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HomeMy WebLinkAboutMinutes 101392 Approved as Submitted 11/10/92 ATASCADERO CITY COUNCIL OCTOBER 13, 1992 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Luna and Mayor Nimmo Absent: Councilmembers Bewley and Kudlac Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Andy Takata, Assistant City Manager/Director of Community Services; Henry Engen, Community Development Director; Wendy Stockton, Assistant City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Mike McCain, Fire Chief and Lt. Bill Watton, Police Department COUNCIL COMMENTS: Mayor Nimmo criticized Councilwoman Borgeson for her comments made during the October 7, 1992 Council of Governments meeting in San Luis Obispo regarding the proposed Highway 41 extension, and in particular, the approval of the Alternative "A" realignment. He declared that her public remarks relating to her perception of the new Council majority inexperience on the subject, and the resulting decision on the route, had been unwarranted and insulting. Councilwoman Borgeson proclaimed that she had appeared before the Council of Governments as a former representative and as a member of the public. She charged that she had not attacked the competence of any member of theCounciland contended that her concern was that a decision on the preferred route was not made during a noticed public hearing. COMMUNITY FORUM: Marj Mackey, 5504-A Tunitas Avenue, invited all to the demonstration garden the Lake Park Pavilion and explained that it had been planted by a group of citizens including local scouts, members of the Native Tree Association and Recycling Committee and CC10/13/92 Page 1 others. In addition, she asked Council to consider retaining health insurance coverage for those employees who were recently laid off. Eric Greening, 7365 Valle, read a prepared statement (see Exhibit A" ) asking the Council to give consideration to Councilwoman Borgeson's proposal for closing City Hall one day per week and provided other cost savings suggestions. Doug Byles, 7777 San Gregorio Road, asked for a refund of permit reinstatement fees. Henry Engen indicated that he would provide Council with a status report on this request. Bob Fielding, 7500 Santa Cruz Road, shared concern regarding the Budget Reduction Plan and asked the Council to continue the matter to allow input from employees and the public. Terry Graham, 6205 Conjeo Road, stated that the newly-revised General Plan supports the State Water Project and accused the Council of being secretive because the City had not held a public hearing on that issue before it was adopted. In addition, he voiced opposition to any proposed taxation on utilities. 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 COG had reaffirmed the funding schedule for Proposition 160; which includes two bikeway projects for Atascadero. 2. S.L.O. Regional Transit Authority - The mayor mentioned that final arrangements had been concluded in hiring a full-time manager for SLORTA. 3. Solid/Hazardous Waste Task Force - Councilwoman Borgeson reported that the October meeting had been canceled. 4. County Water Advisory Board — Councilwoman Borgeson indicated that the Board had meet and received a favorable presentation by Boyle Engineering on the reliability of the Nacimiento Water Project. No formal action was taken, she added. 5. Economic Round Table - Henry Engen announced that the next meeting would be October 21, 1992. 6. Colony Roads Committee - Councilman Luna reported that the committee had met on the fifth of October and had accepted an offer from Wells Fargo Bank. He explained that pleadings would be available the following week and anticipated that a court date would be set soon. CC10/13/92 Page 2 7. Liability Claims Review & Finance Committee - Mayor Nimmo stated that the Finance Committee had met and discussed the concept of short-term financing and reducing bi- monthly check runs to once monthly. 