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HomeMy WebLinkAboutMinutes 012885 CAI L MEETING : 2/12:85 MINUTES - ATASCADERO CITY COUNCIL AGENDA ITEM NO. : A 1 Regular Meeting January 28 , 1985 Atascadero Administration Building Page 1 The regular meeting was called to order at 7 :30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Invocation was given by Joel Paul of the Covenant Church. ROLL CALL Present: Councilman Molina and Handshy, Councilwoman Norris and Mackey and Mayor Nelson. Absent: None STAFF Ralph Dowell, Acting City Manager and City Treasurer; Allen Grimes, City Attorney; Grigger Jones, City Clerk; Georgia Ramirez, Deputy City Clerk; Bud McHale, Police Chief; Mike Hicks, Fire Chief; Henry Engen, Planning Director; John Wallace, Contract Engineer; and Bob Best, Recreation Director. PUBLIC COMMENT None COUNCIL COMMENT Councilman Molina suggested a committee on reorganization be formed to keep_ the different commissions better informed and to look into their enabling ordinances. Councilwoman Norris agreed that such a committee was warranted at this time. Mayor Nelson appointed Councilman Molina to the Committee and said he would. work with Councilman Molina as a member and would report back to the council with more information in the near future A. CONSENT CALENDAR Ralph Dowell, Acting City Manager, stated that on page, 3 at the top, second motion down, last wor,:d "abstain" should be changed to read "excused" . On page 8 first motion, first sentence should read: by Councilman Molina, seconded by Councilman Handshy. 1. Minutes of the Regular Meeting of January 14, 1985 (RECOMMEND APPROVAL) 2. Treasurer's Report - 12/1/84 to 12/31/84 (RECOMMEND APPROVAL) 3. Finance Director ' s Report - 12/1/84 to 12/31/84 (RECOMMEND APPROVAL) MOTION: By Councilman Molina, seconded by Councilwoman Mackey to approve Consent Calendar. Passed unanimously by roll call vote. -1 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting January 28 1985 • Page 2 B. HEARINGS, APPEARANCES AND REPORTS 1. Consultant Study on Masonic Building Structural Feasibility as Police Facility John Wallace, Contract Engineer, gave staff report. Staff will come back to the Council with a proposal from the consultants for a more adequate evaluation of the building for public use. Mayor Nelson asked that this item be included on the next agenda. Terry Graham from the audience spoke regarding the City Council and the Police Chief making do with the police facilities that the city now has and that 54% of the voters voted against a separate police facility. Russell Goodrich said that Mr. Graham misread the election results. The pe ple_ were asked to vote against it, because they wanted it turfed over to the City Council. Nelson elson said what the Council is trying to do now is to cover as man alternatives as possible and to come up with the best deci- sion fir the people ofthecommunity. That is why they are inves- tigating all types of ways to improve the service that the city is provid'ng for its citizens. 2. ReportlAddressing Fire Truck Purchase Utilizing City of Morgan Hill Bid Process - Resolution No. 7-85 Ralph 1owell, Acting City Manager, gave staff report. MOTION: By Cou cilman Molina, seconded by Councilwoman Norris to adopt Resolution No. 7-85. Passed unanimously by roll call vote. 3. Appearance of the Friends of the Library- Committee Requesting Augmen ation of Matching Funds for a Potential Federal Library Grant Sarah 9ronstrand gave a presentation for the Friends of the Library. She reorted that through a bill signed by the President in October of 198;, monies had become available for libraries. California' s shares $2, 114. 000. The expected cost of the new library for Atasc4ero, as determined by County General Services, is $865, 380 Plus donated land. For purposes of grant application ours and County' s share is $432, 690. Unfortunately state regulations this year do not permit the use of land as matching funds on the state level. Since Friends of the Library only have about $37, 000 in pledges and actual cash on hand, they decided to approach the County Superv' sors for hlep. They requested an additional $200, 000 from the Co my which, added to the $420,000 they set aside for the Library last .year and the Friends of the Library's own $37, 000 would meet toe basic requirements for matching funds. The supervisors with whom the Friends of the Library talked were receptive but were insistent that the Atascadero City Council .parti- cipate actively in the venture by means of a pledge of $80, 000 to $100, 000. The Friends of the Library asked the City Council for a $50, 00 pledge -2- 2 MINUTES - ATASCAD7RO CITY COUNCIL Regular Meeting . January 28, 19851 Page 3 The exact matchin half is $432,690. The supervisor' s pledge of $400,000 plus the $37, 000ind the $50, 000 from the City would be $487, 000. This is $54, 210 more than equal match, and hopefully, a substantial edge over the other applicants. The City' s investment of $65,000 (last year' s pledge and this year ' s pledge) would make it possible for Atascadero to have a library worth $1, 000, 000 and have it now. This is a 16 fold return on the money in- vested. This is a chance of a life time to get a library which will effective- ly serve our growing population. Ilene Cunningham Reported on the fund raisers that the Friends of the Library have been having. Sylvia Key, librarian at the