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HomeMy WebLinkAboutMinutes 051193 Approved as Submitted Meeting Date: 6/8/93 ATASCADERO CITY COUNCIL MAY 11, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. and 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; Andy Takata, Assistant City Manager/Director of Community Services; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Lt. Bill Watton, Police Department; Steve Sylvester, City Engineer and Kelly Heffernon, Administrative Analyst PROCLAMATIONS: Mayor Nimmo read the proclamation for "Perinatal Substance Abuse Prevention Awareness Week" and presented it to Katrina Rosa representing County Drug and Alcohol Services. In addition, he proclaimed May 16-22, 1993 as "World Trade Week". COUNCIL COMMENTS: Councilwoman Borgeson reported that she had taken several calls from residents complaining that they had received weed abatement notices after already cutting down their weeds. Staff clarified that notices were sent to all property owners CC 05/11/93 Page 1 identified on Exhibit A of Resolution No. 21-93 and confirmed that only lots that still had weeds upon them would be abated. Eric Greening, 7365 Valle, urged staff to seek out Transportation Enhancement Act (TEA) funding available for transportation related projects. (See Item A-1, below). Daphne Fahsing, 5105 Llano Road, read a prepared statement asking the City Council to close the Millhollin Mine until a full Environmental Impact Review (EIR) can be conducted (see Exhibit A). The City Manager mentioned that an EIR has been done on the mine and announced that this matter was scheduled for a public hearing the first meeting in June. Ms. Fahsing urged the Council to obtain a restraining order in the meantime. Councilman Kudlac inquired about the amount of truck traffic generated from the mine. Councilman Luna remarked that this information was included in the EIR. Staff was directed to ensure that this data be made a part of the staff report when the matter comes before the Council. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments (COG) - Mayor Nimmo reported that COG had met Wednesday, May 5 and commented that the City would have further opportunities to apply for Transportation Enhancement Act project funding. He suggested that freeway frontage landscaping would be a worthy project. 2. County Water Advisory Board - Councilwoman Borgeson reported that the May meeting had been canceled and the next meeting would be in early June. She noted that the Board of Supervisors had invited the City to appoint a representative to the Purveyor's Technical Advisory Group to study the Nacimiento Reservation Agreement. 3. Economic Round Table - Mayor Nimmo announced that the next meeting would be May 19, 1993 at 7:30 a.m. in Room 102 of City Hall. B. CONSENT CALENDAR: Mayor Nimmo read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - APRIL 9, 1993 CC 05/11/93 Page 2 2. RESOLUTION NO. 35-93 - Designation of no-parking zones on EI Camino Real at u-turn locations at the raised median 3. APPROVAL OF CERTIFICATES OF ACCEPTANCE A. San Andres Avenue Bridge (R. Burke Corporation) B. Graves Creek Bridge (Whitaker Contractors, Inc.) C. S. EI Camino Real Street Improvements (Whitaker Contractors, Inc.) 4. RESOLUTION NO. 24-93 - Approving City/CalTrans Traffic Signal Operational Cost-Sharing Agreement 5. RESOLUTION NO. 34-93 - Intent to enter into a cooperative agreement with S.L.O. County to establish joint participation in a Community Development Block Grant (CDBG) program Councilman Bewley pulled Item #13-2. MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Consent Calendar Items #13-1, 3, 4, & 5; motion carried unanimously by roll call vote. Re: Item #B-2. RESOLUTION NO. 35-93 - Designation of no-parking zones on El Camino Real at u-turn locations at the raised median Councilman Bewley questioned the projected costs for signs and red-curbing and asked for a detailed report. Councilman Luna requested that staff also prepare a random sample of the general costs related to this type of project. By consensus, the matter was continued until May 25, 1993 and staff directed to prepare a cost breakdown for the specific project and a random sample of similar projects. C. PUBLIC HEARINGS: None D. REGULAR BUSINESS: 1. CIRCULATION ELEMENT & FINAL EIR A. Resolution No. 23-93 -Approving the adoption of an updated Circulation Element of the Atascadero General Plan (Cont'd from 4/27/93 meeting CC 05/11/93 Page 3 with public hearing closed) Mayor Nimmo announced that the Fair Political Practices Commission (FPPC) had advised him that they were not likely to have a formal response to the question of whether or not he has a potential conflict of interest relating to this matter until the first week in June. He stepped down from the dias