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HomeMy WebLinkAboutMinutes 0410904Tn4w rrEM I Approved as Read 4/24/90 ATASCADERO CITY COUNCIL MINUTES APRIL 10, 1990 The meeting was called to order by Mayor Pro -Tem Lilley at 7:05 p.m. The Pledge of Allegiance was led by Councilman Shiers. ROLL CALL: Present: Councilmembers Mackey, Borgeson, Shiers and Mayor ProTem Lilley Absent: Mayor Dexter Staff Present: Ray Windsor, City Manager; Arther Montandon, City Attorney; Henry Engen, Community Development Director; Andy Takata, Director of Parks, Recreation & Zoo; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief; Gregory Luke, Public Works Director and Lee Dayka, City Clerk and Lisa Schicker, City Arborist Mayor ProTem Lilley introduced and welcomed Gregory Luke, the new Public Works Director. Mr. Luke gave a brief description of his professional background for those present. PROCLAMATIONS: Mayor ProTem Lilley read the following proclamations: - "Victims' Rights Week" - April 22-28 1990 - "Child Abuse Prevention Month" - The Month of April 1990 - "March of Dimes WalkAmerica Day" - April 21, 1990 - "Earth Week" - April 15, 22, 1990 Recycling Program Presentation by Jim Patterson: Jim Patterson, Chairman of the Recycling Committee, gave an in- depth status report on the committee's efforts and concerns. He reported on the concept of curbside recycling, describing two types: Material Separation Method and Co -Mingling. He stated that the program would need to be tailored to the community and added that the system would apply only to residential customers CC4/10/90 Page 1 0 0 and offer limited reduction. Mr. Patterson explained that the economic future of recycling looks grim and that new markets must be created to complete the circle. He stated further that the committee was in support of Wil -Mar Disposal's request for a fee increase and that the garbage company has been very cooperative with the concerns of the Recycling Committee. The committee's chairman spoke in support of mandatory garbage collection, stating that currently Atascadero does not have an accurate accounting of how much solid waste it is producing. He added that in order to meet the strict requirements of new legislature, the City must focus on source reduction, pursue curbside recycling, continue with public education programs, establish regional cooperation to share costs and benefits, and urged the designation of a City employee whose sole duty would be to implement these concepts. Mr. Patterson introduced the members of the Recycling Committee as Councilwoman Mackey, Craig Dingman, Michelle Velasco, Renee Silberman, Ron Vilarino, David Crouch and Bill Gibbs. Additionally he acknowledged Jim Rosa of Wil -Mar Disposal Company. Mayor ProTem Lilley thanked Mr. Patterson for his presentation and asked the public to hold their comments regarding mandatory garbage pick-up (C-2) until that item of the agenda was called for. COMMUNITY FORUM: Mayor ProTem Lilley opened the meeting for public comments. There were none. Chief McHale recognized the work of the Retired Senior Volunteers Program (RSVP) and reported that there are currently 16 members from this group working with the Police Department. The Chief announced that on April 7, 1990, at a County -wide meeting of the Board of Directors of RSVP, the Atascadero Police Department RSVP Station received the honor of "Station of the Year". He stated that the unit is coordinated by Officer Ken Spann and supervised by Lt. Bill Watton. The Chief also announced that his department had also received two awards recognizing Investigator Blair Sims for his efforts in prevention of child abuse. CC4/10/90 Page 2 • • Mayor ProTem Lilley thanked the Chief, his department and the senior volunteers. A. CONSENT CALENDAR: Mayor ProTem Lilley read the Consent Calendar. 1. MARCH 27, 1990 CITY COUNCIL MINUTES 2. MARCH 29, 1990 CITY COUNCIL MINUTES (Study Session) 3. CITY TREASURER'S REPORT - FEBRUARY 1990 4. FINANCE DIRECTOR'S REPORT - FEBRUARY 1990 5. RESOLUTION N0. 36-90 - RESCINDING RESOLUTION NO. 3-81 AND AUTHORIZING THE ADJUSTMENT AND SETTLEMENT OF CLAIMS AGAINST THE CITY 6. FINAL PARCEL MAP 16-899 9350 SANTA CRUZ RD. - Subdivision of one parcel containing approximately 9.63 ac. into two lots of 4.00 ac. and 5.63 ac. in the RS zone (Lobo Investments, Inc./Pace) 7. REQUEST FOR TEMPORARY STREET CLOSURES - ATASCADERO CRITERIUM, APRIL 29, 1990 S. SOLUTION NO. 38-90 - ESTABLISHMENT OF A NO PARKING ZONE ON EL CAMINO REAL @ SANTA ROSA ROAD 9. RESOLUTION NO. 37-90 - ESTABLISHMENT OF A NO PARKING ZONE ON EL CAMINO REAL, 150' NORTH OF THE ENTRANCE TO THE VILLA MAR- GARITA MOBILE HOME PARK 10. RESOLUTION N0. 