HomeMy WebLinkAboutMinutes 042396 Approved as Submitted
Meeting Date: 5/14/96
ATASCADERO CITY COUNCIL
APRIL 23, 1996
MINUTES
INTERVIEW SESSION - 6:00 P.M. W' Floor Club Rm.):
A. Interview applicants to the City's Building & Construction Board of Appeals
(City Clerk recommendation: Conduct interviews)
The Mayor called the meeting to order at 6:00 p.m. Councilmembers Carden,
Johnson and Luna, and Mayor Highland were present; Councilmember Bewley was
absent. The City Council interviewed and considered John Vial and Robert
Reichek for the General Contractor seat on the Board of Appeals. Following the
interviews, the City Council selected, by ballot, John Vial to serve a four-year
term.
B. Resolution No. 27-96 - Appointing two members of the public to the Board
of Appeals
(City Clerk recommendation: Adopt)
MOTION: By Councilman Johnson, seconded by Councilman Luna to
adopt Resolution No. 27-96 and appointing John Vial and
Robert Fisher to the Board of Appeals; motion carried 4:0 by
roll call vote.
CLOSED SESSION - 6:30 P.M. W' Floor Club Rm.):
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of case: Santa Lucia Neighbors Association v. City of Atascadero
2. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union; Confidential Employees
The Closed Session was adjourned at approximately 6:50 p.m. The City Council gave
direction to legal counsel and the labor negotiator.
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REGULAR SESSION - 7:00 P.M.
The Mayor called the meeting to order at 7:02 p.m. Councilperson Bewley led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Brad Whitty, Finance
Director; Lt, Bill Watton, Police Department; Capt. Fred
Motlo, Fire Department and John Neil, Assistant City
Engineer
SPECIAL PRESENTATIONS:
The Mayor proclaimed April 23, 1996 as "Volunteer Recognition Day" and
presented proclamations to Gail Mitchell and Casey Kassay of the CALL Program,
Carol Conway of Retired Senior Volunteer Program (RSVP) and to Alicia Lara, City
Personnel Analyst, on behalf of volunteers from the American Association0
f
Retired People (AARP).
The Mayor read and presented the proclamation for "Day of Prayer", May 2, 1996,
to Joe Dominico and friends representing the Kiwanis Club.
The Mayor proclaimed May, 1996, as "Water Awareness Month". James
Patterson of the Atascadero Native Tree Association accepted the proclamation.
A proclamation for "National Tourism Week" was presented to Jonni Biaggini of
the San Luis Obispo Visitors and Conference Bureau.
COMMUNITY FORUM:
• Millhollin Mine Update
Steve DeCamp reported that processing of the amended reclamation plan is
continuing and remains on track. The City Attorney provided a status report on
related litigation. Councilmember Luna asked if staff was pursuing the
development of a fee that would compensate the City for wear and tear on roads
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pursuant to AB 1600 and if this concept is being considered as part of the
operational agreement. Art Montandon reported that staff, as directed by Council,
is looking into this matter and added that a study, environmental review and public
hearings may be required if AB 1600 is determined to be the vehicle for imposing
the fee. Steve DeCamp advised that staff intends to forward the entire application
packet, including the operational agreement, to the Council and State, and added
that it is anticipated that the State may require approximately 45 days to review
and make its findings.
• Public Comments
Leo Korba, 10905 Santa Ana Road, reported that he had filed an application with
the Public Utilities Commission (PUC) requesting that calls from the North County
to San Luis Obispo be considered a local call and explained that the PUC has
directed Pacific Bell to provide them with data by June of this year. He
commented that he will keep the Council apprised of the progress. Regarding the
Orange County Investment Pool settlement, Mr. Korba asked if monies returned
would be prorated. Andy Takata indicated that they would and stated that the
largest share will go to the Wastewater Fund.
Eric Greening, 7365 Valle, commented that while he is thankful for protective
measures taken to keep vehicles out of Stadium Park, he believes the "keep out"
and "no trespassing" signs are counter-productive. He recommended that the
focus be on blocking vehicle access, not access by the general public who want to
lawfully and legitimately use the park.
A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as
follows:
1. CITY COUNCIL MINUTES - March 26, 1996
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - April 9, 1996
(City Clerk's recommendation: Approve)
3. CITY TREASURER'S REPORT - February, 1996
(City Treasurer's recommendation: Review & accept)
4. CITY TREASURER'S REPORT - March, 1996
(City Treasurer's recommendation: Review & accept)
5. APPROVAL OF WARRANTS FOR THE MONTH OF MARCH, 1996
(Staff recommendation: Approve)
6. RESOLUTION NO. 26-96 - Declaring weeds a public nuisance and
commencing abatement proceedings
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(Staff recommendation: Adopt)
7. RESOLUTION NO. 30-96 - Supporting and endorsing the Regional Water
Management Mission Statement
(Mayor's recommendation: Adopt)
8. RESOLUTION NO. 31-96 - Authorizing the execution of an agreement with
A-Jay Excavating, Inc., to construct the reclaimed water extraction well,
Phase II (Staff recommendation: Adopt)
Councilmember Bewley commented that he would abstain from Item A-2 due to
absence. Mayor Highland pulled item #A-9 for comment and Councilmember Luna
pulled Item #A-2 for correction.
