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HomeMy WebLinkAboutMinutes 012500 Approved as submitted DATE: 02/08/2000 ;. . MINUTES isia ® �e e � i ATASCADERO CITY COUNCIL MEETING TUESDAY, JANUARY 25, 2000 7:00 p.m. PLANNING COMMISSION INTERVIEWS, 5:30 P.M. 1. Interview candidates 2. Select, by ballot, two citizens for the Planning Commission. Mayor Johnson called the meeting to order at 5:30 p.m. The Council interviewed the five candidates for Planning Commission. David Bentz and Bob Kelley were appointed to four year terms which will expire in February 2004. Mayor Johnson adjourned the meeting at 6:30 p.m. for the purpose of holding the Redevelopment Agency meeting. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:10 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Community and Economic Development Director Paul Saldana, Community Services Manager Geoff English,Assistant City Engineer John Neil, Principal Planner Warren Frace, Assistant Planner Jamie Heltsley, Chief of Wastewater Operations Mark Markwort, and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Clay and seconded by Council Member Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: None COUNCIL ANNOUNCEMENT AND REPORTS: Council Member Clay stated he want Atascadero to explore changing the name of the Atascadero State Hospital. He suggested California State Hospital, or California Men's Hospital, Oak Valley State Hospital, etc. He asked the Council to consider this issue. Mayor Johnson asked staff to review the City's options and come back to Council. Mayor Pro Tem Arrambide asked about the issue of having a member on the advisory board for Atascadero State Hospital. He confirmed with staff that they are working on the issue. A. CONSENT CALENDAR 1. City Council Minutes—January 11, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of January 11, 2000 [Marcia McClure Torgerson] 2. Final Parcel Map #98006 /AT 98-103 —9125 San Diego Road (Vaughan/Mehring) ■ Fiscal Impact: None ■ Staff recommendation: 1. Council accept the Final Map 498006; and 2. Council accept a Public Utility Easement as shown on Attachment B. [Community Development Department] MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Scalise to approve Items#A-1 and 2. Motion passed 5:0 by a roll-call vote. CC 01/25/00 Page 2 B. PUBLIC HEARINGS: 1. Burning Regulations ■ Fiscal Impact: None ■ Staff recommendation: Council oppose the ban on backyard burning being considered by the Air Pollution Control District and begin an education program as outlined in this report to improve the use of the Green Waste Program. [Fire Department] Fire Chief Mike McCain gave the staff report and introduced Karen Brooks of the Air Pollution Control District who was available tonight to answer questions. Mayor Pro Tem Arrambide stated that he is concerned about the burning issue but also feels we need to focus on a green waste recycling plan for the community. He said he concurs with the staff recommendation. Council Member Clay commented that he does have concern for the step-by-step stopping of backyard burning. He stated that burning is necessary and should be the choice of the property owner. He mentioned that backyard burning was not a topic of concern in the community survey. Mayor Pro Tem Arrambide stated that later in the agenda tonight, a request from APCD to contribute toward a central coast ozone study will be discussed. He said that he does have a concern for the health issue, but does not want to rush into a faulty program. Council Member Luna expressed concern that the Council is overreacting as the APCD proposal offers a date of May 1, 2001 for a public hearing to consider possible extension of the deadline for backyard burning. He reminded the Council that at the Smart Growth Conference, they urged Council Members to be careful about turning over the land use and the quality of life in the community to your Public Works Department and your Fire Department. Council Member Luna expressed concern that the green waste will end up in the landfill. He urged the Council to work with the APCD and not oppose them. Mayor Johnson announced that he does support looking for alternatives to burning, and keeping burning options open until we do find some alternatives. He commented that if we did ban some backyard burning, we would need an alternate solution immediately, which would be rather difficult at this time. Council Member Clay stressed that there is no difference in the air quality on burn days and non- burn days. He expressed concern for stopping backyard burning altogether. Council Member Scalise concurred with many of the previous comments, but stated that Atascadero burning problems are not the same as those in South County. She expressed support for keeping our options open in Atascadero. Council Member Clay cautioned that not all change is good change. CC 01/25/00 Page 3 Mayor Pro Tem Arrambide recognized the health issue associated with burning. He stated that we need more information prior to agreeing with the APCD's proposal. Council Member Luna suggested that backyard burning be limited by the Fire Department to specific lot sizes, taking in to consideration fire hazard, etc. He stated that the APCD needs to be educated on our problems, and we should take advantage of possible grants which would allow use to move away from backyard burning. Mayor Pro Tem Arrambide discussed the ordinances involving backyard burning. Council Member Clay stated that he agrees with Council Member Luna to a point, however, he feels freedom of choice is important. Fire Chief Mike McCain stated that the Fire Department does enforce burning regulations. PUBLIC COMMENT Karen Brooks, APCD, stated the APCD is aware of the efficient process Atascadero follows concerning backyard burning and fire prevention. They are willing to work with Atascadero on a proposal that will be conducive with our needs. APCD is also willing to create a North County committee to work on this issue. Eric Greening, 6600 Lewis Ave., said he is hearing an agency that is willing to work