HomeMy WebLinkAboutMinutes 072892 Approved as Submitted 9/8/92
ATASCADERO CITY COUNCIL
JULY 28, 1992
MINUTES
The Mayor called the meeting to order at 7:05 p.m. Councilperson
Bewley led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: 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; Andy Takata, Director of Community
Services; Captain Fred Motlo, Fire Department;
and Lt. Bill Watton, Police Department
COUNCIL COMMENTS:
Presentations to Councilmen George Luna and Marty Kudlac for former
Planning Commissioner services
Mayor Nimmo thanked Councilmembers Luna and Kudlac for their
service on the Planning Commission and presented them both with
plaques.
Presentation to outgoing Parks & Recreation Commissioner, Ken Meyer
The Mayor recognized Ken Meyer for twelve years of service on the
City' s Parks & Recreation Commission. Councilwoman Borgeson
praised Mr. Meyer for his efforts.
COMMUNITY FORUM:
Eric Greening, 7365 Valle, extended appreciation to Councilwoman
Borgeson for her years of dedicated service to the San Luis Obispo
Area Coordinating Council (now SLOCOG) and the San Luis Obispo
Regional Transit Authority. He expressed hope that there would
continue to be representation, by member or alternate, to both
committees.
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A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as
follows) :
1. Traffic Committee - Councilman Bewley reported that the
past meeting's discussions had included complaints
regarding speed limits and the failure to adhere to them.
Recommended action was to set up radar at some problem
areas. In addition, he noted that the committee had
received numerous complaints from Lake Park area
residents regarding the parking situation in and around
the Lake Park Pavilion.
2. County Water Advisory Board — Councilwoman Borgeson
reported that the board had not met but would meet next
in August.
3. Economic Round Table — Mayor Nimmo reported that the
round table had selected new officers and had elected Bob
Lilley, Chairman.
4. Homeless Coalition Andy Takata mentioned that the
coalition would meet Friday, August 28th at City Hall.
B. CONSENT CALENDAR:
Mayor Nimmo read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - JUNE 9, 1992
2. CITY COUNCIL MINUTES - JUNE 23, 1992
3. CITY COUNCIL MINUTES -JULY 6, 1992 (Budget Session)
4. CITY COUNCIL MINUTES- JULY 7, 1992 (Interviews: Parks & Rec-
reation Commission)
5. CONSOLIDATED TREASURER'S REPORT - JUNE, 1992
6. TENTATIVE PARCEL MAP 91-008, 14000 MORRO ROAD Consider re-
quest to divide one 80.92-acre lot into four parcels of 24.35,
11.61, 11.26 and 32. 15 acres (Rockstad/Twin Cities Engineer-
ing
7. TENTATIVE PARCEL MAP 92-005, 10940 PORTAL ROAD/9660 LAUREL
ROAD Lot line adjustment (Phelps/Sowell/Stewart)
8. ACCEPTANCE OF FY 1992/93 BUSINESS IMPROVEMENT ASSOCIATION
BUDGET
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9. RECEIVING THE AUDIT RESULTS OF THE SYCAMORE BRIDGE GRANT
10. RESOLUTION NO. 68-92 - AUTHORIZING AGREEMENT WITH S.L.O. COUN-
TY FOR COLLECTION OF THE CITY'S SPECIAL TAXES AND ASSESSMENTS
11. RESOLUTION NO. 72-92 - AMENDING THE RECYCLING COMMITTEE BY-
LAWS
12. AWARD OF BID NO. 92-07 FOR ACQUISITION OF ROTARY RIDING MOWER
(Community Services Department)
Councilwoman Borgeson pulled Item #B-8.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve the Consent Calendar Items #B-1 through 7 and 9
through 11; motion carried unanimously. (Councilmembers
Luna, Kudlac and Bewley abstained on the Minutes of June
9, 1992; this meeting was before each had been seated on
the Council) .
Re: Item #B-8. ACCEPTANCE OF FY 1992/93 BUSINESS IMPROVEMENT
ASSOCIATION BUDGET
Councilwoman Borgeson shared some concern regarding the BIA's
projected line item expense for bus shuttle service and suggested
that Council may be acting hastily if it approves the BIA budget
before it gives authorization to the concept of a shuttle service
from downtown to the fashion outlet. Mark Joseph reported that the
BIA, by including the proposed $6,000 subsidy for Dial-A-Ride, was
merely making an attempt at allocating their resources. He noted
that the matter would come back for Council approval prior to
implementation of the shuttle service.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Item #B-B; motion carried 5:0 by roll call vote.
