councilperson Carden led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Highland, Johnson, Luna and
Mayor Bewley
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCain, Fire Chief; Bud
McHale, Police Chief; Steve Sylvester, City Engineer; John
Neil, Assistant City Engineer; Geoff English, Recreation
Supervisor and Claudia Collier, General Curator
CITY MANAGER COMMENTS:
Andy Takata requested that a resolution proclaiming a state of local emergency be
added as a matter of urgency. The heavy rainfall and flooding over the past weekend
occurred after the agenda was posted, he noted, and at least a 4/5 vote was required
to place the item on the agenda.
MOTION: By Councilman Luna, seconded by Councilman Johnson to place
the matter on the agenda; motion carried 5.0 by roll call vote.
(See Item #C-6).
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The City Manager provided a storm update. John Neil summarized drainage problems
and solutions for the Amapoa/Tecorida basin.
COUNCIL COMMENTS:
MOTION: By Councilman Carden to add an emergency resolution supporting
the construction of the Alternate A-Modified alignment of the
Highway 41 bridge across the Salinas River given the failure of
the existing Curbaril Bridge because of the recent heavy storm.
Discussion on the motion: Art Montandon provided legal advise as to the
findings the Council must make to place an item of urgency on the Council
agenda. Councilman Carden explained that he believed the resolution was
necessary in order to give Caltrans direction and expedite repairs on the fallen
bridge. Councilman Luna spoke in opposition and suggested that the Council
obtain more information before taking any action. Councilman Johnson agreed
and added that public input must be obtained. The City Manager reported that
the Council of Governments is likely to hold a special meeting regarding the
matter.
Motion seconded and voted upon: Councilman Highland seconded the motion;
motion failed 2:3 (Ayes: Carden and Bewley. Noes: Johnson, Highland and
Luna). (Note: see page 12 for additional action).
Councilman Highland asked when a revised investment policy would be brought to the
City Council. Andy Takata reported that the consensus of the Finance Committee has
been to defer the matter until it becomes more clear what changes in State Law will
result from the Orange County crisis. By mutual consent, the Council requested that
the Finance Committee meet to expedite the development of a revised investment
policy.
Mayor Bewley announced that Item #C-3 will be postponed until the next regular
meeting.
PRESENTATIONS:
O Presentation by Ellen Sturtz, S.L.O. County TV Franchise Coordinator
Ellen Sturtz, Franchise Administrator for the County of San Luis Obispo, provided an
overview of efforts to establish a countywide community access planning consortium
whose primary focus will be on access to cable TV and other technologies. She
requested that the City Council consider directing staff to work with the consortium
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to finalize a draft Memorandum of Understanding and, 2) appoint a staff member to
participate in the initial planning process. Brief Council questions followed.
COMMUNITY FORUM:
John Berfumo, 7420 Atascadero Avenue, commented on flooding in his neighborhood
and remarked that drainage culverts are too small to handle the amount of water and
spill-over from Atascadero Lake that has occurred.
Weyman Smith, 8310 Azucena, also shared concern that drainage culverts are not of
adequate capacity to handle water flow. He stated that assessments for drainage
purposes have been paid, but no work has yet been done.
John Bunyea, 3310 Rio Vista Lane (Unincorporated County), urged the Council not
to do a quick fix solution to the bridge and spoke in favor of the Alternate-A Modified
solution.
Chuck Stone, 7305 N. River Road (Unincorporated County), spoke regarding the
Public Utility Commission's decision to de-regulate and the downsizing of Pacific Gas
& Electric Company. He explained that service in Atascadero will be greatly impacted
and urged the City Council to investigate and contact State representatives.
Larry Price, 8400 Azucena, reported that he has been flooded twice this year, offered
some solutions and requested appropriate follow-up action. He asked what corrective
actions have been taken over the past seven years and what benefits he will receive
from a $12,000 drainage assessment he recently paid on a home he is building on San
Gabriel. Mr. Price mentioned that some improvements have been made to multi-family
complexes on Amapoa and asked if these modifications were permitted by the City.
He also reported that a nearby residence has a lot of junk, including inoperative cars,
piled in the yard and is restricting the water flow. Councilman Johnson asked how
complaints of this nature are handled. Andy Takata reported that the City's contract
code compliance official addresses nuisance abatement and it was suggested that Mr.
Price contact City staff about his concerns.
Ray Jansen, 6655 Country Club Drive, commented that he seldom sees any media
coverage of those who speak under Community Forum and requested that reporters
pay more attention to these comments. Addressing the collapse of the Salinas River
Bridge, he emphasized that there is no constructive point in placing blame in a matter
that is clearly an act of God and urged positive solutions.
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MOTION: By Councilman Luna, seconded by Councilman Carden to extend
Community Forum beyond 30 minutes; ; motion passed
unanimously.
