HomeMy WebLinkAboutMinutes 012892 Approved as Submitted 3/24/92
ATASCADERO CITY COUNCIL
JANUARY 28, 1992
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson
Lilley led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter
and Mayor Shiers
Absent: None
Also Present: Muriel "Micki" Rorba, 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; Greg Luke, Public Works
Director; Mike McCain, Acting Fire Chief; and
Lt. Bill Watton, Police Department
COUNCIL COMMENTS:
Councilman Dexter introduced the latest member of the Atascadero
Police Department - police dog "Rommel" . Special Agent William
Tilley exhibited the four-year old Rottweiler and explained that he
had been donated to the police department by an anonymous donor.
COMMUNITY FORUM:
There were no comments from the public.
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 provided a preview of the next
meeting's agenda.
2. Recycling Committee - Mayor Shiers reported that the
committee had met on January 23, 1992 at which time a
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work schedule was set up and a creek clean-up day
planned. He noted that the committee was preparing a
report to the Council on the accomplishments of the past
year and goals for future.
3. Economic Opportunity Commission - Councilman Dexter
stated that the next meeting would be February 27, 1992.
4. City/School Committee - Councilman Dexter reported that
the committee would meet again on February 20, 1992.
5. Traffic Committee - Councilman Dexter indicated that the
committee had met and discussed a number of traffic
matters, some of which would be before the Council for
action at a later date.
6. County Water Advisory Board - Councilwoman Borgeson
stated that the board had met on January 8, 1992 and
discussed pros and cons of "State Water She reported
that the next meeting would be on February 5, 1992.
7. Colony Roads Committee - The City Manager announced that
he was endeavoring to schedule a meeting for the first or
second week in February.
B. CONSENT CALENDAR:
Mayor Shiers read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - JANUARY 14, 1992
2. CONSOLIDATED TREASURER'S REPORT - DECEMBER, 1991
3. BOARD OF APPEALS VACANCIES - SCHEDULE INTERVIEWS
4. NOTICE OF TRAFFIC COMMITTEE VACANCIES
5. AUTHORIZE RENEWAL OF CONTRACTS FOR HEALTH INSURANCE POLICIES
6. RESOLUTION NO. 08-92 - AUTHORIZING RENEWAL OF COOPERATIVE PER-
SONNEL SERVICES TEST USE AGREEMENT
7 . JUNE 21 1992, MUNICIPAL ELECTION
A. Resolution No. 09-92 - Calling and Giving Notice of
Election
B. Resolution No. 10-92 Requesting Consolidation with
S.L.O. County
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S. RESOLUTION NO. 14-92 - AUTHORIZING THE EXECUTION OF AN AGREE-
MENT WITH CONTRACT SURVEY DESIGN FOR PLANS AND SPECIFICATIONS
FOR RELIEF SEWER
9. AUTHORIZE AGREEMENT WITH COLONIAL LIFE & ACCIDENT INSURANCE
COMPANY AS PLAN ADMINISTRATOR FOR FLEXIBLE BENEFITS FOR POLICE
AND FIRE DEPARTMENT BARGAINING UNITS
Councilman Nimmo pulled item #B-1 from the agenda.
MOTION: By Councilman Lilley, seconded by Councilman Dexter to
approve the Consent Calendar with the exception of Item
#B-1; motion carried 5:0 by roll call vote.
Re: #B-1. CITY COUNCIL MINUTES - JANUARY 14, 1992
Council discussion ensued regarding Page #15 of the Minutes
relating to General Plan amendments. Regarding the 30% slope
policy, Councilman Dexter indicated that the intent of his motion
was to include the word "or not "and in joining the two
exceptions. Councilman Nimmo and Councilman Lilley concurred,
stating that when they voted in favor of the motion, they believed
they were voting in support of the word "or" .
The City Attorney advised that a reconsideration of the motion
would delay the adoption of the General Plan two weeks; but
clarified that because Councilman Dexter' s intent was not reflected
in the recorded motion, the action could be amended by making and
voting on a revised motion.
Mayor Shiers reported that his "yes" vote was predicated on the use
of the word, "and"; and emphasized that he believed that it would
be a significant policy change if the "and" was changed to "or" .
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
replace the word "and" with "or; motion carried 3:2 with
Councilwoman Borgeson and Mayor Shiers voting in
opposition.