C. HEARINGS:
1. TENTATIVE TRACT MAP 02-87, 9385 VISTA BONITA - APPEAL OF SEWER
IMPROVEMENT CONDITION RECONSIDERATION AND TIME EXTENSION
(Metchik/Central Coast Engineering) (Cont'd from 7/14/92)
Mayor Nimmo and Councilman Bewley declared that they both had a
financial conflict of interest relating to this matter and stepped
down from deliberations. Mayor ProTem Kudlac noted that the appeal
of sewer improvement conditions had been withdrawn. The City
Attorney clarified that although the appeal was no longer an issue,
the request for time extension still needed to be addressed. He
added that the matter, if it had not been appealed, would have come
before the Council on the Consent Calendar.
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Henry Engen, Community Development Director, presented the staff
report and recommendation to approve Tentative Tract Map 02-87 and
approval of the time extension based on Revised Conditions of
Approval, as approved by the Planning Commission.
There were no public comments.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
follow the Planning Commission' s recommendation and grant
the applicant's request for time extension; motion
carried 3:0.
Mayor Nimmo and Councilman Bewley returned to their seats.
2. WEED ABATEMENT APPEALS HEARING
A. RESOLUTION NO. 70-92 - CONFIRMING THE COST OF WEED ABATE-
MENT
Captain Motlo introduced this routine matter. There were no
questions or comments from Council or the public.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
approve Resolution No. 70-92 confirming the cost of weed
abatement; motion carried unanimously.
D. REGULAR BUSINESS:
1. PRESENTATION OF TRANSIT DEVELOPMENT PLAN BY BONNIE NELSON
Greg Luke introduced Bonnie Nelson, Nelson-Nygaard Consulting
Associates, who presented the Transit Development Plan for
Atascadero Dial-A-Ride. The in-depth study prepared by the
consultant revealed a number of findings, including that the
majority of present riders are transit dependent, that there is a
high percentage of school-age ridership as compared to others, a
peak occurs at 3:00 p.m. when schools let out, call-ins are not
always accommodated because capacity is being reached by those who
have booked their transportation needs in advance, Dial-A-Ride use
by students at Escuela Del Rio requires specialized service which
limits serving others, and operating hours are too abbreviated for
commuters who use county-wide transit services. Ms. Nelson
outlined a number of recommendations for enhanced services,
including reallocating service hours to provide early morning and
evening times to assist commuter connections, potential expansion
into Templeton and the offering of a six-month trial period of
Saturday service.
Council questions followed. Ms. Nelson expanded further on
extended hours and Saturday service. Councilwoman Borgeson voiced
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support for implementing Saturday service and the expansion to
Templeton.
Responding to inquiry from Councilman Luna, the Public Works
Director reported that he had spoken with the County regarding a
share of cost for Templeton service. He indicated that a contract
was being proposed whereby the County would fund $23 per hour for
the first six months and $33 per hour thereafter.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
receive the report and refer it back for finalization;
motion carried unanimously.
Public Comment:
Eric Greening remarked that he was thankful for the report and in
support of extended hours. Providing a number of suggestions, Mr.
Greening recommended that a bus run until 7:00 p.m. , that the
matter be well-publicized if extended hours are implemented and
that the Dial-A-Ride schedule be printed on the Route 9 brochure.
2. LETTER FROM JEFF MCALISTER REQUESTING RECONSIDERATION OF MAN-
DATORY TRASH PICK-UP (Cont'd from 7/14/92)
Citizen Jeff McAlister urged the Council to take the matter of
mandatory garbage pick-up back to a public hearing and to consider
appointing citizens at-large to the Recycling Committee.
The City Manager pointed out that the Recycling Committee is
composed primarily of members of the general public, two members of
staff and a representative from Wil-Mar. He explained that the
committee is subject to provisions of the Brown Act and it' s
meeting are open to the public. Greg Luke added that minutes are
prepared and are available for review.
