Loading...
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. CC07/28/92 Page 1 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 CC07/28/92 Page 2 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. CC07/28/92 Page 3 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 CC07/28/92 Page 4 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. CC07/28/92 Page 5 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. CC07/28/92 Page 6 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 CC07/28/92 Page 7 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- CC07/28/92 Page 8 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. CC07/28/92 Page 9 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 CC07/28/92 Page 10