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HomeMy WebLinkAboutMinutes 030894CC 03/08/94 Page 1 Approved as Submitted Meeting Date: 4/14/94 ATASCADERO CITY COUNCIL MARCH 8, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Borgeson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo Absent: One Seat Vacant Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager/Director of Community Services; Art Montandon, City Attorney; Henry Engen, Community Development Director; Doug Davidson, Senior Planner; Russ Scotten, Interim Finance Director; Lt. John Barlow, Police Department; Mark Markwort, Chief Waste Water Operations; Valerie Humphrey, Engineering Department PROCLAMATION: Mayor Nimmo proclaimed 1994 "Atascadero State Hospital Year" and presented the proclamation to Jon DeMoralis, Executive Director, Atascadero State Hospital. Mr. DeMoralis invited all to the rededication of the hospital scheduled for June 20, 1994. COMMUNITY FORUM: Paul Phelman, Rancho Del Bordo, asked for a status report on the South El Camino Real median revisions. Henry Engen provided an update on the project. Eric Greening, 7365 Valle, noted that it would be helpful to the citizenry if minutes from the various City Council committees could be available in City Hall and in the Library. Rick Dunbar, 5670 Encino, shared concern about teenage gangs and residents in "group homes". Mayor Nimmo asked the speaker to put concerns in writing addressed to the CC 03/08/94 Page 2 City Manager. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-tees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments (COG)/Regional Transit Authority - Mayor Nimmo reported on the meeting of March 2, 1994. He mentioned that COG had reviewed proposed benefits and pay for COG staff. No action was taken on the matter and the item was continued for further deliberations. 2. Solid/Hazardous Waste Task Force - Henry Engen explained that the Draft Joint Powers Agreement will be submitted to the City in June. 3. City/School Committee - Councilwoman Borgeson asked the City Manager to schedule the meeting and add to the agenda discussions relating to "group homes" and gang problems at the high school. 4. County Water Advisory Board - Councilwoman Borgeson reported that the board had met on Wednesday, March 2, 1994. She announced that there were new delegates on board and commented that the board reviewed its' by-laws and purpose. 5. Economic Round Table - Mayor Nimmo reported that the Round Table would be meeting on Wednesday, March 16, 1994 at 7:30 am. 6. Colony Roads Committee - Councilman Luna announced that the committee would be meeting on Thursday, March 9. Councilwoman Borgeson asked for a status report on a recent public meeting held to look into the feasibility of a skateboard facility. Andy Takata reported and mentioned more citizen involvement was needed. There was consensus among the Council to seek additional public input, continue pursuing the concept and look into issues relating to insurance. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - February 22, 1994 2. CITY TREASURER'S REPORT - January 1994 3. RESOLUTION NO. 16-94 - Authorizing amendments to City's Procurement and Purchasing Manual CC 03/08/94 Page 3 4. DIRECT THE CITY CLERK TO OPEN RECRUITMENTS TO FILL UPCOMING VACANCIES (3) ON BOARD OF APPEALS MOTION: By Councilman Luna, seconded by Councilman Bewley to approve the Consent Calendar Items #B-1 through #B-4; motion carried unanimously by roll call vote. C. PUBLIC HEARINGS: 1. SANTA ROSA SEWER DISTRICT (Cont'd from 11/9/93) A. Resolution No. 132-93 - Approving the formation of Assessment District No. 7 (Santa Rosa Rd., Cease and Desist Area "F") Henry Engen provided the introduction and noted that the public hearing had been closed on November 9, 1993. Council questions followed. Councilman Luna had questions and comments regarding a proposed 15-year open space agreement proposed for property owned by Art Blankenship on Santa Rosa Road. Henry Engen explained that City Ordinances 181 and 246 specify that the property should be served. Councilman Luna asked if the City Council could defer payment of the assessment on the property as long as it stays undeveloped. Art Montandon advised that the City Council can chose, if it so desires, to reduce the interest or lower the assessment based on the fact that the City gains a benefit of the open space. He also suggested that the City consider reimbursing the wastewater fund for the cost and added that if the property is ever developed, the owner would have to pay all or any remaining assessment and accrued interest. Mr. Montandon indicated that, if so directed, he would incorporate these terms into the open space agreement. Mark Markwort, at the request of Councilwoman Borgeson, provided an overview of the design and capabilities of the Santa Rosa Road sewer pump station. Councilman Bewley inquired whether or not the City has ever agreed to not require an undeveloped parcel to hook-up. Valerie Humphrey indicated that no exclusion like this has ever been allowed. She added that State Law prescribes hook-up if sewer is accessible. The City