and turned the gavel over to Mayor Protem Kudlac. The City Manager reported that all relevant materials had been submitted to the FPPC for their review and noted that an opinion might be rendered before the Council meeting of May 25, 1993. He pointed out, however, that two members of the Council would be absent that evening and suggested that a full Council deliberate on this important issue. In addition, he advised that should the Council move forward at this time without the mayor, the decision might result in a 2:2 vote (result = no action) and proposed that the item be put over until June 8, 1993. Brief discussion ensued. Responding to inquiry from Councilwoman Borgeson, the City Attorney explained that the question before the FPPC was as follows: May the mayor participate in decisions regarding: 1) a proposed road extension adjacent to property owned by Mayor Nimmo 2) proposed deletion of language which previously recommended the construction of a median on a road which is within 300 feet of Mayor Nimmo's undeveloped commercial property and 3) components of the general plan amendment in which he has no financial interests if those portions of the plan are segregated from the first two items. --- -CUL indicate-&tba"ee didnot'iave a probram wilt continuin -tne-Tnatten -- -- - MOTION: By Councilman Luna, seconded by Councilman Bewley to continue the matter until June 8, 1993; motion carried 3:1 with Councilwoman Borgeson voting in opposition. 2. 3-F MEADOWS, TECORIDA AND LAS ENCINAS ASSESSMENT DISTRICTS - Informational meeting (Atascadero Street Improvement Project No. 1992) Steve Sylvester clarified that this was an opportunity for the Council and public to ask questions and noted that the protest hearing was set for June 22, 1993. Bond Counsel, Cameron Weist, from Haight & Haight Attorneys-at-Law provided an overview of the assessment district process and responded to brief questions from Council. Public Comments: Ron Alanis, 8525 Casanova, asked when he could see some specific plans and on what was the estimate based. Steve Sylvester responded that the projected costs were based on the engineer's preliminary overview of all the roads in the district and CC 05/11/93 Page 4 pointed out that working drawings had not yet been prepared. Cameron Weist advised that legally the assessments could not be more than what has been presented. Mike Arrambide, 7243 Del Rio Road, inquired about the City's intention to accept the roads once the improvements have been made. Steve Sylvester indicated that the City would then be obligated to accept the roads. George Knecht, 7755 Del Rio Road, referred to a letter signed by former Public Works Director, Paul Sensibaugh, in 1987 estimating improvement costs to be approximately $2,700 per lot. He asked for an explanation of the increased costs and why it has taken six years to get to this matter. Councilman Luna indicated that the former quote did not reflect City minimum road standards adopted in 1992. Henry Engen mentioned that citizens had not followed through with initiating the assessment district process and reported that the City CO had agreed to initiate it in an effort to get the needed improvements constructed. Laura Simpson, 7675 Del Rio Road, asked how the district was determined. Henry Engen explained that there had been a series of meeting with interested property owners and highlighted some of the complex legal issues surrounding many of the roads. Ed Riff el, 7500 San Gregorio Road, inquired about the status of Ropo Court and asked if it would be paved. Steve Sylvester asked for a few moments to study the map. Becky Cyester, 8450 Del Rio Road, wondered if the assessment included a cost for purchasing portions of the road. Mr. Engen indicated that there would be no need for purchase because the construction would occur within the right-of-way. He also explained that the City would accept the streets as community roads. The City Attorney added that many of the rights-of-way were held in trust by Wells Fargo Bank. He explained that by accepting the roads, the City was not acquiring ownership, but was assuming the liability. Tom Neilson, 7455 EI Rio Road, asked how bonds affect payments on the tax bill and wanted to know if the assessment would be considered an un-paid lien and if property owners would be subject to future assessments. Cameron Weist provided an explanation of the bonding and amortization processes. He assured the residents that they would not be subject to further assessments for road improvements because the City would become responsible for maintenance. Steve Sylvester, addressing Dr. Riffel's question regarding Ropo Court, reported that the street was not part of the proposed assessment district. Dr. Riffel asked who owned that section of the road and who was responsible for it. The City Engineer stated that the matter would have to be further researched. Staff was directed to determine if Ropo Court is City-maintained and to get back to Dr. Riffel CC 05/11/93 Page 5 Dean Benedix, Tecorida Avenue property owner, asked a number of questions including why the assessment district was instigated and how the costs were determined. He also asked if an EIR had been completed. Henry Engen, replied that there were no construction plans as yet and an EIR would be done when the design project goes out to bid. ---End of Public Testimony---Informational Meeting closed. The Mayor announced that the Protest Hearing would be on June 22, 1993. 