HomeMy WebLinkAboutMinutes 022294 Approved as Submitted
Meeting Date: 3/08/94
ATASCADERO CITY COUNCIL
FEBRUARY 22, 1994
MINUTES
SPECIAL SESSION: MID-YEAR BUDGET:
A. Resolution No. 11-94 -Amending the Fiscal Year 1993-94 Budget
B. Resolution No. 14-94 - Amending authorized permanent positions
and amending salary schedule for part-time/seasonal positions
The Mayor called the meeting to order at 6:00 p.m. Opening formalities were
dispensed with until the regular session. Russ Scotten, Interim Finance Director,
provided an overview of the general fund as outlined in Exhibit "A" of Resolution No.
11-94, He responded to Council questions regarding projected sales and property tax
revenues. In addition, he presented a summary of fund account balances and made
specific recommendations. There were no comments from the public.
MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to
adopted Resolution No. 11-94 amending the Fiscal Year 1993-94
Budget; motion passed unanimously by roll call vote.
Andy Takata provided the staff report and recommendation. He responded to brief
questions from the Council and clarified that all positions must be funded each year
with the adoption of the fiscal budget.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 14-94 amending authorized permanent positions
and amending salary schedule for part-time/seasonal positions;
motion carried 4:0 by roll call vote.
CLOSED SESSION:
At 6:40 p.m., the City Council adjourned to a Closed Session for purposes of
discussions regarding personnel negotiations. Said Closed Session was held pursuant
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to Government Code Section 54957.6(a).
ROLL CALL:
At 7:00 p.m., the Mayor called the Regular Session to order. Councilman Bewley led
the Pledge of Allegiance. The City Clerk called the roll.
Present: Councilmembers Bewley, Borgeson, Luna and Mayor
Nimmo
Absent: One Seat Vacant
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, 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; Mike McCain, Fire Chief; Bud McHale,
Police Chief; Steve Sylvester, City Engineer; John Neil and
Richard Kilpatrick, Assistant City Engineers
PROCLAMATIONS:
o "Arbor Day" Proclamation - The Mayor read the proclamation; there was
no one present to accept.
o Introduction of Fire Battalion Chief, Mark Latham - Chief McCain
provided the introduction.
COMMUNITY FORUM:
Jack Heninger, President of the Atascadero Native Tree Association, announced that
there would be an Arbor Day Celebration at the Lake Park Pavilion Saturday, March
11, 1994 and summarized the planned activities for the day.
David Lowe, Alcantara resident and property owner, stated that there appeared to be
an inequity in the City business license rates as they relate to apartment complex
rental units. He complained that the rates are unfair for the small property owner and
observed that the larger complex owner pays less per unit. There was consensus
among the Council to put the matter on the agenda for March 22, 1994 and staff was
directed to hold off any enforcement until the Council takes action.
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Eric Greening, 7365 Valle, announced a free workshop on "Traffic Calming" (subtitled
"Reclaiming our Neighborhood Streets") to be held in San Luis Obispo on March 2,
1994 at 7 p.m. in the City/County Library. He urged attendance by policy-makers and
citizens alike.
Ray Jansen, 6655 Country Club Drive, distributed copies of the newspaper Planetary
Connection and stated that benefits from the proceeds of newspaper sales will go
towards a future fair rent housing task force.
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 that the next meeting would be Wednesday, March 2,
1994 in San Luis Obispo.
2. City/School Committee - Andy Takata mentioned that no date has been
set for a meeting, but noted that he would contact the School District
in an effort to schedule one.
3. Economic Round Table - Henry Engen reported on the meeting of
February 16, 1994. He explained that the round table had received a
presentation regarding minor league baseball and indicated that more
information was expected. He also announced that round table member
Mike Kirkwood, Mid-State Bank, had left the committee to take on a new
job assignment. The round table, he concluded, would be seeking a
replacement and taking a look at new committee assignments.
B. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - February 8, 1994
2. GENERAL PLAN CONFORMITY REPORT - Proposed Fire Station No. 3, 2000
Ramona Road (at Del Rio)
3. RESOLUTION NO. 13-94 - Designating 25 mph speed limit on Fresno St.
4. TENTATIVE PARCEL MAP 29-90, 3450 EL CAMINO REAL- Subdivision of one
4.81 acre parcel into three lots of 1 .01 , 1 .72 and 2.08 acres
(Desrosier/Stewart)
The City Treasurer pulled Item #13-2.
