HomeMy WebLinkAboutMinutes 110993 Approved as Submitted
Meeting Date: 11/23/93
ATASCADERO CITY COUNCIL
NOVEMBER 9, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Borgeson 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; Lt. Bill Watton, Police Department and
Mark Markwort, Chief of Waste Water Operations
COUNCIL COMMENTS:
Councilwoman Borgeson announced the formation of The Optimist Club and reported
that the organization will have it's first event on Friday, November 12 to honor five
area youth who have contributed at least 1,000 hours of community service.
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, presented the third in a series of testimony
relating to heightened awareness of problems and their solutions. He mentioned that
he would disclose, on another evening, three keys to creating a new dimension for
living.
Tom Austin, 7105 Santa Ysabel, criticized Falcon Cable TV for it's implementation of
the Cable TV Act of 1992. He shared distress over the recent rate increases and
pointed out that the largest increase has been put upon the customers who can least
afford it. In addition, he revealed that the local cable company does not provide a true
public access channel, although they are supposed to. Mr. Austin voiced exasperation
with the complaint form he was sent by the Federal Communications Commission
(FCC) and observed that there seems to be some confusion about exactly who
controls the rates: the FCC or the City. He urged the City Council to foster effective
competition, establish a cable advisory committee, monitor their operations, conduct
a customer service survey, and set up a telephone line so that the public can provide
input.
Councilman Luna asked the City Attorney what options the City Council had. Mr.
Montandon explained that the cable industry made more channels part of the basic
package because they were allowed to charge, on a bench-mark chart, a per-channel
rate. This resulted in, he stated, a situation where the more channels a customer
receives, the more he pays. The City Attorney reported that complaints have been
received all across the country about the rate inequity and the FCC has begun to look
at different ways to vest authority in local government to regulate the basic rates. He
cautioned that the rule-making process of the federal government takes many months
and reported that the City would have to wait to see what authority it will actually
have.
Councilman Luna asked how the new law will affect the City's present agreement
with Falcon Cable TV. Mr. Montandon advised that the contract with Falcon is not
exclusive, but pointed out that it is not likely that another cable company is going to
make the investment, come to the area and compete with Falcon. He suggested that,
as part of the re-franchising procedure,the City develop a log of complaints. The City
Attorney counseled that if it is determined that Falcon is not providing reasonable
service, the City will not be required to renew the contract. Councilman Luna
suggested that staff create a complaint form and look into the matter of public access
channel compliance.
Eric Greening, 7365 Valle, announced that Tuesday, November 16, 1993 the Paso
Robles City Council will be looking at the issue of establishing a North County Amtrak
station. He encouraged interest and participation in this regional issue.
Eileen Cunningham, Member Friends of the Library Board of Directors, invited all to
the a benefit auction on Sunday, November 21, 1993 at 2:00 p.m. at the Pavilion.
She also commented that donations were still being accepted.
Lanny Dugar, 8330 Santa Rosa Road, thanked City staff for courteous responses to
his inquiries regarding the pending formation of the Santa Rosa sewer assessment
district. He suggested that, in the future, the public be given opportunities to provide
more input.
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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/Regional Transit Authority - Mayor
Nimmo reported on the meeting of Wednesday, November 3, 1993. He
noted that COG had re-validated the Regional Transportation
Improvement Plan and Transportation Enhancement Act grants.
Additionally, he explained that a recommendation for the internal re-
organization of COG failed 7:5 following a super-vote. Mayor Nimmo
announced that the proposed Joint Powers Agreement for the solid
waste management plan would soon come before local jurisdictions and
asked the Council to considerably carefully the power of the super-vote.
2. City/School Committee - Councilwoman Borgeson provided a report on
the meeting of November 2, 1993. Discussion items included City-
imposed fines for false alarms at schools, a joint effort for acquiring a
community gymnasium and a complaint regarding building materials
storage at the high school. In addition, Ms. Borgeson announced that
the committee had approved a recommendation for adding a member of
the Parks & Recreation Commission to the City/School Committee.
3. County Water Advisory Board - Councilwoman Borgeson reported that
at the meeting of November 3, 1993, the Board received a presentation
on the Morro Bay Water Management Plan and a status report on the
Nacimiento Water Feasibility Study.
4. Economic Round Table - Henry Engen announced the next meeting date
would be November 17, 1993 at 7:30 p.m. in the Club Room.
5. Liability Claims Review & Finance Committee - Councilman Luna
commented that the committee would meet the following afternoon,
November 10th, at 4:00 p.m.
6. Nacimiento Water Purveyors Advisory Group - Councilman Luna
explained that group members were presently reviewing a draft report
from Boyle Engineering. He indicated that there would be a formal
presentation on November 18, 1993 and provided an overview of some
of the report highlights. In addition, Councilman Luna asked staff to stay
informed about the possibility that final project components may be
exempt from local permits.