City of Atascadero Library reported there are 10, 131 patrons including 6,477 adults. Mayor Nelson gave a copy of-a draft letter that he would Like sent to the Board of Supervisors regarding the library. In itheexpressed his concerns and those of the council of paying for a facility that is really the county' s. The Council discused the fact that the City of Atascadero is being asked to pledge $65,000 fo the library and has not been contacted by the County Super- visors. Also the Council felt there is an. inequity in the amount of support which is expected from the City when it only receives 12�2% of the County tax dollars. MOTION: By Councilman Molina, seconded by Councilman Handshy to send the letter to the Board of Supervisors. Passed unanimously by roll call vote. C. UNFINISHED BUSINESS 1. Status on Elimination of Hazardous Conditions at 4511-19 Mananita Staff report was given by Henry Engen, Planning Director. He stated that everything is coming together. Two inspections have been made and approval from abbuting property owners for off-site pipe installa- tion seems near. He indicated that he proposed letting pending building permits proceed once the adjoining owners approve a written agreement for the off-site improvement and that installation is in- spected and approved. D. NEW BUSINESS 1. Housing and Community Development Agreement Staff report was given by Henry Engen, Planning Director. He said staff has rejected the agreement suggested by the state and proposes to re-write it to include language that is typical of the zoning requirement for affordable housing wherein we allow, a 25% density bonus to assure low rents. We don't want to get into the landlord business. Allen Grimes, City Attorney, said this puts the City as the middle man between the two parties Mayor Nelson said that staff will continue working on the agreement, and it will be returned to the Council at a `future time. -3- 3 .qw— MINUTES - ATASCADERO CITY COUNCIL Regular Meeting i January 28 , 1985 Page 4 Judy Young said she doesn' t care how it is resolved, and will work any way she can with the Council or staff but she does need it resolved due to the high cost of her loan. Mayor Nelson said he agreed that this should be expedited as soon as possible. Ralph Dowell, Acting City Manager, responded that itappearsor sounds like the City is building up a brick wall that is causing this problem. The state has changed the rules in the middle of the game. Staff worked overtime through the holidays to get the housing element out but with regard to the draft agreement, the City Attorney won't sign it, and the Acting City Manager doesn't under- stand it, and he won't sign it. Mayor Nelson asked Judy Young to meet with Ralph Dowell to work together to get this done as soon as possible. 2. Wil-Mar Disposal Company Proposed Renewal of Solid Waste Collection Contract Ralph Dowell, Acting City Manager, gave staff report. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to go along with Option 2 with a hold harmless clause for 5 years. Passed unanimously. 3 . Recommendation addressing Dial-A-Ride Service Status Service in Atascadero Staff report was given by Ralph Dowell, Acting City Manager. He recommended for the rest of this budgetyearto authorize those 5 hours and some telephone time for a total of $2 ,000 transferred from SB325 monies now in streets over to the Dial-A-Ride Contract. Councilman Handshy suggested that a Public Hearing be held to get input as far as complaints. This meeting will be held on Friday, February 8, 1985 at 1: 30 p.m. in the Rotunda. MOTION: By Councilwoman Mackey, seconded by Mayor Nelson to have a public hearing scheduled for February 8, 1985 at 1:<30 P.M. The amendment to the motion which included to allow the release of funds with the concurrence of Wayne Handshy and Barbara Norris who will be at the public hearing. Passed unanimously by roll call vote. 4 . Proposed Building and Construction Fee Schedule Staff report was given by Henry Engen, Planning Director. He has been advised that recent legislation requires a public hearing on this matter and so it cannot be acted on this evening. He suggests that it be rescheduled for the February 12th meeting. MOTION: By Councilwoman_Norris, seconded by Councilman Molina to go along with staff recommendations. ,Passed unanimously. -4�' MINUTES - ATASCADERO CITY COUNCIL Regular Meeting • • January 28, 1985 Page 5 5. Fund Transfer Request for Personnel Functions Staff report was given by Ralph Dowell, Acting City Manager to transfer $5, 000 to cover $3, 500 for advertising and $1,500 for Co-operative Personnel Testing booklets. MOTION: By Councilman Molina, seconded by CouncilwomanNorristo transfer the $5, 000. Passed unanimously by roll call vote. MOTION: By Councilwoman Mackey, seconded .by Councilman Molina to recess as City Council and convene ,as the Atascadero County Sanitation District Board of Directors. Passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT 1. Ordinance No. 96 --Sanitation Rate Amendments - Dry Cleaners/ Laundromats (Second Reading) Staff report was given by Ralph Dowell, Acting City Manager. MOTION: By Director Molina, seconded by Director Mackey to read by title only. Passed unanimously. Ordinance No. 96 was read by President Nelson. MOTION: By Director Molina, secondedl,by Director Mackey for adoption of Ordinance No. 96. Passed unanimously by roll call