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MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve the Consent Calendar, Items #13-1, 3 and 4; motion
carried 4:0 by roll call vote.
Re: Item #B-2 GENERAL PLAN CONFORMITY REPORT - Proposed Fire Station
No. 3, 2000 Ramona Road (at Del Rio)
Micki Korba observed that property located on Santa Lucia and Santa Ana is up for
sale and wondered if this would have any impact on the City's plans. Mike McCain
confirmed that the City has first rights on the subject parcel, but agreed to look into
the matter.
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
the General Plan Conformity Report; motion carried unanimously.
C. PUBLIC HEARINGS:
1. GARCIA ROAD BRIDGE ANALYSIS (Cont'd from 1/25/94)
Henry Engen provided the background and staff report. Bill Baker, structural engineer
for the State Department of Transportation (Caltrans), summarized recommendations
outlined his December 1993 inspection report.
Steve Sylvester reviewed the three-part staff recommendation and revised Recom-
mendation #1 to read: "Direct staff to provide temporary reinforcement to the bridge
to bring it back to legal load limits." He noted that temporary reinforcement could be
accomplished before the proposed box culvert solution is constructed and clarified
that this would not cause any delays. Construction of the boxed culvert, he
estimated, would take four to five months. Council questions followed.
Public Comments:
Pamela Billings, 1415 Garcia Road resident, stated that she was opposed to anything
that will widen the bridge and road itself. She added that she was not in favor of the
bridge replacement as proposed by Caltrans and suggested that traffic be re-routed.
Susan DeCou 1355 Garcia Road, remarked that the bridge needs to be reinforced and
suggested that Garcia Road be opened up to the freeway to provide an emergency
exit in case of fire.
Bob Gannon, 740 Garcia Road, spoke in support of the proposed two lane box culvert
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solution and recommended that speed limit laws be enforced.
Jim Dulitz, 1300 Garcia Road, recommended immediate repair.
---End of Public Testimony---
Councilman Luna expressed support for the boxed culvert solution noting that it was
the best option at a cost of $100,000 and one more environmentally sensitive than
originally proposed by Caltrans. Councilwoman Borgeson agreed and urged the
Council to put a higher priority on extending Garcia Road through to San Ramon. She
asserted that there needs to be an alternative route for that area of town.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Staff Recommendations #1 (as amended), #2 and #3;
motion carried unanimously by roll call vote.
2. CAPITAL IMPROVEMENT PLAN (C.I.P.)
A. Proposed five-year C.I.P.
B. Resolution No. 12-94 - Amending FY 1993-94 C.I.P.
Henry provided the staff report and recommendations. Council questions followed
regarding project priorities and how they were established, drainage improvements
projects and funding. In addition, Council discussion ensued regarding the "Safe
Routes to School" program.
Councilwoman Borgeson stated that the 5-year CIP format is hard to follow and
remarked that it is unclear just what the Council is spending in any given year and
where project funding is coming from. Councilman Bewley agreed. Mayor Nimmo
suggested that the City Council conduct a joint study session with the Planning
Commission to review the CIP. Councilman Luna supported this idea noting that he
would like to discuss and establish project priorities.
Public Comments:
Eric Greening asked if there is any legal or procedural reason why a portion of
Transportation Development Act (TDA) monies cannot be dedicated to assist the
"Safe Routes to School" fund. Ron DiCarli, Executive Director of the Council of
Governments (COG), reported that there are no priorities set for use of local streets
and roads funds; and remarked that the City has the prerogative of how to use the
funds.
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Rush Kolemaine, Box 1990, remarked that simple actions like striping and signage
could accomplish safe routes to school without great cost. Henry Engen noted that
options of this nature had been used at the Montessori School on Monterey Road and
at San Benito Elementary School.
Mr. Kolemaine also shared concerns about priorities listed in the Circulation Element
and CIP, particularly as they relate to Traffic Way. Henry Engen reported that there
is approximately 60 acres on Traffic Way currently zoned single-family residential. He
explained that there might be some off-site improvements constructed as part of the
conditions of approval for a proposed subdivision project; but clarified that there is no
project in the works at present. Mr. Kolemaine commented that he was talking about
the area near Via and not the residentially-zoned property.