Attorney noted that the public hearing had been held and explained that the only action of the Council is consideration of the proposed resolution. Mayor Nimmo stated that he had serious reservations about excluding the Blankenship property for a period of fifteen years and suggested that it would make more sense to keep the parcel in open space for perpetuity. Councilman Luna recommended amending page two of the proposed resolution by deleting the following language: "either the open space easement is rescinded (upon request of owner and approval of the City Council) or CC 03/08/94 Page 4 at the end of the 15 year payment period, whichever occurs first". Discussion ensued about the overall cost of the assessment district. Councilwoman Borgeson pointed out that the cost was higher than other districts formed in the past. She proposed that the City pay for the pumping station and thereby reduce the individual assessments by $2-3,000. Mayor Nimmo asserted that this action would be inconsistent with previous actions. Councilwoman Borgeson remarked that a precedent had been set in the Seperado- Cayucos assessment district. Mark Markwort provided background and pointed out that while the pumping station for that district was paid for by the City, it is not actually inside the district. Councilwoman Borgeson commented that, according to staff, the Santa Rosa Road pump station has the capacity to hook up five or six more homes and speculated that future homes could reimburse the City for the cost of the pump station. Art Montandon confirmed that the City Council has the power to reduce the assessment if they chose to and noted that any future development would pay its' share. He noted that the Council would have to make decisions like what fund the money would come from and what interest rate would be charged. Mayor Nimmo proclaimed that he could support the resolution as proposed. MOTION: By Councilman Bewley, seconded by Mayor Nimmo to approve Resolution No. 132-93; motion failed 2:2 (Luna, Borgeson). No action. MOTION: By Councilman Luna, seconded by Mayor Nimmo to approve Resolution No. 132-93 with the deletion of language on page 2, as proposed. Discussion on the motion: Councilwoman Borgeson indicated that she would not support the motion and reiterated her opinion that the City should pick up the cost of the pump station. Councilman Luna presented several cost options and asserted that the City simply cannot afford to pay for the pump station. In addition, he emphasized that the motion on floor would result in the City, rather than the other property owners in the district, paying for the cost for Blankenship lot. Responding to inquiry from Councilman Luna, Mark Markwort reported that the pump station wasn't designed to handle more than 24 homes in the district. He noted that the pump station could conceivably serve approximately seven-teen (17) additional houses, but stressed that the station would overflow at the peak periods. He projected that the station could accommodate five to seven more houses safely but qualified the risks. Councilman Bewley asked if the pump station could be modified; staff indicated it could. CC 03/08/94 Page 5 Councilman Luna asked if any of the existing homes in the district could add a guest house. Henry Engen reported that guest homes presently are allowed anywhere in a residential zone. Councilman Bewley remarked that he did not support the motion. He asserted that it would not be fair to exempt the Blankenship property and pointed out that this has never been done before. Public Comment: Art Blankenship, 8300 Santa Rosa, commented that two-thirds of the lower land is covered with water. He exclaimed that he did not know how to improve the property without great cost and wondered if he could even build a home there with those conditions. He proclaimed that as long as he is alive, there will be no development there. Vote on the Motion: Motion failed 2:2 (Bewley/Borgeson). No action taken. Art Montandon suggested that the City Council authorize staff to enter into negotiations with Mr. Blankenship for an open space agreement that would call for the assessment to become due and payable when and if the property owner decides to develop the property. He added that the City could consider waiving any or all of the interest and noted that the agreement would come back for final approval by the City Council. Councilwoman Borgeson remarked that there is a general benefit to the Lake and asked if there was any support for reducing the overall assessments in the district. Councilman Luna pointed out that the City has already added the five additional lots owned by the City and waived the $850 hook-up fee. MOTION: By Councilwoman Borgeson to consider a further reduction in the assessment fees. Discussion on the motion: Mayor Nimmo indicated that he was not in favor of reducing the assessment any further. Councilman Bewley agreed and added that Blankenship must pay his fair share. Councilwoman Borgeson withdrew her motion. Councilman Luna restated his previous motion, as follows: MOTION: By Councilman Luna, seconded by Mayor Nimmo to approve Resolution No. 132-93 with the deletion of [the following] language on page 2: "either the open space easement is rescinded (upon request of owner and approval of the City Council) or at the end of CC 03/08/94 Page 6 the 15 year payment period, whichever occurs first". Motion passed 3:1 (Bewley). Councilman Bewley voiced concern about future hook-up requirements and urged staff to give plenty of notice to property owners to avoid duplicate hook-up costs. 