HomeMy WebLinkAboutMinutes 071393 Approved as Submitted
Meeting Date: 08/24/93
ATASCADERO CITY COUNCIL
JULY 13, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Nimmo led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Nimmo, Luna and Mayor Kudlac
Absent: Councilmember Borgeson (vacation)
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Andy Takata, City Manager/Director of Community
Services; Henry Engen, Community Development Director;
Art Montandon,City Attorney;Mark Joseph,Administrative
Services Director; Bud McHale, Police Chief; John Neil,
Assistant City Engineer and Mark Markwort, Chief of
Wastewater Operations
COUNCIL COMMENTS:
Mayor Kudlac formalized committee appointments for the coming year. In addition,
he announced that the proposed contract with Camino Real Fashion Outlets, Inc.
(Golden West Development) would not be presented until the meeting of July 27,
1993.
COMMUNITY FORUM:
There were no comments from the public.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows):
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1. S.L.O. Council of Governments/Regional Transit Authority - Councilman
Nimmo announced that the next meeting would be July 14, 1993 in San Luis
Obispo.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - JUNE 8, 1993
2. CITY COUNCIL MINUTES - JUNE 22, 1993
3. TENTATIVE PARCEL MAP 91008, 14000 MORRO ROAD - Subdivision of
80.92 acres into four parcels of 24.35, 11 .61, 11 .26 and 32.15 acres (net)
(Rockstad)
4. SURFACE TRANSPORTATION PROGRAM and STATE HIGHWAY ACCOUNT
FUNDING APPLICATIONS
5. PLANNING COMMISSION VACANCIES - Authorization to recruit
6. ANNUAL RATIFICATION OF SLOCOG JOINT POWERS AGREEMENT
7. RESOLUTION NO. 79-93 - Requesting alternative method of Property Tax
apportionment
8. RESOLUTION NO. 80-93 - Adopting 1993/94 Fiscal Year Budget
9. RESOLUTION NO. 81-93 - Adopting 1993/94 Salary Schedule and Position
Authorization
10. RESOLUTION NO. 82-93 - Adopting the 1993/94 Gann limit
11. RESOLUTION NO. 83-93 - Recommending continuation of current Developer
Fee Schedule
The City Clerk requested that Items #13-1 and 2 be continued until the next meeting.
In addition, she pulled Item #6 for clarification. Councilman Luna asked that Item #13-
8 be pulled for commentary.
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MOTION: By Councilman Nimmo, seconded by Councilman Bewley to
approve Consent Calendar Items 3, 4, 5, 7, 9, 10 & 11; motion
passed 4:0.
Re: B-6 ANNUAL RATIFICATION OF SLOCOG JOINT POWERS AGREEMENT
The City Clerk presented Resolution No. 84-93 authorizing the Joint Powers
Agreement (JPA) and recommended adoption.
MOTION: By Councilman Luna, seconded by Councilman Nimmo to approve
Resolution No. 84-93 authorizing the annual ratification of
SLOCOG Joint Powers Agreement; motion carried unanimously.
Re: B-8 RESOLUTION NO. 80-93 - Adopting 1993/94 Fiscal Year Budget
Councilman Luna pointed out that the City was left without a staff accountant, city
engineer, and others. He shared concern that there was very little contingency
funding for the unexpected and expressed words of caution.
MOTION: By Councilman Luna, seconded by Councilman Nimmo to approve
Resolution No. 80-93 adopting the 1993/94 Fiscal Year Budget.
Discussion on the motion: Councilman Nimmo commented that he concurred
with Councilman Luna and verbalized similar warning.
Vote on the motion: Motion to approve the budget passed 4:0 by roll call vote.
C. PUBLIC HEARINGS:
1. GENERAL PLAN AMENDMENTS
A. Resolution 76-93 - Approving an amendment to the Parks & Recreation
Element to designate a community center in a downtown location (GPA
92-004/City of Atascadero)
Henry Engen presented the staff report and recommendation to approve. There were
no questions from the Council.