Eric Greening spoke again and recommended that the Engineering staff attend the
"Traffic Calming" workshop he announced earlier.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded Councilman Bewley to adopt
Resolution No. 12-94 amending the Fiscal Year 1993-94 Capital
Improvement Plan; motion carried 4:0 by roll call vote.
There was consensus to hold a joint study session with the Planning Commission in
the month of March. Staff suggested that the meeting be held on either the first or
third Tuesday in lieu of a regular Planning Commission meeting.
3. RESOLUTION NO. 02-94 - Establishing Wil-Mar Disposal fees
Russ Scotten provided the staff report and summarized the three-part recom-
mendation. Questions followed regarding pass-through increases, proposed increases
for unincorporated areas of the county and commercial/residential rate comparions.
Councilwoman Borgeson noted that the public's bill has continued to go up and asked
if the City's franchise fee will change. Mr. Scotten noted that the franchise fee will
remain at 5%.
Public Comments:
David K. Smith, accountant for Wil-Mar Disposal, responded to questions from
Councilwoman Borgeson regarding the franchise fee, after-tax profit and proposed
innovations. He also noted that Wil-Mar's proposed rates for the unincorporated areas
of the county are the same as for what's being proposed for Atascadero residents.
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James Patterson, 5312 N. Santa Margarita Road, expressed gratitude for the
cooperative efforts between the City and Wil-Mar to implement solid waste
management. He voiced concern that proposed mechanization may reduce jobs and
suggested that Staff Recommendation #2 be amended by adding a provision noting
that implementation [of mehanization] should not eliminate employees. Mr. Patterson
pointed out that the City would receive an additional $19,000 in franchise fees as a
result of the increased rates and suggested that the monies be allocated for continued
reduction of solid waste (city recycling programs and other activities to assist in
meeting AB939 requirements). He stated that his greatest concern was that the
proposed rate schedule is still not equitable, pointing out that the 90-gallon cart
customer pays less per volume than the single-can consumer. He urged the City
Council to charge those who generate less trash a lower rate.
Tom Bench, 7503 Carmelita, spoke in opposition to the rate increase.
Tom Walters, Wil-Mar Disposal, Inc., addressed some of the concerns shared by Jim
Patterson. He reported that Wil-Mar was agreeable to providing an annual report and
noted that the company's goal is to structure the rates so that they are equitable. In
closing, Mr. Walters asked the City Council to support the rate increase.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 2-94 increasing garbage collection rates
charged by Wil-Mar Disposal, Inc.; motion carried unanimously by
roll call vote.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Staff Recommendation #2 adding a stipulation regarding
staffing as suggested by Jim Patterson; motion passed.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Staff Recommendation #3; motion passed.
4. SOLID WASTE PLANNING (AB939)
A. Household Hazardous Waste Element
B. Source Reduction & Recycling Element EIR
Henry Engen provided the introduction. Kelly Heffernon and Ron DiCarli responded
to questions from the Council. There were no public comments.
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MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Staff Recommendation #1 ; motion carried.
There was consensus to approve Staff Recommendation #2.
5. PROPOSED SOLID WASTE JOINT POWERS AGREEMENT (JPA)
Henry Engen provided the staff report and recommendation to approve the Draft JPA.
There were no public comments.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
tentatively approve the Draft JPA; motion passed 4:0.
D. REGULAR BUSINESS:
1. ORDINANCE NO. 275 - Adding Chapter 12 to Title 3, authorizing bingo games
(Recommend motion to adopt on second reading by title on/y)
Art Montandon presented the staff report and noted that the ordinance, as introduced,
establishes a $50.00 annual license fee. He explained that the ordinance allows bingo
games to be conducted by charitable organizations and noted that Carl Lounes, local
Elks Club member, was requesting that the fee be deleted. There was no discussion
and no public input.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
amend Ordinance No. 275 by deleting Section 3-12.03; and re-
introduce the Ordinance as amended; motion carried unanimously.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Treasurer
Micki Korba reported that the Treasurer's Report for the month of January would be
on the next City Council agenda.