3. CAMINO REAL ASSESSMENT DISTRICT - Informational meeting (Camino Real Improvement Project) Steve Sylvester provided a brief overview and noted that the proponents were the property owners. Cameron Weist reported that financing for this assessment district differed from that of the Street Improvement Project because the public improvements would be secured by an acquisition agreement held in trust by a major bank. There were no questions or comments from the public. 4. WIL-MAR RECYCLING CREDIT PROGRAM - Consideration of replacing the recycling coupon program Kelly Heffernon provided the staff report and presented alternatives for the current coupon program. Responding to the mayor's inquiry, Ms. Heffernon indicated that she preferred Alternative C, replacing the coupons with periodic, special recycling events. She stated that this option would benefit the community as a whole. Council discussion followed. Public Comments: Betty Sanders, representing Wil-Mar Disposal, reminded the Council that recycling is not a revenue source for the garbage company. She noted that recycling materials pick-up and processing costs are not figured in to the collection rate. She added that the coupon served it's original purpose but reported that it was expensive to administer. In addition, Ms. Sanders asserted that Wil-Mar was overdo to have a rate review. Michelle Velasco, also of Wil-Mar, reported on a recent recycling event which she described as successful. She stated that Wil-Mar was hoping to be able to offer more specialized recycling events on the future. ---End of Public Testimony--- MOTION: By Councilman Kudlac, seconded by Councilman Luna to direct staff to CC 05/11/93 Page 6 bring back an amendment, reflecting Alternative C' to Resolution No. 96- 91 changing the recycling rebate program; motion approved unanimously. 5. LETTER FROM PASTOR TREY LITTLEJOHNS RE: CITY FACILITY POLICY Pastor Trey Littlejohns questioned the legality of the City's rental policy and asserted that there was discriminatory language relative to the use of facilities by churches. He asked that the City Council instruct the City Attorney to research case law, appoint a committee to look into the matter of "separation of church and state" and to re-write the City's policy. In addition, Pastor Littlejohns asked how it was the School District will rent to churches and the City will not. Mayor Nimmo indicated that he supported the City's policy to rent facilities to any group, including churches, for social functions; but declared that they should not be leased out to any group for religious teachings. He added that the City must avoid being asked to make decisions about who is a legitimate church and who is not. Councilman Kudlac agreed. Councilman Luna displayed an overhead of Section 5 of the State Constitution. Paraphrasing, he read the language, as follows: "Neither the legislature, or any county...city...shall ever grant anything to, or in aid, of any religious sect, church...." He stated that he had no problem renting a church on an occasional basis, but did find it difficult to believe that a long-term lease to a church would not be aiding the church. Pastor Littlejohns asserted that other cities rent to churches and do not take the position the City of Atascadero does. He argued that he wanted to use the Pavilion only when no one else was and had not demanded a long-term lease. Councilman Kudlac asked the pastor what the current status was of his church, the Christ Chapel. Pastor Littlejohns reported that his need was now irrelevant but stressed that this did not change the situation. He stated that he was still opposed to the language in the policy and emphasized that it was a matter of principle. Public Comments: Mike Arrambide proclaimed that any church has the right to rent any facility. Woody Shoemaker, 7130 Sycamore, commented that there had been a decision made regarding equal access of public buildings and cautioned that no separate policy may be made for different groups. He then asked when and how the City's policy was made. Andy Takata responded and provided an explanation of how the policy