Eric Greening, 7365 Valle, clarified the Council of Government's action regarding the
Highway 41 project and remarked that it is not appropriate to blame a current natural
disaster on a political decision. He suggested that Council priority should be safety
first with recognition given to the fact that there already was (before the storm) a six
billion dollar shortfall in the State's budget.
Bob Caruba, Templeton resident, spoke in favor of realignment and argued that merely
widening the Curbaril bridge will not eliminate the dangerous situation there.
Carol Ball, 7070 Marchant, urged people to write to the Public Utilities Commission
regarding the downsizing of PG&E. She also spoke in favor of the Alternate A-
Modified solution for Highway 41 .
Jerry Clay 7265 Sycamore, stated that the was disappointed the Council did not act
on the resolution presented by Councilman Carden and spoke in favor of Alternate A-
Modified realignment.
Debbie r H n 72
Horton, 50 Sycamore urged the Council and the Council of Governments
(COG) to move ahead on the realignment because of safety.
Dorothy McNeil, 8765 Sierra Vista, commented that the collapse of bridge has made
a lot of people nervous and suggested that people review the facts.
Livia Kellerman, 5460 Honda, remarked that the realignment will not solve the
problem at the intersection of Highway 41 .
Kim Cutler, 8370 Azucena, voiced concerns about a dirt culvert behind her house and
recommended that the City look into some of the suggestions made by Mr. Price.
Geraldine Brasher, 3202 Monterey Road, commended the Council for stepping back
and tackling the problem with the bridge one step at a time. She added that the fact
that the bridge went out has nothing to do with the realignment controversy.
---End of Public Testimony---
The Mayor called a recess at 8.44 p.m. At 9:02 p.m. the meeting resumed.
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A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - February 14, 1995
City Clerk recommendation: Approve
2. CITY COUNCIL MINUTES - February 28, 1995
City Clerk recommendation: Approve
3. CITY COUNCIL MINUTES - March 2, 1995 (Mid-Year Budget Session)
City Clerk recommendation: Approve
4. FINANCE DIRECTOR'S REPORT - January, 1995
Staff recommendation: Review and accept
5. APPROVAL OF WARRANTS FOR MONTH OF FEBRUARY, 1995
Staff recommendation: Review and accept
6. RESOLUTION NO. 25-95 - Supporting Senate Bill 1 X: Proposal to waive local
match for securing disaster relief funds
Staff recommendation: Adopt
7. RESOLUTION NO. 24-95 - Authorizing amendment of fees for notary services
Staff recommendation: Adopt
8. ACCEPTANCE OF SLOPE REHABILITATION PROJECTS IMPROVEMENTS
Staff recommendation: Accept and authorize release of 10% retention
9. RESOLUTION NO. 21-95 - Approving mid-year amendments to the 1994-95
adopted budget
Staff recommendation: Adopt
10. RESOLUTION NO. 27-95 - Designating City representatives authorized to
execute State Office of Emergency documents for certain federal financial
assistance
Staff recommendation: Adopt
Councilman Carden pulled Item #A-4.
MOTION: By Councilman Highland, seconded by Councilman Luna to
approve the Consent Calendar Items #A-1 through 3 and 5
through 10; motion approved 5.0 by roll call vote.
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Re: Item #A-4. FINANCE DIRECTOR'S REPORT - January, 1995
Staff recommendation: Review and accept
Councilman Carden requested that the Finance Director's Report be placed on the
Regular Business Agenda for at least the next several months. Councilman Johnson
indicated he would like to see more information about revenues and expenses. Brad
Whitty reported that he was in the process of expanding the Finance Director's
Report. Councilman Carden noted that there appeared to be a significant amount of
uncollected debts and asked if the City has a collections process. Brad Whitty
reported that the City contracts with Medico-Dental Adjustment Bureau for past-due
debt collection.
MOTION: By Councilman Carden, seconded by Councilman Johnson to
approve the Finance Director's Report; motion carried
unanimously.
B. PUBLIC HEARINGS:
1. GENERAL PLAN AMENDMENTS
A. Resolution No. 22-95 - Amending Circulation Element to designate EI
Bordo as a "collector" street (GPA 94001; Berean Baptist Church)
Planning Commission recommendation: Adopt
Henry Engen provided the staff report and recommendation to approve. He
emphasized that there will not be any assessments or improvements applied because
of the change in street status.
Public Comments:
Greg Peterson, 6599 San Gabriel Road, spoke in support of the request and thanked
staff for their efforts.
---End of Public Testimony---
MOTION: By Councilman Johnson, seconded by Councilman Highland to
approve Resolution NO. 22-95 as recommended; motion passed
5.0 by roll call vote.