2. RESOLUTION NO. 04-94 - Approving the adoption of an updated Housing Element of the City's General Plan (City of Atascadero) Staff provided the background and recommendations. Henry Engen pointed out that any new items for consideration would have to go back for Planning Commission review. He suggested that any new matters the City Council may raise could be referred to the Planning Commission for future amendment. Doug Davidson compared the 1985 Housing Element with the Draft Revised Housing Element Update. He summarized the goals of the Housing Element and highlighted changes made at the Planning Commission level. Mr. Davidson clarified the process and explained contingencies regarding release of funds for the Community Development Block Grant (CDBG) for the North County Womens' Shelter. In closing, Mr. Davidson explained that the Housing Element, if adopted, will remain in place until 1999; at which time it will come back for another round of updates. Brief Council comments and questions followed. Public Comments: Eric Greening, 7365 Valle, remarked that he supported recommendations made by the Planning Commission. He suggested that information about how many homeowners in Atascadero have already paid off their homes might help to reduce mandated figures. He also proposed consideration of a policy encouraging use of non-traditional, building materials, (so long as they meet building codes) to create pleasant appearing homes that are less expensive to construct. He urged adoption of the Housing Element with the Planning Commission changes, as proposed. Don Dana, Peoples Self-Help Housing, Inc., thanked staff for cooperation with the CDBG for the Womens' Shelter and also urged adoption. Eileen Allan, Acting Director of the North County Womens' Shelter, encouraged approval of the Housing Element, noting that it is the last hurdle to funding for the Womens' Shelter. ---End of Public Testimony--- MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to find CC 03/08/94 Page 7 the Negative Declaration to be an adequate environmental review under the California Environmental Quality Act; motion passed 4:0. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson adopt Resolution No. 04-94 and amend the General Plan with an updated Chapter VI Housing Element; motion carried 4:0 by roll call vote. The Mayor called a break at 9:05 p.m. The meeting was reconvened at 9:25 p.m. D. REGULAR BUSINESS: 1. MILLHOLLIN PIT - Status Report (Cont'd from 12/14/93) Henry Engen presented background and a status report. The City Attorney noted that he had provided the City Council with legal considerations under separate cover and explained that financial assurances had been met. He reported that he had met with representatives with the County and recommended that the mine continue to be closed until an interim operation agreement has been negotiated. Mr. Montandon added that the public would be notified of the terms of the agreement and be given opportunity for input. He added that the matter would then come back before the City Council for final approval. Mayor Nimmo asked staff to clarify the process. Andy Takata explained that a community meeting is planned; staff will notice the residents and seek public input. This meeting, he noted, is tentatively planned to be held at the Lake Park Pavilion at a date prior to the public hearing scheduled for the latter part of April. Council questions and comments followed regarding violations and enforcement. Art Montandon reported that the reclamation plan for the mine is vague and County ordinances are unclear. He clarified that although the City of Atascadero is the lead agency, ultimate authority is held by the State of California. Councilman Luna shared concern there was no legal permit for the mine prior to County adoption in 1980 and observed that the although the County is allowed to take 7,000 cubic yards per year, it took 30,000 cubic yards in 1993. Councilwoman Borgeson asserted that the County has continued to violate terms of the reclamation plan and it is time for the City to act. She declared that the City needs to send a message to the County that they are in violation and not acting in the best interest of the community. Councilwoman Borgeson asked the City Attorney what kind of enforcement action the City Council can take. Art Montandon re-emphasized his recommendation to continue negotiations with Mr. Millhollin and the County for an interim operating agreement. He noted that he was not advocating any legal action against the mine owner at this time but added that staff can, if so directed, continue to gather CC 03/08/94 Page 8 additional information necessary