HomeMy WebLinkAboutMinutes 021396 Approved as Submitted
Meeting Date: 02/27/96
ATASCADERO CITY COUNCIL
FEBRUARY 13, 1996
MINUTES
CLOSED SESSION:
The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to:
1. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union
Upon motion duly made and seconded, the City Council unanimously agreed to add an
urgent item of pending litigation, as follows:
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Name of Case: City of Atascadero v. Orange County
Closed Session was adjourned at 7.00 p.m. It was noted that the Council would
continue Closed Session discussions after the regular session due to time constraints.
REGULAR SESSION:
The Mayor called the meeting to order at 7:07 p.m. Councilperson Bewley led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Roy Hanley, Assistant City Attorney; Brady Cherry, Director
of Community Services; Sgt. John Couch, Police
Department and John Neil, Assistant City Engineer
PRESENTATIONS:
Mayor Highland recognized Jim Edwards, Planning Commissioner, for his service on
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the City's Economic Round Table and presented him with a plaque.
Deputy City Attorney: (1) Status report on the adult book store (verbal)
(2) Status report on the Millhollin Mine (verbal)
Roy Hanley reported that Planning Commission had held a public hearing on the
proposed permanent ordinance regulating sexually-oriented businesses and noted
that with a few minor revisions, the ordinance would be presented to the City
Council on February 27t''. Staff is recommending that the ordinance be introduced
on first reading, he added, as amended.
Mr. Hanley also reported that the City Council would conduct an open and public
workshop relative to the Millhollin Mine on Wednesday, February 21St. He
indicated that representatives from the State Mining and Geology Board would be
present to clarify issues. Councilman Luna stated that he would like to see a
status report regarding surveying of the mine and a breakdown on the tonnage of
material removed over the life of the mine.
COMMUNITY FORUM:
David Frye, 5079 Rosario, expressed concerns regarding the State's proposal to
increase the number of beds at Atascadero State Hospital and reported that he
fears an influx of violent sexual offenders being released into the community
following incarceration. He asked the City Council to block the State's efforts.
DeDe Hoskins and Terry Sherwin, co-chairs of the Atascadero High School Class
of 1996 Grad Nite Committee, requested support from the City for the event. Ms.
Hoskins also thanked Councilman Luna for donating his March stipend to the
cause. Councilman Luna asked the Council to consider adopting a resolution of
support at a future meeting. By mutual consent, staff was directed to bring back
said resolution.
A. CONSENT CALENDAR:
Mayor Highland read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - January 9, 1996 (cont'd from 1/23/96)
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - January 23, 1996
(City Clerk's recommendation: Approve)
3. RESOLUTION NO. 06-96 - Authorizing Cooperative Agreement with
SLOCOG for a Pavement Management System
(Staff recommendation: Adopt)
4. ACCEPTANCE OF SAN GABRIEL ROAD SEWER IMPROVEMENTS
(Staff recommendation: Accept)
5. ACCEPTANCE OF SANTA ROSA ROAD SEWER EXTENSION
IMPROVEMENTS
(Staff recommendation: Accept)
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6. TENTATIVE PARCEL MAP 95003, 4530 SAN ANSELMO AVE. - Application
to divide an existing Colony lot in two (2) separate parcels of 1 .5 acres and
2.68 acres for single-family residential (Hull/Daniel J. Stewart & Associates)
(Planning Commission recommendation: Approve)
7. RESOLUTION NO. 07-96 - Establishing a no parking zone on San Andreas at
Cristobal
(Traffic Committee recommendation: Adopt)
8. RESOLUTION NO. 08-96 - Establishing a no-parking zone at 11153 EI
Camino Real
(Traffic Committee recommendation: Adopt)
9. RESOLUTION NO. 10-96 - Authorizing amendment to agreement with North
County Septic Service for septage dewatering service concession operation
(Staff recommendation: Adopt)
Councilman Luna pulled Items #A-3 & 4. Councilman Carden pulled Item #A-7.
MOTION: By Councilman Bewley, seconded by Councilman Johnson to
approve Items #A-1, 2, 5, 6, 8 & 9; motion passed 5.0 byroll call vote.
Re: Item #3. RESOLUTION NO. 06-96 Authorizing Cooperative Agreement
with SLOCOG for a Pavement Management System
(Staff recommendation: Adopt)
Responding to Councilman Luna's request to clarify intent, John Neil reported that
the project will allow staff to inventory roads to determine maintenance needs and
prioritize projects. He also explained that North Coast Engineering (contract
engineering service) would be purchasing computer software on behalf of the City
to complete the project.
Public Comments:
Eric Greening, 7365 Valle Avenue, asked if this was a pilot project and what kind
of track record exists in other cities.
Steve Devencenzi, San Luis Obispo Council of Governments, explained that the
programs have been tested and are common to other cities in the County.
MOTION: By Councilman Luna, seconded by Councilman Carden to
approve Resolution No. 06-96; motion carried 5:0 by roll call vote.
