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HomeMy WebLinkAboutMinutes 112691 Approved as Submitted 01/14/92 ATASCADERO CITY COUNCIL NOVEMBER 26, 1991 MINUTES Mayor Shiers called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief COUNCIL COMMENTS: Councilman Dexter stated that the Salvation Army "Christmas Ring" would begin soon and announced that volunteers were needed. Councilwoman Borgeson commented on the following subjects: She acknowledged efforts by Georgia Ramirez, Administrative Secretary, in coordinating the City's volunteer program and mentioned that the City was benefitting greatly from these services. She asked that the Council formally recognize Ms. Ramirez' s achievement by presenting her with a certificate or plaque. Councilwoman Borgeson indicated she had received calls from the public about the Council agenda packet at the public library. She emphasized the importance of timely delivery by City staff. Councilwoman Borgeson also stated that she had received a call from a parent of a member of the Atascadero "Greyhounds" CC11/26/91 Page 1 football team who had asked if the City would be willing to put on a celebration for the squad if they win the C.I.F. Championship. In addition, Councilwoman Borgeson reported that she had talked with a creekside property owner on Santa Ynez Avenue about the cutting down of willows and other plant materials in the creek. She asked staff to look into the matter and respond. COMMUNITY FORUM: Harvey Levenson, 7570 Balboa Road, asked when it would be appropriate to speak on the city-wide smoking issue. The mayor indicated that testimony would be received on this matter under agenda item #D-1. Melissa Meyers, 11-year old resident of Atascadero, presented a petition (on file with the City Clerk) signed by students at the San Gabriel Elementary School concerned about the effects of second-hand smoke and requesting a city-wide smoking ban. Anne Melvin asked the mayor when she could present a petition to the Council. Mayor Shiers indicated that she could elect to submit it under item #D-1 or keep it for continued circulation. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit - Councilwoman Borgeson reported the next meeting would be on December 4, 1991 in San Luis Obispo in the Board of Supervisors' Chambers. 2. Recycling Committee - Mayor Shiers reported that the committee had met and discussed issues of concern including expanding curbside recycling services to the commercial sector: 3. Economic Opportunity Commission - Councilman Dexter reported that the board had met and received a status report on the homeless shelter. He also noted that the EOC had successfully completed an audit and had elected two board members who would represent those with low incomes. 4. City/School Committee - Councilman Dexter reported that the committee had met on November 21, 1991. Bob Carr, representing the Air Pollution Control Board, made a CC11/26/91 Page 2 presentation and the committee discussed issues relating to bussing and the budget. He announced that the next meeting would be on February 20, 1992. 5. Downtown Interim Sign Committee - Councilman Lilley reported that the committee had fulfilled its' responsibilities and requested permission to disband. Gratitude was expressed to Councilman Lilley, the committee members and to Robert Malone, Assistant Planner, for his artistic contributions. It was moved, seconded and carried to disband the Downtown Sign Committee. 6. County Water Advisory Board - Councilwoman Borgeson reported that the next meeting was scheduled for December 41 1991. 7. Economic Round Table - Councilman Lilley reported that members of the committee were finalizing reports at the request of the Council and that those reports would be presented by the first of the new year. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - OCTOBER 22, 1991 2. CONSOLIDATED TREASURER'S REPORT —OCTOBER, 1991 3. TENTATIVE PARCEL MAP 17-89, 7550 CORTEZ ROAD - Request for time extension on subdivision of 6.25 acres into four lots (Barrett) 4. TENTATIVE TRACT MAP 14-87, 9505 EL CAMINO REAL - Request for time extension on subdivision of 5.5 acres into eight lots, of which two will be further subdivided into commercial condomin- ium units (Hendrix/Westland Engineering' 5. DIRECT CITY CLERK TO ADVERTISE BOARD OF APPEALS VACANCIES (2) 6. RESOLUTION NO. 106-91 - AUTHORIZING ACCESS TO SALES AND USE TAR RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 7. RESOLUTION 108-91 - AUTHORIZING THE SUBMITTAL OF A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM (FETSM) GRANT APPLICATION Councilwoman Borgeson asked that item #B-2 be pulled for comments. CC11/26/91 Page 3 MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve the Consent Calendar with the exception of item #B-2; motion carried 5:0 by roll call vote. Re: Item #B-2. CONSOLIDATED TREASURER'S REPORT OCTOBER, 1991 Councilwoman Borgeson asked staff for clarification of revenues from property taxes and from gas tax receipts, noting that revenues were down 21% while expenditures were up 7%. In addition, she pointed out that major capital expenditures were up 54.9% and asked if it was because of construction costs related the Lake Park Pavilion. Mark Joseph, Administrative Services Director, confirmed that the increase in major capital expenditures was indeed due to construction of the Pavilion. He explained that most of the increase in gas tax receipts was due to Proposition 111, a bond issue passed a couple of years ago, and were revenues accrued to date. Mr. Joseph reported that property tax increases resulted from increased assessment of homes. He added that staff had just distributed a financial status report through the end of October, 1991, targeting specifically the General Fund. Councilman Lilley indicated that the decrease in revenues from sales tax and bed tax is an issue that needs to be seriously addressed. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to approve Consent Calendar item #B-2; motion unanimously carried. C. HEARINGS/APPEARANCES: 1. LOCAL UNMET TRANSIT AND BIKEWAY NEEDS HEARING Greg Luke, Public Works Director, introduced Mike Harmon from the San Luis Obispo Area Coordinating Council who provided background for the hearing. Mr. Harmon reported that State law requires the County to hold an unmet transit and bikeway needs hearing and that the county-wide hearing had been set for December 4, 1991 at 1:30 p.m. in the Board of Supervisors' Chambers. He noted that this hearing was to facilitate citizen input on any transit or bicycle facilities deficiencies and that he was prepared to take comments back to the Area Council. Councilman Lilley questioned the need for the hearing indicating that citizens of Atascadero have already voiced concerns relating to "Safe Pathways to School" and bikeway needs. He stated that those comments have already been forwarded to the Area Council by CC11/26/91 Page 4 staff and by the Council representative to SLOACC, Councilwoman Borgeson. Councilwoman Borgeson remarked that she strongly supported the local hearing. Mayor Shiers remarked that he had received two telephone calls regarding the lack of public transportation on weekends and for travel to and from City Council meetings. Public Comment: Eric Greening, 7365 Valle, read a prepared statement (see Exhibit A) and protested the date selected for the county-wide unmet transit needs hearing because it conflicted with the Water Advisory Board meeting also scheduled for December 4th. He pointed out that this would mean that Councilwoman Borgeson and a council representative from another city would have to miss one or the other of two very important meetings. In addition, Mr. Greening provided suggestions for improving services on Route 9. ---End of Public Testimony--- Council questions followed. Councilwoman Borgeson asked the Public Works Director for a status report on the widening of Portola Road. Mr. Luke indicated that the road had been surveyed and explained that once the base maps have been completed, road construction design will begin. He projected that in the Spring, letters would be sent out to residents to inform them of possible improvements to the road. Responding to inquiry from Councilman Nimmo, he reported that staff could clearly identify those parcels on Portola with encroachment rights and where there may be problems with road rights-of-way. Discussion then ensued regarding "Safe Pathways to School" and bikeways, and their related funding sources. Mr. Harmon reported that there are significant funds available for bikeways from the passage of Proposition 116 and noted that SLOACC encourages cities to identify potential projects throughout the County. Councilman Lilley asked whether Prop. 116 funds could be used for pedestrian purposes. Mr. Harmon was not able to answer that question, but promised to get back to staff with a response. Mr. Luke explained that TDA (Transit Development Act) 'Funds were to 1) finance transit needs and 2) if there are monies left over, fund the repaving of City roads. Councilwoman Borgeson stated that the purpose of TDA funds was to get autos off the road to ensure clean air and asserted that the policy of "Safe Paths to School" was a different topic. CC11/26/91 Page 5 D. REGULAR BUSINESS: 1. ORDINANCE NO. 235 - AMENDING4 TITLE 6, CHAPTER 6 OF THE ATAS- CADERO MUNICIPAL CODE REGULATING4 