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HomeMy WebLinkAboutMinutes 102693 Approved as Submitted Meeting Date: 11/23/93 ATASCADERO CITY COUNCIL OCTOBER 26, 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, Luna and Mayor Nimmo Absent: One Seat Vacant 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; Russ Scotten, Interim Finance Director; Bud McHale, Police Chief; Steve Sylvester, City Engineer; Mark Markwort, Chief of Waste Water Operation and Valerie Humphrey, Engineering Division PLAQUE PRESENTATION: Mayor Nimmo presented a plaque of appreciation to former Planning Commissioner J. Donald Hanauer and thanked him for his four years of service to the community. PROCLAMATION: Mayor Nimmo read the proclamation for "National Hospice Month", November 1993. CC 10/26/93 Page 1 COUNCIL COMMENTS: Councilwoman Borgeson provided an overview of workshops she attended at the Annual League of California Cities Conference in San Francisco and shared information obtained with members of the City Council. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, asserted that Atascadero is no longer a small town and proclaimed that changes are needed in thinking and behaving. He encouraged all to raise conscientiousness to levels higher than circumstance. Eric Greening, 7365 Valle, urged the Council to adopt resolutions committing to matching funds for two Transportation Enhancement Act (TEA) Grant project applications to be submitted to the California Transportation Commission. He indicated that he had been told by a Council of Governments (COG) representative that further action by Atascadero would increase chances of approval. The City Council took the following action: MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to place the matter on the agenda as Regular Business Item #D-3; motion carried unanimously. (See page 10 for action). Vic Smart, 8930 Palomar, voiced discontent over the recent increase in sewer assessment charges and stated that there was no notice to the public that the rates would go up as high as they did. He shared concern for those on fixed incomes and asked that the Council look at other sources of revenue besides higher taxes. Councilman Luna, in response, asked staff for a status report on the Factory Outlet Center. Andy Takata mentioned that the construction was to begin in the very near future. Councilman Luna commented that sewer rates had not been raised in over eleven years and pointed out that numerous property owners had never paid for sanitation services. He provided additional insight to the City Council decision to increase sewer rates and mentioned that staff had been directed to work with the Atascadero Mutual Water Company in an effort to devise an equitable way to determine usage. Lanny Dugar, 8300 Santa Rosa Road, asked how properties on well water are effected. Councilman Luna replied that the issues are independent. Councilwoman Borgeson commented that Community Forum is the time set aside for the public to speak and declared that citizen questions should be addressed by the staff. CC 10/26/93 Page 2 A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): 1. S.L.O. Regional Transit Authority (See Item B-11) 2. City/School Committee Andy Takata announced that the committee would meet on Tuesday, November 2, 1993 at 1 :30 p.m. in the District Office. 3. Traffic Committee - Councilman Bewley reported on recommendations coming soon for Council approval and announced that the meeting day had changed from Wednesday to Monday. 4. County Water Advisory Board -Councilwoman Borgeson explained that the board would meet on November 3, 1993 at 1 :30 p.m. 5. Economic Round Table - Andy Takata reported that the Round Table would be making a recommendation regarding redevelopment and related that this matter is forthcoming. In addition, he introduced Russ Scotten, Interim Finance Director. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 2. CITY COUNCIL MINUTES - SEPTEMBER 20, 1993 (Special Meeting) 3. CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 4. PROPOSED INITIATION OF ZONING ORDINANCE TEXT AND MAP CHANGE AFFECTING THE INDUSTRIAL PARK ZONE ON NORTH EL CAMINO REAL 5. GENERAL PLAN AMENDMENT CYCLE REPORT 6. AWARD OF BID FOR TRANSIT BUS 7. RESOLUTION NO. 126-93 - Authorizing the Chief of Police to apply for Federal grant funding for sworn police staffing augmentation 8. AWARD OF BID #93-09 FOR 1993 PAVEMENT STRIPING CC 10/26/93 Page 3 9. AWARD CONTRACT FOR DESIGN AND DEVELOPMENT OF RECLAIMED WATER EXTRACTION WELL FIELD 10. DONATION FROM TREE FUND ($1,000) TO CALIFORNIA CONSERVATION CORPS FOR ASSISTING THE CITY IN COMPLETING PLANTING-RELATED PROJECTS 11. AUTHORIZE APPOINTMENTS TO THE REGIONAL TRANSIT ADVISORY COMMITTEE Councilwoman Borgeson pulled Item #13-9. Councilman Luna pulled Item #13-10. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to approve Consent Calendar Items #13-1 through 8 and 11; motion carried unanimously by roll call vote. Re: Item #13-9 AWARD CONTRACT FOR DESIGN AND DEVELOPMENT OF RECLAIMED WATER EXTRACTION WELL FIELD Mark Markwort provided the staff report. Councilwoman Borgeson stated that she believed the Council should adopt a policy of placing any bid award of $5,000 or more under Regular Business. She noted that staff had recommended awarding the contract to the highest bidder and pointed out that the lowest bidder's quote was $5,000 less. She asked staff to define bid award policy. Art Montandon indicated that State Law requires municipalities to award public works projects to the lowest, responsible bidder. He reported that engineering services such as this do not fall under the category of a public works project and explained that the informal bidding procedure is not held to the same statutes. The City Attorney advised that the City can deviate from the lowest bidder policy on this matter. Steve Sylvester noted that staff is currently working on a consultant selection policy and stated that the City Council would be reviewing recommendations in November. Mark Markwort outlined the reasons staff was making the recommendation it was and responded to additional questions. MOTION: By Councilman Luna, seconded by Councilman Bewley to award the contract to John Carollo Engineers for design and development of reclaimed water extraction well field; motion carried 3:1 (Borgeson). CC 10/26/93 Page 4 Re: Item #13-10 DONATION FROM TREE FUND ($1,000) TO CALIFORNIA CONSERVATION CORPS FOR ASSISTING THE CITY IN COMPLETING PLANTING-RELATED PROJECTS Councilman Luna pointed out that the Tree Fund had been established for the purpose of tree and habitat restoration. He indicated that although he saw the nexus and was in favor of the proposed donation, he would have preferred to see a recommendation from the Native Tree Society and suggested that staff take this course of action for future expenditures. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve a donation of $1,000 from the Tree Fund to the California Conservation Corps, specifically for the purchase of a computer; motion carried 4:0 by roll call vote. C. PUBLIC HEARINGS: 1. PROTEST HEARING REGARDING THE FORMATION OF SEWER ASSESSMENT DISTRICT NO. 7 (SANTA ROSA ROAD) Henry Engen provided brief background and the staff report. He highlighted recommendations and options for forming the proposed sewer assessment district and mentioned that a petition had been filed with the City Clerk in opposition to the district. Council questions followed. Councilman Luna asked why two City-owned lots in the direct vicinity were not included in the district. Mr. Engen noted that the lots were zoned Recreation and were not to be sewered due to a former City Council decision. Councilwoman Borgeson requested clarification about the Cease & Desist Order issued by the Regional Water Quality Control Board (RWQCB). Valerie Humphrey outlined the sequence of events and reported that connection for properties in Cease & Desist Area "F" is dictated by the State. She added that if the lots are not connected to the sewer by the State deadline, it is likely that the State will initiate enforcement action against the City. Councilwoman Borgeson pointed out that the only difference between this proposed assessment district and the formation of District No. 4 (Seperado-Cayucos) in 1987 under the same circumstances was the Atascadero Lake. She asserted that it appeared that the driving force behind this district seemed to be the Lake and suggested that since the Lake belongs to the entire community, it may not be appropriate for the area residents to bear the total cost for the assessment district. CC 10/26/93 Page 5 Mayor Nimmo asked staff if there was any evidence that the RWQCB's ruling was related to the Lake. Ms. Humphrey indicated that there was not. Councilman Luna inquired if any thought had been given to federal or state grant funds. Ms. Humphrey reported that staff had researched that possibility during the formation of District No. 4, and was told no monies were available. She added that staff had not, therefore, looked into the matter this time. Councilman Luna declared that this avenue should have been explored. Responding to another question from Councilman Luna, Ms. Humphrey explained that there would be other added costs, in addition to the assessment charges, to each property owner. She reported that it would be necessary to hire a contractor to hook up to the system and noted that annual sewer service charges would appear on the tax bill. Public Comments: The following residents protested the formation of the district and spoke in opposition to the associated costs and interest rate: Jean Wiley Judy Ransom Jed Towles 8445 Santa Rosa 9420 Mountain View 8250 Santa Rosa Atascadero Atascadero Atascadero Rita Fernandez Virginia Dugar Lanny Dugar 9460 Mountain View 8330 Santa Rosa 8330 Santa Rosa Atascadero Atascadero Atascadero David Sisk Joyce Young John Wilkinson (Proxy 9545 Mountain View 9420 