2. City Manager - Selection of revised date for Economic Redevelopment
Workshop
Andy Takata provided an overview of the next City Council agenda.
The City Council agreed to reschedule the Economic Redevelopment Workshop for
Thursday, March 31, 1994 at 7:00 p.m. in the Rotunda. Mr. Takata also mentioned
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that staff would come back with a proposed date to meet in a study session regarding
revisions to the "Brown Act" (Open Meeting Law) updates at a future meeting.
ADJOURNMENT:
The meeting was adjourned at 9:37 p.m. The next meeting of the Atascadero City
Council will be Tuesday, March 8, 1994 at 7:00 p.m.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, Cite Clerk
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* NOTICE: THE CITY COUNCIL WILL MEET IN CLOSED SESSION AT 6:30 P.M.,
4TH FLOOR CLUB ROOM, FOR PURPOSES OF DISCUSSION REGARD-
ING PERSONNEL NEGOTIATIONS, PURSUANT TO GOVERNMENT CODE
SECTION 54957.6(A).
AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
MARCH 8, 1994
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Government Code
Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action identified in the brief
general description of each item, the action that may be taken shall include: A referral to
staff with specific requests for information; continuance; specific direction to staff
concerning the policy ormission of the item;discontinuance of consideration;authorization
to enter into negotiations and execute agreements pertaining to the item, adoption or
approval; and, disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office (Room 103), available for public inspection during City Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a City meeting or other services offered by this City,please contact the City
Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on the agenda.
* A person may speak for five (5) minutes.
* No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
* The floor will then be closed to public participation and open for Council
discussion.
Call to Order
Pledge of Allegiance
Roll Call
City Council Comments:
o Proclaim 1994 "Atascadero State Hospital Year"
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and comments from
you, the citizen. The Community Forum period is provided to receive comments from
the public on matters other than scheduled agenda items. To increase the effective-
ness of Community Forum, the following rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
* No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1 . S.L.O. Council of Governments
2. S.L.O. Regional Transit Authority
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5. Traffic Committee
6. County Water Advisory Board
7. Economic Round Table
8. Colony Roads Committee
9. Liability Claims Review & Finance Committee
10. Nacimiento Water Purveyors Advisory Group
B. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are considered to be routine, and
will be enacted by one motion in the form listed below. There will be no separate
discussion on these items. A member of the Council or public may, by request, have
any item removed from the Consent Calendar, which shall then be reviewed and acted
upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES - February 22, 1994
2. CITY TREASURER'S REPORT - January 1994
3. RESOLUTION NO. 16-94 - Authorizing amendments to City's Procurement and
Purchasing Manual
4. DIRECT THE CITY CLERK TO OPEN RECRUITMENTS TO FILL UPCOMING
VACANCIES (3) ON BOARD OF APPEALS
C. PUBLIC HEARINGS:
1. SANTA ROSA SEWER DISTRICT (Cont'd from 11/9/93)
A. Resolution No. 132-93 - Approving the formation of Assessment District
No. 7 (Santa Rosa Rd., Cease and Desist Area "F")
2. RESOLUTION NO. 04-94 - Approving the adoption of an updated Housing
Element of the City's General Plan (City of Atascadero)
D. REGULAR BUSINESS:
1. MILLHOLLIN PIT - Status Report (Cont'd from 12/14/93)
2. RESOLUTION NO. 15-94 - Awarding three-year Dial-A-Ride contract to
Mayflower Contract Services
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager: Proposed joint meeting with Planning Commission re:
Capital Improvement Program
3
Approved as Submitted
Meeting Date: 4/14/94
ATASCADERO CITY COUNCIL
MARCH 8, 1994
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 Price, City
Clerk
Staff Present: Andy Takata, City Manager/Director of Community
Services; Art Montandon, City Attorney; Henry Engen,
Community Development Director; Doug Davidson, Senior
Planner; Russ Scotten, Interim Finance Director; Lt. John
Barlow, Police Department; Mark Markwort, Chief Waste
Water Operations; Valerie Humphrey, Engineering
Department
PROCLAMATION:
Mayor Nimmo proclaimed 1994 "Atascadero State Hospital Year" and presented the
proclamation to Jon DeMoralis, Executive Director, Atascadero State Hospital. Mr.