Re: 4. ACCEPTANCE OF SAN GABRIEL ROAD SEWER IMPROVEMENTS
(Staff recommendation: Accept)
Councilman Luna requested assurances that pipe presently exposed will be
properly covered. John Neil reported that the contractor intends and staff will
ensure that necessary follow-through is completed. He added that the road will be
brought back up to City standards and mentioned that the contractor is obligated
to maintain the improvements for one year after the work has been completed.
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Public Comments:
Matt Depew, 9555 Carmelita Avenue, cautioned that the road will cave in if a
large truck is driven over it. He noted that his road, as a result of culvert
installation for the 3-F Meadows residential area, is not smooth and there are
problems because of water leaks. He urged the City to take responsibility for
street maintenance and not leave things entirely up to the contractor.
---end of testimony---
MOTION: By Councilman Luna, seconded by Councilman Carden to
accept the improvements; motion passed 5:0 by roll call vote.
Re: Item #A-7. RESOLUTION NO. 07-96 - Establishing a no-parking zone on
San Andreas at Cristobal
(Traffic Committee recommendation: Adopt)
Councilman Carden asked if this no-parking area was requested by a residence,
pointed out that this is the only area on the street where there is curb, gutter and
sidewalk and asked why this action was being recommended. Councilman Luna,
Traffic Committee member, reported that the major problem is that the street is
narrow and a traffic hazard exists because vehicles turning left must enter the
other lane to do so when cars are parked on the street.
MOTION: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 07-96; motion passed unanimously by roll call vote.
B. PUBLIC HEARINGS:
1. HIGHWAY 101, CUESTA GRADE IMPROVEMENTS
(Staff recommendation: Receive presentation and public comment,
recommend preferred alternative)
Steve Devencenzi, San Luis Obispo Council of Governments (COG), provided
introductory remarks and explained that he was asking the City Council to endorse
one of the four design options presented by CalTrans. He emphasized that
California Transportation Commission (CTC) policies do not allow taking any of the
money programmed for this project and allocating them to other projects. In
addition, he explained that the public comment period will remain open until March
8th.
Greg Albright, CalTrans, defined the project purpose and reviewed specific
alternatives and related costs. Council questions followed.
Responding to Council inquiry, Steve Devencenzi reported that COG staff is
preliminarily recommending Alternative #4, or, as an option, Alternative #3 plus
the grading necessary for future installation of the additional southbound lane. He
emphasized, however, that cost savings and reduction in environmental impacts
would be minor if the latter is selected.
Public Comments:
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Darlene Reynolds, Old Santa Rosa Road resident, expressed concerns about the
design and how it will impact north bound traffic. She noted that she hopes there
is enough money to complete the project properly.
Eric Greening, Citizens Transportation Advisory Committee (CTAC), clarified that
CTAC has not yet made a recommendation and cautioned against approving the
most expensive option simply because the money has been authorized. He
pointed out that there are still questions that need answering and urged the
Council to wait an additional two weeks until after COG makes it formal
recommendation on or before March 8t''. In addition, Mr. Greening also expressed
concern about an agenda item scheduled for the CTC's meeting of February 21"
and noted that he feared action before there's ample time for input.
Jerry Clay, 7285 Sycamore Road, recommended that the job be done right and
that the issue of safety be the ultimate reason for any decision on the design.
---end of testimony---
Jose Fonte, CalTrans, responded to Mr. Greening's concerns regarding the CTC's
February 21" meeting and reported that the only relative agenda item is CalTrans'
request to delay the construction until 1999. Mr. Greening asked if the delay
would 'change the priority. Greg Albright clarified that the project's priority will
remain the same, however, the recommendation to delay is being made because
the money is not there to do it in 1997 and CalTrans is not far enough along in the
process to begin construction next year.
MOTION: By Councilman Luna, seconded by Councilman Johnson to
support Alternative #4; motion passed 5:0.
2. RESOLUTION NO. 11-96 - Approving the formation of Assessment District
No. 9 (San Gabriel Rd. - Cease & Desist Area "G")
(Staff recommendation: Adopt)
Mark Markwort provided the staff report and recommendation to adopt.
Public Comments:
Matt Depew asked if the project was complete and signed off. John Neil reported
that while there had been significant trench failure during the construction, efforts
are being taken to rectify the situation and finalize the project.
Mary Silveria, 9560 Carmelita, asserted that she would like proof that the sewer
lines will not sink and settle. John Neil assured her that there had not been any
disturbance below the pipe.
Mr. Depew, speaking once more, commented that he hopes that before the project
is signed off, the contractor will clean up the gravel and chip seal materials left at
the sight. John Neil indicated that the clean-up would be done.
---end of testimony---
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Councilman Johnson asked if any provision has been made for collecting
delinquent payments. Mark Markwort reported that this assessment becomes a
part of the property tax and if not paid, foreclosure will occur. Roy Hanley
confirmed that there are provisions for collection.
Andy Takata mentioned that the City Council, in a former action, waived the
annexation fee of $850 if connection is made within two years.
