HomeMy WebLinkAboutMinutes 051292 - DRAFT FORMAT? Agenda Item. S 1
....::.�:.;::.;:;fi:;,.::.:;,.:.;:.::.:.;:;::.:;<: »;::;:<:;:::::::::..:.:.:::..::::<...>,.<...:,.:::..:::.,:.::.::..;•.::<.:...x Meeting Date: 6/9/92
ATASCADERO CITY COUNCIL
MAY 12, 1992
MINUTES
The Mayor 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 Presents Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Art Montandon, City
Attorney; Mark Joseph, Administrative Services
Director; Greg Luke, Public Works Director;
Andy Takata, Director of Community Services;
Mike McCain, Acting Fire Chief; Steve DeCamp,
City Planner; Doug Davidson, Senior Planner
and Lt Bill Watton, Police Department
COUNCIL COMMENTS:
Mayor Shiers announced that the North County Womens' Resource
Center had been awarded a Community Development Block grant funds
in the amount of $30,000. He also noted that the Police Department
had recently been the recipient of the San Luis Obispo County
District Attorney's Office Law Enforcement Award for 1992 based
upon assistance to the North County Womens' Shelter and congratu-
lated Lt Watton on behalf of the Department.
Councilman Lilley mentioned that the Council had received a letter
from Mr. Warren Miller expressing recognition of the difficult
tasks faced by members of the City Council.
Councilwoman Borgeson requested a written response from the City
Attorney about why certain budget materials had been distributed to
Council under confidential cover. Mr. Montandon responded that his
response would be available without delay.
CC05/12/92
Page 1
PROCLAMATIONS:
Mayor Shiers read the following proclamations: "National Flag
Day", June 14, 1992, "Deaf Awareness Month", May 1992 and "National
Public Works Week", May 17-23, 1992.
COMMUNITY FORUM:
David Evans, Regional Director for Local Government and Community
Relations for Western Mobilehome Association, introduced himself
and reported that he works with local government on issues of
concern to mobilehome park residents.
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 that the next meeting
would be on Wednesday, May 20, 1992 beginning at 9:00
a.m. in the Board of Supervisors Chambers in San Luis
Obispo. Discussion, she added, will include a number of
transportation items.
2. Solid/Hazardous Waste Management Committee— Greg Luke
reported that he was preparing a detailed memo to Council
regarding formation of a Joint Powers Agreement with
authority placed under SLOACC.
3. Recycling Committee - Mayor Shiers reported the next
meeting would be Thursday, May 14, 1992.
4. City/School Committee Councilman Dexter reported that
the committee would meet on May 21, 1992.
5. County Water Advisory Board - Councilwoman Borgeson
announced that she had attended the meeting of May 6,
1992 and heard County Engineer, Clint Milne, presentation
on action by the County to reserve non-allocated portions
of the State Water project for future uses.
6. Homeless Coalition - Councilman Dexter reported that the
coalition would meet on Friday, May 15, 1992 in Room 102
of City Hall,
B. CONSENT CALENDAR:
Mayor Shiers read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - APRIL 14, 1992 (Cont'd from 4/28/92)
CC05/12/92
Page 2
2. AWARD OF ROAD IMPROVEMENTS CONTRACT, EL CAMINO REAL (State
Hospital frontage)
MOTION: By Councilman Nimmo, seconded by Councilman Dexter to
approve the Consent Calendar; motion carried by roll call
vote.
C. HEARINGS:
1. NOISE ELEMENT
A. Resolution No. 41-92 - Approving the adoption of an
updated Noise Element to be incorporated as New Chapter
IV of the General Plan (GPA 1C-91; City of Atascadero)
B. Ordinance No. 245 - Deleting Section 9-4.163 of the Zon-
ing Ordinance text and adding a new Noise Ordinance as
Chapter 14 to Title 9 of the Atascadero Municipal Code
(ZC 01-91; City of Atascadero)
(Recommendation to waive reading in full and approve on
first reading, by title only)
Steve Decamp, City Planner, briefly provided the staff report and
recommendation. He noted that Doug Davidson, Senior Planner, had
been responsible for coordinating the effort and was present to
respond to questions.
Councilwoman Borgeson asserted that this item was of technical
nature and suggested that a work/study session would have been
helpful. Councilman Lilley proposed that a practical summary be
written of the Noise Element so the general public could fully
understand it.