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B. 6000 San Palo:
1. Resolution No. 13-95 - Approving an amendment to the General
Plan Land Use Map by redesignating certain real property at 6000
San Palo from Low Density Single Family to Tourist Commercial
(GPA 94003; Summers)
Planning Commission recommendation: Adopt
2. Ordinance No. 285 - Amending the official City zoning map by
rezoning subject real property from RSF-Z to CT (ZC 94004)
Planning Commission recommendation: (1) motion to waive
reading in full and read by title only, and (2) motion to introduce
on first reading by title only
Henry Engen provided the staff report and recommendation to approve. Responding
to inquiry from Councilman Johnson, he summarized the allowable uses. There were
no public comments.
MOTION: By Councilman Carden, seconded by Councilman Johnson to
approve Resolution No. 13-95 as recommended; motion passed
5:0 by roll call vote.
MOTION: By Councilman Highland, seconded by Councilman Johnson to
waive the reading in full of Ordinance No. 285: motion passed
unanimously.
MOTION: By Councilman Highland, seconded by Councilman Johnson to
approve Ordinance No. 285 on first reading; motion passed
unanimously.
C. 3555 EI Camino Real•
1. Resolution No. 11-95 - Approving an amendment to the Land use
Map by redesignating subject property from Suburban Residential
to Moderate Density Single Family Residential and including the
site within the Urban Services Line (GPA 94005; Pentecostal
Church)
Planning Commission recommendation: Adopt
2. Ordinance No. 284 - Amending the official City zoning map by
rezoning subject real property from RS to RSF-Y (ZC 94006)
Staff recommendation: (1) motion to waive reading in full and
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read by title only, and (2) motion to introduce on first reading by
title only
Henry Engen provided the report and responded to brief questions.
Public Comments:
Russ Thompson, representing the Pentecostal Church, spoke in support of the
application and requested approval.
---End of Public Testimony---
MOTION: By Councilman Carden, seconded by Councilman Luna to approve
Resolution No. 11-95; motion passed 5:0 by roll call vote.
MOTION: By Councilman Carden, seconded by Councilman Luna to waive
the reading in full of Ordinance No. 284;motion passed
unanimously.
MOTION: By Councilman Carden, seconded by Councilman Luna to
introduce Ordinance No. 284 on first reading; motion passed
unanimously.
C. REGULAR BUSINESS:
1. LAS ENCINAS/3-F MEADOWS ASSESSMENT DISTRICTS - Final project cost
and action on SLTPP Grant fund reimbursement
Staff recommendation: Review and provide direction
Brad Whitty provided the staff report and presented options. He noted that staff is
recommending Option #4 (calling of the bonds) and requested further direction from
the Council
Councilman Highland asked why the City has incurred additional costs in construction.
John Neil explained that cracks in the pavement surface of the roads in the Las
Encinas Assessment District have posed unforeseen difficulties. He noted that it was
never the intention of construction to solve this problem and predicted that it will
continue to be an on-going problem.
Councilman Johnson inquired as to what has been done in the past in terms of
refunds. Brad Whitty reported that this is the first time the City has had surplus
assessment district funds because of grant monies were received and construction
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costs came in under bid.
Public Comments:
Leo Korba, 10905 Santa Ana Road, suggested that the Council consider conducting
a survey of the residents and let them give their opinion of where the money should
go.
Hal Hayes, 2505 Alturas, indicated that he was speaking for residents in the Las
Encinas and 3-F Meadows districts. He urged the Council to approve Option #2
(credit to property owner).
---End of Public Testimony---
Council discussion ensued. Councilman Highland spoke in favor of sending out a
questionnaire to parcel owners to determine which of the two methods (Options #2
or #4) they prefer. Councilman Carden suggested that Option #3 (held in trust for
street maintenance) also be included as an alternative. Councilman Highland
commented that the residents already feel they have been paying taxes over the years
for road repairs and have not been receiving the maintenance. Councilman Luna
asserted that the money should go back to the property owners and asked Mr. Hayes
if the property owners had been polled for a preferred option. Mr. Hayes indicated
that no formal poll had been conducted.
By Council consensus, staff was directed to develop and send out a questionnaire
(subject to Council review) to property owners in the Las Encinas and 3-F Meadows
Assessment District to determine a preferred option. The matter will comeback for
formal resolution.
2. ORDINANCE NO. 286 - Amending the Zoning Ordinance text and map to
establish a Planned Development Overlay Zone No. 11 for the 3-F Meadows
Ranch Development project (ZC 94001; Davis Family Trust)
Staff recommendation: Adopt on second reading by title only
MOTION: By Councilman Carden, seconded by Councilman Johnson to
adopt Ordinance No. 286 on second reading; motion passed 5:0
by roll call vote.