DeMoralis invited all to the rededication of the hospital scheduled for June 20, 1994.
COMMUNITY FORUM:
Paul Phelman, Rancho Del Bordo, asked for a status report on the South EI Camino
Real median revisions. Henry Engen provided an update on the project.
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Eric Greening, 7365 Valle, noted that it would be helpful to the citizenry if minutes
from the various City Council committees could be available in City Hall and in the
Library.
Rick Dunbar, 5670 Encino, shared concern about teenage gangs and residents in
"group homes". Mayor Nimmo asked the speaker to put concerns in writing
addressed to the City Manager.
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)/Regional Transit Authority-Mayor
Nimmo reported on the meeting of March 2, 1994. He mentioned that
COG had reviewed proposed benefits and pay for COG staff. No action
was taken on the matter and the item was continued for further
deliberations.
2. Solid/Hazardous Waste Task Force - Henry Engen explained that the
Draft Joint Powers Agreement will be submitted to the City in June.
3. City/School Committee - Councilwoman Borgeson asked the City
Manager to schedule the meeting and add to the agenda discussions
relating to "group homes" and gang problems at the high school.
4. County Water Advisory Board - Councilwoman Borgeson reported that
the board had met on Wednesday, March 2, 1994. She announced that
there were new delegates on board and commented that the board
reviewed its' by-laws and purpose.
5. Economic Round Table - Mayor Nimmo reported that the Round Table
would be meeting on Wednesday, March 16, 1994 at 7:30 am.
6. Colony Roads Committee - Councilman Luna announced that the
committee would be meeting on Thursday, March 9.
Councilwoman Borgeson asked for a status report on a recent public meeting held to
look into the feasibility of a skateboard facility. Andy Takata reported and mentioned
more citizen involvement was needed. There was consensus among the Council to
seek additional public input, continue pursuing the concept and look into issues
relating to insurance.
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B. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - February 22, 1994
2. CITY TREASURER'S REPORT - January 1994
3. RESOLUTION NO. 16-94 - Authorizing amendments to City's Procurement and
Purchasing Manual
4. DIRECT THE CITY CLERK TO OPEN RECRUITMENTS TO FILL UPCOMING
VACANCIES (3) ON BOARD OF APPEALS
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
the Consent Calendar Items #13-1 through #13-4; motion carried
unanimously by roll call vote.
C. PUBLIC HEARINGS:
1. SANTA ROSA SEWER DISTRICT (Cont'd from 11/9/93)
A. Resolution No. 132-93 -Approving the formation of Assessment District
No. 7 (Santa Rosa Rd., Cease and Desist Area 7")
Henry Engen provided the introduction and noted that the public hearing had been
closed on November 9, 1993. Council questions followed.
Councilman Luna had questions and comments regarding a proposed 15-year open
space agreement proposed for property owned by Art Blankenship on Santa Rosa
Road. Henry Engen explained that City Ordinances 181 and 246 specify that the
property should be served. Councilman Luna asked if the City Council could defer
payment of the assessment on the property as long as it stays undeveloped. Art
Montandon advised that the City Council can chose, if it so desires, to reduce the
interest or lower the assessment based on the fact that the City gains a benefit of the
open space. He also suggested that the City consider reimbursing the wastewater
fund for the cost and added that if the property is ever developed, the owner would
have to pay all or any remaining assessment and accrued interest. Mr. Montandon
indicated that, if so directed, he would incorporate these terms into the open space
agreement.
Mark Markwort, at the request of Councilwoman Borgeson, provided an overview of
the design and capabilities of the Santa Rosa Road sewer pump station. Councilman
Bewley inquired whether or not the City has ever agreed to not require an
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undeveloped parcel to hook-up. Valerie Humphrey indicated that no exclusion like this
has ever been allowed. She added that State Law prescribes hook-up if sewer is
accessible.
The City Attorney noted that the public hearing had been held and explained that the
only action of the Council is consideration of the proposed resolution.
