HomeMy WebLinkAboutMinutes 071195 Approved as Submitted
Meeting Date: 07/25/95
ATASCADERO CITY COUNCIL
JULY 11, 1995
MINUTES
CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. for purposes of discussions
pertaining to:
1. Conference with labor negotiator: Agency Negotiator: Andrew Takata,
City Manager; Employee Organization: Management
Closed Session was adjourned at 6.45 p.m. There were no announcements.
REGULAR SESSION:
The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Art Montandon, City
Attorney; Brady Cherry, Director of Community Services;
Brad Whitty, Finance Director; Lt. John Barlow, Police
Department; Steve Sylvester, City Engineer; John Neil,
Assistant City Engineer; Steve DeCamp, City Planner; Doug
Davidson, Senior Planner; Mark Markwort, Chief of
Wastewater Operations and Valerie Humphrey, Engineering
Department
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SPECIAL PRESENTATION:
Mayor Highland and Claudia Collier, Zoo Manager, presented special recognition to
Donna Marshall, Volunteer, Charles Paddock Zoo Gift Shop Manager.
COUNCIL COMMENTS:
Jim Brenton, 11465 Santa Lucia Road, shared concern about continuing operations
at the Millhollin Mine beyond the termination date of the interim operations agreement
established between the City and the County. The City Manager noted that the
matter would be on either the July 25th or the August 8th City Council agenda. The
City Attorney provided brief legal status on.a related lawsuit.
Eric Greening, 7365 Valle, asked that a review copy of the administrative draft
environmental impact report on the South Atascadero Area Plan be made available to
the public. The City Clerk reported that a copy was available at the Public Library and
in the Office of the City Clerk.
Tom Walters and Michelle Velasco of Wil-Mar Disposal presented a symbolic check
in the amount of $23,643 for California Redemption Value (CRV) collections.
Terril Graham, 6205 Conejo Road, inquired about legal requirements for noticing the
public regarding land use matters. The City Attorney responded.
COMMUNITY FORUM:
Mayor Highland read the Consent Calendar, as follows:
A. CONSENT CALENDAR:
1. RESOLUTION NO. 67-95 - Approving an Interim Budget for the 1995-96 Fiscal
Year
Staff recommendation: Adopt
2. RESOLUTION NO. 75-95 - Supporting request that CalTrans retain the
temporary Curbaril Bridge structure following the completion of the Highway
41 Realignment Project
Staff recommendation: Adopt
Councilman Johnson pulled Item #A-2.
MOTION: By Councilman Bewley, seconded by Councilman Carden to
approve Item #A-1 of the Consent Calendar; motion passed 5:0.
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Re: Item #A-2. RESOLUTION NO. 75-95 - Supporting request that CalTrans retain
the temporary Curbaril Bridge structure following the completion
of the Highway 41 Realignment Project
Staff recommendation: Adopt
Andy Takata reported that this matter had been agendized at the request of
Councilman Carden for purposes of giving direction to the Council of Governments
(COG) as to the temporary bridge structure over the Salinas River at Curbaril (Highway
41). Councilman Carden reported that COG staff is planning to present a resolution
encouraging CalTrans to maintain the temporary bridge for pedestrian, equestrian and
emergency access. He noted that he would like to see Atascadero have some input
into the language of said resolution.
Councilman Johnson expressed concern that the proposed resolution might jeopardize
the Highway 41 realignment project and asked for additional information. Mayor
Highland commented that the City of Atascadero is not in the financial situation to
buy the temporary bridge for a cost of $900,000 and speculated that CalTrans will
not simply turn it over to the community. He added that the County of San Luis
Obispo has already indicated that it will not participate in the maintenance of the
bridge and agreed that an attempt to retain the temporary bridge may jeopardize the
realignment project and new bridge construction.
Public Comments:
Eric Greening, 5th District delegate to Citizens Transportation Advisory Committee,
reported that there have been discussions regarding the timing of the removal of the
bridge and commented that safety implications are of concern. He urged the Council
to attempt to keep the bridge as long as possible to maintain accessibility throughout
the three construction phases of the project.
---End of Public Testimony---
The matter was continued;staff was directed to consult with CalTrans and bring back
more information.