39-90 - ESTABLISHMENT OF A NO PARKING ZONE ON CAPISTRANO FROM THE CALTRANS PARK-AND-RIDE TO THE NORTH EDGE OF THE HOTEL PARK PROPERTY 11. RESOLUTION N0. 46-94 - ESTABLISHING A ROAD IMPROVEMENT STAN- DARD DETAIL 12. PROPOSED AMENDMENT TO BUSINESS IMPROVEMENT ASSOCIATION BY- LAWS 13. RESOLUTION NQ. -_44-90 - CITY OF ATASCADERO WASTE REDUCTION AND PROCUREMENT POLICY (Recycling Committee) CC4/10/90 Page 3 Councilwoman Borgeson asked to pull Item #5 for further discussion. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve the Consent Calendar with the exception of Item #5; passed unanimously by roll call vote. 5. RESOLUTION NO. 36-90 — RESCINDING RESOLUTION NO. 3-81 AND AUTHORIZING THE ADJUSTMENT AND SETTLEMENT OF CLAIMS AGAINST THE CITY Mark Joseph gave staff report recommending adoption of Resolution No. 36-90 establishing the Risk Review Committee. He indicated that the formation of this committee would expedite settlements, streamline the process, place risk management on a higher priority and ultimately save the City in litigation and insurance costs. Council discussion followed regarding the settlement authority of $10,000. The City Attorney explained that he had suggested this figure, but that the City Council had the discretion to change that amount. Mr. Montandon further explained that this maximum does not relate to cost savings on insurance premiums. He reiterated that the Council will be kept informed of all claims and implied if a claim needs to be settled on an emergency basis, a special Council meeting can be called to do so. In addition, he advised that the councilmember appointed to the committee did not have to be an attorney. There was no public comment. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to adopt Resolution No. 36-90; passed unanimously by roll call vote. B. HgARINGS/APPEARANCES: 1. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST AS PART OF PARCEL MAP APPLICATION (44-87) FOR THE PURPOSES OF ROAD CONSTRUCTION BY OWNER RUSS JOHNSON AT OBISPO ROAD Henry Engen gave staff report with the recommendation to approve subject to a 2:1 replacement. Brief discussion followed regarding the road alignment and possible alternatives. The applicant was not present. CC4/10/90 Page 4 There was no public comment. Councilwoman Borgeson stated that she was in favor of the road and that it would create better traffic flow. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve the Heritage Tree Removal based upon the recommendations of the City Arborist; passed unanimously by voice vote. 2~ CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST AS PART OF AN APPLICATION FOR PRECISE PLAN 69_89 FOR THE PURPOSES OF HOME CONSTRUCTIONw 14400 EL MONTE ROAD (Ranallette) Mr. Engen gave staff report recommending the arborist's reluctant approval, with a 4:1 replacement. The Community Development Director described the property, proposed homesite and septic system. Lisa Schicker, City Arborist, reported that she had not consulted with the applicants or architect before the home had been designed. She indicated that a pre -design consultation might have avoided the tree removal and given the Ranallettes a home just as pleasing. Ms. Schicker reiterated the importance of pre - site counseling. Councilman Shiers commented that initially the applicants were advised that the two trees were dead and asked the City Arborist if they had been informed that this was not so. Ms. Schicker responded that she knew the architect was aware of this, but was not sure if the applicants themselves knew prior to receiving a copy of her report. Additional discussion followed regarding the notification of public. Staff indicated that a Public Notice is printed in the newspaper and that notice is also posted on the property indicating the date of City Council hearings. The applicant, Ann Ranallette, described the house as a two-story one and indicated that attempts were made to protect the trees, but that the septic system designated the building site. The City Arborist explained, based on her discussion with the architect, that she had interpreted the house to be one-story. She stated that two of the floors have a few, small steps and that the home has a large floor plan with slightly risen and sunken levels. The applicant answered Council questions regarding the condition CC4/1U/9O Page 5 0 of the trees. Mrs. Ranallette stated that she had originally been told the trees were diseased and dying, and acknowledged that it (time of inspection) may have been a bad time of year for them. She added that there were over fifty other trees on the property. Mayor ProTem Lilley asked the