Mayor Nimmo stated that he had serious reservations about excluding the Blankenship
property for a period of fifteen years and suggested that it would make more sense
to keep the parcel in open space for perpetuity. Councilman Luna recommended
amending page two of the proposed resolution by deleting the following language:
"either the open space easement is rescinded (upon request of owner and approval
of the City Council) or at the end of the 15 year payment period, whichever occurs
first".
Discussion ensued about the overall cost of the assessment district. Councilwoman
Borgeson pointed out that the cost was higher than other districts formed in the past.
She proposed that the City pay for the pumping station and thereby reduce the
individual assessments by $2-3,000. Mayor Nimmo asserted that this action would
be inconsistent with previous actions.
Councilwoman Borgeson remarked that a precedent had been set in the Seperado-
Cayucos assessment district. Mark Markwort provided background and pointed out
that while the pumping station for that district was paid for by the City, it is not
actually inside the district. Councilwoman Borgeson commented that, according to
staff, the Santa Rosa Road pump station has the capacity to hook up five or six more
homes and speculated that future homes could reimburse the City for the cost of the
pump station. Art Montandon confirmed that the City Council has the power to
reduce the assessment if they chose to and noted that any future development would
pay its' share. He noted that the Council would have to make decisions like what
fund the money would come from and what interest rate would be charged.
Mayor Nimmo proclaimed that he could support the resolution as proposed.
MOTION: By Councilman Bewley, seconded by Mayor Nimmo to approve
Resolution No. 132-93; motion failed 2:2 (Luna, Borgeson). No
action.
MOTION: By Councilman Luna, seconded by Mayor Nimmo to approve
Resolution No. 132-93 with the deletion of language on page 2,
as proposed.
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Discussion on the motion: Councilwoman Borgeson indicated that she would
not support the motion and reiterated her opinion that the City should pick up
the cost of the pump station. Councilman Luna presented several cost options
and asserted that the City simply cannot afford to pay for the pump station.
In addition, he emphasized that the motion on floor would result in the City,
rather than the other property owners in the district, paying for the cost for
Blankenship lot.
Responding to inquiry from Councilman Luna, Mark Markwort reported that the
pump station wasn't designed to handle more than 24 homes in the district.
He noted that the pump station could conceivably serve approximately seven-
teen 0 7) additional houses, but stressed that the station would overflow at the
peak periods. He projected that the station could accommodate five to seven
more houses safely but qualified the risks. Councilman Bewley asked if the
pump station could be modified; staff indicated it could.
Councilman Luna asked if any of the existing homes in the district could add
a guest house. Henry Engen reported that guest homes presently are allowed
anywhere in a residential zone.
Councilman Bewley remarked that he did not support the motion. He asserted
that it would not be fair to exempt the Blankenship property and pointed out
that this has never been done before.
Public Comment:
Art Blankenship, 8300 Santa Rosa, commented that two-thirds of the lower
land is covered with water. He exclaimed that he did not know how to improve
the property without great cost and wondered if he could even build a home
there with those conditions. He proclaimed that as long as he is alive, there
will be no development there.
Vote on the Motion: Motion failed 2:2 (Bewley/Borgeson). No action taken.
Art Montandon suggested that the City Council authorize staff to enter into
negotiations with Mr. Blankenship for an open space agreement that would call for the
assessment to become due and payable when and if the property owner decides to
develop the property. He added that the City could consider waiving any or all of the
interest and noted that the agreement would come back for final approval by the City
Council.
Councilwoman Borgeson remarked that there is a general benefit to the Lake and
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asked if there was any support for reducing the overall assessments in the district.
Councilman Luna pointed out that the City has already added the five additional lots
owned by the City and waived the $850 hook-up fee.
MOTION: By Councilwoman Borgeson to consider a further reduction in the
assessment fees.
Discussion on the motion: Mayor Nimmo indicated that he was not in favor of
reducing the assessment any further. Councilman Bewley agreed and added
that Blankenship must pay his fair share.
Councilwoman Borgeson withdrew her motion.
Councilman Luna restated his previous motion, as follows:
MOTION: By Councilman Luna, seconded by Mayor Nimmo to approve
Resolution No. 132-93 with the deletion of [the following]
language on page 2: "either the open space easement is rescinded
(upon request of owner and approval of the City Council) or at the
end of the 15 year payment period, whichever occurs first".
Motion passed 3. 1 (Bewley).