Public Comments
Russ Kolemaine, 4580 Potrero Road, spoke in opposition to the
ordinance and proclaimed that staff had failed to provide enough
information about how the ordinance would affect the general
public. He urged Council to direct staff to go back to the drawing
board.
Whitey Thorpe, 8025 Santa Ynez, also opposed the ordinance and
declared it to be un-enforceable. He argued that it would be
costly to send out law enforcement personnel on these matters and
vocalized agreement with the previous speaker that the matter
should be postponed until the public has had an opportunity to
learn more about the document.
Sandy Clarke, 9204 Mountain View, informed the Council that she
represented about forty residents around Atascadero Lake who were
CC05/12/92
Page 3
2. AWARD OF ROAD IMPROVEMENTS CONTRACT, EL CAMINO REAL (State
Hospital frontage)
MOTION: By Councilman Nimmo, seconded by Councilman Dexter to
approve the Consent Calendar; motion carried by roll call
vote.
C. HEARINGS:
1. NOISE ELEMENT
A. Resolution No. 41-92 - Approving the adoption of an
updated Noise Element to be incorporated as New Chapter
IV of the General Plan (GPA 1C-91; City of Atascadero)
B. Ordinance No. 245 - Deleting Section 9-4.163 of the Zon-
ing Ordinance text and adding a new Noise Ordinance as
Chapter 14 to Title 9 of the Atascadero Municipal Code
(ZC 01-91; City of Atascadero)
(Recommendation to waive reading in full and approve on
first reading, by title only)
Steve DeCamp, City Planner, briefly provided the staff report and
recommendation. He noted that Doug Davidson, Senior Planner, had
been responsible for coordinating the effort and was present to
respond to questions.
Councilwoman Borgeson asserted that this item was of technical
nature and suggested that a work/study session would have been
helpful. Councilman Lilley proposed that a practical summary be
written of the Noise Element so the general public could fully
understand it.
Public Comments:
Russ Kolemaine, 4580 Potrero Road, spoke in opposition to the
ordinance and proclaimed that staff had failed to provide enough
information about how the ordinance would affect the general
public. He urged Council to direct staff to go back to the drawing
board.
Whitey Thorpe, 8025 Santa Ynez, also opposed the ordinance and
declared it to be un-enforceable. He argued that it would be
costly to send out law enforcement personnel on these matters and
vocalized agreement with the previous speaker that the matter
should be postponed until the public has had an opportunity to
learn more about the document.
Sandy Clarke, 9204 Mountain view, informed the Council that she
represented about forty residents around Atascadero Lake who were
CC05/12/92
Page 3
in support of the ordinance. She described both the Noise Element
and the Noise Ordinance as well-written and noted that she was glad
to finally see conformance with state mandates. In addition, she
pointed out, for other members of the public, exemptions allowed in
Section 9-14.03 of the proposed ordinance.
---End of Public Testimony----
Staff responded to questions from Councilwoman Borgeson. Doug
Davidson reported that Section 9-14.09 allows three or more
neighbors to petition for noise nuisance abatement and provided
background for this provision. Steve DeCamp reported that law
enforcement would become involved only after a hearing has been
held before the City Council.
The Mayor and Councilmembers Lilley and Dexter offered favorable
comments.
MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson
to approve Resolution No. 41-92 adopting a new Noise
Element to the General Plan; motion unanimously carried
by roll call vote.
MOTION: By Councilman Lilley, seconded by Mayor Shiers to approve
Zone Change 01-91 and waive the reading of Ordinance No.
245 in full; motion unanimously carried.
MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter
to approve Ordinance No. 245 on first reading; motion
passed 5:0 by roll call vote.
2. ORDINANCE NO. 246 — AMENDING TITLE 7 OF THE CITY MUNICIPAL
CODE (SANITATION ORDINANCE)
(Recommendation to waive reading in full and approve on first
reading, by title only)
Greg Luke, Public Works Director, presented the staff report and
recommendation. He pointed out that the primary purpose of the
ordinance was to establish an equitable and enforceable triggering
mechanism for requiring hook-up to the public sewer system.
Responding to brief questions from Council, Mr. Luke reported that
hook-up is mandatory only for those within the Urban Services Line
(USL) . He also clarified that if a septic system fails, a property
owner cannot get a permit for another septic tank.