3. ECONOMIC ROUND TABLE RECOMMENDATIONS
A. Resolution No. 01-95 - Affirming advisory committee's purpose and
revising membership
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ERT recommendation: Adopt
B. Downtown zoning - Initiating text amendment to allow offices on the
first floor in the Pedestrian Retail Overlay Zone
ERT recommendation: Approve
This matter continued until March 28, 1995.
4. RESOLUTION NO. 23-95 - Adopting Revised City Facility Policies, Procedures
and Fees
Staff recommendation: Adopt
A. City parks and facilities policy & fee adjustments
B. Revisions to Charles Paddock Zoo admission fees
Brady Cherry provided the staff report and recommendation to approve. Geoff English
summarized the changes in the policy regarding use of facilities. Councilman Luna
asked the City Attorney if he was comfortable with changes in the policy regarding
use by religious groups. Art Montandon indicated that he was and expressed
appreciation to Reverend Trey Littlejohn for his assistance in revising the policy.
Public Comments:
Reverend Trey Littlejohn expressed appreciation to staff and commented that he
approved of the new policy.
---End of Public Testimony---
Councilman Highland opposed limiting major events at the Atascadero Lake Park to
six during the peak park season because it was too restrictive. Geoff English reported
that large events impact parking, the average park user and creates additional staff
time for set-up, clean-up and park maintenance. He explained that cost recovery of
staff time is a major concern and noted that staff endeavors to cover the bottom line
of their departmental budgets despite increasing demands on City personnel. The
policy recommendations, he concluded, are an effort to balance those two issues.
Claudia Collier reviewed recommended changes in admission fees for the Charles
Paddock Zoo.
MOTION: By Councilman Carden, seconded by Councilman Johnson to
adopt Resolution No. 23-95 as recommended by staff; motion
passed 4:1 (Highland).
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5. CITIZEN TASK FORCE FOR ECONOMIC RECOVERY - Alternatives
Staff recommendation: Approve
Brad Whitty presented the staff report on behalf of the City Manager. Councilman
Luna commented that he would have liked to have seen representation by the Friends
of the Library but noted that they are a "County" group. Councilman Carden
recommended that department heads define "level of service" so that everyone knows
what that is.
MOTION: By Councilman Luna, seconded by Councilman Carden to approve
the membership as proposed by the City Manager; motion passed
unanimously.
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments (COG)/S.L.O. Regional Transit Authority
(SLORTA) - Councilman Carden reported that SLORTA had met and
discussed the "Safe Ride Home Program" and indicated that the service
is available to all, not just the intoxicated, and is funded by the private
sector not public. He also mentioned that Caltrans was discussing the
elimination of the Ride Share Program and stated that a counter effort
has been instigated through the legislature. He proposed that the City
Council consider the adoption of a resolution opposing the elimination of
said program. There was consensus to bring this matter back at a later
date. Councilman Carden reported that the next regular meeting of the
COG will be April 5, 1995.
2. Economic Round Table - Councilman Johnson reported that he had
attended a meeting of the North County Telecommuter Coalition and
advised he would keep the Council apprised of forthcoming
recommendations.
3. Air Pollution Control District - Councilman Highland reported that the last
meeting had been canceled due to bad weather and it had not yet been
rescheduled.
4. Upper Salinas River Coordinated Resource Management and Planning
Committee - Councilman Highland reported that the next meeting will be
March 21, 1995.
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5. North County Council - Councilman Highland reported that the Executive
Committee will be coming out with a recommendation paper on the
Salinas River Basin.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Carden indicated that he would like to propose a resolution at a later date
stating opposition to Caltrans seismic retrofit priorities.
Councilman Carden expressed disappointment that he had not had Council support for
adding the urgency resolution he proposed earlier (see page 2). Discussion ensued.
By mutual consent, staff was directed to bring back at the next meeting the proposed
resolution with an accompanying staff report from Caltrans.
Councilmembers Carden and Johnson expressed appreciation to City staff and other
support service organizations for emergency response during the recent floods.
2. City Clerk
Lee Price provided an update on an open recruitment for a local resident to serve as
Atascadero's delegate to the Citizens Transportation Advisory Committee (CTAC).
3. City Treasurer
Micki Korba spoke in support of delaying the adoption of a revised investment policy
until after she attends some workshops at the end of April that will delve into the
latest information regarding investment policies. She noted that the Finance
Committee was aiming to meet a previous request by Councilman Highland to bring
the annual investment policy forward concurrent with budget adoption and the seating
of a new council and mayor.
4. City Manager
Henry Engen provided an overview of the items scheduled for the next agenda.
THE MEETING WAS ADJOURNED AT 10:50 P.M. THE NEXT MEETING OF THE
ATASCADERO CITY COUNCIL WILL BE TUESDAY, MARCH 28, 1995 AT 7:00 P.M.
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MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
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