to pursue any available enforcement action. Councilman Luna suggested that the staff recommendation be amended to include direction to the City Attorney to concurrently prepare for legal action. MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Staff Recommendations #1 and #2, as amended. Discussion on the motion: Councilmembers Borgeson and Luna asked for additional legal clarification. The City Attorney provided an overview of the public hearing procedure for an application for an amended or revised reclamation plan and emphasized that if the mine operator does not comply, certain legal action can be imposed. He also confirmed that knowledge of any violation does not require the City to act within a certain time frame. Councilwoman Borgeson shared concern that the State may assume the City is not taking appropriate action and asked if it [the State] could step in because of the City's failure to do something. Art Montandon indicated that the State does have this kind of authority. Andy Takata, responding to additional inquiry from Councilwoman Borgeson, capsulized County actions with regard to the amount of rock taken from the quarry and noted that excess operations, particularly during the month of December 1993, were executed without taking into account environmental and traffic impacts to the neighborhood. Individual comments followed. Councilmembers Borgeson and Luna voiced disapproval regarding the County's mining activity. They agreed that there should be enforcement action for violations of the reclamation plan. Mayor Nimmo and Councilman Bewley indicated that they were prepared to support the motion as stated. Vote on the Motion: Motion to approve Staff Recommendations #1 and #2, as amended passed 4:0 by roll call vote. Public Comment: Dale Ikeda, legal counsel for Mr. Millhollin, asked the Mayor if public testimony was going to be received. Mayor Nimmo replied that this matter had not been noticed as a public hearing and that no public comments would be taken. The City Manager noted that the matter of the interim operating agreement would be back for City Council consideration on April 26, 1994. CC 03/08/94 Page 9 2. RESOLUTION NO. 15-94 - Awarding three-year Dial-A-Ride contract to Mayflower Contract Services Henry provided the background and staff recommendation to approve. Valerie Humphrey responded to questions from Council regarding the change-over from one company to the other and how it will affect transit employees. She clarified various aspects of the bid request, including cost comparisons and staff's assessment that a full-time manager is necessary. In addition, Ms. Humphrey reported that the new telephone system recently purchased for Dial-A-Ride belongs to the City and will be used by new contractor. Public Comments: Irwin Rosenberg, Executive Vice-President Medi-Ride Inc., clarified his company's proposal and asked the City Council to take his comments into consideration. John Mosten, representing Mayflower Contract Services, guaranteed all current employees will be hired, subject to his firm's company standards, and reported that salaries will be equal to or greater than what is currently being paid. He asked the Council to base their judgment on the bids specifications. Phil MacQuire, Regional Manager DAVE Transportation, outlined the basis for his company's proposal and noted that the City was dealing with a known quality. He indicated that DAVE was willing to extend the present contract as long as necessary to make for a smooth transition. Judy Dire, DAVE employee and resident, asked the City Council to support DAVE Transportation. ---End of Public Testimony--- Councilman Luna indicated that he was impressed with all the firms who responded. Councilwoman Borgeson asked staff to send a letter of recommendation regarding the levels of services provided by DAVE. MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to approve Resolution No. 15-94 to award a three year contract for Dial-A-Ride services to Mayflower Contract Services, Inc. as the lowest responsive bidder; motion carried 4:0 by roll call vote. 3. ORDINANCE NO. 275 - Authorizing Charitable Organizations to Conduct Bingo Games. MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to adopt on second reading Ordinance No. 275; motion carried 4:0 by CC 03/08/94 Page 10 roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk Lee Price announced that the nomination period for the June 7, 1994 Municipal Election had been extended to March 17, 1994. 2. City Manager: Proposed joint meeting with Planning Commission re: Capital Improvement Program - Andy Takata suggested Tuesday, March 15, 1994 at 7:00 p.m. for a joint workshop with the Planning Commission regarding the Capital Improvement Plan. He mentioned that staff was planning to conduct a workshop on recent revisions to the Ralph M. Brown Act, but noted no date was yet set. AT 10:38 P.M., THE CITY COUNCIL ADJOURNED TO MARCH 15TH AT 7:00 P.M. FOR PURPOSES OF MEETING WITH THE PLANNING COMMISSION IN A JOINT WORKSHOP REGARDING THE CITY'S CAPITAL IMPROVEMENT PLAN. MINUTES RECORDED AND PREPARED BY: LEE PRICE, City Clerk