B. PUBLIC HEARINGS:
1. AUTHORIZING THE FORMATION OF SEWER ASSESSMENT DISTRICT NO. 9
(San Gabriel Road)
Staff recommendation: Approve
Mark Markwort provided the staff report and recommendation to approve the
formation of Sewer Assessment District No. 9. He responded to Council questions
regarding the Regional Water Quality Control Board mandates, cost estimates, number
of properties affected and past district formations.
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Public Comments:
Peter Gruetzmacher, 7455 San Gabriel, expressed opposition to formation of the
district. He shared concern for property owners who will pay additional costs to
access the sewer and voiced distress for added growth potential.
F.C. Bird, 7700 San Gabriel Road, declared opposition and stated that he has no
problem with his septic system.
Matt Depew, 9555 Carmelita, protested and asserted that there has been no recent
survey conducted.
Louis Silivera, 9560 Carmelita, also opposed the district formation.
Mia Vandiepen, 7650 San Gabriel, urged the Council to not form the district and
pointed out that the cease & desist area mandates were not recorded with property.
George Walker, 7475 San Gabriel, contended that some property owners in the
immediate area are not in the district.
Floyd French, 7505 San Gabriel, protested and demanded that a new survey be
conducted.
Al Ferraro, 7820 San Gabriel, asserted that while storm drain improvements are
important, these costs should not be incorporated into the sewer assessment.
Terril Graham, 6206 Conejo, asked for clarification of the assessment district process.
Art Montandon responded.
---End of Public Testimony---
Lengthy Council discussion followed. There was consensus to reduce the interest rate
from 10% to 5%, waive the $850 annexation fee if connection occurs within two
years and remove the costs for storm drainage improvements (staff was directed to
bring this "regional"issue back at a future meeting).
MOTION: By Councilman Luna, seconded by Councilman Carden to approve
the formation of Sewer Assessment District No. 9 [San Gabriel-
West]; motion passed 5:0 by roll call vote.
2. AUTHORIZING THE FORMATION OF SEWER ASSESSMENT DISTRICT NO. 10
(West Santa Rosa Road)
Staff recommendation: Approve
Mark Markwort provided the staff report and recommendation. It was clarified that
property owners in this district would not have to hook up to sewer unless their septic
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system fails or the property is sold.
Public Comments:
Ed Moses, 7975 Santa Rosa, protested the formation of the sewer assessment
district.
Darlene Reynolds, 8440 Santa Rosa, noted that she objects to be included in the
assessment district. Mark Markwort clarified that her property is not within the
proposed district.
Michele DeCamp, 7984 Santa Rosa, remarked that she was not protesting the district
but would request that costs be reduced and the Council consider a 5% interest rate
instead of 10%.
Paul Weems Jr., 7982 Santa Rosa, agreed with the previous speaker and asked if the
annexation fee could also be placed on the tax rolls.
---End of Public Testimony---
There was consensus to reduce the interest rate from 10% to 5% and to waive the
$850 annexation fee if connection occurs within two years.
MOTION: By Councilman Carden, seconded by Councilman Johnson to
approve the formation of the [sewer] assessment district under
the same guidelines as the [San Gabriel-West] district; motion
passed 5.0 by roll call vote.
3. RESOLUTION NO. 70-95 - Placing delinquent solid waste charges on the 1995-
96 property tax rolls
Staff Recommendation: Adopt
Brad Whitty provided the staff report and recommendation. The City Clerk distributed
an amended exhibit listing the delinquent accounts.
Public Comments:
Joe Dorsey, owner of a home at 6900 Marchant, protested the placement of disputed
delinquent charges on his tax bill asserting that the renter told him that they had been
paid. Michelle Velasco, Wil-Mar Disposal, indicated she would be happy to speak with
the gentleman and try to resolve the issue. She also clarified that alternative
collection methods can be agreed upon.
---End of Public Testimony---
MOTION: By Councilman Bewley, seconded by Councilman Carden to
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approve Resolution No. 70-95.
Discussion on the motion: Councilman Johnson remarked that he would vote
in favor of the motion with assurance that Mr. Dorsey's issue would be
resolved.
Vote on the motion: Motion to approve passed 5:0 by roll call vote.
The Mayor declared a 10-minute recess at 8:50 p.m. The meeting was reconvened
at 9:00 p.m.