Council discussion ensued regarding a number of components of the
solid waste reduction plan. Councilwoman Borgeson questioned the
Public Works Director about _where certain recyclable products
currently being picked up by the waste hauler are being taken.
Mayor Nimmo remarked that he was inclined to direct staff to review
Ordinance No. 243 (implementing mandatory pick-up) and look at
ways to serve the disabled or the "total recycler Councilwoman
Borgeson reported that she had received calls from the public and
noted that she could support certain exemptions. Councilman Bewley
agreed.
Councilman Kudlac asserted that he was in favor of repealing the
whole ordinance but would agree to sending it back to staff to
address possible exceptions.
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Public Comments:
Betty Sanders, attorney representing Wil-Mar Disposal, reported
that participation has been remarkable, with exception. She
reported that Wil-Mar has been subject to abusive letters and
confrontations with employees. Ms. Sanders pointed out that the
new service would take some time for everyone to adjust to and
although progress was being made, there was still much to do. She
emphasized that if the Council wants to establish a policy for
exemptions, the citizens at-large will bear the burden.
Roger Cook, 10600 Colorado Road, reiterated that he was opposed to
mandatory pick-up but in support of a "bag system" whereby one
could pay for what he uses.
David Lowe, 6500 Alcatara, mentioned that while he was in support
of reducing the solid waste stream he did not feel that mandatory
pick-up would promote recycling.
Kathleen Trost, business owner, noted that she objected to
mandatory pick-up for residential customers and expressed hope that
other companies would be given an opportunity to offer garbage
and/or recycling hauling services.
Carl Wilson, Atascadero resident, reported that he lives 500 feet
off a main road and has a bad back. He emphasized that he was in
need of some kind of exemption.
Patricia Graybill, also of Atascadero, agreed with Mr. Lowe that
mandatory pick-up would not meet the goals of AB939. She expressed
concern for the hardship imposed on the elderly and noted that the
number of recyclables collected for and on behalf of Loaves &
Fishes had dropped since implementation of the new curbside
recycling service.
Wil Chapman, Santa Lucia Road resident, urged the repeal of
Ordinance No. 243 and stated that he thought the yellow (recycling)
bin should be used by only those who desire it.
Dennis Bryant, 7410 Sombrilla, also opposed mandatory pick-up. He
indicated that he had found it difficult to get information from
the Recycling Committee. Mr. Bryant implored the Council to
reconsider the matter and send it back for more community input.
---End of Public Testimony--
MOTION: By Councilman Luna, seconded by Mayor Nimmo to support
the General Plan policy on mandatory pick-up and direct
staff to look at hardship cases and make revisions that
will promote recycling.
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Discussion on the motion: Discussion ensued regarding the
scope of "hardship" cases. There was agreement to direct
staff to look at the following categories (as described in the
staff report) : (1) financial hardship, (2) the complete
recycler, (3) low trash generation, (5) alternative trash
disposal method (i.e. pays for commercial dumpster already)
and (6) unable/inconvenient to set out trash.
Councilwoman Borgeson asked that the motion also include
appointing Mr. McAlister to the Recycling Committee.
Motion amended: Councilman Luna agreed to amend his motion,
in three parts: (1) To support the General Plan policy for
mandatory pick-up, (2) . Expand "hardship" as described in the
above discussion, (3) to appoint Jeff McAlister to the
Recycling Committee. Mayor Nimmo withdrew his second.
Councilwoman Borgeson seconded the amended motion. Motion
carried 5:0.
3. SOLID WASTE COLLECTION: CONSIDERATION OF OUTSIDE AUDIT OF WIL-
MAR - REQUEST AUTHORIZATION FOR RFPs
Mark Joseph presented the staff report and emphasized that the
Council was not yet approving- a specific expenditure, but merely
giving authorization to seek proposals.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
direct staff to solicit proposals for an independent
audit of the Wil-Mar Disposal Company; motion carried 5:0
by roll call vote.
4. REQUEST TO INITIATE CONSIDERATION OF ZONING TEXT AMENDMENT RE:.
RS (RESIDENTIAL SUBURBAN) DENSITY STANDARDS (RRM Design Group)
Henry Engen provided the staff recommendation to authorize the
study of an initiation of a zoning text amendment which would
provide an exception to the current method of determining minimum
lot size in the RS (Residential Suburban) zone. He emphasized that
approval of the initiation request would not presuppose approval of
the amendment itself.