was drafted and adopted by the City Council. Mr. Shoemaker criticized the City Attorney's interpretation of the Constitution and spoke in support of allowing churches to rent CC 05/11/93 Page 7 from the City. He urged the Council to change its' policy. Councilman Luna asked the City Attorney for his legal opinion. Art Montandon clarified that the issue had become one of long-term rentals and indicated that this was the question originally asked of him when he reaffirmed the City's policy. He stated that he had advised staff against renting City facilities to churches on a long- term basis. He added that he had re-examined the matter and spoken with other city attorneys who agreed with him and had, therefore, not changed his opinion. He reiterated that granting a long-term request would subject the City to legal problems because it would appear as if the City was helping to establish a church. Additionally, he noted that the Equal Access Act referred to by the previous speaker applies to schools and not to cities. Andy Takata, at the request of Councilman Kudlac, provided background relating to the arrangements made by Pastor Littlejohns for use of the Pavilion. He emphasized that the staff told the pastor that a long-term reservation was not allowed by the rental policy and that the church was able to use it as available on a week-by-week basis most Sundays for approximately one year. Mr. Takata pointed out that staff denied, based on advise from the City Attorney, a request by Pastor Littlejohns to approve a long-term extension. Councilman Bewley asked the City Attorney if it would be a violation of the policy to rent to a church for one day. Art Montandon indicated that he believed it would. He emphasized that the policy was drafted and adopted based on the State and Federal Constitutions. John Cole, 8710 Sierra Vista Road, implored the Council to be more flexible and allow churches to rent City buildings. Councilman Luna stated that flexibility in this situation may not be appropriate in light of the fact that each councilmembers took an oath to uphold the Constitutions of the United States and the State of California. Al Sherman, resident, agreed with Mr. Cole. ---End of Public Testimony--- Councilwoman Borgeson asked the City Attorney if the City's present policy was in conformance with the State Constitution. Mr. Montandon indicated it was. Councilwoman Borgeson stated that she would accept the advice of the attorney and made the following motion: MOTION: By Councilwoman Borgeson to make no change to the present policy; motion died for lack of second. MOTION: By Councilman Kudlac, seconded by Councilman Bewley to amend policy CC 05/11/93 Page 8 language by striking all references to religious sects, churches, etc., making no policy with regard to churches and allowing unlimited rental to any organization; motion failed 2:3 (Luna, Borgeson, Nimmo). MOTION: By Councilman Luna, seconded by Councilman Kudlac to send the matter back to staff with direction that the policy be made constitutional; and further that if staff determines that it is unconstitutional to rent to churches on a long-term basis that staff address the possibilities of renting to church groups for ceremonial occassions; motion carried 5:0. 6. ORDINANCE NO. 269 (2nd reading) - Amending Title 6 of the City's Municipal Sanitation Code relevant to placing delinquent refuse collection charges on the property tax rolls (Recommend motion to adopt on second reading by title only) MOTION: By Councilman Kudlac, seconded by Councilman Bewley to adopt Ordinance No. 269 on second reading; motion carried 4:1 (Borgeson). E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Nimmo and Councilwoman Borgeson both announced that they would be absent for the meeting of May 25, 1993. 2. City Attorney Art Montandon revealed that he had served on the editorial board for the League of California Cities California Municipal Law Handbook and indicated that he had received a complimentary copy. 3. City Treasurer Micki Korba reported that interest rates on Orange County funds were at 8.1 %. 4. City Manager Ray Windsor asked the Council if it would still agree to meet on May 25, 1993 despite the absence of Mayor Nimmo and Councilwoman Borgeson. He reported that there were a number of routine items staff would like to bring forward. By consensus, the Council agreed to hold the May 25th meeting. Public Comment: Resident, George Zidbeck, stated that he would have liked to speak to Item #13-6. The mayor apologized for having overlooked him. CC 05/11/93 Page 9 THE MEETING WAS ADJOURNED AT 9:30 P.M. THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, MAY 25, 1993 AT 7:00 P.M. MINUTES RECORDED AND PREPARED BY: L E RABOIN, 01ityy Clerk Attachment: Exhibit A (Fahsing) CC 05/11/93 Page 10