vote. MOTION: By Director Norris, seconded by Director Mackey to adjourn and re- convene as the City Council. ', Passed unanimously. F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL Councilwoman Norris asked why the Recreation Department did not receipt their own money. Ralph Dowell, Acting City Manager, responded that it was done so that all fees were collected in one central area therefore eliminating cashboxes at different locations. These procedures are in complicance with the auditor' s desires. Councilwoman Mackey asked about the loading zone across the street. It takes up three to four parking spaces. Ralph Dowell said, that he has informed public works that this should be accomplished as part of the street stripping project and we are eliminating it by removing the paint. Councilwoman Mackey reported that .she is donating $100 to the Friends of the Library in memory of Palmer Putnam. Councilwoman Norris said she had just given them $100 also. -5- 7 MINUTES - ATASCADERO CIT WOUNCIL Regular Meeting January 28, 1985 Page 6 CITY ATTORNEY Allen Grimes, City Attorney, stated that Chapter 5 of the Atascadero Municipal Code relates to the City Attorney. Section 2-5 .02 specifies his functions. The first subsection provides the functions of the office of City Attorney shall be to a) advise the council and all city officers in all matters of law pertaining to their offices. All city officers include the Planning Commission. CITY CLERK Grigger Jones reminded the Council, and staff that their conflict of interest forms are due. CITY TREASURER None CITY MANAGER ' I Ralph Dowell, Acting City Manager,', reported that bids were opened today for the administration building renovation. The bids are somewhat higher than the engineer' s estimate. Weare in the process of evaluating and will be meeting with the low contractor on February 8th to discuss his bid and go through the itemization of it. He hopes to have details back in time for the Council at the February 12th meeting. He also stated that we need an appointment from the City for the San Luis Area Coordinating Council Citizens Transportation Advisory Committee. This will be brought back for discussion at the February 12th meeting. There was discussion of Bill Avery' s proposal, dated January 17, 1985, to the City regarding the scope of his services in the selection of a City Manager. It was agreed that Mr. Avery would participate in the prelimin- ary candidate interviews scheduled for February 1 and 2, 1985, and that he would do so without compensatidn, except for reimbursement of out of pocket travel expenses associated '',with these interviews. Council agreed that any additional, services provided by Mr. Avery would be compensated at the rate of $75.'00 per hour, not to exceed $1,5000.00 excluding reimbursement of out of pocket expenses. Services approved by Council included: 1) a review by Mr. Avery with the City Council of basic City needs and a discussion of related desirable qualities in the next City Manager. Council authorized its Selection Subcommittee, Mayor Nelson: and Councilman Handshy, to cover ,this with Mr. Avery prior to the start of the preliminary interviews on February 1, 1985. 2) assistance in the development of a Council interview format and scoring process t ATASCADERO CITY COUNCIL A PLANNING COMMISSION *mCIL MEETING : 2/1 2/85 Study Session January 28, 1985, 6: 00 p.m. - 7 :15 p.m. ' AGENDA ITEM NO. : A-2 Atascadero Administration Building Present: Councilwoman Norris and rlackey, Councilman Molina and Handshy and Mayor Nelson. Commissioner Lilley, Carroll, $herer, Moore and Chairman Summers. The meeting was called to order at 6 : 00 p.m. by Mayor Nelson. Commissioner Carroll said that a meeting like this at least two times, possibly four times a year would be very good for a lot of reasons. The Planning Com- mission has made mistakes on the signing in the past, but they didn' t intend to hurt anyone by the signing ordinance. They did it so that a small businessman would be allowed to have asign as large as the large businessman but it wasn't sold well enough. The commission needs direction from the City Council on what they want. Mayor Nelson said that he agreed that the signing ordinance had been a problem. Henry Engen, Planning Director, said that a key problem was resolved with the tenant sign amendment that passed recently. Chairman Summers said that meetings like this are very beneficial for the whole community. The commission needs verbal direction from the council. Councilwoman Mackey said that she feels that we have a good, balanced planning commission. Commissioner Sherer said that he agreed with Councilwoman Mackey. The Commis- sion seems to be lacking some information from the Council. He feels that the commission wants to be put towork, keep them informed, and they will assist the council and take the load, off the council. Councilman Molina asked the commission what this council is doing different than the first council. Commissioner Lilley said there isn' t a change in communication, but what has happened is the first council had the benefit of the "honeymoon" call "incor- poration" . The "honeymoon" is now over ' and it is time to evolve a line of communication between the two bodies. The Council andCommissionneed to coordinate very closely. Commissioner Moore stated that the major difference between the old council and the new one is, lack of communication. If the Council is unhappy about the route that the Commission is going, , just call individuals. The Commission expects direction from the Council. Councilman Molina handed out Resolution' No. 41-84 to the commissioners reflect- ing Council direction on affordable 'housing and commercial development. He said that he gets copies of the Planning Commission agenda and minutes. If he has a question, he listens to the tape. He feels that if he would call a commissioner it would be taken as .a lobbying effort. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting January 28, 1985 Page 7 3) preparation of a list of suggested interview questions. Council deferred making a decision, in the following areas : 1) preliminary and/or final reference checks 2) assistance in the development, of a mutually acceptable compensa- tion package with the new Manager. .Council declined services relating to Mr. Avery' s attendance at the full Council interviews of final Manager candidates. Council instructed panel members for the preliminary interviews to present to the Council an unranked slate of candidates, narrowed to a range of six to eight individuals. Council also agreed that its Manager Selection Subcommittee should talk with Mr. Avery regarding his recommendations for the payment of final candidates ' expenses, and that based on the outcome of this discussion, the subcommittee was authorized to approve such payment's or portions thereof. Councilman Molina added that he thought candidate expenses should be paid by the City, MEETING ADJOURNED AT 9 :50 P.M. RECORDED BY: IGGE J NES, . ty Clerk • Study Session January 28 , 1985 Page 2. Commissioner Lilley asked what is the policy that this commission takes when a developer wants to come in and double', the size of a commercial enterprise that is going to feed a collective street that is or is not serviced by a needed bridge. What do they tell that person :and that project? What do they say to the school district when they show up at the commission meetings and say deny this project or that project or impose some kind of special fee on the project because of the schools. That is the ki;d of thing that we need to get down to. Councilman. Molina said he hoped that the commission could appreciate that the City is going through a reorganization. Fees are being looked at and _staff will give Council a recommendation soon. The present Council has given more direction in the past six months, than ;the nast council did in four years. Commissioner Moore said we should get down to what we need to do. The commis- sion needs the council ' s direction, they can't do anything without the Council. The commission can only make recommendations, and they don't know what the council wants Councilman Molina said he is not an engineer or a consultant. The City is short handed and the Council has to wait on recommendations from the staff. Mayor Nelson said there may be a miscommunication on what the Council and Commission should be getting from each other. The Council expects the commis- sion to provide their best independent advice and to respect the Council' s decisions once that advice is given. Mayor Nelson said there is a need to strengthen the plan with respect to pro- viding greater detail for public facility needs . to give direction for capital project requirements, reasonable development fees etc. A suggestion was made at the January 14th meeting that a bus tour of the community to critique the General Plan-might be useful. Commissioner Moore said all the commission knows is what they read in the newspaper. The Council concerns are the police department. The commission does not know how the council feels about development fees. Mayor Nelson said the council does not have specifics on development fees right now either. The school district has made a request of the City and a joint committee has been appointed to, work on the matter. Commissioner Moore said the commission is being asked about the Lewis Avenue Bridge. They need to know primarily if there is a need for the bridge and if so the commission will continue to put the clause in that says they will contribute. The commission needs to know if the councilisconsidering it, and the commission needs to know to put, the clause in to try to collect when it comes around. Mayor Nelson said he believes in the General Plan and it is an item in the General Plan that a bridge will be put in at Lewis Avenue Commissioner Lilley asked if it is at all enforceable? In the permit process can you ask someone to open themselves up to a blank check and never hope to enforce it. If you find out that you can't tag the Bank of America or Plaza Del Camino for what they feel based on the council 's policy is their fair share, then the commission is stuck. Then we have to go to other folks to provide for that bridge and other sources of revenue. That will cause a real 2- Study Session January 28 , 1985 Page 3 unsettling situation in the community. Mayor Nelson said that the consulting city engineer is working on this matter and we will have some answers soon. Councilman Molina said that if it was Commissioner Lilley' s main concern, he should have asked for a legal opinion from the city' s legal department as to the legality of the use permit language',. Commission Lilley said that the commission does not ask the legal department for a legal opinion. City