The policy will now read: "New lots averaging 30% or more slope
shall not be permitted; provided that exceptions may be permitted
when the following conditions apply: ( 1) Such a lot contains a
"building envelope" with less than 20% average slope which includes
building footprint, access drives, leach field, etc., or (2) The
creation of such a lot offers public dedications or easements which
would have a direct benefit to city residents.
On another matter, the City Attorney reported that zoning on
certain lots on Lakeview Drive had not been addressed at previous
General Plan hearings and proposed that the Council direct the
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matter back to the Planning Commission for a General Plan
Amendment. There was unanimous Council consensus to follow said
recommendation.
Regarding Page #12 of the Minutes, Councilwoman Borgeson mentioned
that she believed there had been some agreement to delete certain
language in P.II-37, Section 9(c) relating to a specific ratio of
police officers per population. Other councilmembers agreed, and
by consensus the following language was deleted from said text, "to
achieve at least a ratio of 1.2 police officers per 1000
population"
MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson
to approve the Minutes of the meeting of January 28,
1992, as amended; motion carried unanimously.
C. HEARINGS/APPEARANCES: (See Item #D-1) .
D. REGULAR BUSINESS:
1. RESOLUTION NO. 07-92 - AUTHORIZING SUBMITTAL OF AN APPLICATION
FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR PLANNING/TECHNICAL
ASSISTANCE TO FIND AND OPTION A SITE FOR THE NORTH COUNTY
WOMEN'S SHELTER
Henry Engen mentioned that this item had been noticed as a public
hearing but placed on the agenda under Regular Business. He then
presented the staff report including background and recommendation
to approve Resolution No. 07-92 authorizing the grant application.
He reported that the City' s financial contribution would be $3,300,
given a successful application.
Public Comments:
Barbara MacGregor, Executive Director of the North County Women' s
Resource Center, provided an overview of the services offered at
the center and outlined reasons for the request for assistance.
She and Pat Wickerstrom, representing People's Self-Help Housing
Corporation, then responded to brief questions from Council.
Larry Etter, Pastor of the Community Church, spoke in favor of the
concept and encouraged the Council to approve the application.
Eric Greening, 7365 Valle, also spoke in support.
---End of Public Testimony---
Individual Council comments were shared in favor of the proposal
and the following motion was made:
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MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
approve Resolution No. 07-92 authorizing submittal of a
CDBG grant application and further authorizing the
expenditure of $3,300 in the event the application is
successful; motion unanimously carried by roll call vote.
2. SLO AREA COORDINATING COUNCIL: PRESENTATION RE: FORMATION OF
A SOLID WASTE JPA AND DESIGNATING THE AREA COUNCIL AS THE MET-
ROPOLITAN PLANNING ORGANIZATION & CONGESTION MANAGEMENT AGENCY
Ron DeCarli and Steve Devencenzi of the San Luis Obispo Area
Coordinating Council (SLOACC) were present and provided reports and
recommendations on the following:
A. Resolution No. 04-92 Supporting Establishment of a
County-wide Recycling and Market Development Zone
Mr. Devencenzi responded to a variety of questions from Council.
Councilman Nimmo expressed opposition to the Solid Waste Task Force
(SWTF) being the operating agency, an option recommended by SLOACC,
and mentioned that he did not approve of non-elected individuals
making decisions for the City. Mr. Devencenzi mentioned that the
by-laws could be amended and Greg Luke added that membership could
be altered to include elected officials.
Councilwoman Borgeson, City Council representative on the SLOACC,
asked how often solid waste issues would be reported on. Mr.
Devencenzi responded that items would come before them on a
quarterly basis; while the SWTF would look at them monthly.
Councilman Lilley indicated that he did not see the need to create
a bureaucracy and stated that local entities are already responding
to meet State mandates.
Mayor Shiers cautioned that the City must be kept informed each
step of the way and shared concern for the potential creation of
natural monopolies. Mr. Devencenzi remarked that each city's
garbage collector/recycler could remain under Council direction, if
so desired.
B. Resolution No. 05-92 - Supporting Designation of the Area
Council as the Metropolitan Planning Organization for
S.L.O. County
C. Resolution No. 06-92 Supporting Designation of the Area
Council as the Congestion Management Agency for
County
Mr. DeCarli reported that the technical committee and SLOACC were
unanimously in support of the recommendation to designate the Area
Council as the Congestion Management Agency for the region.