applicant if any attempts to be re- design the home were made after the Ranallettes were informed that the trees were healthy. Mrs. Ranallette responded that they had tried afew other designs, but because of the septic system, the proposed site was the only one that would work. Steve Casler, 14500 El Monte, spoke in opposition of the tree removal request stating that he believed the applicants have other options for the homesite. He reported that he himself had worked with the Tree Committee in planning his own home and had built it without removing any trees. Mr. Casler stated that approval would impact both his and the applicant's property and stressed concern for the two large trees. He urged the Council to deny the request. Additional discussion followed. Councilwoman Mackey explained that she had not been able to find the site and therefore could not vote on the matter. Mayor ProTem Lilley explained that he was not sure if he had actually seen the site in question and entertained a motion to continue. MOTION: By Councilman Shiers and seconded by Councilwoman Mackey to continue the matter to allow consultation ' between the architect and City Arborist for consideration of optional building plans; carried 4:0. �~ CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST»7955 DEL RID ROAD (Payne) Henry Engen gave staff report recommending approval with a 2:1 replacement. He indicated that the site was heavily covered with Oaks and that the applicant was requesting to replace the oak with two purple leaf plums. Discussion followed regarding noticing. Mr. Engen reported that a sign is supposed to be visible from the street and a ribbon placed upon the proposed tree. Ms. Schicker clarified for Council that it is the applicant or the applicant's arborist who is responsible for posting the notices, indicating that her office sends the applicant the necessary posters and ribbons for marking at least a week before the meeting. CC4/10/90 Page 6 Councilwoman Borgeson noted that the applicant would have planted the purple leaf plum trees anyway and stated that Mr. Payne might be willing to donate some Oak trees to the City's Oak Nursery. Councilman Shiers commented that the Tree Ordinance states the removed trees shall be replaced with a similar native tree and technically this tree should be replaced with native oaks rather than the plums. The applicant, David Payne residing at 7955 Del Rio Road, was present and stated that he was, indeed, willing to donate two oak trees to the Oak Nursery. There was no public comment. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve the Heritage Tree Removal Request; passed unanimously by voice vote. 4. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST, 5715 SANTA CRUZ (Lindsey/Hilltop Mobile Manor) Henry Engen gave staff report indicating that the ribbon marking the tree had been stolen, but that the tree had been identified with an "X". The staff's recommendation, he explained, was for approval with a 10:1 replacement. Ms. Schicker clarified for Council that the applicant was concerned over the safety of the elderly residents who walk to the mailboxes daily. She expressed reluctance toward approving the removal stating that she wished there was an alternative as few trees get to be that big. The applicant was not present. Mr. Engen reported that the manager of the mobilehome park was recovering from surgery. Council comments followed. Alternatives of moving the mailboxes and/or driveway were discussed. In addition, issues of replanting and forest rejuvenation with respect to the revision of the Tree Ordinance were addressed. There was no public comment. MOTION: By Councilman Shiers and seconded by Councilwoman Borgeson to continue the item until contact can be made with the owner of the mobilehome park to discuss alternatives of re -locating the mailboxes and roadway; motion to continue unanimously carried. CC4/10/90 Page 7 ° 0 C. REGULAR MUN.E.99: With the concurrence of order of the first two #C-2 first. 