Lakeview 8340 S. Rosa protest) Atascadero Atascadero Atascadero Doris Van Gundy 9445 Mountain View Atascadero Art Blankenship, 8300 Santa Rosa, stated that his property was five acres of pasture land and indicated that he had no intention of developing it. He objected to the proposed sewer assessment for land without a home and asked for consideration. Fred Frank, 3615 Ardilla Road, shared concern relating to water quality and asserted that the City was imposing a municipal solution to a rural sewer problem. He CC 10/26/93 Page 6 remarked that there are other alternatives to the classical sewer system that are much less expensive and suggested that the City has an obligation to look for them. ---End of Public Testimony--- Having closed the public hearing, the Mayor commented that the proposed interest rate of 10% was exhorbitant and recommended that the City Council consider reducing it. In addition, he observed that the RWQCB Order had no relationship to the Lake and indicated that the City had no other choice but to form the assessment district. Councilman Luna agreed. He noted, however, that he hated to see the Blankenship parcel included because the ambiance it creates is an asset to the Lake. He suggested that some compromise be reached to provide an incentive to maintain this land in open space. Councilwoman Borgeson submitted that the five additional City-owned lots should be included to help save the citizens approximately $50,000 and, further, that the interest rate should be reduced from 10% to 4 or 5%. Councilman Bewley indicated that he did not have any objection to adding the five City lots and commented that rest rooms or other public buildings may be desired in the future. Steve Sylvester reported that the five lots do not currently have access to the system and pointed out that additional costs to the City would be involved to service those parcels. Councilwoman Borgeson emphasized that the City Council had already proclaimed that it would not sewer those lots. Councilman Luna asked staff if the City lots were part of the Cease & Desist Area. Henry Engen replied that they were. Consensus #1: There was concurrence to include all seven of the City-owned parcels in the assessment district. Debate followed regarding the Blankenship parcel. Henry Engen reported that the property was zoned Residential Single-Family and noted that the land could be sub- divided into two lots. He stated that the property was within two hundred feet of the sewer system and noted that if the parcel was excluded from the district, later sold and developed, the only cost to a future owner would be to hook-up. Council- man Luna indicated that unless there was a stipulation that the property would not be developed, the land should be included in the district. Consensus #2: The City Council agreed to include the Blankenship parcel and directed staff to negotiate with the owner for a long-term open space agreement. Discussion ensued about the interest rate. Consensus #3: It was agreed that the interest rate would be reduced from 10% to 5%. The City Attorney advised that it CC 10/26/93 Page 7 may be appropriate to direct staff to come back with a revised cost analysis. In addition, he speculated that it may be necessary to adopt a resolution to reduce the interest rate to ensure success in having the County Tax Assessor's Office place the assessments on the tax rolls with a lower interest rate. Councilmembers Luna and Borgeson spoke in favor of providing incentives to those property owners who meet the RWQCB's deadline for hook-up. Consensus #4: The City Council agreed to waive the $850 annexation fee for those who hook-up before the State's August 1994 deadline. MOTION: By Councilman Luna, seconded by Councilman Bewley to formally approve Consensus Items #1 through 4; motion carried unanimously by roll call vote. Staff noted that the matter would come back for further Council action November 9, 1993. The Mayor called a recess at 9:12 p.m. The meeting was reconvened at 9:40 p.m. 2. RESOLUTION NO. 125-93 -Adopting "Official Creekway Maps" for Atascadero and Graves Creeks pursuant to the Waterways Intrusion Ordinance and Land Use Element of the General Plan (Cont'd from 10/12/93) Henry Engen provided the staff report and recommendation. He pointed out that, if adopted, the Official Creekway Maps would supplant the waterway intrusion ordinance and clarify the riparian corridor. Councilman Bewley asked who had provided the mapping. Mr. Engen reported that the field work was done by Roger Zachary of Atascadero High School and added that Volbrecht Surveys had prepared the digital maps based on Mr. Zachary's surveys. Councilwoman Borgeson indicated that she was not in favor of "blanket protection". Henry Engen reported that the purpose of the maps is to provide for site-specific evaluations so that staff, the Planning Commission and City Council can identify the kinds of project that may impact the creek and look at mitigation