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Public Comments:
Eric Greening, 7365 Valle, asked Ron DeCarli where, if SLOACC is
designated as recommended, public input on these matters will be
taken. Mr. DeCarli predicted that there would be public meetings
and workshops before SLOACC and recommended that the same continue
in each jurisdiction.
---End of Public Testimony---
MOTION: By Councilwoman Borgeson, seconded Mayor Shiers to
approve Resolution No. 06-92 supporting the designation
of the SLOACC as the Congestion Management Agency for San
Luis Obispo County; motion carried unanimously.
MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson
to adopt Resolution No. 05-92 supporting the designation
of SLOACC as the Metropolitan Planning Organization for
San Luis Obispo County; motion carried unanimously.
MOTION: By Mayor Shiers, seconded by Councilwoman Borgeson to
approve Resolution No. 04-92 supporting the establishment
of a Countywide Recycling and Market Development Zone;
motion carried 3:2 with Councilmembers Lilley and Nimmo
voting in opposition.
The City Manager interjected that city managers in the County were
unanimous in supporting the recommendation for a Joint Powers
Agreement for solid waste management.
Mayor Shiers called a break at 8:42 p.m. At 8:59 p.m. the meeting
was reconvened.
3. HOMELESS SHELTER TASK FORCE — COMMITTEE RECOMMENDATION
Councilwoman Borgeson, Task Force member, reported that she
believed it would be appropriate to use the National Guard Armory
as a homeless shelter and recommended that it be opened up per the
Governor's directive.
Councilman Dexter, also a Task Force Member, disagreed. He stated
that the Armory was not appropriate for families and, now, because
of the timing, it would be impractical to pursue. He recognized,
however, that there was still an issue to deal with and recommended
that the task force be expanded to include citizen members with a
view to making recommendations for a comprehensive approach to the
problem,
Councilman Nimmo asserted that he would not vote in support of
opening the Armory without additional information.
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Public Comments:
Russ Kolemaine, 4580 Potrero Road, that he was horrified by the
negative media coverage and indicated that he was supportive of
Councilman Dexter' s recommendation. He stated that the Council had
not been given all the facts and suggested that the City look into
the situation further.
Mike Keller, resident nearby the Armory, voiced opposition to the
site being used for the homeless and suggested that Camp Roberts or
Camp San Luis Obispo be used instead.
Doug Lewis, Tunitas Avenue resident, shared his concern that the
Armory was located so close to schools.
Sean Johnson, 5065 El Camino Real, spoke in favor of using the
Armory and encouraged the Council to allow it to be opened up.
Eric Greening advocated problem solving discussions, rather than
the laying of blame.
Larry Etter, local pastor, emphasized that two weeks had passed and
nothing had happened. He proclaimed that the City has a
responsibility on the issue and urged the Council to respond to the
recommendations of the committee in a positive manner.
Lee Perkins, resident and parent of school-aged childred, spoke in
support of opening up the Armory.
Brad Goans, San Luis Obispo resident, urged the Council to
appropriate funds and ask the County and the City of Paso Robles to
match those funds in an effort to open up the Armory. He also
supported the recommendation made by Councilman Dexter to work for
a long-term solution.
---End of Public Testimony---
Brief Council discussion ensued regarding security at the Armory if
and when it was opened up for the homeless. Gwen Guyre, Homeless
Shelter Supervisor, responded to questions and assured the Council
that the County would make arrangements for security and janitorial
services. She indicated, however, that the County had not been
willing to discuss all the details of opening up the Armory until
Atascadero agrees to it and pointed out the program would be ending
on February 15th. She emphasized that it may now be more prudent
to work on the long-term issue.
MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers that
the City of Atascadero recommends to the County that the
Armory located in the City of Atascadero be opened as the
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Governor has requested.
Discussion of the motion: Councilman Nimmo indicated that he
would vote in favor of the motion but revealed that he would
be watching EOC and the County very closely to see if they
meet their responsibilities.
Vote on the motion: Motion carried 5:0.
MOTION: By Councilman Dexter to compose a task force or committee
to look at regional contacts and develop a long range
solution for the homeless issue.
Motion amended: Councilman Lilley suggested that the
committee be a standing committee of the City Council to
report on the situation. Councilman Dexter amended his motion
to reflect this recommendation.