2. SOLID WASTE* 0 Council, Mayor ProTem Lilley reversed the items of regular business taking up Item A. LANDFILL FEE INCREASE B. CONSIDERATION OF MANDATORY GARBAGE C��LL���%�� The City Manager advised that the two sub -matters be discussed as Mark Joseph gave background on the landfill fee increase request which would include "tipping fees" to cover the costs of a comprehensive recycling study as required by new State Legislation (AB939). He added that there would also be a minor increase in the franchise fee the City collects to ensure Wil - Mar's recovery of costs. Mr. Joseph reported that staff's recommendation was for adoption of Resolution No. and answered Council questions regarding the fees. Councilwoman Borgeson stated that she was reluctant to approve a rate increase of this size on the citizens of Atascadero. She expressed that it is only fair for Wil -Mar to recover their increased costs, but indicated that she had a problem with funding the study because only those who take Wil -Mar's service will be paying for it. Councilwoman Mackey clarified that the Recycling Study is to be a County -wide preparation of a nine -element report to the State due by July 1991 and will be expensive to complete. She reported that the Technical Committee for the Solid Waste Task Force had recommended the increased "tipping fee" of $1.00 per ton in order to fund this study. Councilwoman Borgeson reiterated that Wil -Mar customers in Atascadero will be paying this extra dollar. Councilwoman Mackey indicated that the issue of mandatory garbage collection has been raised, in part, to spread the costs to all. Representing Wil -Mar Disposal CO-_,__Ln_c, Luci Dalton, on behalf of Betty R. Sanders of the law firm of Wright & Sanders, read the attached letter (see Exhibit A) asking Council to grant Wil -Mar Disposal's request for a fee increase and support the concept of mandatory garbage collection. CC4/1O/90 Page 8 0 • David K. Smith, C.P.A., answered questions from Council regarding the preparation of the proposal submitted by Wil -Mar Disposal. He clarified that the 5% franchise fee is charged by the City and the $1.00 tipping fee is mandated by the County, and that it was quite appropriate for Wil -Mar to pass these increases on to its' customers. The accountant stated that whether or not it is fair for the governing agencies to assess these fees is another issue altogether, one which Wil -Mar has no control over. With respect to mandatory garbage collection, Mayor ProTem Lilley asked Mr. Smith if the proration of the landfill increase would need to be re -calculated. The CPA responded that it would not, as the costs have been determined on a per -yard basis. He stated that if mandatory pick-up became a reality, other costs would need to be re-examined and advised that the cost per service may decline in some areas. Public Comments: George Zidbeck, 1869 San Fernando Road, recognized the need for a dumping fee increase stating that he will pay for it at the dump. He suggested a one-time fee for all residents of the County to pay for the Recycling Study, but opposed the mandate of full - garbage pick-up. Whitey Thorpe, 8825 Santa Ynez, opposed mandatory collection stating that citizens should take more responsibility for their garbage. He declared that government has had too much control and stressed the benefits of burning, salvaging and composting. He insisted that Wil -Mar's recent addition of the 2 -can garbage container has already allowed for an increase in fees. He urged the Council to accept free enterprise, even in trash collection. Jerry Bond, 4840 E1 Verano, supported the landfill rate increase but strongly opposed mandatory garbage collection. Bob Nimmo, 7375 Bella Vista, stated that the City cannot allow the garbage company to go broke and implied that most responsible citizens would accept mandatory garbage pick-up and the rate increase rather than having a city that is cluttered with trash. He expressed concern over the fact that irresponsible citizens are dumping their garbage into other people's dumpsters and asserted that it was time for the issue of mandatory garbage collection be constructively addressed. Mr. Nimmo urged the Council to take positive action on both matters. Mike Tobey, 8193 San Dimas, objected to mandatory garbage CC4/10/90 Page 9 collection claiming that it would be He additionally opposed the commercial businesses should not be charged more stressed that the differential is wrong probably cancel all services if passed. an invasion of his rights. rate increase stating that than residents. Mr. Tobey and noted that he would Larry Sherwin, 2755 Campo Road, opposed mandatory garbage pick- up. He reported that three of his neighbors have recently spent $60,000 to put in the road he lives ,lust off of and that the road is not City -maintained. He expressed concern over the wear and tear it would receive from the added traffic of garbage trucks. Mr. Sherwin urged the Council to allow people to get rid of their own garbage as long as they do it in the appropriate place. He added that animals are responsible for getting into garbage and spreading it through our town. Ralph Gatos, 7770 Valle, commended the Recycling Committee for its' earlier report describing it as eye-opening. He supported the committee's