4. APPEAL OF ENVIRONMENTAL COORDINATOR'S DETERMINATION THAT AN
ENVIRONMENTAL IMPACT REPORT IS REQUIRED FOR GENERAL PLAN
AMENDMENT APPLICATION FOR RAMONA RD. FREEWAY FRONTAGE (GPA
95003 - Beck)
Staff Recommendation: Deny Appeal
Steve DeCamp introduced the item and clarified that the discussion would be limited
to whether or not the Environmental Impact Report (EIR) will be required and would
not be about the merits of the application. Doug Davidson provided the staff report
and recommendation. He briefly summarized California Environmental Quality Act
(CEQA) requirements regarding environmental review and responded to questions from
the Council regarding the EIR process and potential challenges to a negative
declaration. In addition, staff emphasized that a project-specific EIR will be required
in the future.
Public Comments:
Richard Beck, 2300 Ramona Road, spoke in favor of the appeal and requested that
a negative declaration be issued. He confirmed that a specific project has not yet
been chosen for the site.
Gil Hogey, 6050 Conejo Road, supported Mr. Beck's comments.
Richard Hange, 2510 Ramona, urged the Council to mitigate problems when they are
identified as part of a specific project.
Jeanne Grove, 6155 Conejo Road, argued that there will be significant impacts and
questioned the need for more commercially zoned property.
Terril Graham, 6205 Conejo Road, asserted that an EIR is necessary and urged the
Council to deny the appeal.
Dick Grove, 6155 Conejo, spoke out against the proposed rezoning and asserted that
there will be traffic impacts. He also urged denial of the appeal.
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---End of Public Testimony---
Councilman Carden commented that a negative declaration or a mitigated negative
declaration would be adequate. Councilman Luna remarked that he is opposed to the
re-zoning and against granting the appeal.
MOTION: By Councilman Luna, seconded by Mayor Highland to deny the
appeal.
Discussion on the motion: Councilman Johnson asked staff to comment on
issuing a negative declaration. Steve DeCamp advised against this action and
cautioned that such a determination could lead to lawsuit. Councilman Bewley
stated that the City cannot know what impacts the possible re-zoning will have
without first completing an EIR. Councilman Carden argued that this instance
is the perfect example for a mitigated negative declaration with a traffic study.
Vote on the motion: Motion to deny the appeal passed 3:2 (Carden, Johnson).
5. RESOLUTION NO. 74-95 - Authorizing the execution of a Reimbursement
Agreement for those properties on Traffic Way and San Anselmo adjacent to
the Sanitation District #4 sewer lines (but not within the boundaries of the
district)
Staff Recommendation: Adopt
Valerie Humphrey provided the staff report and recommendation to approve.
Public Comments:
Bob Trotter, 5260 San Anselmo, noted that he was speaking for four San Anselmo
residents and requested that these properties not be included in the assessment
district. Ms. Humphrey clarified that these lots are not in the assessment district and
are not in a cease and desist area. She reported that the residences are now within
the Urban Services Line and sewer is available if a homeowner is desirous of hooking
up; at which time they may pay up front for the costs or place the amount on the tax
rolls for a period of 15 years.
---End of Public Testimony---
MOTION: By Councilman Carden, seconded by Councilman Bewley to adopt
Resolution No. 74-95; motion passed 5:0 by roll call.
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C. REGULAR BUSINESS:
1. CONSIDERATION OF PROJECT PROPOSAL BY THE ATASCADERO ROTARY
CLUB TO INSTALL PEDESTRIAN LIGHTING AROUND ATASCADERO LAKE
Parks & Recreation Commission recommendation: Approve with conditions
Brady Cherry provided the staff report and recommendation. He also highlighted
issues of concern and proposed provisions to address those concerns, as outlined in
the staff report.
Public Comments:
John Vial, Immediate Past-President of Rotary Club, responded to questions from the
Council regarding the proposal. It was clarified that the lights proposed for the lake
and the path through the park are one project. Mr. Vial commented that the first
lights sold and installed will be the ones intended to light the pathway from the
parking lot to the Pavilion.
Darlene Reynolds, 8440 Santa Rosa Road, spoke in favor of the project and stated
that she supports the "lights out at 10" provision. She commented that she did,
however, have some concern for attracting crime and asked the Council to consider
increased police patrol at the Lake.
