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HomeMy WebLinkAboutMinutes 081192 Approved as Submitted 9/8/92 ATASCADERO CITY COUNCIL AUGUST 11, 1992 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Wendy Stockton, Assistant City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Geoff English, Recreation Supervisor and Lt. Bill Watton, Police Department PROCLAMATION: The Mayor read the proclamation for "Homeless Animals' Day", August 22, 1992 and presented it to Katy Olsen, President of Action for Animals Rights (AFAR) . COMMUNITY FORUM: There were no public comments. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows) : 1. S.L.O. Council of Governments - Mayor Nimmo reported that at the August 5, 1992 meeting, Councilwoman Borgeson was honored and presented with a resolution of appreciation for six years of service. He extended appreciation to her and noted that as Atascadero's representative, Ms. Borgeson had earned the respect of all her colleagues. In additional action, he noted, COG approved projects for the 1992-93 year, which included a $48,000 grant for CC08/11/92 Page 1 improvements to four Dial-A-Ride vehicles. 2. Solid/Hazardous Waste Task Force - Councilwoman Borgeson announced that the task force had met on August 6, 1992 and received a presentation on the Garbage Franchise Agreement Feasibility Study. She noted that this was an informational item only and no action was taken. She also provided an update on the Hazardous Household Waste Element and mentioned a proposed hazardous household waste recycling event was being planned. 3. Homeless Coalition - Councilwoman Borgeson reported that the coalition would meet August 28, 1992 at the Pavilion. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - JULY 14, 1992 2. RESOLUTION NO. 76-92 - AMENDING EXHIBIT "B" OF THE ANNUAL PO- SITION AUTHORIZATION AND SALARY SCHEDULE RESOLUTION MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to approve Consent Calendar Items #1 and 2; motion carried 5:0 by roll call vote. C. HEARINGS: 1. C.U.P. 92-007, 7025 EL CAMINO REAL - APPEAL OF PLANNING COM- MISSION'S APPROVAL OF WALL SIGNS FOR BLOCKBUSTER VIDEO (Taft) Henry Engen reported that an appeal had been filed by Jerry and Glenda Taft of the Planning Commission's approval of a Conditional Use Permit approving wall signs for a proposed Blockbuster Video store. He noted that the staff recommendation was to deny the appeal and approve the Conditional Use Permit based on the Planning Commission's Findings, subject to Revised Conditions of Approval. Mr. Engen emphasized that the matter before the Council was strictly the applicant's request for additional signage and not the proposed use. Council questions followed. Mr. Engen explained that there is no master lease or CC&R's for the center and remarked that Commission and staff believes the proposed signs to be harmonious with the signs of the other tenants. Public Comments: CC08/11/92 Page 2 Jerry Taft, owner of Video Palace located at 7109 El Camino Real, spoke in support of the appeal and argued that the requested signage was excessive. In addition, he remarked that the yellow and blue colors of the proposed signs were not harmonious with those already in the plaza and suggested that Blockbuster Video be required to conform with other major tenants, whose signs are red and white. Robert Fisher, architect and representing Blockbuster Video, pointed out that the signage requested was well under the total allowed for in the present sign ordinance; even more under what may be allowed for in the proposed revised sign ordinance. He contended that there is no consistency in sign colors throughout the shopping center and debated that the appeal was not an issue of public health or welfare, but rather one of competition. In summary, Mr. Fisher asked the Council to deny the appeal. Eric Greening, 7365 Valle, emphasized that the Williams Bros. Shopping Center is a major commercial node and spoke in favor of mandating a consistent color theme. ---End of Public Testimony--- Council comments followed. Councilwoman Borgeson asserted that she would keep her focus on the signage and color scheme and not be concerned with claims that the appeal was really a matter of competition. Councilman Bewley asked the Community Development Director if there had been complaints about the signage from others, besides the Tafts. Mr. Engen mentioned that petitions had been signed by many, but staff had not received any complaints from other individual store owners in the center. Councilman Bewley indicated that he had no objection to the proposed colors of yellow and blue. Councilman Luna disagreed stating that he would prefer to see some consistency at that major intersection. Councilman Rudlac remarked that he could not support Blockbuster's choice of sign colors and questioned whether, as a major tenant, it should use red and white. Mayor Nimmo stated that he did not find the colors offensive and suggested that Blockbuster, a major chain, would have to adhere to their corporate logo. MOTION: By Councilwoman Borgeson, seconded by Councilman Kudlac to uphold the appeal of Jerry and Glenda Taft of Conditional Use Permit 92-007; motion carried 3:2 (Councilman Bewley and Mayor Nimmo opposed) D. REGULAR BUSINESS: CC08/11/92 Page 3 1. CITY PURCHASING PROCEDURES A. Ordinance No. 253 - Amending Title 2, Chapter 3 of the Atascadero Municipal Code as it relates to the City's purchasing system (Recommend ( 1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) S. Resolution No. 69-92 - Adopting City-wide procurement procedures Mark Joseph provided a brief staff report and mentioned two changes. It was noted that Section 2-3.08(c) of Ordinance No. 253 should be revised, as follows: "Purchasing Officer" shall be replaced with "City Clerk". In addition, Mr. Joseph asked that the effective date of Resolution No. 69-92 be amended to read September 1, 1992. Individual Council concerns were addressed and the following amendments were made to the Procurement and Purchasing Manual: 1. Contracting Procedures - Discussion ensued regarding proposed Section 6.2 specifying that when an EIR is required, the proposal will be reviewed by Council's Finance Committee. Councilman Luna shared concern that there might be controversy regarding possible conflicts of interest relating to a sub- committee of the Council reviewing ETR proposals. Mayor Nimmo, as a member of the Procurement Committee, explained the philosophy behind the recommendation. He clarified that the Finance Committee would not be selecting the contractor, but simply reviewing the proposals. Councilman Luna voiced objection and commented that he would prefer to see procurement deferred to CEQA guidelines. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to delete Section 6.2 and direct staff to incorporate language deferring to CEQA guidelines; motion carried 3:2 (Councilman Bewley and Mayor Nimmo opposed) 2. Petty Cash/Credit Card Procedures - Mayor Nimmo voiced strong objection to the use of credit cards. Councilman Luna indicated that, without evidence of abuse, he was in favor of maintaining credit cards as long as staff committed to tightening guidelines to prevent abuse. Discussion followed regarding the use of gasoline credit cards. By consensus, staff was directed to add language limiting gasoline credit card purchases to petroleum products and minor automotive repairs. CC08/11/92 Page 4 The City Treasurer asked that Section 3.3. relating to petty cash boxes be amended to read that reconciliations will be done on a weekly basis, rather than monthly. Council mutually agreed to accept the Treasurer's recommendation. 3. Employee Recognition Condolences - Following discussion regarding Sections 3.1 & 3.2 relating to employee condolences, Council placed a $35.00 cap on flowers or charitable donations. MOTION: By Councilman Luna, seconded by Councilman Bewley to waive the reading in full of Ordinance No. 253 and read by title only; motion unanimously carried. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to introduce Ordinance No. 253 on first reading; motion carried 5:0 by roll call vote. MOTION: By Councilman Luna, seconded by Councilman Kudlac to adopt Resolution No. 69-92, as amended; motion carried unanimously. 2. RESOLUTION NO. 75-92 - RENEWING THE AGREEMENT BETWEEN THE CITY AND CHAMBER OF COMMERCE FOR COMMUNITY PROMOTION SERVICES Mark Joseph provided the staff report and recommendation to approve. Councilwoman Borgeson asked the Assistant City Attorney to define the intent of Paragraphs #4 & #8 of the agreement and wondered if the statements conflicted with one another. Ms. Stockton reported that there was no conflict and advised that both sections were applicable. She suggested that the following language be added to Paragraph #8: "with the exception of the procedure discussed in Paragraph #411. Councilwoman Borgeson voiced concern that the agreement did not address business retention. Public Comment: Bill Mazzacane, Executive Director of the Chamber of Commerce, spoke in favor of approving the contract. Responding to Councilwoman Borgeson's comments, explained that the main purpose of the Chamber is to provide keen incentives for business retention. ---End of Public Testimony--- NOTION: By Councilman Kudlac, seconded by Councilman Luna to adopt Resolution No. 75-92, as amended. CC08/11/92 Page 5 Discussion on the motion: Councilwoman Borgeson suggested that the following paragraph be added to the Chamber of Commerce contract, as #10: "The Chamber shall survey the business community to identify problems and issues, construct and maintain a data base for tracking businesses needing some form of assistance, and organize responses to the issues to present to the City's attention. " Councilman Rudlac, maker of the motion, did not agree to amend the motion. Councilwoman Borgeson asserted that the contract was not performance-based and indicated that she would not vote for it. Vote on the motion: Motion to approve the Community Promotion Services agreement with the Chamber of Commerce passed 4:1 (Councilwoman Borgeson opposed) . 3. ATASCADERO TENNIS CLUB REQUEST FOR FINANCIAL ASSISTANCE The City Manager reported that the City had received a request for financial assistance for repair of the Atascadero High School tennis courts by way of a letter from Conley Andersen dated July 23, 1992. He noted that the amount requested, originally $1,700, had been reduced to $700. Mr. Windsor pointed out that the request did not come in with other community agency funding requests and that none of the recreation groups were funded this year. Councilman Luna suggested that, in light of the fact that the City does use the tennis courts, there might be another way the City could help upgrade the facility. Public Comments: Stan Sherwin, President, and David Graham, Treasurer of the Atascadero Tennis Club,- spoke in support of the request for funding. Mr. Sherwin noted that the City uses the courts and makes money off of them and urged Council to approve the request. Responding to inquiry from Councilwoman Borgeson, he explained that the School District was participating by contributing $1,000. ---End of Public Testimony--- Geoff English, Recreation Supervisor, reported that the City offers two tennis programs and contracts with instructors to teach the courses. He advised that a percentage of the gross receipts offset the administrative costs of running the program. Councilwoman Borgeson indicated she was inclined to approve the request because the City uses the courts and should, therefore, help maintain them. Councilman Bewley agreed. CC08/11/92 Page 6 Councilman Luna pointed out that other programs were not funded, cuts were made and that he could not in good conscience support the request. Mayor Nimmo concurred. MOTION: By Councilman Luna, seconded by Councilman Kudlac to deny the request; motion carried 3:2 (Councilmembers Borgeson and Bewley opposed) . E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Nimmo formally appointed Councilperson Borgeson to the Solid- Hazardous Waste Task Force. 2. City Treasurer Micki Korba estimated that the City was losing $55-60,000 per year in revenues from bed tax and urged Council to move forward with an increase. The City Manager reported that the matter was subject to due process and assured Council that staff was addressing the situation in a comprehensive fashion. THE MEETING WAS ADJOURNED AT 9:38 P.M. TO A SPECIAL MEETING OF THE CITY COUNCIL FOR THE PURPOSE OF INTERVIEWING APPLICANTS FOR THE PLANNING COMMISSION THURSDAY, AUGUST 20, 1992 AT 4:00 P.M. IN THE CLUB ROOM. MINUTES RXG DED AND PREPARED BY: l t LEE RABOIF7, City Clerk CC08/11/92 Page 7