suggestion of allowing pick-up of individual trash bags, stating that he and his wife do not generate much garbage but opposed mandatory collection. Mr. Gatos asked if Wil -Mar had a vacation credit. Mr. Gibbs answered that it does. Mayor ProTem Lilley called for a recess at 9:22 p.m. The meeting reconvened at 9:45 p.m. Mr. Lilley recapped the issues and reported that staff recommendation with respect to mandatory garbage collection was for further review and Council direction. Lengthy Council discussion followed. Councilwoman Borgeson stated that trash pick-up services should be put out to bid to ensure cost-effectiveness. She indicated that she was not in favor of mandatory garbage pick-up and that the concept requires more staff research. Acknowledging earlier public comment regarding the issue of competition, Councilman Shiers indicated that monopolies are typically granted by government agencies because of the large economies of scale. He stated that it is often cheaper, on a per-unit basis, to have only one firm provide service. The Councilman noted that fees should be decreased if we are going to have mandatory trash pick-up and only have one company provide that service if, in fact, it can do so because of large economies of scale. He added that further review of the fee structure should be done and recommended giving direction to staff to study what might happen to fees with mandatory garbage pick-up and establish if the per-unit costs could be reduced if only one CC4/10/90 Page 10 company provides service or if there is room for competition. Councilwoman Mackey reported that she had been approached by two citizens who were against mandatory garbage collection and recognized that there are those who will not be happy with this concept. She advised that Atascadero is the only city in the County which does not have mandatory garbage collection. She continued that the County is mandating that the urbanized areas in the rest of the County under their jurisdiction have mandatory collection and explained that she could not see how Atascadero could avoid it. Ms. Mackey questioned whether mandatory garbage collection would be required within the Urban Services Line or within the total City limits and concurred that the issue needs more staff study. In addition, Councilwoman Mackey was in support of a pass-through increase for Wil -Mar and suggested a flat percentage for both residential and commercial customers. Mayor ProTem Lilley stated that although he was hesitant to regulate his neighbors, he failed to see how the City could meet the goal of 25% reduction in waste within five years unless everyone is part of the system. Mr. Lilley continued that he was in favor of mandatory garbage pick-up and that unless the Council was ready to impose this regulation in the very -near future, was in support of approving the present rate increase. He expressed concern about the fee structure and although he supported Wil - Mar's request to recoup their added fees, stressed that the Council has an obligation to the community to ensure that the rates are prorated fairly. Additionally, Mr. Lilley's comments echoed those of Councilman Shiers with respect to the economies of scale. Councilwoman Mackey asked for an explanation of the rate percentages. Mark Joseph reported that he had based the percentages on the current service level and pass-through figures calculated by Mr. Smith. He added that the additional AH939 study and franchise fees are based on one dollar per ton. If those fees were deducted, he speculated, there would still be a variation in percentages. Mr. Smith noted that if the City were to establish mandatory garbage pick-up, it would require a complete re -analysis of the rate structure. He stated that if the City imposes mandated pick-up, some costs would decrease on a per customer basis, but other costs may increase because of the added services. The CPA advised that the rates reflect a direct pass-through based on a per -yard cost and added that no percentages were considered at the time he completed his analysis. CC4/10/90 Page 11 Councilwoman Borgeson expressed concern about the franchise fee increase. The City Attorney advised that the 5% increase could be deleted. Mr. Joseph explained that administratively there may be some implications for Wil -Mar and that the City would lose that additional revenue. MOTION: By Councilwoman Borgeson and seconded by Mayor ProTem Lilley to adopt Resolution 45-90, passed unanimously by roll call vote. Additional discussion followed regarding mandatory garbage pick- up. The City Manager suggested, in light of comments from Wil - Mar's CPA and