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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). CC 03/14/95 Page 1 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 CC 03/14/95 Page 2 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. CC 03/14/95 Page 3 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. CC 03/14/95 Page 4 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. CC 03/14/95 Page 5 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. CC 03/14/95 Page 6 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 CC 03/14/95 Page 7 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 CC 03/14/95 Page 8 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 CC 03/14/95 Page 9 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). CC 03/14/95 Page 10 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. CC 03/14/95 Page 11 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. CC 03/14/95 Page 12 MINUTES RECORDED AND PREPARED BY: LEE PRICE, City Clerk CC 03/14/95 Page 13