SMOKINGi IN CITY FACILITIES (Recommend motion to waive reading in full and approve on first reading by title only) Ray Windsor, City Manager, introduced the topic and recapped action taken by the Council on October 22, 1991. He indicated that staff had acted upon Council direction and was bringing back for adoption a revised "No Smoking" ordinance relating to City owned and operated facilities. Mr. Windsor also reported that staff had submitted a request for grant funds under the California Smoke-Free Cities Program and results of the award would be divulged in December. Mayor Shiers apologized to the public for confusion about when testimony would be heard on the issue of a city-wide smoking ban. He emphasized that the present ordinance before the Council was regulating smoking in City facilities only and that Council wished to postpone any further action until results of the grant application have been received. He announced that he would open the floor for comments following Council remarks. Council discussion followed regarding proposed language in Section 6-6.01(d) . Councilman Nimmo opposed the wording; Councilwoman Borgeson stated that she believed it was not necessary; Councilman Dexter and Councilman Lilley agreed that the language could be deleted as long as all other verbiage remained; Mayor Shiers indicated that he supported the proposed subsection. Public Comments: Harvey Levenson, 7570 Balboa, read a prepared statement (see Exhibit B) in support of rigid legislation to abolish smoking in Atascadero. Sandy Taborski, co-owner of Atascadero Travel, voiced strong opposition to banning smoking in private businesses. Anne Melvin, 10005 Old Morro Road East, submitted a citizen petition of over 600 names (filed with the City Clerk) in support of a "No Smoking" ordinance in all public buildings. Eric Greening commented that he favored a city-wide smoking ban. He also mentioned that he supported legislature regulating cigarette machines because of their easy access to the community's youth. Janet Stecher, 9090 LaLinia, spoke representing the American Lung CC11/26/91 Page 6 Association. She presented to Council a article entitled, Passive Tobacco Smoke and Protecting the Nonsmoker (copy on file with the City Clerk) and urged Council to adopt a comprehensive ordinance banning smoking in public areas. Nancy Hyman, 10760 Colorado Road, indicated that she was speaking for those with sensitive airways (she has a son who suffers from asthma) and urged the passage of a smoking ban. John Cole, 8710 Sierra Vista Road, shared concern for the health of the people and encouraged the Council to consider a city-wide ordinance regulating smoking. Whitey Thorpe, 8025 Santa Ynez, indicated that although he favored the restrictions proposed for City buildings, he could not support an all-out ban. He pointed out that without the aid of laws, many restaurants were already dealing with the issue on their own. Donna Huff, Atascadero resident, stated that she was a non-smoker who supports the rights of both smokers and non-smokers. She declared that there are no harmful affects of second-hand smoke and objected to regulating smoking in public areas. Tom Bench, 7503 Carmelita Avenue, remarked that while he had no objection to regulating smoking in City facilities, he opposed governing private businesses. He stated that the matter should be brought to the vote of the people in the June 1992 election. Russ Kolmaine, Atascadero resident, observed that there have been no massive violations in local restaurants and stores. He stated that he was against a city-wide ban because it could not be enforced. Marty Kudlac, 4740 Del Rio Road, debated the effects of second-hand smoke and circulated to Council a statement and a number of articles in support (filed with the City Clerk) of his argument. He contended that he was opposed to the City's application for grant funds and a city-wide ban. Micki Korba, City Treasurer, remarked that she had carried a petition and could attest to the fact that there is concern in the community about exposure to second-hand smoke. She proclaimed that non-smokers have the right to breathe clean air. --End of Public Testimony---- Councilwoman Borgeson suggested that proposed language in Section 6-6.01(d) be deleted and in its, place inserted the following: "Whereas the Surgeon General's report on involuntary smoking states that there are proven health hazards from involuntary smoking by CC11/26/91 Page 7 non-smokers. " There was consensus that this amendment was acceptable. MOTION: By Councilman Dexter, seconded by Mayor Shiers to waive the reading of Ordinance No. 235 in full; motion carried unanimously. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to approve Ordinance No. 235 on first reading, as amended; motion carried 5:0 by roll call vote. Council discussion followed regarding the wider issue of a smoking ban. Councilman Dexter indicated that he preferred to gather as much information as possible and wait for the results of the grant application before taking action. He commented that if grant funds are available to the City, he would hope that they could be used for educational programs targeted to the youth. Councilwoman Borgeson reported that if the City were to receive the grant award, the funds would be used to survey the entire community and asserted that it would not be a long, laborious effort. She stated she was prepared to wait for the results and proceed from there, adding she hoped that the matter could be dealt with before the June election. Mayor Shiers commented that he favored the use of grant funds for educational purposes. Councilman Lilley commented that he hoped the community would, in addition to protecting employees and the public, voluntarily refrain from smoking around children. He spoke in favor of providing educational programs without violating individual rights. Councilman Nimmo asked for clarification of how the funds, if received, are to be used. Mark Joseph reported that the program objective was to reduce public smoking and the bulk of the funds would go toward a community assessment of what the public will accept in terms of legislature and for educational materials. Councilwoman Borgeson remarked that the Council would need to look closely at the perimeters of the grant. She added that any survey conducted should be concise and clear cut. Councilman Nimmo voiced objection to the grant application because he believed it would add "fuel to the fire". Mayor Shiers called a break at 9:15 p.m. The meeting reconvened at 9:40 p.m. CC11/26/91 Page 8 2. ORDINANCE NO. 236 - ADDING CHAPTER 8, "WATERWAY INTRUSIONS", TO TITLE 7 OF THE ATASCADERO MUNICIPAL CODE (Prohibiting certain specified uses in creekways) (Recommend motion to waive reading in full and approve on first reading by title only) The City Manager introduced the item and noted a couple of amendments staff was requesting, as follows: (1) In Section 5- 8.02(c) , the addition of the words, "fill material" . (2) In Section 5-8.03(a) , change "recreational" to "private In addition, Mr. Windsor pointed out that staff was in favor of including the Salinas River despite additional enforcement. Councilman Nimmo voiced opposition to language proposed in Section 5-8.03 (c) , (d) & (e) . He stressed that he did not want to restrict the rights of a property owner to build on their own lot. He also stated that he would not want to prohibit creekside development in the downtown. Councilman Lilley shared similar concerns and suggested that subsections 5-8.03 (c) , (d) & (e) be deleted. Henry Engen reported that staff is currently working on other issues relating to the creek which may overlap with what was being proposed in the draft ordinance. He suggested that Council may wish to defer this matter. Councilwoman Borgeson criticized the proposed ordinance and asserted that it does not address the issues Council wanted it to. She added that it was imperative that a definition for "riparian corridor" be agreed upon. Councilman Nimmo indicated that he was having second thoughts about the matter and suggested that addressing the riparian corridor was premature. Councilwoman Borgeson agreed. Public Comments: Sarah Gronstrand, 7620 Del Rio Road, voiced opposition to the draft ordinance. She stated that there was no indication of where the riparian corridor begins or ends. Russ Kolemaine cautioned the Council to take a prudent approach and postpone making a decision on the ordinance. He pondered about seasonal streams and how they would be addressed and asked what would happen to the amount of land one has to use once the riparian zone and setbacks have been established. Whitey Thorpe proclaimed that outlawing animals in and around the waterways will not retain the "rural" atmosphere of the community. He asked the Council to make a decision about whether Atascadero is CC11/26/91 Page 9 to be "rural" or "city". Eric Greening stated that he supported forbidding motorized vehicles and dumping in the creeks and suggested that other proposed prohibitions be delayed for now. Mr. Greening urged that the Council include Pine Mountain as an area in which vehicles are outlawed. ----End of Public Testimony---- Individual Council comments and suggestions followed. Councilman Lilley proposed that a subcommittee be formed to revise the ordinance and offered to serve on