Council, that the issue be referred back to staff with direction to meet with Wil -Mar to provide applicable data to report back for further review as part of another formal, noticed hearing. Members of Council made further comments reflecting their concerns. Mayor ProTem Lilley asked for a cost estimate if pick- up became mandated. Councilwoman Mackey asked for an evaluation of costs for pick-up within the City limits versus within the Urban Services Line. She also made note of the letter received from Dean E. Wooldridge, Jr. of Atascadero who requested consideration of lower rates for certain households. Councilwoman Borgeson reiterated that a bid process should be used if mandatory pick-up is considered. She continued that issues of maintaining the roads and liability should be addressed as well. The City Manager indicated that staff will go over all concerns of Council and come back with an in-depth report. Councilman Shiers stated that he would like to see the cost study be done as completely as possible with an indication of how much mandatory garbage pick-up will actually go towards reducing the amount of solid waste. Mayor ProTem Lilley asked for specific, comparative information on what kind of effect the various recycling programs within the City would have with and without mandatory garbage collection. Mr. Lilley referred back to the scheduled agenda, Item #C-1. CC4/10/90 Page 12 0 1. CONSIDERATION OF FISCAL PLANNING MODEL SERVICES - RECOMMEN— DATION OF REVIEW PANEL AND STAFF Henry Engen gave staff report with the recommendation to authorize the City Manager to negotiate and enter into a contract with Crawford, Multari and Starr to prepare Task 3: Long -Range Financial Analysis and General Plan Policies review for a Fiscal Planning Model, not to exceed $40,000. Mr. Engen introduced Michael Multari and Dr. Steven French from the consulting firm, who were present in the audience. The Community Development Director responded to questions from Council. Councilwoman Mackey asked what the payment terms would be, to which Mr. Engen stated that the firm was flexible and open for negotiation. Councilwoman Borgeson inquired if additional staff would be needed. The City Manager clarified that no additional personnel would be hired in order to complete the study. Councilwoman Borgeson indicated support and elaborated on the benefits. The City Manager added that the study would give the Council a number of tools to allow for more effective decisions with respect to land use. Mayor ProTem Lilley endorsed the study stating that it represented a part of responsible government and entertained a motion to approve. MOTION: By Councilman Shiers and seconded by Councilwoman Borgeson to direct staff to enter into negotiations for Task 3 with the consultants, Crawford, Multari and Starr; unanimously passed by roll call vote. The City Manager indicated, for the record, that Mayor Dexter was in support of the fiscal planning model. (Item C-2 discussed previously) 3, - ESTABLISHMENT OF STOP SIGN ON OLD MORRO ROAD EAST AT THE INTERSECTION WITH LOS OSOS ROAD (Traffic Committee recommendation) Henry Engen gave background and staff recommendation to approve Resolution No. 19-90 which would establish a stop sign on Old Morro Road East at Los Osos Road. He stated that the present stop sign would remain. CC4/1O/9O Page 13 M i i Mike Tobey, 6193 San Dimas, asked the Police Chief how many incidents had been reported in that area. Chief McHale explained that the incident rate there was very low. Mr. Tobey suggested that other areas need the attention more than this one and asked to leave well enough alone. MOTION: By Councilwoman Borgeson and seconded by Mayor ProTem Lilley to deny both requests and leave the intersection unchanged; motion carried 3:1 with Councilwoman Mackey voting against the denial. 4. DISPOSITION OF SAN BENITO LOT: A. RESOLUTION N0. 42-90 — ABANDONING A PORTION OF SAN BENITO ROAD SUBJECT TO FOUR (4) CONDITIONS B. RESOLUTION NO. 43-90 — AUTHORIZING EXECUTION OF A PUR— CHASE AND SALES AGREEMENT BETWEEN THE CITY AND MICHAEL L. FREDERICK FOR THE CITY PROPERTY CONTAINED WITHIN THE SAN BENITO ROAD ABANDONMENT Henry Engen gave background and recommendation to approve both resolutions. He explained the sales agreement and conditions of approval noting that as a condition of the sale, the nonconforming lot of record would be merged with the adjoining property owned by Mr. Fredericks, and that the City would retain an easement for potential sewer and pump station. Greg Ravatt, architect representing Mr. Frederick, addressed the Council offering to answer any questions. There were none. There was