Public Comments:
Whitey Thorpe spoke in support of the ordinance claiming that it
made sense and urged adoption.
CC05/12/92
Page 4
Carl Rounds, 9550 Marchant Way, shared concern for possible
pollution to the Atascadero Lake from lots in "Cease & Desist"
areas that have not yet hooked up to the sewer and inquired about
the status of compliance with Regional Water Quality Control Board
(RWQCB) mandates. In addition, Mr. Rounds urged the Council to
extend the USL to include lots on Santa Rosa also part of the
"Cease & Desist" area.
----End of Public Testimony----
Councilman Nimmo asked if extending the USL to include lots on
Santa Rosa could be added to the first cycle of General Plan
amendments. The mayor indicated that the matter could be brought
back at a later date.
Greg Luke emphasized that the order of the RWQCB requires that
sewer be made available to all lots in Cease & Desist areas. He
reported that the proposed ordinance provides that sewers be
constructed, costs to the properties in the assessment district
affected will be placed on the tax rolls and hook-up will be
required when septic systems fail,
Councilwoman Borgeson indicated opposition to the procedure
proclaiming that some will never hook-up and yet they will be
paying for the sewer.
Councilman Lilley mentioned that he believed it would simplify the
matter to mandate hook-up and assess properties not only for the
sewer line but for the cost of the hook-up as well. He further
suggested that the property owner could be given a choice of paying
up front or having the cost placed on the tax rolls. By consensus,
Council directed staff to prepare an alternative ordinance
outlining this kind of approach and bring the matter back, at the
next meeting.
3. P.E.R.S. TWO YEARS ADDITIONAL SERVICE CREDIT
A. ORDINANCE NO. 247 - Authorizing an amendment to the
contract between the City of Atascadero and the Board of
Administration of the California Public Employees'
Retirement System
(Recommendation to waive reading in full and approve on
first reading, by title only)
B. RESOLUTION NO. 42-92 - Giving Notice of Intention to
approve an amendment to contract between the Board of
Administration of the Public Employees' Retirement System
and the City of Atascadero
Mark Joseph introduced the matter. Councilman Lilley indicated
CC05/12/92
Page 5
that he wanted to know what, in dollars and cents, the costs
savings would be to the City. In addition, members of Council had
questions regarding specifically how long a position would have to
remain "permanently" unfilled. The City Attorney suggested that
the matter be put over until Thursday, May 14th, following the
Closed Session to give staff ample time to clarify the issues.
MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson
to continue the matter until Thursday, May 14th; motion
unanimously carried.
D. REGULAR BUSINESS:
1. INITIATION OF PROPOSED GENERAL PLAN AMENDMENTS - CYCLE 92-1
Steve DeCamp provided a the staff report outlining three proposed
amendments to the General Plan.
Public Comment:
Tammy Bull, 4500 Del Rio Road, asked Council to consider changing
back the designation of this property from Public to Suburban
Residential. She mentioned that the zoning had been changed as
part of the General Plan Update and that this action was making it
difficult to sell her home.
Mr. Decamp provided an explanation for the land use change noting
that at the time the General Plan Update was underway, the School
District had expressed an interest in purchasing the property and
had only recently been informed by Paul Monn, Atascadero Unified
School District, that they would not pursue acquisition. Staff,
Mr. DeCamp continued, did not object to reverting it back to its'
original designation. Councilwoman Borgeson stated that this would
be highly appropriate. Councilman Lilley agreed and indicated that
he was dissatisfied with the creation of a single-family island
around publicly-owned property.
Peter Bonnisar, 5212 Magdelena, asked why there was a street
running through school property. Mr. DeCamp explained that the
street separated two different schools: San Benito Elementary
School and Oak Hills Continuation High School.
----End of Public Testimony----
Discussion
estimony ---Discussion ensued regarding GPA 93-3 (6010 Del Rio) . Councilman
Nimmo objected to extending the USL for two lots. He stated that
it made little sense, from a planning perspective, to create a node
of commercial development for two lots and recommended that the
application either be denied or the area of study expanded.
Councilman Lilley agreed. Councilwoman Borgeson asserted that she
CC05/12/92
Page 6
could not support the amendment.