Public Comment:
Eric Greening, 7365 Valle, stated he was in support of the general plan amendment
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as proposed as long as it did not preclude the use of the Pavilion basement for
recreational uses. Mr. Engen noted that there was no conflict with the
recommendation and the use as suggested by Mr. Greening.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to adopt
Resolution No. 76-93; motion passed 4:0 by roll call vote.
B. Resolution 77-93 -Approving an amendment to the Land Use Map of the
Land Use Element of the City's General Plan from Low to High-Density
Residential, 7000-7060 Los Arboles (GPA 92-008/Los Arboles Property
Owners Association)
Ordinance No. 270 - Amending Map 17 of the Official Zoning Maps by
rezoning certain real property at 7000-7060 Los Arboles from RMF/10
(FH) to RMF/16 (PD7)(FH) (ZC 92-012/Los Arboles Property Owners
Association)
(Recommend (1) motion to waive reading in full and read by title only,
and (2) motion to introduce on first reading by title only)
Councilman Bewley stepped down due a potential conflict of interest relating to this
item. Henry Engen provided the staff report and recommendation to approve. He
noted that affirmative action would require a unanimous vote of the three voting
councilmembers present.
Councilman Luna remarked that he had some apprehensions relating to the Findings
of Approval and revealed that he did not support the amendment because it
represented high density development in a low density neighborhood.
Mayor Kudlac indicated he favored the application because it provided a source of
affordable housing.
Public Comment:
Eric Michielssen, 5300 Aguila, provided background on the application and
encouraged approval.
---End of Public Testimony---
MOTION: By Councilman Nimmo, seconded by Mayor Kudlac to approve
Resolution No. 77-93.
Discussion on the motion: Councilman Luna reiterated that he did not support
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the recommendation and suggested that the matter, in light of Councilwoman
Borgeson's absence, be put over until the next meeting when all five
councilmembers would be present to deliberate. Mr. Michielssen agreed to the
continuance.
Motion withdrawn. By mutual consent the matter was continued until July 27,
1993. Councilman Bewley returned to the dias.
2. RESOLUTION NO. 75-93 - Adopting sanitation service charges to be added to
the 1993-94 Property Tax Bill
Henry Engen provided background, the staff report and recommendation to authorize
placing sewer service rates onto the tax rolls. There were no Council comments or
questions.
Public Comments:
Bill Mazzacane, Executive Director of the Chamber of Commerce, voiced objection to
the rates "and described them as inequitable. He contended that the Council's
previous action to adopt a revised sewer rate schedule was not well-noticed and
asserted that the rates will affect small retailers adversely. He urged the Council to
ensure that pertinent water use information be obtained from the Atascadero Mutual
Water Company as quickly as possible to be analyzed and compared with the new
sewer rates.
Ruth Rentschler, local business owner and resident, exclaimed that her new rate was
unfair and asked how adjustments would be made once a comparative study is made
with water company data. Henry Engen explained that the new rates would be set
for one year and proposed that any changes as a result of further analysis would have
to come back to the Council for consideration. Councilman Luna pointed out that it
has been determined that some businesses have not been paying any sewer service
rates for twelve years. Mrs. Rentschler asserted that adjustments should be made
before fees go on the tax rolls.
Rush Kolemaine, Potrero Road resident, pointed out that vacancy factors at local
motels and apartments should be taken into consideration and proposed that
adjustments be made as soon as possible once actual usage and impact have been
examined.
---End of Public Testimony---
MOTION: By Councilman Nimmo, seconded by Councilman Luna to
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approved Resolution No. 75-93.
Discussion on the motion: Mayor Kudlac commented that some rates may be
unjust and suggested that the matter come back for review in two or three
months. Mr. Engen noted that staff was striving to gain Water Company
cooperation and would keep the Council posted on those efforts. Councilman
Luna observed that substantial problems result when necessary improvements
and upgrades to city infrastructure are not made. He recommended that fixed
costs, as well as usage, be considered and urged approval.