MOTION: By Councilman Carden, seconded by Councilman Bewley to
adopt Resolution No. 11-96; motion carried unanimously by roll call vote.
3. RESOLUTION NO. 12-96 - Approving the formation ofAssessmentDistrict
No. 10 (Santa Rosa Rd. Portion of Cease & Desist Area "F")
(Staff recommendation: Adopt)
Mark Markwort provided the staff report and recommendation to approve.
Councilman Luna asked if this was the last of the Cease & Desist areas. Mr.
Markwort confirmed that it was. There was no public comment.
MOTION: By Councilman Luna, seconded by Councilman Johnson to
adopt Resolution No. 12-96; motion carried 5:0 by roll call vote.
C. REGULAR BUSINESS:
1. PROPOSAL TO NAME THE CITY ADMINISTRATION BUILDING IN MEMORY
OF E.G. LEWIS
(Staff recommendation: No change to Admin. Bldg./Name downtown area
City facilities & Chamber "E.G. Lewis Civic Center")
Brady Cherry provided the staff report and recommendation. He explained that the
area being proposed for inclusion in the "E.G. Lewis Civic Center" involves the
City Administration Building, the Chamber of Commerce building, the Recreation
Center, Sunken Gardens and Fire Station #1 . He noted that few changes would
be required with the exception of a new sign to be sponsored by the Historical
Society and possible future changes in City stationery.
Public Comments:
Jerry Clay noted that he had no problem with the recommendation, but would like
to see the City put up an appropriate sign on the Administration Building
recognizing it as the Veterans' Memorial Building. He added that he would be
willing to work with the Historical Society and others in an effort to raise the
necessary funds.
Ray Jansen, 6655 Country Club Drive, commented that it will take more than one
sign to set the entire area off. Brady Cherry agreed but noted that the sign
coupled with stationery would begin to promote the name. Andy Takata
suggested that the Historical Society consider constructing a display outlining the
civic center in the museum.
MOTION: By Councilman Carden, seconded by Councilman Bewley to
maintain the status quo; motion failed 2:3 (Johnson, Luna and Highland
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voting in opposition).
MOTION: By Councilman Luna, seconded by Councilman Johnson to
adopt the staff recommendation; motion passed 3:2 (Bewley and Carden
voting in opposition).
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary.):
1. S.L.O.- Council of Governments (COG)/S.L.O. Regional Transit Authority -
Councilman Carden provided a brief report of the meeting of February 6th
Mayor Highland reported on the COG sponsored meeting regarding LafCO
held February 3`d
2. Nacimiento_Water Purveyors Advisory Group - Mayor Highland reported that
the Nacimiento Water Project is moving forward and explained that the next
step will be the preparation of an environmental impact report. He noted
that a special meeting would be held the following day to approve the work,
but stated that he would not attend. Atascadero Mutual Water Company is
the voting member, he added, and their representative will be present.
3. Air Pollution Control District - Mayor Highland briefly reported on the last
meeting.
4. North County Council - Mayor Highland commented that the Executive
Committee meeting scheduled for February 15th had been canceled.
5. Ad Hoc Regional Water Management Committee - Mayor Highland reported
that that the committee met on February 1" at which time the group
reviewed data gathered from each North County water users, including the
City of San Luis Obispo.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Highland announced that the seven city councils of the County will meet on
April 25" (changed from April 11th). He also requested two volunteers from the
Council to sit in with staff and representatives from the State Mining and Geology
Board on the morning of the 21't and before the open public meeting beginning at
12:30 p.m. Councilmembers Luna and Johnson volunteered. Mayor Highland
indicated he would serve as an alternate. Councilmembers Carden and Bewley
reported that they would not attend the special meeting due to employment
commitments.
2. City Clerk
Lee Price reported that the Commission on State Mandates has accepted the test
claim submitted by the City relative to costs associated with the notice to voters
the Clerk's Office was required to send after the Council found it necessary to
move the municipal election date. The City Clerk mentioned that she would
appear on behalf of the City at the hearing before the Commission on June 27"
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and mentioned that the Commission will accept testimony and other input.
Councilman Luna suggested that the City Council adopt a resolution supporting the
approval of the test claim. There was unanimous consent to adopt said resolution
and staff was directed to bring the matter back at a future meeting.
3. City Manager
Andy Takata provided an overview of the next meeting's agenda.
ADJOURN:
The City Council adjourned to the continued Closed Session at 9:07 p.m. At 9:27
p.m. the Closed Session was adjourned. The City Council gave direction to the City
Manager.
THE NEXT MEETING OF THE CITY COUNCIL WILL BE WEDNESDAY, FEBRUARY 21sT
AT 12:30 P.M. FOR PURPOSES OF CONDUCTING AN OPEN AND PUBLIC
WORKSHOP RELATIVE TO ISSUES SURROUNDING THE MILLHOLLIN QUARRY.
MINUTES RECORDED PREPARED BY:
LEE PRICE, C.M.C,
CITY CLERK
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