John Trumble, 8220 Santa Rosa Road, suggested that glow rings on the top of lights
be shielded or removed, that the lowest possible wattage be used and that a softer
light color be chosen. He also noted that adding lights where they have not been
before is known to increase crime rate.
Ed Salas, 8200 Portola, opposed the project and remarked that the lights will offer a
false sense of security.
Jim Edwards, 2800 EI Camino Real, spoke in favor of the project and added that the
Lake is public land.
Shaku Huffman, Innovation Development Center, stated that she supports the project.
Bob Lilley, President of Rotary Club, spoke in support and provided an explanation of
the lighting fixtures. He urged favorable approval.
Rush Kolemaine, Potrero Road resident, favored the project because it will provide for
enhancement of the Lake. He commented that he does not agree with the "lights out
at 10:00" provision and suggested that timers be attached to adjust the timing of the
lights.
Barbie Butz, Parks & Recreation Commission, reported that a commission sub-
committee had studied the proposal in-depth and met with residents door-to-door.
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She relayed the results of the Commission's public hearing regarding the matter and
closed with a request for approval.
Barbara Combs, 9005 Lakeview Drive, spoke in favor of the proposal and added that
the emphasis should be on the walkers and their safety. She proposed that the timing
of lights on and off is an issue that can be adjusted as needed.
---End of Public Testimony---
MOTION: By Councilman Johnson, seconded by Councilman Carden to
accept the [Rotary Club's] offer and waive City fees [in the
amount of $5001; to endorse the stipulation, with some flexibility,
for the "lights out at 10:00 p.m." provision; motion carried
unanimously.
2. REPORT ON RECOGNITION OF ORANGE COUNTY INVESTMENT POOL LOSS
Staff recommendation: Review and file
Brad Whitty provided the staff report and responded to questions from Council.
Councilman Luna clarified that the report does not reflect that the City is pursuing the
recovery of the additional 23 cents on the dollar not returned by Orange County and
expressed concern that the press or members of the public may not have been fully
informed about this matter.
The report was received. No action taken.
3. LAS ENCINAS/3-F MEADOWS AND EL CAMINO REAL ASSESSMENT
DISTRICTS:
A. Resolution No. 71-95 - Authorizing staff to call bonds and issue refunds
utilizing remaining construction proceeds and SLTPP Grant monies (Las
Encinas/3-F Meadows A.D.)
Staff recommendation: Adopt
Brad Whitty summarized the staff report. Art Montandon provided legal advice
regarding methods by which the Council can distribute excess bond proceeds.
MOTION: By Councilman Luna, seconded by Councilman Carden to approve
Resolution No. 71-95; motion carried 5:0 by roll call vote.
B. Resolution No. 72-95 - Authorizing staff to call bonds utilizing remaining
construction proceeds and SLTPP Grant monies (EI Camino Real A.D.)
Staff recommendation: Adopt
Councilman Bewley stepped down from the dias for this discussion because of a
potential conflict of interest.
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The Finance Director reported that Golden West Development (Atascadero Factory
Outlets) has requested that the bond assessment due be paid with excess bond
proceeds. Councilman Luna pointed out that the City forgave approximately
$125,000 in developer fees as part of the participation agreement regarding the
Atascadero Factory Outlets and inquired whether or not grant monies can be used to
repay a portion of these funds. The City Attorney indicated that grant funds may be
used to pay for public improvements.
Public Comments:
Charles Voorhis, Golden West Development, requested that the excess bond funds be
applied to the bond assessment due on September 2, 1995. He clarified that he was
not asking for City funds but the excess construction funds.
Richard Shannon, Golden West Development, commented that the participation
agreement requires that the City begin participating from the first day sales tax
revenues were generated.
---End of Public Testimony---
Lengthy Council discussion ensued. Councilman Luna commented that consideration
must be given to maximizing the amount of excess funds the City should rightfully
get, keeping in mind the intent of the participation agreement and the previous
deferment of developer fees.
Councilman Carden asked staff to clarify when the City is obligated to meet its share
of sales tax, as agreed to in the participation agreement. The City Attorney replied
that the City is obligated to make a payment of one-half the sales tax revenues in
December of 1995. He noted that the outlet center's construction had been delayed,
thus postponing sales tax generation. Councilman Luna pointed out that the City has
not yet received the reports outlining the sales tax distribution.
Upon motion duly made and seconded, the meeting was extended beyond the hour
of 11:00 P.M.