Councilman Nimmo asked the City Planner if study of an expanded
area for possible inclusion within the USL and commercial
development would be consistent with the General Plan. Mr. DeCamp
reported that the General Plan calls for a "node" of commercial
zoning at the Del Rio Road intersection but clarified that the
General Plan does not specify the size of the term "node" .
Councilman Nimmo spoke in support of extending the study area and
asserted that it is time to do long-range planning rather than
"piece-meal, one lot at a time" development. Councilwoman Borgeson
pointed out that if sewer becomes available, parcel sizes can be
reduced to one-half acre. Steve DeCamp confirmed that zoning
density is tied to sewer availability and suggested that because
the item did not have a time requirement on it, it might be helpful
to Council for staff to come back at the next meeting with revised
maps showing the proposed additional area for inclusion in the
study.
By consensus, Council approved the initiation of GPA 92-1 and
GPA 92-2. GPA 92-3 was continued and staff directed to bring
back expanded area for study. A fourth amendment was added;
GPA 92-4, a request by Tammy Bull to change 4500 Del Rio Road
from Public (P) to Suburban Residential (RS) .
2. HIGHWAY 41 REALIGNMENT EIR - STAFF COMMENTS ON FINDINGS
The City Manager introduced the matter pointing out that Council
was being asked to approve staff responses to the Draft Environ-
mental Impact Report on the proposed Highway 41 realignment and
emphasized that all comments were due no later than May 22, 1992.
Councilman Nimmo voiced objection to #3, Long Range Design of
Highway 101/41 Intersection because it is a separate project from
the realignment. Councilwoman Borgeson mentioned that she was a
delegate to the San Luis Obispo Area Coordinating Council (SLOACC)
and reported that the intersection had not been funded by Caltrans
or been prioritized by the SLOACC.
Councilman Dexter mentioned that he had circulated to Council a
draft letter to Caltrans indicating his support for Alternate "B" .
Councilwoman Borgeson and Mayor Shiers revealed that they could not
support Alternative A or A-Modified. Councilman Nimmo asserted
that the agenda did not call for comments on the proposed project
and emphasized that the matter before the Council was simply the
responses to the EIR. The City Attorney remarked that Councilman
Nimmo's observation was correct and reminded the Council and public
that the draft responses to the EIR were the only matters on the
agenda.
CCO5/12/92
Page 7
Public Comments:
Howard Gaylord, 8940 Curbaril, indicated that he favored either
Alternate "A" or "A-Modified" .
The City Attorney remarked that Councilman Nimmo's earlier
observation was correct and reminded the Council and public that
the draft staff responses to the EIR were the only matters on the
agenda.
Mayor Shiers and Councilwoman Borgeson mentioned a letter from
Caltrans asking for formal action from the Council regarding a
preferred alternative. Mr. Windsor read a portion of the letter
(dated May 1, 1992 from Marty Nicholson, Chief of Project Studies)
and clarified that Caltrans had not specified a date for formal
response on the project. He emphasized that Caltrans must first
publish and circulate the responses to the Draft EIR.
Peter Boonisar, 5212 Magdelena, suggested that until the
Circulation Element of the General Plan has been finalized, the
Council should reserve a decision on the project. He asserted that
given the fact every studied intersection that Caltrans included in
the EIR is "worse off" with Alternate "A" or "A-Modified" than with
a "no-build it does not make financial sense to do the project.
Whitey Thorpe, 8205 Santa Ynez, suggested that the Council go ahead
and approve the EIR, do the realignment and get traffic out of the
school yards.
Doug Lewis, 5589 Tunitas Avenue, criticized mitigation measures
proposed by Caltrans for Stadium Park. He also commented that if
there are discussions about restoring the underpass on El Camino
Real for vehicular traffic to the "Mall", it should be intermingled
with discussions regarding redesigning the Highway 101/41
intersection.
Russ Kolemaine, Potrero Road resident, indicated that he believed
staff should question, as part of its, comments, what Caltrans
expects to do with the $800,000 savings (over original project
design costs) and find out whether the City can make a legitimate
claim on any part of it to protect the passage way in the canyon
(Stadium Park) .
Mayor Shiers reminded the public to keep comments to the specific
issue at hand.
Doug Lewis spoke again and added that he would like to see included
in the City' s response to the EIR a summary of the recently-held
open and public meeting held about the proposed project.