it. Councilwoman Borgeson voiced support and also volunteered to be a member on the subcommittee. There was agreement on this approach. The City Manager suggested that the committee be comprised of Councilman Lilley and Councilwoman Borgeson, Greg Luke, Art Montandon, Henry Engen, Kelly Heffernon and himself. A meeting date was set for Monday, December 2, 1991- 3. ORDINANCE NO. 234 - AMENDING THE ZONING ORDINANCE TEXT TO ALLOW AWNINGS AS AN ALTERNATIVE TO CONVENTIONAL SIGNS IN THE DOWNTOWN ZONES (Zone Change 10-91) (Recommend motion to waive reading in full and approve on second reading by title only) Mayor Shiers reported that Ordinance No. 234 was back for second reading. Councilwoman Borgeson indicated that she was opposed to the mandated use of the color green for the awning canopies, but added that with that one exception, she thought the ordinance was excellent. Mayor Shiers pointed out that the downtown merchants had agreed on the color and added that he was in support of adopting the ordinance. There were no additional Council comments or public testimony. MOTION¢ By Councilman Dexter, seconded by Mayor Shiers to approve and adopt Ordinance No. 234 on second reading; motion unanimously passed by roll call vote. 4. LETTER FROM COUNTY ADMINISTRATOR REQUESTING JOINT BOARD OF SUPERVISORS/CITY COUNCILS MEETING The City Manager reported that staff had called several communities in the County to see what reaction they had to the joint meeting and noted that those contacted shared a lukewarm response. MS CC11/26/91 Page 10 commented that he thought it was asking quite a bit to expect every councilmember from every city to meet at the same time. Council- woman Borgeson remarked that the suggested discussion topics were issues already being addressed at Mayors/City Managers meetings and the Area Council. By consensus, Council agreed that the City Manager would draft a letter for the mayor's signature to the County Administrator notifying him that there was little interest in a joint meeting as was being proposed. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Shiers reported that he had attended the most recent Mayors/City Managers meeting at which topics discussed included possible changes in cable television, emergency medical services and regional planning. 2. City Attorney Art Montandon reported that he was back on duty after a brief leave. He indicated that the Assistant City Attorney, Mary Gayle, would continue working on several issues including Colony roads. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to adjourn the meeting; motion carried unanimously. MINUTES RECORDED AND PREPARED BY: n6 It/ L RABOINt Ci7fy Clerk Attat:hmeplts: Exhibit A Greening Exhibit B - Levenson CC11/26/91 Page 11 CC11/26/91 EXHIBIT A Once the runs I have just described surpass capacity, my suggestion would be to add new local runs about 30 minutes later southbound (leave Atascadero City Hall about 7:30) and 30 minutes earlier northbound (Leave San Luis Obispo about 3:25). Most of the students could then use these runs. These could be called extensions of existing needs--fine-tuning of service alrea- dy used and useful, to make it more responsive. The unmet needs on Route 9 fit into three categories: evening service, weekend service, and "reverse commute" service. What I mean by "reverse commute" is a northbound morning run and south- bound evening run that allow people who work north of their homes--San Luis Obispans or Santa Margaritans who work in Atascadero, or Atascaderans who work in Templeton or Paso Robles--to put in a full day before catching the bus home. Anyone who is on the Grade during commute hours can see that the "re- verse" flow is almost as significant as the flow the bus already swims in. Evening service northbound would allow North County residents to linger in San Luis Obispo for meetings, cultural events, night classes, or Farmers' Market without having to drive the grade in the dark, and would extend that access to those who don't drive. If startup funds are limited,perhaps a pilot run could go Thurs- day evenings only,to capture the Farmers' Martket trade and gauge the response to evening service in general. Weekend service could add a branch to the route to bring people from Paso and SLO--and outlying parts of Atascadero--to our Lake and Zoo. All runs northbound and southbound could turn west at Santa Rosa and circle the lake clockwise (to allow right turns at Morro Road), including a stop near the Zoo. They could then return to El Camino via Santa Rosa and resume the regular route. An added bonus of such a configuration is that visitors from SLO who have spent time at the Zoo and Lake (soon to include the