Discussion: Mayor Shiers reported that the issue has also
been raised at the Mayors/City Managers group and that the
subject was an agenda topic for discussion at a joint meeting
of the Board of Supervisors and City Councils slated for
February 1, 1992 in San Luis Obispo. In addition, he
indicated that he had received calls from three citizens who
were willing to be involved.
Second and vote on the motion: Councilman Lilley
seconded the motion as amended; motion passed
unanimously.
4. SOLID WASTE MANAGEMENT
A. Letter From Wil-Mar Disposal regarding interim changes to
recycling program for multi-family and commercial units
Greg Luke reported that Wil-Mar had requested that the City
establish an interim program and corresponding fee which would
allow people who are not now covered by the recycling program to
receive voluntarily the pick-up service. He indicated that there
was more work to be done in setting up a program for both multi-
family and commercial recycling, and projected it would take the
balance of the year to establish a fixed program.
There were no comments from the public.
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
adopt changes to the recycling program for multi-family
and commercial units; motion passed.
B. Procedures for considering mandatory pick-up implementa
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tion
The Public Works Director reported that one year ago Council had
approved an integrated waste management strategy program. Manda-
tory waste collection, he continued, was the only component that
has not yet been implemented and he projected that it would be
approximately one year before mandatory collection for single-
family, multi-family and commercial units could be implemented.
Mr. Luke suggested that Council set a public hearing date and give
staff further direction.
Council discussion ensued regarding the current waste pick-up
program and associated costs. Councilman Lilley shared concerns
about how mandatory pick-up may create inequities in the rate
structure, particularly with regard to commercial and residential
rates. Councilwoman Borgeson inquired as to whether individual
rates would decrease if mandatory collection was put in place.
Mayor Shiers commented that the Council will want to see fair
economies of scale for all customers. There was consensus to
discuss fees at the same time a public hearing is held on the
mandatory issue.
Public Comment:
Doug Lewis mentioned that it seemed like the community was finding
more ways for getting less.
---End of Public Testimony---
Council, by consensus, directed staff to proceed with details,
including billing, and bring the matter back to Council at a future
date.
5. PURCHASING PROCEDURES - COUNCIL MEMBER(S) APPOINTMENT
Mayor Shiers appointed Councilmembers Borgeson and Nimmo to work
with staff on reviewing and revising its procurement process.
6. PAVILION CHANGE ORDERS
Greg Luke provided an overview of the change orders and responded
to questions from Council.
Councilwoman Borgeson asserted that she would not approve the
change orders without putting on record her concerns that the
architect has some responsibility for the overruns. The City
Attorney reported that he was in the process of reviewing the
agreement with architect and, when completed, would be reporting
back to Council.
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Mayor Shiers asked for clarification from the Public Works Director
about the recommended action. Mr. Luke asked Council to approve
the change orders as presented, noting the costs the contractor has
already incurred.
City Treasurer, Micki Korba, reported that as the Trustee for the
construction funds she, too, was concerned about overruns.
MOTION: By Councilman Dexter, seconded by Councilman Nimmo to
approve the construction change order documents.
Discussion on the motion: Mayor Shiers also voiced similar
distress about additional construction costs. Councilwoman
Borgeson asked the Public Works Director if any of the
overruns were due to the contractor or his subs. Mr. Luke
confirmed that they were not. In addition, she pointed out
that certain windows shown in the architectural drawings were
not, in fact, installed and asked for answers to this and
other deviations from the plans.
Vote on the motion: Motion to approve the change orders
passed 5:0 by roll call vote.
7. SMOKE-FREE MEASURES - DISCUSSION OF POSSIBLE ALTERNATIVES
Mayor Shiers informed the public that the Council was not
considering a "no-smoking ordinance" and assured those present that
there was no ordinance before the Council. He added that there
would be a full, public hearing if and when any proposed regulation
is drafted.
Public Comments:
Bill Mazzacane, Executive Director of the Atascadero Chamber of
Commerce, spoke in opposition to the Council asking staff to draft
an ordinance. He added that business owners are aware of the
situation and asked that the decision be left to the market place.
Eric Greening spoke in support of a citywide ban and asked the
Council to enact a comprehensive strategy to protect the air
quality, including banning cigarette machines.
Russ Kolemaine voiced disagreement with the need to regulate
smoking, especially in areas of private business.
Jim Edwards, local business owner speaking on behalf of two other
business persons, asserted that the issue will resolve -itself
without the mandate of local government.