MOTION: By Councilmember Johnson, Councilmember Luna to approve
Items #A-1, 3, 4, 5, 6 & 8; motion passed 5.0 by roll call vote.
Re: A-2. CITY COUNCIL MINUTES - April 9, 1996
(City Clerk's recommendation: Approve)
Councilmember Luna pointed out a correction on page 9 of the Minutes of 4/9/96.
Andy Takata clarified that the escrow costs paid for by the City on the Masonic
Temple/Youth Center were $1,300 not $13,000. The Clerk so noted the error.
MOTION: By CML, seconded by CMJ to approve Item #A-2 as amended,
motion carried 4:0.1 (CMB abstained).
Re: A-7. RESOLUTION NO. 30-96 - Supporting and endorsing the Regional
Water Management Mission Statement
(Mayor's recommendation: Adopt)
Mayor Highland reported that the mission statement had been unanimously
approved by the Executive Committee of the North County Council and would be
forwarded next to the City of EI Paso de Robles, the Templeton Community
Services District and the Atascadero Mutual Water Company, before going on to
the County Board of Supervisors.
MOTION: By Mayor Highland, Councilmember Luna to adopt Resolution
No. 30-96; motion passed 5:0 by roll call vote.
B. PUBLIC HEARINGS:
1. GENERAL PLAN AMENDMENT, 3425/3505 EL CAMINO REAL
A. Resolution No. 16-96 - Approving an amendment to the Land Use
Map by re-designating certain real property at 3425/3505 EI Camino
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Real from Suburban Residential to Moderate Density Single-Family
Residential and including the site within the Urban Services Line
(Planning Commission recommendation: Adopt)
B. Ordinance No. 302 - Amending the official City zoning map by
rezoning certain real property at 3425/3505 EI Camino Real from RS
(Residential Suburban) to RSF-Y (Residential Single-Family Moderate
Density) (ZC 95009/Verheyen)
(Planning Commission recommendation: Motion to waive reading and
introduce on first reading, by title only)
Steve DeCamp provided the staff report and recommendations.
Councilmember Luna summarized the content of a recent memo from Mark
Markwort, Chief of Wastewater Operations, about over-burdening the sewer
system. He commented that this application and one presented at the last Council
meeting appear to be in conflict with Mr. Markwort's recommendation. Steve
DeCamp reported that while staff and the Planning Commission are wrestling with
concerns about development and its impact on sewer, it has been determined that
some select projects may be approved because the sewer is not yet at full
capacity. He confirmed that Mark Markwort had reviewed the impact of this
project and had determined that it would not burden the system. John Neil
commented that staff has selected a consultant to begin the plant upgrade design
and suggested that it may be time to develop a sewer master plan. He added that
he is expecting a report from the consultant within the next sixty days reflecting
recommendations about what improvements can be done with the funds the City
has so far.
Public Comments:
James Patterson, 5312 Santa Margarita Road in Atascadero, shared concern that
expanding the Urban Services Line (USL) might accelerate the need to make the
plant improvements before the City can financially afford to do the project,
especially if the Regional Water Quality Control Board mandates those
improvements. He also speculated that properties within the USL, should they
later wish to connect, could find there isn't adequate capacity.
Denny Peters, representing the applicant, spoke in favor of approval and reported
that the project adds only a small trickle to the waste stream.
Leo Korba inquired if staff collects data revealing how much sewage each
customer is depositing into the system. The City Manager reported that staff is
working with Atascadero Mutual Water Company to devise a fair way to determine
the information by comparing water use, but added that the water company has
expressed concern about protecting private information. Mr. Takata noted that a
study was conducted, however, and an average residential use was determined.
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This information, he concluded established a method by which consumers can
conduct a comparison.
---end of public testimony---
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to approve Resolution No. 16-96; motion carried 4:1
(Luna, opposed).
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to waive the reading in full and introduce Ordinance No.
302 on first reading; motion passed 4:1 (Luna voting in
opposition).
Andy Takata mentioned that staff will be bringing back to Council an item relating
to the cost estimates on the plant upgrade. Councilmember Luna asked if the
information would include a sewer master plan. John Neil indicated that the
master plan has not yet been initiated and emphasized that what staff anticipates
presenting are the plans for the wastewater treatment facility upgrade.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 28-96 Authorizing an agreement to assign causes of
action for the collection of unpaid tipping fees (would authorize the
Integrated Waste Management Authority (IWMA) to initiate litigation against
the City of EI Paso de Robles on behalf of the City of Atascadero)
(Staff recommendation: Review, consider & direct staff as appropriate)
MH reported that a written request to continue had been received from the IWMA
because settlement negotiations have resumed. He commented that he was not
inclined to support the request. Councilmember Luna argued in favor of granting
the continuance because the request is from an agency in which the City is a
member. Brief discussion ensued. There was consensus to continue the matter
at the request of the IWMA. .
The Mayor called a ten-minute recess at 7:57 p.m.