Councilman Bewley voiced concern about future hook-up requirements and urged staff
to give plenty of notice to property owners to avoid duplicate hook-up costs.
2. RESOLUTION NO. 04-94 - Approving the adoption of an updated Housing
Element of the City's General Plan (City of Atascadero)
Staff provided the background and recommendations. Henry Engen pointed out that
any new items for consideration would have to go back for Planning Commission
review. He suggested that any new matters the City Council may raise could be
referred to the Planning Commission for future amendment.
Doug Davidson compared the 1985 Housing Element with the Draft Revised Housing
Element Update. He summarized the goals of the Housing Element and highlighted
changes made at the Planning Commission level. Mr. Davidson clarified the process
and explained contingencies regarding release of funds for the Community
Development Block Grant (CDBG) for the North County Womens' Shelter. In closing,
Mr. Davidson explained that the Housing Element, if adopted, will remain in place until
1999; at which time it will come back for another round of updates.
Brief Council comments and questions followed.
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Public Comments:
Eric Greening, 7365 Valle, remarked that he supported recommendations made by the
Planning Commission. He suggested that information about how many homeowners
in Atascadero have already paid off their homes might help to reduce mandated
figures. He also proposed consideration of a policy encouraging use of non-traditional,
building materials, (so long as they meet building codes) to create pleasant appearing
homes that are less expensive to construct. He urged adoption of the Housing
Element with the Planning Commission changes, as proposed.
Don Dana, Peoples Self-Help Housing, Inc., thanked staff for cooperation with the
CDBG for the Womens' Shelter and also urged adoption.
Eileen Allan, Acting Director of the North County Womens' Shelter, encouraged
approval of the Housing Element, noting that it is the last hurdle to funding for the
Womens' Shelter.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
find the Negative Declaration to be an adequate environmental
review under the California Environmental Quality Act; motion
passed,4:a
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson adopt
Resolution No. 04-94 and amend the General Plan with an
updated Chapter VI Housing Element; motion carried 4:0 by roil
call vote.
The Mayor called a break at 9:05 p.m. The meeting was reconvened at 9:25 p.m.
D. REGULAR BUSINESS:
1. MILLHOLLIN PIT - Status Report (Cont'd from 12/14/93)
Henry Engen presented background and a status report. The City Attorney noted that
he had provided the City Council with legal considerations under separate cover and
explained that financial assurances had been met. He reported that he had met with
representatives with the County and recommended that the mine continue to be
closed until an interim operation agreement has been negotiated. Mr. Montandon
added that the public would be notified of the terms of the agreement and be given
opportunity for input. He added that the matter would then come back before the
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City Council for final approval.
Mayor Nimmo asked staff to clarify the process. Andy Takata explained that a
community meeting is planned; staff will notice the residents and seek public input.
This meeting, he noted, is tentatively planned to be held at the Lake Park Pavilion at
a date prior to the public hearing scheduled for the latter part of April.
Council questions and comments followed regarding violations and enforcement. Art
Montandon reported that the reclamation plan for the mine is vague and County
ordinances are unclear. He clarified that although the City of Atascadero is the lead
agency, ultimate authority is held by the State of California.
Councilman Luna shared concern there was no legal permit for the mine prior to
County adoption in 1980 and observed that the although the County is allowed to
take 7,000 cubic yards per year, it took 30,000 cubic yards in 1993.
Councilwoman Borgeson asserted that the County has continued to violate terms of
the reclamation plan and it is time for the City to act. She declared that the City
needs to send a message to the County that they are in violation and not acting in the
best interest of the community. Councilwoman Borgeson asked the City Attorney
what kind of enforcement action the City Council can take. Art Montandon re-
emphasized his recommendation to continue negotiations with Mr. Millhollin and the
County for an interim operating agreement. He noted that he was not advocating any
legal action against the mine owner at this time but added that staff can, if so
directed, continue to gather additional information necessary to pursue any available
enforcement action.
Councilman Luna suggested that the staff recommendation be amended to include
direction to the City Attorney to concurrently prepare for legal action.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Staff Recommendations #1 and #2, as amended.