8. Homeless Coalition - Councilwoman Borgeson explained that while the coalition has not dissolved, it has turned a bulk of authority over to Loaves & Fishes and to local churches. B. CONSENT CALENDAR: Mayor Nimmo read the Consent Calendar, as follows: 1. - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 2. RESOLUTION NO. 98-92 - GRANTING AN EASEMENT TO SOUTHERN CALI- FORNIA GAS COMPANY NEAR SANTA CRUZ RD. AND HWY. 101 3. RESOLUTION NO. 95-92 - AUTHORIZING THE FILING OF ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT 4. ACCEPTANCE OF FINAL TRACT MAP 30-90, 5160/5180 PALMA AVENUE - Subdivision of two Colony lots into six lots ranging in size from 5, 194 sq. ft. to 6,958 sq. ft. (Hazard/Tartaglia-Hughes) S. CHANGE OF A PRIVATE ROAD NAME FROM TIRO LANE TO LENOSA LANE FOR THE CUL-DE-SAC SERVING TRACT NO. 1893 LOCATED OFF OF SANTA CRUZ RD. JUST NORTH OF SAN GREGORIO RD. 6. RESOLUTION NO. 96-92 - REVISING THE CITY'S SALARY/CLASSIFICA- TION SCHEDULE FOR FISCAL YEAR 1992/93 7. RESOLUTION NO. 97-92 - AMENDING THE CITY'S CONFLICT OF INTER- EST CODE 8. AWARD OF BID NO. 92-10 FOR PAVEMENT STRIPING OF VARIOUS CITY STREETS 9. PROPOSED REDUCTION OF PUBLIC EMPLOYEES' RETIREMENT SYSTEM RATES FOR PUBLIC SAFETY EMPLOYEES 10. ADOPTION OF CENTRAL BILLING & COLLECTIONS PROCEDURES Per staff's request, Council continued Item #B-3. Bob Fielding asked that Item #B-6 be pulled for further discussion. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approved Consent Calendar Items #B-1, _2, 41 5, 7, 81 9 & 10; motion carried 3:0. CC10/13/92 Page 3 Re Item 8-6: RESOLUTION NO. 96-92 - REVISING THE CITY'S SALARY/CLASSIFICATION SCHEDULE FOR FISCAL YEAR 1992/93 Bob Fielding asked the Council to continue this matter and allow employee and public input. He stated that the perception was that there had been selective targeting, particularly in the Building Department. Will Hirst, Service Employees International Union representative, indicated that he would have liked to know beforehand what specific layoffs were being proposed and asked that the union be given a chance for additional input. He explained that SEIU had already voluntarily given up their cost-of-living increase and asked what had been done about other cost-saving ideas submitted by the employees. In addition, he requested that the bargaining unit be allowed to participate if the Council foresees making further cuts. Assistant City Manager Andy Takata, reported that all unions had been given ample opportunity to submit recommendations before the current year's budget had been adopted. He noted that many revenue enhancement ideas proposed by employees had already been implemented. He added that the bargaining units were given an additional opportunity to provide input after the State adopted its ' budget and the City realized the negative impact of their actions. Mr. Takata stated that no unit came forward with any further proposals at that time. Eric Greening questioned whether there had been any violations of the Brown Act because documents outlining the Budget Reduction Plan had not been released in advance of the special Council meeting held on October 8, 1992. The mayor provided assurance that there had been no violations and that the Council sub-committee had been in constant consultation with the City Attorney. Councilwoman Borgeson indicated she would not vote in favor of the resolution and suggested that the matter be put over for one week to allow more input. Mayor Nimmo, with consensus from the Council, agreed to continue the matter until the next regular meeting and asked that SEIU and other unions come forward in the interim with some practical and constructive proposals. C. PUBLIC HEARINGS. There were no matters calendared for public hearing. D. REGULAR BUSINESS: 1. AMAPOA-TECORIDA DRAINAGE PROJECT STATUS REPORT Greg Luke introduced John Neil of North Coast Engineering who provided a status report on flooding problems in the Amapoa- CC10/13/92 Page 4 Teaorida area. He responded to questions from the Council and emphasized that the area required a complicated engineering solution because of its' flat topography and downstream conditions. Mr. Luke added that there has never been a systematic plan developed for the area and outlined three specific recommendations: 1) upsize present downstream culverts, 2) request Caltrans to repair the existing diversion box and 3) give direction to prepare a conceptional plan. By consensus, Council approved the three-part staff recommendation as described above. 2. PAVILION AND OTHER CITY FACILITIES USAGE FEE RECONSIDERATION This matter was continued at Mr. Takata's request. 3. REQUESTS FOR FEE REFUND OR MODIFICATION A. Development Impact Fees - 9405 Jaquima (Lund) Henry Engen provided the staff report and recommendation to deny the request for a refund. Public Comment: Valerie Lund, 9560 Jaquima, spoke in support of her request for a partial refund of the fees paid. ---End of Public Testimony--- Councilwoman Borgeson indicated that she would be inclined to honor the request given the short time frame between the Lund's two applications for a permit and because the basic footprint of the home had not changed. Mayor Nimmo suggested a compromise of splitting the difference between the fees for the first and second permit. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to reduce the development impact fee of $7,552.53 by $1,611.60; motion carried. 3:0. B. Sewer Charges - California Manor, 10165 E1 Camino Real (Young) Henry Engen recommended denial of the appeal by Judy Young of sewer fees for California Manor and suggested that staff be directed to review and revise, if appropriate, a new service charge for senior citizen/single room occupancy residential projects. By mutual consent, Council approved the staff recommendations. CC10/13/92 Page 5 4. RESOLUTION NO. 94-92 - RESCINDING RESOLUTION NO. 110-88 AND AUTHORIZING THE COOPERATIVE CLOSURE OF PORTIONS OF EAST MALL AND PALMA ON WEDNESDAYS, BETWEEN THE HOURS OF 2:30 AND 7:30 P.M. , FOR THE NORTH COUNTY FARMERS' MARKET Henry Engen introduced the matter and provided background. He indicated that both the B.I.A. Board and North County Farmers' Market Association concurred with the terms of the resolution and recommended approval. Brief discussion followed regarding anticipated traffic congestion during the afternoon when school lets out. Greg Luke indicated that East Mall would be reduced to a one-lane street during operative hours and would be closed to through traffic but not to local traffic. Public Comments: Dennis Bryant, B.I.A. Member, asked the Council to approve a temporary permit and requested that adoption of the resolution be continued to allow more time for B.I.A. members to provide input. He indicated he shared, along with others, a concern about the sale of crafts, dried flowers and jewelry at Farmers' Market. Mr. Engen suggested that the resolution be adopted as drafted and brought back for review at a later date. Eric Greening pointed out that it would be necessary to ensure adequate room on East Mall to accommodate passage of the Route 9 commuter bus. Rush Kolemaine, Box 1919, shared concern for damage to the lawn in Sunken Gardens during the rainy season and suggested that language be added to the resolution to encourage protection. Mr. Engen reported that this matter had been considered and exhibitors planned to move their displays onto Palma Avenue during wet days. The Fire Chief indicated that he approved of the location and was confident emergency equipment would have easy access. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve Resolution 94-92 for one month, at which time staff will bring it back for review; motion carried 3:0. 5. FIRE DEPARTMENT MATTERS: A. Resolution No. 101-92 - Authorizing the execution of an agreement with the State Office of Emergency Services for temporary transfer of vehicular equipment Mike McCain presented the staff report and recommendation to approve. Responding to brief questions, he explained that the State would pay for the maintenance of the fire truck and clarified CC10/13/92 Page 6 that it would require no additional personnel. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to approve Resolution No. 101-92; motion carried 3:0. B. 1993 State Muster Chief McCain introduced Tim Arnhart of the State Firefighters Association and requested approval for co-hosting the 1993 State Firefighters Muster. He explained that this event was a fund- raiser for the Burn Foundation and could potentially be a money- maker for the City. By mutual agreement, the City Council approved the matter. 6. ORDINANCE NO. 257 Amending Title 3, Chapter 3 of the Atascadero Municipal Code as it relates to the City's Transient Occupancy Tax (Recommend motion to adopt on second reading by title only) There were no comments from the Council, staff or public. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to adopt Ordinance No. 257 on second reading by title only; motion carried 3:0. 7. ORDINANCE NO. 258 - Amending Title 3, Chapter 5 of the Atascadero Municipal Code as it relates to Business Licenses (Recommend motion to adopt on second reading by title only) No testimony was given. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to adopt Ordinance No. 258 on second reading by title only; motion carried 3:0. 8. ORDINANCE NO. 259 - Adding Chapter 13 to Title 3 of the Atascadero Municipal Code approving the implementation of a State-authorized program to recover costs of responses to emergencies caused by drunk or reckless drivers and providing guidelines and procedures therefore, pursuant to California Government Code 53150, et seq. (Recommend motion to adopt on second reading by title only) Councilwoman Borgeson asked that the matter be continued until a full Council could be present to take action. In addition, she expressed a concern regarding imposing a fine upon a driver who has not yet had his day in court. By consensus, the matter was continued until October 27, 1992. 