no public comment. MOTION: By Councilwoman Mackey and seconded by Mayor ProTem Lilley to approve Resolution 42-90; passed unanimously by voice vote. MOTION: By Councilwoman Mackey and seconded by Mayor ProTem Lilley to approve Resolution 43-90; unanimously carried by roll call vote. 5. PROPOSED ABANDONMENT OF A PORTION OF MARCHANT WAY RIGHT—OF— WAY ADJACENT TO LOT 79 AT 9590 MARCHANT WAY AND PROPERTY EXCHANGE BETWEEN THE CITY OF ATASCADERO AND MURRAY WARDEN: A. RESOLUTION NO, 40-90 — ABANDONING A PORTION OF MARCHANT WAY SUBJECT TO FIVE (5) CONDITIONS CC4/10/90 Page 14 B. RESOLUTION Nips 41-90 — TION THERETO EXCHANGING PROPERTIES IN RELA— Henry Engen gave his report recommending approval of both resolutions stating that by doing so, the Council could clean up this property issue. Brief Council discussion followed. Mr. Warden was present and availed himself for questions. There was no public comment. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve Resolution No. 40-90; passed unanimously by voice vote. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve Resolution No. 41-90; motion unanimously carried by roll call vote. b. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT - June 2. 1990 The City Manager recapped that Council had discussed this item and had agreed to participate in a county -wide household hazardous waste collection day. He stated that the original estimated cost to the City, based on a per capita basis formula, was for around $28,000. Mr. Windsor referred to a letter received from G.H. Rowland, M.D., County Health Director and explained that those costs have escalated considerably. He indicated that the per capita basis funding has been changed to an individual participant basis and reported that the estimated cost would be $90 to $100 per participant for disposing of household hazardous waste. He advised that he was uncomfortable with now not having any indication of what the true cost would be. Additionally, he stated that the location would not be in the North County as originally hoped for, but in San Luis Obispo, and speculated a lower participation because of this. Councilwoman Mackey indicated that it has been determined that three events are needed, but that the Solid Waste Commission had voted to go ahead with one event for now. She reported that there is no way of knowing what the actual cost will be until a collection day is held. Ms. Mackey explained that the County will bill the City for each Atascadero participant after the fiscal year and added that each person will be required to show identification and fill out a detailed form. CC4/10/90 Page 15 Council discussion followed regarding the cost and site location. Mayor ProTem Lilley stated that he would like to see some cooperation with the City of Paso Robles to put together a hazardous waste disposal day in the North County. He stated that it was of questionable merit to ask the people in this area to load up their hazardous materials and drive Cuesta Grade to dispose of them. He added that he would expect a poor turn -out and expressed concern that the drive to San Luis Obispo itself will not deter participation. Councilwoman Mackey advised that there has not been a representative from Paso Robles at the meetings. The City Manager offered to make inquiries as to possible locations in Paso Robles. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to extend the meeting past 11:00 p.m.; all were in favor. Discussion continued. The City Manager relayed his discomfort over this matter stating that there are too many unknowns and was hesitant to commit the Council to something they were uncomfortable with. Mayor ProTem Lilley expressed opposition to the last-minute changes and lack of exact costs. Mr. Windsor added that he feels dissention among all the communities about whether or not to be involved in this event. Councilwoman Mackey agreed, but reiterated her support of going ahead with a one -day event despite the lack of firm figures. The City Manager agreed with the councilwoman and recommended going ahead with the event. He added that the City needs a program to determine what the affects are to be and supported a cooperative effort with other communities in the North County to establish a collection location which would meet State standards. MOTION: By Councilwoman Mackey and seconded by Councilwoman Borgeson to confirm with County of San Luis Obispo Atascadero's participation in a one -day hazardous waste event on June 2, 1990 at Camp San Luis; motion carried 3:1, with Mayor ProTem Lilley opposing. 