Vote on the motion: Motion to approve passed 4:0 by roll call vote.
3. RESOLUTION NO. 78-93 - Authorizing placement of delinquent solid waste
charges on the 1993/94 Property Tax Rolls
Mark Joseph presented the staff report and recommendation. He noted that this was
the first year of mandatory garbage pick-up and it was the first time the City was
placing delinquent accounts on the tax rolls. Because of this, he explained, staff and
Wil-Mar were working to smooth out some of the problems that are encountered
when a new process is initiated. There were no Council comments or questions.
Public Comments:
Jim Edwards, 2100 EI Camino Real, opposed placing the solid waste charges on the
tax rolls and suggested that Wil-Mar do their own collections.
Bill Kelly, 4730 San Benito Road, stated he was out of town for seven months of the
year and objected to being charged for garbage service when he isn't home and
generating trash.
David Broadwater reported he owned a rental on Portola and explained that he had
just paid Wil-Mar $52.00 representing past-due charges left unpaid by his tenants.
He expressed concerns relating to the process and asserted that property owners
must be given notice if tenants fall behind.
Jim Lewis, 5495 Mercedes, expressed similar concerns and stated he had only just
learned his renters were delinquent.
Betty Sanders, representing Wil-Mar Disposal, reported that Wil-Mar was aware of the
problem relating to tenants and landlords; and offered a compromise. She indicated
that the garbage company would be willing to forgive specific property owners of the
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debts left unpaid by tenants if they would be willing to cooperate with Wil-Mar in
locating those former tenants. She added that Wil-Mar was taking into consideration
all input from the public in an effort to improve the process.
Councilman Luna stated that he wanted assurance that anyone who has paid charges
will not be assessed. Ms. Sanders reported that the list of assessments will not be
sent to the County until it has been updated to reflect all payments received.
Councilman Nimmo remarked that, as a landlord himself, a satisfactory solution is for
the property owner to pay the garbage bill and pass on the charge to the renter.
Mr. Kelly, speaking again, stated that there had not been enough information included
in the notice to property owners about the protest hearing.
Mr. Broadwater also addressed the Council again and indicated that he supported the
concept of mandatory pick-up. He suggested that Wil-Mar provide proper notice to
landlords when a tenant is late. Councilman Luna remarked that although the matter
is indeed between the tenant and landlord, the point is that accounts are delinquent.
Jim Lewis spoke once more and claimed that he was not notified for six months that
the trash bill was late.
---End of Public Testimony---
Brief discussion ensued about the deadline for paying off a delinquent charge. Ms.
Sanders reiterated that Wil-Mar was willing to wait until the last possible moment.
The City Attorney advised that Council could go ahead and adopt the resolution with
a provision reflecting a cut-off date. He pointed out that although it would not be
possible to add new names or parcels it was possible to remove those who have paid
from the list before it goes to the County, even after the resolution is adopted.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to adopt
Resolution No. 78-93, and further, to delay forwarding the final
list to the County (until the last minute).
Discussion on the motion: It was suggested that Wil-Mar place Friday, July 16,
1993 at 5:00 p.m. as the deadline to receive all delinquent charges. In
addition, it was agreed that Wil-Mar and City staff would review for accuracy
the final list before it is sent to the County by their deadline of July 23, 1993.
Mr. Joseph indicated that staff would provide the Council with a copy of the
final list.
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Vote on the motion: Motion to approve passed 4:0 by roll call vote.
D. REGULAR BUSINESS: No items scheduled
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Manager
Andy Takata previewed the agenda for July 27, 1993.
AT 8:25 P.M., THE MEETING WAS ADJOURNED. THE NEXT REGULAR MEETING OF
THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, JULY 27, 1993.
MINUTES RECORDED AND PREPARED BY:
LEE' ABOIN, Ci . Clerk
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