measures where appropriate. Mr. Engen added that the maps are available to the public. Councilwoman Borgeson suggested that the following language be added to the last paragraph of the proposed resolution: "and shall be used as a guide and verified by site check". CC 10/26/93 Page 8 Public Comments: Doug Lewis, Tunitas Avenue resident, asserted that the creeks are being treated too casually. He shared concern for vegetation sustained by the creeks and emphasized that protection should be provided for more than just the waterway. He added that he hoped the maps would be used and not discarded someday. Tom Bench, 7503 Carmelita, reported that weeds on his property las identified by the Fire Department) and a garden that he planted himself had been identified as riparian vegetation on the maps. He argued this point and asserted that the adoption of the maps was another attempt for the implementation of creek setbacks. Roger Zachary, 1800 Traffic Way, provided background related to the field survey he had conducted of the creeks and pointed out that they had been produced to become a guide for site-specific evaluations. He explained that over the years some habitat is lost and contended that it was not only important to save the riparian community directly adjacent to the water but also the one next to it. Mr. Zachary described the maps as an asset to the community and urged the Council to adopt them. ---End of Public Testimony--- Andy Takata acknowledged the fact that Mr. Zachary had volunteered many hours to the community in this effort and noted that he was to be commended for his service. Brief discussion and clarification ensued regarding Councilwoman Borgeson's proposed amendment to the resolution. Council agreed to add the following language to the last sentence of the last paragraph of Resolution No. 125-93: "and shall be used as a guide and verified by site check". MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to adopt Resolution No. 125-93 adopting "Official Creekway Maps" for Atascadero and Graves Creek, as amended; motion carried 4:0 by roll call vote. D. REGULAR BUSINESS: 1. LAUREL AVENUE LANDSLIDE - EMERGENCY REPAIRS RECOMMENDATION Steve Sylvester provided the staff report and recommendation to implement emergency repairs to Laurel Avenue due to serious slide damage. Responding to Council inquiry, the City Engineer acknowledged that although there were flood- related repairs necessary on EI Monte, Enchanto and San Marcos, they were not CC 10/26/93 Page 9 considered emergency in nature and explained that temporary measures were being applied. MOTION: By Councilman Bewley, seconded by Councilman Luna to authorize staff to implement emergency repairs to the Laurel Avenue slide and waive formal bidding procedures due to the emergency situation. 2. APPOINTMENT OF HIGHWAY 41 REALIGNMENT COMMUNITY ADVISORY COMMITTEE TO CALTRANS (Cont'd from 10/12/93) Andy Takata reported that each councilmember had submitted two names each and named the individuals, as follow: Dennis Schnidt, Richard Summers, David Duncan, Geraldine Brasher, Dr. Tim O'Keefe, John Warren, Eric Hagen and Jerry Clay. He also noted that the individuals were listed in the staff report. The City Manager announced that Henry Engen would serve on the committee as the City's representative. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to accept the names presented and directed staff to submit them to Caltrans; motion carried unanimously. 3. EMERGENCY ACTION ON TEA GRANT APPLICATIONS (Note this item added as an emergency item, see page 2) The Mayor proposed that Section 2 of Resolution No. 101-93, previously adopted be revised to read, as follows: "Will provide $124,250 in non-Federal funds for this project. MOTION: By Councilman Luna, seconded by Councilman Bewley to amend Resolution No. 101-93 as proposed; motion carried 4:0 by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilwoman Borgeson reported that she had received numerous complaints regarding Falcon Cable. 2. City Attorney Art Montandon reported that significant changes in the Brown Act would become CC 10/26/93 Page 10 effective April 1, 1994. 3. City Treasurer Micki Korba announced that there would be a Treasurer's Report next month thanks to the help of the City's Interim Finance Director, Mr. Russ Scotten. She assured the Council that the report would be accurate, current and in sufficient detail so that the Council and public can have a complete and true picture of the City's finances. 5. City Manager The City Manager reminded the Council to adjourn to the Joint Board of Supervisors/City Councils meeting scheduled for Friday, November 5, 1993. Councilman Bewley reported that he would not be able to attend. The meeting was adjourned at 10.16 p.m. The City Council will meet next on Friday, November 5, 1993 in San Luis Obispo for the Joint Board of Supervisors/City Councils meeting. MINUTES RECORDED AND PREPARED BY: r r LEE RABOIN, Cit Clerk CC 10/26/93 Page 11