9. ORDINANCE NO. 260 - Adding Article 10 to Title 3, Chapter 5 of the Municipal Code regarding Alarms CC10/13/92 Page 7 (Recommend motion to adopt on second reading by title only) There were no comments. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to adopt Ordinance No. 260 on second reading by title only; motion carried 3:0. 10. ORDINANCE NO. 261 Amending Map 6 of the Official Zoning Maps by rezoning certain real property at 4650 Traffic Way from RMF/10 to RMF/10 (PD7) (ZC 92005: Haas) (Recommend motion to adopt on second reading by title only) No remarks were made. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to adopt Ordinance No. 261 on second reading by title only; motion carried unanimously. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk Lee Raboin reported on her attendance at a two-day technical workshop sponsored by the City Clerks Association of California at Cal Poly September 25-26. She indicated that the sessions were most informative and the tuition was very reasonable. 2. City Manager Andy Takata reported that City Manager Ray Windsor was out ill and would return soon. Adjournment: At 9:00, Mayor Nimmo called a ten-minute recess. At 9:10 p.m. , the City Council adjourned to a Closed Session for the purpose of discussions regarding pending litigation entitled, City of Atascadero v. Michael Hawkins and Mike Bewsey. Said Closed Session to be held pursuant to Government Code Section 54956.9. At approximately 9:30 p.m. , the City Council adjourned to Saturday, October 17, 1992, for a one-day conference, "Designing the Future of San Luis Obispo County", to be held at the Embassy Suites in San Luis Obispo, California. MIN"CMDD FREPAMRED BY: LEE RABOIN, City Clerk Attachment: Exhibit "A" (Greening) CC10/13/92 Page 8 CC10/13/92 EXHIBIT "A" Testimony presented before the Atascadero City Council during Public Comment Period, October iqih 1007 by Grin Greening 7'v2Rvv�, llaalllloy Qlc . Thursday, October Stn was one of the sad- dest days in our history. The majority of the City Council accepted it as necessary t0 lay people off, while one member held out for alternate re- medies to the fiscal crisis. There is nothing to be gained by gnashing our teeth over the decision made last Thursday, but given that our mayor has warned us that further cuts may be neces- sary, it is incumbent on us to examine the propo- sals Councilwoman Borgeson proffered as an al- ternative-to layoffs. Before 'looking at specifics, let me endorse her call for creative solutions. Office-holders, staff, and citizens should all search our minds for ways this city could save money, and contribute our suggestions to be evaluated by those who would implement them. Councilwoman Borgeson asked us to consi- der closing City !-ball one day ever% two weeks. 1 fear the minuses in this proposal outweigh the pluses, although it's hard to find a budget-cutting idea that isn't weighed down by minuses. in ad- dition to the impact of 10% pay cuts on families that budget closely, I fear that closing City Hall one day a week on alternate weeks would incon- venience the public almost as much as closing it one day a week, period. Few citizens will keep track of which aAondays or Fridays City Hall is "on" and which weeks it is "off," and will simply stay away on the affected day every week. However, I believe that one issue Council- woman Borgeson raised in connection with this idea deserves to be pursued. She referred to the large energy cost of keeping the building open. i have noticed that it is often chilly in here to the summer, and wonder how much money could be saved if the thermostat were raised five degrees in the summer and lowered two degrees in the winter? The savings could be magnified if other city buildings such as the police station and pavi- lion were under the same policy. And of course, long-term, whenever City Hall gets its seismic re- trofit, it should also be retrofitted with the most up-to-date passive comfort technology. Another suggestion: the county rewards staff members who suggest ways to save money with- out diminishing service to the public. The reward is 10% of the money saved, or 10% of the first year's savings if it is an ongoing policy. This pro- gram stimulates dozens of suggestions per year, and costs nothing, since 90% of the money saved benefits the general fund or the taxpayers. Could such a program work in our city? Rewarded or not, l hope all citizens will join me in seeking solutions to this crisis. Thank you.