Art Montandon made the distinction that what is being distributed is excess bond
proceeds and not sales tax revenue. He confirmed that bond funds can be applied in
accordance with the participation agreement.
MOTION: By Councilman Luna to approve Resolution No. 72-95 with a
revision to Section 3: Surplus funds shall be used to maintain the
improvements. Motion died for lack of second.
MOTION: By Councilman Carden,seconded by Councilman Johnson that the
City live with the intent of the contract and contribute the entire
payment of the assessment, in that the City's future liability from
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sales tax dollars will be reduced.
Discussion on the motion: The City Manager clarified that this will necessitate
staff to re-negotiate the terms of the participation agreement. Art Montandon
added that it would also impact the City's cash flow benefits. Chuck Voorhis
stated that he would prefer not to re-negotiate the agreement. He requested
that the Council apply the excess construction funds ($50,751) as a partial
payment of the next assessment due on September 2, 1995, and provided
assurance that the developers will meet the balance of the amount due. He
proposed that from here on out the terms of the participation agreement will
take affect. Andy Takata indicated that the Council will have to make a
decision about what is a fair amount to contribute. The City Attorney verified
that if the Council agrees to credit the property owners or call the bonds for
redemption, it will not be a gift of public funds.
The motion was withdrawn.
MOTION: By Mayor Highland, seconded by Councilman Carden to approve
Resolution No. 72-95 as written; motion passed 3.1 (Luna).
4. CITIZEN REQUEST FOR COUNCIL ACTION RELATIVE TO UNSOLICITED HOME
PAPER DELIVERY
Staff recommendation: Provide staff direction
Art Montandon briefly summarized the request and provided his opinion. Councilman
Luna suggested that the Council draft a letter expressing concern about littering and
ask the newspaper to respect the wishes of the residents who have requested that
delivery be discontinued.
The City Council took no action on this matter.
5. SALINAS DAM OWNERSHIP TRANSFER AGREEMENT (Mayor Highland)
Staff recommendation: Provide staff direction
Mayor Highland reported on the recent San Luis Obispo City Council meeting relating
to the Salinas Dam Ownership Transfer Agreement. He highlighted issues of concern
to the North County and announced that the item will go back to the San Luis Obispo
City Council on August 15th.
Public Comments:
John Moss, Utilities Director for the City of San Luis Obispo, commented that the
transfer agreement is necessary to continue with the expansion project. He explained
that language that has come under scrutiny by the North County is being amended to
reflect more clearly the intent of the agreement.
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---End of Public Testimony---
Councilman Luna commented that the language proposed in the transfer agreement
is horrible. Report received; no action taken.
6. SET DATE FOR 1995-96 BUDGET HEARING
Staff recommendation: Select date
By mutual consent, the budget hearing was scheduled for Wednesday, August 2nd
at 7:00 p.m. in the Rotunda.
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments(COG) -Councilman Carden reported that
the meeting for July has been canceled. COG will meet next on August
2, 1995 at 9:00 a.m. in San Luis Obispo
2. Economic Round Table - Andy Takata reported on the meeting of June
21, 1995. Councilman Carden asked that the Round Table research the
possibility of whether or not the Atascadero State Hospital property
considered for potential annexation could be surplused to the City or
leased on a long term basis to the City for a nominal fee, consider
potential annexation of property south of the Hospital for industrial use
and look at property on Via (old PCA store) for potential re-zoning to
industrial.
3. Integrated Waste Management Authority - Councilman Luna announced
that the IWMA will meet on July 12, 1995 in San Luis Obispo.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council - Confirmation of Committee Assignments (Mayor Highland)
There being no objections forwarded from members of the Council, the committee
assignments were approved as set forth.
Councilman Carden expressed disappointment regarding the outcome of Item #13-4
and reiterated his opinion that the Ramona Road general plan application was the
perfect opportunity to issue a mitgated negative declaration. Councilman Luna argued
that there is great potential for lawsuit and expensive legal fees.
2. City Manager
Andy Takata provided an overview of the next agenda. At 11:50 p.m., the meeting
was adjourned.
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THE NEXT MEETING WILL BE TUESDAY, JULY 25, 1995 AT 7:00 P.M.
MINUTES RECORDE PREPARED BY:
LEE PR tE, City berk
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