CCO5/12/92
Page 8
Peter Bonnisar spoke again and addressed the Draft EIR and claimed
Caltrans had not thoroughly evaluated traffic impacts from
Alternate "A" or "A-Modified" on the intersection of Capistrano and
Highway 41. He indicated that he had completed his own wait-time
study and that his figures differed substantially from those
prepared by Caltrans. He urged Council to study the Capistrano
intersection further.
---End of Public Testimony---
Additional Council discussion ensued regarding Item #3. Councilman
Nimmo reiterated that he did not feel the comment should be
included because it has no relation to the Highway 41 realignment.
Councilwoman Borgeson disagreed asserting that the City must
address this item and get some kind of commitment from Caltrans for
improving the Highway 101/41 intersection.
Councilman Dexter suggested that the City' s response to the EIR
should include the fact that there are other concerns in addition
to the four selected issues. He noted that he would be sending to
Caltrans his own personal comments. Councilwoman Borgeson reported
that she would do the same.
MOTION: By Mayor Shiers to approve Items #1 through 4. Motion
died for lack of a second.
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
approve Items #1, 2 and 4; motion carried unanimously by
voice vote.
MOTION: By Borgeson, seconded by Shiers to approve Item #3 and to
add Item #5 concern for traffic problems at the
intersection of Capistrano and 41.
Discussion: Greg Luke pointed out that technically Capistrano
is the existing 41 and asked for clarification of the exact
area. There was consensus that the word "intersection" would
clarify the matter.
Vote on the motion: Motion carried 3:2 (Lilley and Nimmo
in opposition) .
3. FISCAL YEAR 1991-92 BUDGET ADJUSTMENT - FIRE DEPARTMENT
Acting Fire Chief, Mike McCain, provided a brief staff report and
recommendation.
MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to
direct staff to return with the necessary confirming
resolution authorizing additional appropriations; motion
CC05/12/92
Page 9
carried unanimously.
4. ORDINANCE NO. 244 - Amending Map 17 of the official zoning
maps by rezoning certain real properties at 8005 and 8025
Amapoa Ave. from RMF/10 (FH) to RMF/10 (FH) (PD7) (ZC 91016:
Miller/Montanaro)
(Recommendation to waive reading in full and approve on second
reading, by title only)
MOTION: By Councilman Nimmo, seconded by Councilman Lilley to
adopt Ordinance No. 244 on second reading; motion carried
5:0 by roll call vote.
5. IMPLEMENTATION OF MANDATORY WASTE COLLECTION
A. ORDINANCE NO. 243 - Amending Title 6 of the City Munici-
pal Code (Health and Sanitation)
(Recommendation to waive reading in full and approve on
second reading, by title only)
The Mayor introduced the matter and brief Council discussion
followed. Greg Luke, responding to questions from Councilwoman
Borgeson, reported that Wil-Mar Disposal's rate structure would be
before the Council for review in the early Fall of 1992. He noted
it would be appropriate to look at possible exemptions for the
disabled, senior citizens and economically deprived during that
time.
Public Comments:
Doug Lewis, Tunitas Avenue resident, spoke in opposition to
mandatory garbage pick-up and urged Council to postpone it at least
until a policy for exemptions could be adopted.
Chuck Walden, Graves Creek Road resident, also spoke against the
adoption of the ordinance and proclaimed that he was able to
recycle nearly all of his garbage.
---End of Public Testimony---
NOTION: By Councilman Ni.mmo, seconded by City Manager to approve
Ordinance No. 243 on second reading; motion carried 4: 1
with Councilwoman Borgeson voting in opposition.
E. INDIVIDUAL DETERMINATION AND/OR "ACTION:
1. City Attorney
Art Montandon reported that he would have different office hours
during the current week, only.
CC05/12/92
Page 10
MOTION: By Councilman Dexter, seconded by Councilman Lilley to
adjourn the meeting to 4:00 p.m. on Thursday, May 14,
1992 for the purpose of discussions regarding potential
litigation ; labor negotiations and compensation; and
personnel matters; motion carried unanimously.
(Said Closed Session to be held pursuant to Government Code
Sections 54956.9(a) ) , 54957.6) and 54957) .
THE MEETING WAS ADJOURNED AT 9:40 P.M.
MINUTEf RECORDED D PREPARED BY:
LF OIN., Ci y Clerk
CCOS/12/92
Page 11