with us and a Fire Chief that is willing to work with the APCD. He expressed his concern with the burning of poison oak and its effect on people with respiratory problems. Robert Nimmo, 7375 Bella Vista, said he feels that if it is not broken, do not fix it. He expressed concern that the alternative to backyard burning is filling our landfills. Mr. Nimmo stated the next to go will be barbecues and fireplaces. He encouraged the Council to go slow with regulations in our community. Richard Moen, 4200 Portola Road, explained that he has many trees on his property and wants to continue to be able to burn his prunings. He stated that he would rather breath in wood smoke rather than the exhaust from the trucks taking green waste to chippers and the landfill. Steve Rossi, 9575 Morro Road, Rossi Transport Service, said he has many oak trees which requires him to burn limbs that fall. He stated that his company takes green and brown waste from the landfill and creates mulch. He encouraged the Council to promote education within the public and urged the Council to seek out alternatives. Gary Pellett, 4255 San Benito, suggested the City allows people to burn on various days because if everyone has to burn on the same day it creates excessive smoke. Mayor Johnson closed the Public Comment period. CC 01/25/00 Page 4 Council Member Luna asked to add to Staff's recommendation the following: 'T. Work with the APCD and the IWMA to obtain grants to establish programs and equipment for alternatives to backyard burning." He stated that this wording would clarify that we are trying to work with them rather than oppose them. Council Member Scalise stated that while she does not see too much a problem with his suggestion with the exception that she has a concern for the potential of noise problems, etc. She stressed that what we have in Atascadero is working and she would like to keep the control we currently have. Mayor Pro Tem Arrambide suggested adding the following: "G. The City of Atascadero will submit an annual plan of education toward an ultimate resolution, not complying with the date certain, but until that time took place that we could convert, we would submit a plan that would be reviewed by the APCD Board." Mayor Johnson stated that he is unsure about recommending an annual plan. Council Member Clay stated that he likes the original recommendation without the additions. MOTION: By Council Member Clay and seconded by Council Member Scalise to oppose the ban on backyard burning being considered by the Air Pollution Control District and begin an education program as outlined in this report to improve the use of the Green Waste Program. Motion passed 5:0 by a roll-call vote. 2. Subdivision Ordinance Update— Staff-initiated comprehensive update of the City's Subdivision Ordinance w Fiscal Impact: None • Planning Commission recommendation: Council introduce for first reading by title only, the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. [Community Development Department] Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council There was no public comment. Council Member Luna commented that this is a fair rewrite of the Subdivision Ordinance. He has been waiting for the Quimby Act to get acceptance in the City of Atascadero. However, he stated he has a fundamental problem with the Council turning over land use to un-elected surrogates. Council Member Luna expressed that now the decision making body is the Planning Commission, and feels it is inadequate with respect to accountability to the citizens. CC 01/25/00 Page 5 Council Member Scalise stated that the tentative maps do come before the Council after the Planning Commission. Mr. Saldana clarified that the tentative maps go before the Commission and final maps go before the City Council. Council Member Luna pointed out that currently, the final maps are ministerial. MOTION: By Council Member Scalise and seconded by Mayor Pro Tem Arrambide introduce for first reading by title only, the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. Motion passed 4:1 by a roll-call vote. (Luna opposed) C. MANAGEMENT REPORTS: 1. Disposition of Surplus City Equipment—excluding vehicles ■ Fiscal Impact: Indeterminate amount of revenue • Staff recommendation: Council authorize the City Manager to enter into an agreement with Asset Liquidations for the disposition of surplus City equipment. [Community Services Department] City Manager Wade McKinney gave the staff report. Mr. McKinney and Geoff English, Community Services Manager, answered questions of Council. Council Member Clay stated that he has a problem with 50% commission. He suggested Rick Graft of West Coast Auctioneers who works with several other agencies in the county. There was no public comment. Council Member Scalise stated that being in the auction business provides very low returns, and suggested that being able to go to a market would be better. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Scalise to authorize the City Manager to enter into an agreement with Asset Liquidations for the disposition of miscellaneous surplus City equipment not including vehicles. Motion passed 3:2 by a roll-call vote. (Luna & Clay opposed) 2. Legislative Priorities ■ Fiscal Impact: None Staff recommendation: Council adopt attached draft Resolution.establishing the City's legislative priorities for 2000. [City Manager's Office] CC 01/25/00 Page 6 City Manager Wade McKinney gave the staff report. Council Member Luna shared his concern with the taxation of internet sales. He recommended removing the item on page 148 of the staff report which opposes legislation that limits internet sales tax. The Council agreed (see Attachment A). There was no public comment. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt draft Resolution establishing the City's legislative priorities for 2000 with the following amendment: Remove item on Page 148 of the Staff Report which opposes legislation that limits internet sales tax. Motion passed 5:0 by a roll-call vote. City Clerk Marcia Torgerson announced that the Resolution number will be 2000-001. 