Pavilion) could end their Atascadero stay with dinner at El Toro or the Golden China or another of our fine Atascadero restaurants while the bus chugged up to Paso Robles and back for its last southbound run. Or if the last bus was northbound, visitors from places to our north could enjoy this option. Depending on the schedule, this sort of option might also work at lunchtime. One final thought on a more general topic: most weekdays, countywide, hun- dteds of buses are mobilized and penetrate to every comer of the county. They exist for one purpose: taking kids to school. Tenuous school finance put this ser- vice at risk in Atascadero recently, a situation that got me to thinking: is it necessa- ry for every school district to invest funds in maintaining a bus system at the ex- pense of classroom amenities and a healthier staff-to-student ratio? Or could the school diustricts pool their resources with public transit agencies to provide broa- der, more comprehensive service accessible to everyone? I have no knowledge of how such a system would pan out, whether the economics of scale could save both the districts and the public transit agencies money, what would become of the cur- rent stock of school buses (would non-kids condescend to ride them?)--in short, I have far more questions than answers, but they are questions that need to be asked, because they could potentially lead to addressing unmet needs in all age groups of our population! Thank you, M ,11 � i CC11/26/91 r EXHIBIT B POSITION PAPER ON LEGISLATION TO REGULATE SMOKING IN ATASCADERO "The best way to keep people from smoking is to stop them from starting" said San Luis Obispo's Health Director Dr. George Rowland in a November 23-24, 1991 Telegram-Tribune article. I contend that the best way to stop people from starting to smoke is to eliminate the influences that encourage smoking. Some of these influences include the availability of cigarette machines, smoking in public places--whether indoors or outdoors. The City of San Luis Obispo had the right idea in enacting the nation's toughest non-smoking ban. San Luis Obispo is now a model for other cities to follow and is lauded nationally by individuals and health groups concerned with the health and welfare of all citizens but particularly children and young adults who have not yet become addicted to nicotine. Atascadero can receive similar acclaim by approving the regulation of smoking in city facilities, and more importantly by following-up with regulation of smoking indoors and outdoors. The abolishment of smoking on public grounds (outdoors) would have the added result of less litter from cigarette butts. The abolishment of smoking in public places should include City facilities, businesses, restaurants, and places of recreation, and particularly those frequented by children and young adults such as the bowling alley. The bowling alley, which is the hub of activities for many of Atascadero's youth, is probably the city's most polluted indoor public environment resulting from "secondhand" smoke. Claims that smokers will not attend public and recreational facilities that prohibit smoking are unfounded. For example, movie theaters have not allowed smoking for decades and smokers continue to fly even though they may no longer smoke on airlines. These examples are merely a few showing that people learn to cope and that social reforms for the good of the population are rarely as difficult to adapt to as some may initially believe they will be. No smoking legislation is the trend of our times and will continue to be enacted on a more rigid bases in cities across the nation. Such legislation represents progress in social improvements and in enhancing the quality of life for the citizens of our nation. History shows us that progress to improve the public's welfare cannot be stopped in the United States. It can be inhibited or slowed down but eventually It breaks through. No smoking legislation will occur nationwide, throughout the state of California, and in Atascadero. I realize that today's agenda deals exclusively with the issue of smoking in City facilities. However, I urge City Council to enact rigid legislation to abolish smoking in Atascadero. Let it happen now so all facets of our community can begin working as soon as possible to cope with a smoke-free environment. Let Atascadero be on the cutting edge of creating the most healthy environment possible for its citizens. More importantly, let Atascadero show its community and others that it will make every effort possible to create an environment that minimizes inducing children and young adults to smoke. Harvey R. Levenson Citizen of Atascadero November 26, 1991