Sandy Taborski, Atascadero Travel, stated that San Luis Obispo
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businesses have lost revenue since its, city-wide ban and
proclaimed that it is the business owner's right to make a decision
of this nature.
Hugh Sladen, Cuesta College student, said that they were too many
restrictions on small businesses already.
MOTION: By Mayor Shiers, seconded by Councilwoman Borgeson to
extend the meeting past 11:00 p.m. ; motion unanimously
carried.
(Public testimony regarding "no-smoking", continued. )
Norris Thompson, Players' Pizza, remarked that the Council had no
right to mandate businesses to regulate smoking.
Gaylen Little, Creekside Lanes, urged the Council to let the
business owners make their own choice in the matter.
Anne Melvin reminded the Council that in November two citizen
petitions had been presented in support of a smoking ban. She
asked the Council to consider the fact that the public wants a ban.
Gene Crawford, Atascadero resident, opposed smoking regulations.
Larry Easterday, local business owner, also protested a ban on
smoking.
Terry Lathrop, Terry's Bar & Grill, asserted that citizens do not
have to go to businesses that permit smoking if they don't want to
be subjected to it.
-End of Public Testimony--
Council discussion ensued regarding options proposed by staff.
Councilwoman Borgeson indicated that she could support proposed
Options #3 & 4 (adopt a prohibition less stringent than San Luis
Obispo's and adopt a policy to encouraged reduced public smoking
based on voluntary compliance) . She added that to take no action
would be irresponsible.
Councilman Nimmo asked how Option #4 would be implemented. The
City Manager advised that there was not yet a specific program
formulated, but noted that it had come to his attention that
several restaurants in town have voluntarily discontinued smoking.
He suggested that this along with providing available information
regarding the effects of second-hand smoke could be incorporated.
Councilman Nimmo said he had no quarrel with the option as long as
there was a practical way to implement it. He stressed that he did
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not, however, support Options #1, 2 & 3 because of the fact that
local businesses are struggling already and was opposed to adding
another level of regulation.
Councilman Dexter indicated that he also favored Options #3 & 4 and
would support an ordinance addressing both. He emphasized the need
to encourage the young to refrain from smoking and that the
educational process is important.
Mayor Shiers stated that the matter was a public health issue and
warranted looking at some prohibitions. He noted agreement with
proposed Options #3 &4.
Councilman Lilley remarked that he supported Option #4.
MOTION: By Councilwoman Borgeson to direct staff to bring back an
ordinance that combines the features of Options #3 & 4
with particular emphasis on the phasing out of smoking in
restaurants.
Amendment and second to the motion: Councilman Dexter asked
the maker to include a restriction as to the areas where
cigarette vending machines are allowed and stressed that they
should not be permitted in areas where children frequent. He
commended the owner of Creekside Lanes for not allowing
cigarette machines on the premises. Councilwoman Borgeson
amended the motion to include in an ordinance a restriction
regarding the placement of cigarette vending machines.
Councilman Dexter seconded the motion.
Discussion of the motion: Councilman Nimmo referred to
language in Option #3 relating to "phasing out" and asked what
exactly the Council was voting for. Councilwoman Borgeson
explained that her intent was to provide a time period to
reduce smoking by a certain percentage and voiced hope that
the staff would bring back options for Council consideration.
The City Manager indicated that the matter would more than
likely take several drafts and eventually there would be a
document and opportunity to take public testimony. He also
reminded the Council that although the School District had
already voted to adopt a program regarding smoking on school
grounds, it would not begin until the new school year.
Vote on the motion: Motion to direct staff to draft an
ordinance regarding smoking passed 3:2 with Council-
members Lilley and Nimmo voting in opposition.
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8. LETTER FROM SLOACC RE: FISCAL YEAR 1992-93 LEGISLATIVE PROGRAM
Mr. Windsor introduced the item and asked Council for direction.
By consensus, Council agreed to support the San Luis Obispo Area
Coordinating Council's 1992 Legislative Program.
E. INDIVIDUAL DETERMINATION ANDIOR ACTION:
No additional reports or comments were made.
AT 11:30 P.M. , THE CITY COUNCIL ADJOURNED TO A CLOSED SESSION FOR
THE PURPOSE OF DISCUSSIONS REGARDING PERSONNEL MATTERS. SAID
MATTER HELD PURSUANT TO GOVERNMENT CODE SECTION 54957.
MINUTES RECORDED AND PREPARED BY:
LEE RABOINI City Clerk
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