Discussion on the motion: Councilmembers Borgeson and Luna asked for
additional legal clarification. The City Attorney provided an overview of the
public hearing procedure for an application for an amended or revised
reclamation plan and emphasized that if the mine operator does not comply,
certain legal action can be imposed. He also confirmed that knowledge of any
violation does not require the City to act within a certain time frame.
Councilwoman Borgeson shared concern that the State may assume the City
is not taking appropriate action and asked if it [the State] could step in because
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of the City's failure to do something. Art Montandon indicated that the State
- does have this kind of authority.
Andy Takata, responding to additional inquiry from Councilwoman Borgeson,
capsulized County actions with regard to the amount of rock taken from the
quarry and noted that excess operations, particularly during the month of
December 1993, were executed without taking into account environmental and
traffic impacts to the neighborhood.
Individual comments followed. Councilmembers Borgeson and Luna voiced
disapproval regarding the County's mining activity. They agreed that there
should be enforcement action for violations of the reclamation plan. Mayor
Nimmo and Councilman Bewley indicated that they were prepared to support
the motion as stated.
Vote on the Motion: Motion to approve Staff Recommendations #1 and #2, as
amended passed 4:0 by roll call vote.
Public Comment:
Dale Ikeda, legal counsel for Mr. Millhollin, asked the Mayor if public testimony was
going to be received. Mayor Nimmo replied that this matter had not been noticed as
a public hearing and that no public comments would be taken.
The City Manager noted that the matter of the interim operating agreement would be
back for City Council consideration on April 26, 1994.
2. RESOLUTION NO. 15-94 - Awarding three-year Dial-A-Ride contract to
Mayflower Contract Services
Henry provided the background and staff recommendation to approve. Valerie
Humphrey responded to questions from Council regarding the change-over from one
company to the other and how it will affect transit employees. She clarified various
aspects of the bid request, including cost comparisons and staff's assessment that
a full-time manager is necessary. In addition, Ms. Humphrey reported that the new
telephone system recently purchased for Dial-A-Ride belongs to the City and will be
used by new contractor.
Public Comments:
Irwin Rosenberg, Executive Vice-President Medi-Ride Inc., clarified his company's
proposal and asked the City Council to take his comments into consideration.
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John Mosten, representing Mayflower Contract Services, guaranteed all current
employees will be hired, subject to his firm's company standards, and reported that
salaries will be equal to or greater than what is currently being paid. He asked the
Council to base their judgment on the bids specifications.
Phil MacQuire, Regional Manager DAVE Transportation, outlined the basis for his
company's proposal and noted that the City was dealing with a known quality. He
indicated that DAVE was willing to extend the present contract as long as necessary
to make for a smooth transition.
Judy Dire, DAVE employee and resident, asked the City Council to support DAVE
Transportation.
---End of Public Testimony---
Councilman Luna indicated that he was impressed with all the firms who responded.
Councilwoman Borgeson asked staff to send a letter of recommendation regarding the
levels of services provided by DAVE.
MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to
approve Resolution No. 15-94 to award a three year contract for
Dial-A-Ride services to Mayflower Contract Services, Inc. as the
lowest responsive bidder; motion carried 4:0 by roll call vote.
3. ORDINANCE NO. 275 - Authorizing Charitable Organizations to Conduct Bingo
Games.
MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to
adopt on second reading Ordinance No. 275, motion carried 4:0
by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Clerk
Lee Price announced that the nomination period for the June 7, 1994 Municipal
Election had been extended to March 17, 1994.
2. City Manager: Proposed joint meeting with Planning Commission re:
Capital Improvement Program -
Andy Takata suggested Tuesday, March 15, 1994 at 7:00 p.m. for a joint workshop
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with the Planning Commission regarding the Capital Improvement Plan. He mentioned
that staff was planning to conduct a workshop on recent revisions to the Ralph M.
Brown Act, but noted no date was yet set.
AT 10:38 P.M., THE CITY COUNCIL ADJOURNED TO MARCH 15TH AT 7:00 P.M.
FOR PURPOSES OF MEETING WITH THE PLANNING COMMISSION IN A JOINT
WORKSHOP REGARDING THE CITY'S CAPITAL IMPROVEMENT PLAN.
MINUTES RECORDED AND PREPARED BY:
[—E9 PRICE, City. Clerk
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