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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. CC 11/09/93 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. 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: CC 11/09/93 Page 3 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. CC 11/09/93 Page 4 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. CC 11/09/93 Page 5 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. CC 11/09/93 Page 6 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 CC 11/09/93 Page 7