Public Comment:
LeeAnne Hagmaier, RRM Design Group, spoke in support of the
recommendation which she believed would ensure evaluations that
will provide public dedication possibilities.
---End of Public Testimony---
Council questions followed. Councilwoman Borgeson asserted that
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the proposed amendment was a radical change and expressed concern
that it, if approved, would open the door to changing residential
density standards. She noted that she thought this matter would
have begun with a public hearing at the Planning Commission level.
Henry Engen clarified that the consideration for initiation would,
in fact, be subject to a full public hearing before the Commission.
Councilman Luna stated that he was not in favor of greater
flexibility for all RS-zoned properties. After asking staff to
confirm the fact that the Zoning Ordinance would not be subject to
an EIR, Councilman Luna added that he had some concerns regarding
changes in performance standards and cumulative effects of such
action.
MOTION: By Councilman Bewley, seconded by Councilman Kudlac to
authorize the initiation of a zoning ordinance amendment
to explore the feasibility of establishing greater
flexibility determining minimum lot size in RS zones
where there are special dedications for public benefit;
motion carried 3:2 with Councilmembers Borgeson and Luna
opposed.
5. PALOMA CREEK PARK ANNEXATION - REQUEST TO SUPPORT PROPOSED
ANNEXATION OF PALOMA CREEK PARK TO THE CITY
Henry Engen provided the staff report and responded to brief
questions.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
authorize the City Manager to sign Union Asphalt' s LAFCO
application as the owner on behalf of the City; motion
carried by unanimous consensus.
6. ORDINANCE NO. 252 - RESTORING THE MEMBERSHIP OF THE PARKS &
RECREATION COMMISSION FROM FIVE (5) TO SEVEN (7)
(Recommend motion to adopt on second reading by title only)
(Cont'd from 7/14/92)
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
waive the reading in full and adopt Ordinance No. 252 on
second reading; motion carried 5:0 by roll call vote.
7. 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 (PERS)
(Recommend motion to adopt on second reading by title only)
(Cont'd from 5/26/92)
The City Manager introduced the matter and noted that a PERS time-
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line requirement dictated when the ordinance would come back for
second reading. He added that it was the recommendation of staff
that this amendment be adopted and on the books should the City
have the opportunity to use it.
MOTION: By Councilman Luna, seconded by Councilman Bewley to
waive the reading in full and adopt Ordinance No. 247 on
second reading; motion carried 5:0 by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Manager
Mr. Windsor mentioned that he would be on vacation August 17 26,
1992.
By consensus, at 9:32 p.m. , the Council adjourned to a Closed
Session for purposes of discussion regarding labor negotiations,
pursuant to Government Code Section 54957.6.
At 9:47 p.m. , Council reconvened in Open Session to address the
following:
1. Resolution No. 73-92 - Approving Modifications and/
or Side Letters to existing Memorandums of Under-
standing (MOUs) with Bargaining Units
2. Resolution No. 71-92 - Adopting FY1992-93 Position
Authorization & Salary Schedule
The City Attorney requested that Council add Resolution No. 74-92
Authorizing the Execution of an Addendum to the Current MOUs with
the Local_SEIU Clerical and General Services Bargaining Units. He
reported that it was essentially the same as what was agendized and
was a necessary addition. By motion, Council unanimously agreed
that an emergency did exist which had come about within the last
twenty-four hours and placed Resolution No. 74-92 on the agenda.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
approve Resolution No. 73-92 authorizing modifications
and side letters to existing MOUs with bargaining units;
motion carried 5:0 by roll call vote.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Resolution No. 74-92 authorizing an addendum to
the current MOU with the Local SEIU bargaining unit;
motion carried 5:0 by roll call vote.
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MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve Resolution No. 71-92 adopting the FY1992-93
Position Authorization and Salary Schedule; motion
carried 5:0 by roll call vote.
BY MUTUAL CONSENT, THE MEETING WAS ADJOURNED AT 9:50 P.M. THE NEXT
REGULAR MEETING OF THE CITY COUNCIL WILL BE TUESDAY, AUGUST 11,
1992 AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
LEE RABOIN, City lerk
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