7. ATASCADERO BABE RUTH — REQUEST FOR ADDITIONAL NON—PROFIT ORGANIZATION FUNDING The City Manager gave staff report recommending approval. Councilwoman Borgeson was in support. There was no public comment. CC4/10/90 Page 16 MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve the request for additional funds; passed unanimously by roll call vote. D. : 1. City Councils A. CoMmittee Reports (The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. City/School Committee - The City Manager announced the next meeting as May 9, 1990. 2. North Coastal Transit - Councilwoman Borgeson stated that there would be an upcoming meeting and that she would bring back a report at another date. The City Manager announced that as part of Earth Week, April 17, 1990 has been designated as Free Transit Day. and asked Council for approval to participate. Council was in agreement and the Mr. Windsor stated that he would see that the City received the necessary publicity. 3. S.L.O. Area Coordinating Council - No report. 4. Traffic Committee (Bee Items A-8, 9, 10 & C-3) 5. Solid/Hazardous Waste Mgmt. Committee (See Items C -2-A & B) 6. Recycling Committee (See Item A-13) 7. Economic Opportunity Commission - No report. B. B.I.A. (See Item A-12) 9. Downtown Steering Committee - Henry Engen announced that a public hearing had been scheduled for May 10, 1990 at 7:00 p.m. to review the Draft Atascadero Downtown Master Plan. Mayor ProTem Lilley stated that this was a major event and wanted to see lots of publicity. 10. General Plan Subcommittee - Henry Engen reported that the next meeting would be April 11, 1990 at 4:00 p.m. CC4/10/9O Page 17 Councilwoman Mackey announced that she would be away during the regular meeting of the Council scheduled for April 24, 1990. 2. City Attorney - No report. 3. City Clerk - No report. 4, City Attorney - No report. 5~ City Manager Mr. Windsor announced that the city -sponsored Big Chill Night was a success and that $1,000 was to be donated to the Lake Pavilion Fund. In that regard, he explained that he had been contacted by the committee who asked that the $5,000 donated by Warner Bros. be released to them to be placed into the same account so that advantage could be taken of the additional interest earned. Council was in concurrence. Mayor ProTem Lilley recognized Andy Takata, Director of Parks, Recreation & Zoo for the department's efforts. The City Manager, addressing a separate item, asked Council to schedule a closed session for the purpose of hearing a presentation from Becker & Bell on up -coming employee negotiations and to discuss the proposed purchase of property located in the 9000 Block of Morro Road. He suggested a meeting date of Thursday, April 19, 1998 at 3:00 p.m. stating said meeting would be held in the Club Room. Discussion followed and Council agreed to that date. THE MEETING WAS ADJOURNED AT 81:20 P.M. TO A CLOSED SESSION ON THURSDAY* APRIL 19v 1990 AT 3sOO P.M. -------- -`' CITY LLhKK Attachment: Exhibit A (Sanders) CC4/1O/9O Page 18 r WILLIAM D. WRIGHT (RETIRED) BETTY R. SANDERS City Council City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 WRIGHT & SANDERS A LAW CORPORATION 5950 ENTRADA AVENUE ATASCADERO, CALIFORNIA 93422 Ladies and Gentlemen of the Council: 4 Exh. A April 10, 1990 TELEPHONE (805) 466-9026 FAX (805) 466-9098 I have asked that this letter be read to you in my absence, an absence which I sorely regret. As many of you know, I believe very strongly that mandatory collection of solid waste is extremely important for all the citizens of Atascadero. You have been advised of the necessity to reduce the solid waste stream in order to comply with new State law. You doubtless know the penalty for non-compliance. I further believe that each of you appreciates the value of preserving our environment and that each of you understands the necessity of fuel involvement by all of us in this endeavor. For this reason we believe that mandatory solid waste collection is a logical first step toward waste reduction mandated by State law. If we are to have a viable plan for waste reduction we must be able to identify source generation. Further, a curbside recycling plan can only operate effectively if there is full participation by everyone. It would bepatently unfair to expect the residents currently paying for garbage collection to subsidize the ones who do not. Therefore, from an equity point of view, mandatory collection is the fairest and least burdensome method for achieving our goal. We therefore respectfully request that this Council direct staff to go forward with all due diligence to prepare a resolution adopting mandatory collection within the city limits of the City of Atascadero. Very t.ruly yours, BETT"SANDERS . BRS/baw