2. DISCUSSION OF METHOD OF SELECTING CITY TREASURER
(City Clerk recommendation: Provide direction)
The City Clerk summarized the report, as presented. Councilmember Luna
commented that the voters had already decided this issue in 1980 and asserted
that there is no need to spend the money to confirm something the citizens have
already decided.
Public Comments:
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Rush Kolemaine, 4850 Potrero Road, remarked that the former election was before
citizens learned that there are no qualifications for treasurer. He stated that the
treasurer's job is a highly technical position that requires knowledge about
finances. He pointed out that the City Clerk is also an elected position that
requires qualifications above and beyond simply being a registered voter and
resident of the City. Mr. Kolemaine spoke in favor of both positions being
appointed and suggested that the Council consider a position like "City Auditor"
which would supervisor the two critical positions of Clerk and Treasurer.
Kathleen Daly, 10650 Colorado Road, observed that the citizens of Atascadero
have voted for qualified candidates for the City Council, Clerk and Treasurer every
election year since 1982 and spoke in favor of continuing that process. She noted
that the City of Paso Robles had placed the question on the ballot in 1994 and the
people preferred by 57% to maintain an elected Clerk and Treasurer.
Eric Greening commented that he appreciates the opportunity to elect the treasurer
and disapproves of placing the matter on the ballot because of the cost involved.
He suggested that the City is not likely to recruit someone for the position for less
than $200 per month and stated that he feels the fiscal analysis in the staff report
was deficient because it does not estimate the cost of paying the salary of an
appointed City Treasurer.
Dorothy McNeil, 8765 Sierra Vista, spoke in favor of maintaining an elected
Treasurer and suggested that the Council cannot hold any past or present
treasurer responsible for the Orange County Investment Pool debacle. She added
that people feel better by having an elected treasurer because it prevents creative
accounting.
Leo Korba said that it doesn't matter if the position is elected or appointed as long
as the individual is good at what they do. He observed that an appointed
treasurer answers to city staff and the Council; an elected treasurer reports
directly to the citizens at-large.
---end of public testimony---
Council discussion followed. Mayor Highland commented that there can be
problems with either one (elected or appointed) and stated that Robert Citron
(Orange County Treasurer) was elected five times. Councilmember Luna pointed
out that the Orange County Board of Supervisors are elected and are also
responsible. He indicated that the Council adopts an investment policy and
emphasized that the City Treasurer does not act entirely on his/her own. Mayor
Highland agreed that responsibility regarding investments lies with City Council
and explained that with the changes Council has made in the policy, he is
comfortable with what the present arrangement. There was consensus to take no
action to change the method by which the treasurer is selected.
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3. ORDINANCE NO. 303 - Amending the official Zoning Ordinance text to
create a new land use description of "mini-storage", designate "mini-storage
facilities", "vehicle and equipment storage" and "recreational vehicle parks"
as conditional uses in the Public zone and to revise the side setback
requirements of the Public zone
(Planning Commission recommendation: Motion to adopt on 2"°' reading, by
title only)
Councilmember Bewley stepped down from deliberations due to hisabsenceat the
previous meeting. Steve DeCamp provided the report and recommendation to
adopt on second reading.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to adopt Ordinance No. 303 on second reading by title only;
motion passed 4:0 by roll call vote.
Councilmember Bewley returned to the dias.
4. ORDINANCE NO. 304 - Amending Chapter 13 to Title 6 of the Atascadero
Municipal Code relating to the removal of weeds, rubbish and similar
materials
(Staff recommendation: Motion to adopt on 2nd reading by title only)
Fred Motlo, Fire Captain, summarized the revisions and emphasized that the new
ordinance provides for year-round abatement.
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to adopt Ordinance No. 304 on second reading by title
only; motion passed 5.0 by roll call vote.
5. FINANCE DIRECTOR'S REPORT - Year-to-date ending March 31, 1996
(Staff recommendation: Approve)
This item was continued at the request of staff.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary.):
1. Air Pollution Control District - Mayor Highland reported on the meeting of
April the 10th at which time action was taken to approve the addition of one
dollar to vehicle registration fees for the County.
2. North County Council - Mayor Highland reported on the meeting of April the
18th and announced that the Executive Committee would meet next on May
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17th.
3. Ad Hoc Regional Water Management Committee - Mayor Highland reported
that the committee will meet the first Thursday in May.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Bewley requested a status report on the revised skateboard
ordinance requested by the City Council. Andy Takata noted that the item will be
on the Council's agenda the first meeting in June.
2. City Manager
May 1, 1996 was selected as the date for the Finance Committee to meet to
review the City's budget at mid-year.
At 8.37 p.m., the meeting was adjourned. The Atascadero City Council will at
7:00 p.m. Thursday, April 25, 1996, Embassy Suites, San Luis Obispo jointly with
the City Councils of the Cities of Paso Robles, San Luis Obispo, Morro Bay, ,Pismo
Beach, Arroyo Grande and Grover Beach for the purpose of discussing issues of
mutual concern.
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MINUTES 7REjCQrR7DNtPREP RED BY:
LEE PRICE, CALC
CITY CLERK
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