Attorney, Allen Grimes, said that beginning with theformationof this City, the Council decided that the Planning commission did not need any legal assistance to sit with it at its meeting. But it advised the Commission that it had a City Attorney in the city and if it had any legal problems it should ask for help. Commissioner Lilley said he recalls that Mr. Grimes stated that the City Attorney works for one client - and that is the City Council, not the depart- ment heads, not the Planning Commission'„ not the Recreation Department. Also any City Attorney who wants to be a city attorney for longer than two years will learn that rule or he will cease to be. Mayor Nelson said the City Attorney represents all components of the city. Commissioner Moore said that if she reads the Council right, what the commis- sion has done so far on the bridge is alright and we should stay on the course unless the council complains. Mayor Nelson said yes, new projects should behandledlike the Bank of America until we have a specific formula. Commissioner Lilley said that the city is over due in proposing reasonable development fees. We need to make development fees that are reasonable. Mayor Nelson said he agrees that if developmental fees are too high, there goes low cost housing and things that we are trying to achieve in this commun- ity too. Commissioner Carroll said there is no to have both large lots and afford- able homes. You will have to forgive some of the General Plan dreams some- where to make affordable homes which means smaller lots. Hopefully we can get affordable quality homes. Mayor Nelson said hebelieved the Council and Commission should meet at least two or three times a year. Commissioner Sherer said the Commissioniwould appreciate having copies of the minutes of the Council for each of the commissioners. -3_ Study Session January 28, 1985 Page 4 Mayor Nelson said that the Parking Study - Phase Two is in the Planning Department and the staff will be working on it with the new Public Works Director and Downtown Improvement Association and as soon as they are finished it will be coming to the Commission. Commissioner Moore said she feels that a terrible mistake was make with the 20% lot size adjustment. It has become far more of a problem than had been anticipated. Take a harder look at it and come up with a consensus and maybe something can be done about it. Chairman Summers said that the staff has the expertise to determine whether or not the grading on a 30% slope is going to be detrimental to the property, instead of bringing it to the Planning Commission. Councilman Molina and Mayor Nelson agreed with Chairman Summers. Councilwoman Mackey saidthat is true but it still has to be watched. Chairman Summers said that we need to make sure that the staff has the right expertise in order to do the job. Councilman Molina said he belives that our zoning ordinance needs cleaning up in language. Henry Engen, Planning Director, said he agreed. It is too long and definitely needs to be tightened up. Mayor Nelson said it is the intent of the council at this time due to lack of funds to take a case-by-case basis as far as the drainage review policies/ drainage master plan. Commissioner Lilley said we could look to the county orthestate for supple- mental funding for such an overall study because we inherited a 1-ot` of our problems. Mayor Nelson said that #8 Amapoa-Tecorida Drainage Area is another problem that we have inherited. His personal opinion isthathe would like to see it considered in the new 85-86 budget. Chairman Summers said the City should consider a zone of responsibility and an assessment district covering all areas within the watershed area. Councilman Molina said he would like to see that initiated by the property owners instead of the Council. Chairman Summers said you won't get that because the people who aren' t being flooded aren' t going to want to participate. Mayor Nelson said it must be addressed and taken care of eventually. Councilman Molina said it isn't fair for all the citizens of Atascadero to pay for it. Greg Ellis from the audience stated he would like to discuss his concerns -4- 11 Study Session January 28, 1985 Page 5 about the trend away from the General Plan. The people of Atasacadero did not. give a mandate to substantially increase density and the issue of school over- crowding needs to be addressed. Take the issue to the people and see what they really want. Judy Young spoke regarding her concern for affordable housing for young people in our community and the resistance of neighborhoods to such proposals. Commissioner Lilley said that the General Plan does provide for a way to deal with this situation. That is through plan unit development. There is a great deal of misunderstanding either because of the way these things are reported or people just don't understand Iwhat is happening. To encourage Planned unit development is not to encourage the reduction across the board of lot sizes. It is not to abandon the concepts of the General Plan. Commissioner Moore thanked the council for this meeting and said she doesn't feed that the Council and Commission are that far apart. Mayor Nelson said he felt that constant communication is very important. He asked the Commission and. Council members how they felt about the bus tour, and they all agreed that it would be a good idea. MEETING WAS RECESSED AT 7:16 P.M. �2.