B. CONSENT CALENDAR:
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1. CITY COUNCIL MINUTES - October 12, 1993
2. CITY TREASURER'S REPORT - September, 1993
3. RESOLUTION NO. 127-93 - Designating stop intersection on Navidad at San
Jacinto
4. RESOLUTION NO. 128-93 - Designating stop intersection on Avenal at Santa
Rosa
5. RESOLUTION NO. 129-93 - Designating stop intersection on EI Parque at Santa
Rosa
6. RESOLUTION NO. 130-93 - Designating one 20-minute parking space in the
5900 block of EI Camino Real
7. RESOLUTION NO. 131-93 - Establishing a 25 mph speed zone in the Perkins
Mobilehome Subdivision
8. RESOLUTION NO. 44-93 - Designating loading zones at the Atascadero Lake
Park Pavilion
9. RESOLUTION NO. 106-93 - Designating a no parking zone on EI Camino Real
in front of the Post Office
10. PROPOSED INITIATION OF ZONING TEXT AMENDMENT relative to the CT
(PD10) zone located at the intersection of Marchant Ave. and Alcantara
(Newdoll/Hagen)
Councilman Luna pulled Item #13-2.
MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to
approve the Consent Calendar, Items #B-1, 3 - 10; motion carried
4:0 by roll call vote.
Re:ltem #13-2 CITY TREASURER'S REPORT - September, 1993
Councilman Luna commented that he liked the new format of the Treasurer's Report.
He asked for clarification of total interest earnings received from the Tax and Revenue
Anticipation Notes (TRANS) and shared concern that footnote #2 of the report gave
the impression that the City was $800,000 short.
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Interim Finance Director Russ Scotten reported that the City had earned $107,000 in
interest on both notes at the end of September. He mentioned that additional interest
had accrued since that time. The City Treasurer noted that one TRANS was due on
November 18, 1993 and indicated that the City earned $69,855.06 in interest as of
the end of September.
Mr. Scotten, addressing the second of Councilman Luna's concern's, noted that the
City would be receiving property tax revenues after the tenth of December which
would produce a better financial picture.
Councilman Luna also observed that although the Waste Water Fund-Pooled Cash
account shows a surplus of funds, nearly three-million dollars of capital improvements
projects have been approved and will soon be underway.
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
the Treasurer's Report for September 1993; motion carried
unanimously.
C. PUBLIC HEARINGS: None scheduled
D. REGULAR BUSINESS:
1. RESOLUTION NO. 132-93 - Approving the formation of Assessment District
No. 7 (Santa Rosa Road, Cease and Desist Area 71
Mayor Nimmo reported that the City Manager had, by memo, requested that the
matter be put over to provide staff with sufficient time to draft an enabling ordinance
and look into issues of concern raised by members of the public.
Councilwoman Borgeson requested that staff bring back the following information
when the item is re-scheduled: A complete history of events, Council and staff
actions, information on the 1991 Waste Water budget revision, the engineer's report
identifying Area F as having failing septic systems and information on how a four-
million dollar grant was secured and where the money from those grant funds was
spent.
Cou ilman Luna added that a complete consolidated history of the City's various
assement districts would also be helpful.
By mutual consensus, the matter was put over and staff was directed to develop the
necessary background information and enabling ordinance. No date was set.
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2. ATASCADERO CREEKWAY RESERVATION - Consideration of Atascadero
Mutual Water Co. proposal to exchange a portion of Atascadero Creekway
Reservation for City-owned lot on Sycamore and the Planning Commission's
General Plan Conformity Report
Henry Engen provided the staff report and recommendation to agree to accept the
Creekway Reservation land but retain City ownership of the Sycamore lot. He noted
that it would be appropriate to offer to the Water Company an access easement to
the Salinas River and explained that the matter would have to go back to the Water
Company's Board of Directors for their consideration.
Responding to Council inquiry, Mr. Engen reported that, even with the proposed
easement, the lot would still be a build-able one.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
agree to accept the Creekway Reservation land but retain City
ownership of the Sycamore lot and instructed staff to offer the
Atascadero Mutual Water Company an access easement to the
Salinas River; motion carried unanimously.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Attorney
Art Montandon requested the addition of a Closed Session regarding labor
negotiations and stated that it would require a unanimous vote of the Council to place
the matter on the agenda. (see below for motion).
2. City Manager
Andy Takata provided an overview of agenda items for the November 23, 1993
meeting. In addition, he announced that the City Council would meet on November
30, 1993 for a study session relating to the adoption of the Fiscal Element. Mr.
Takata also reported that staff was familiarizing themselves with the many changes
in the Brown Act and would pass on information to the Council as it is received.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adjourn to Closed Session for the purpose of discussions relating
to labor negotiations; motion carried unanimously.
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OPEN SESSION WAS ADJOURNED TO CLOSED SESSION AT 7.57 P.M. THE NEXT
MEETING OF THEA TA SCADERO' CITY COUNCIL WILL BE TUESDAY, NOVEMBER 23,
1993 A T 7.00 P.M.
MINU EB RECORDED ND PREPARED BY:
L RABOIN, Cit Clerk
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