3. Request to Place Sewer Connection Fees on the Property Taxes—(Lizama—3405 El Camino Real) ■ Fiscal Impact: Approval would delay collection of fees; however, interest would be charged and collected. ■ Staff recommendation: Council deny this request. [Community Services Department] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Ben Lizama, 3405 El Camino Real, owner of the property in question, explained the problem he is having with the ground water. He said has no choice but to hook up to the sewer system which will cost approximately $12,000. Mr. Lizama stated he is asking for the City's help. Mayor Johnson closed the Public Comment period. There was Council consensus to continue this item. They asked staff to investigate a Line of Credit and the possibility of legal action for the Applicant. 4. Request from Air Pollution Control District(APCD)—Contribution towards the Central Coast Ozone Study (CCOS) ■ Fiscal Impact: $2,500.00 ■ Staff recommendation: Council authorize a$2,500,00 contribution and appropriate the funds from the reserve fund. [City Manager's Office] CC 01/25/00 Page 7 City Manager Wade McKinney gave the staff report. Mayor Pro Tem Arrambide gave an overview of the problems and the need for a study. He also answered Council questions. There was no public comment. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to authorize a $2,500.00 contribution and appropriate the funds from the reserve fund. Motion passed 5:0 by a roll-call vote. 5. Information Bulletin E. COMMITTEE REPORTS: Water Committee Council Member Clay reported that Eric Greening informed him that the Board of Supervisors passed the funding for the Paso Robles Basin Study which allows for a one-year study. SCA-3 Steerina Committee Council Member Scalise announced that Marcia Torgerson represented Atascadero at the last meeting. She stated that the questionnaire was discussed, and Godbe will go ahead with the survey. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Arrambide stated the Council had a productive time at the leadership conference. Council Member Scalise commented that there was a lot of good information. Mayor Johnson reported that he received a letter from Dave Romero, League of Cities, who is attempting to fill in some of the policy committees in this region. Mr. Romero is looking for someone to serve on the Administrative Services Committee. City Clerk Marcia Torgerson announced that earlier this evening,the Council re-appointed David Bentz and appointed Bob Kelly to the Planning Commission. She also explained the new numbering system for resolutions, ordinances and contracts. CC 01/25/00 Page 8 Concerning the SOAR Initiative, she reported that the City Attorney did write the title and summary as requested, and it has been returned to the SOAR Committee Attorney. City Treasurer David Graham stated that he should have a report sometime in the near future. G. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:20 p.m. to the next regularly scheduled City Council Meeting on February 8, 2000 at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City er Melanie Whaley, Deputy City Clerk ATTACHMENT: A- Overhead used by Council Member Luna for discussion concerning internet access charges and internet sales tax. CC 01/25/00 Page 9 Attachment: A Atascadero City Council Meeting Date: 1-25-00 CALIFORNIA Internet Access Charges Internet access charges.are not taxable: California AB 1614 was signed by the Governor on August 24, 1998 and becomes effective 1/1/99. This legislation places a three year moratorium on the . imposition or assessment of tax on Ilaternet Access charges or on- line computer services. Also included in the moratorium are the imposition of bit or `bandwidth taxes or discriminatory taxes on Internet access or on-line computer services.. Source: CA AB 1614; Statute § 65001 through §65004 of CA Revenue Taxation Code Sales of Goods Purchased Over the Internet In California, sales of goods over the Internet are treated the same as sales of tangible personal property through more traditional channels and, therefore, subject to the rules of nexus and California's sales/use tax laws. ~� Clarification on the Effect of CA AB 1614 on Sales of Goods Purchased Over the Internet: AB 1614 provides for an amendment to Revenue and Taxation Code section 6203. Section 6203 relates ONLY to whether a retailer is "engaged in business" in California,that is,whether the retailer has sufficient nexus under California law to require the collection of use tax.This section in no way provides an exemption from the otherwise applicable use tax,nor does the amendment added by AB 1614.What the amendment does do is to confirm that a retailer's advertising and taking of orders through an Internet web site is disregarded for purposes of determining California use tax collection nexus. Thus, if the retailer has no other presence in California except for the taking of orders over the Internet,the retailer,,vill not be required to collect use tax from its California customers. In fact,this is not a change in the law going into effect on 1/1/99 because it simply confirms the position previously taken by the Board and incorporated into Regulation 1684. In any event,the purchasers of the property will still owe the use tax whether the retailer is required to collect it or not. In the latter case,the purchaser remains liable for the tax until it is paid to the Board.The bottom line is that the application of tax to sales of tangible personal property is identical whether the order is placed by mail,phone,or over the Internet. There are no exemptions for sales of tangible personal property by any of these means,including sales of tangible personal property that are the result of orders taken over the Internet,and AB 1614 in no�vay changes that: Information/Software Purchased via Downloading from the Internet Information/Soffivare Purchased via Downloading from the Internet is exempt. Source: California Code Regs § 1502(f)(1)(D) Pending Legislation None at this time t