Loading...
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