HomeMy WebLinkAboutMinutes 081297 Meeting Date: 8/26/97
Approved as submitted
ATASCADERO CITY COUNCIL
AUGUST 12, 1997
MINUTES
6:30 P.M. - CLOSED SESSION:
1. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Sec. 54957.6)
Agency negotiator: Roy Hanley
Employee organizations: Mid-Management/Professional, Atascadero Fire Captains,
Atascadero Firefighters, Service Employees Intl. Union Local 620
Closed Session was adjourned at 6.52 p.m.
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:02 p.m. and Councilman Carden
led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk
Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, City Attorney;
Steve DeCamp, Acting Community Development Director; Brady
Cherry, Community Services Director; Lt. Bill Watton, Acting Police
Chief; Mike McCain, Fire Chief; John Neil, Assistant City Engineer;
Rachelle Rickard, City Accountant.
COUNCIL COMMENTS
Councilman Luna stated that a member of the community has made scurrilous comments
about his FPPC disclosure statement. He explained that this citizen claims that
Councilman Luna should disclose his salary from Cal Poly. Councilman Luna wanted to
make it clear that Cal Poly is a State institution and that the Government Code Section
82030 states that reportable income does not include salary received from a state
government agency (see Exhibit A).
Councilman Lerno stated that he wanted to clarify that he asked the Council to review the
tree ordinance and that it had nothing to do with Joan O'Keefe or Kelly Gearhardt. He
explained that he doesn't feel the tree ordinance is working for the purpose and intent that
it was established. Councilman Lerno said that he thought the tree ordinance could be
simplified and yet secure the preservation of the healthy urban forest that enhances the
value of life, clean air, and soil conservation.
Councilman Clay announced that on October 1, 1997, the Atascadero School District, the
Atascadero Youth Task Force and the City are going to start a youth program. It will
operate from 3:00 p.m. to 6:00 p.m., 5 days a week. The School District has committed
$6,000, the Youth Task Force has committed $6,000 and they're expecting some money
from the City also. It will be called REC (Recreation, Education and Counseling).
Councilman Carden asked Brady Cherry if the REC was a budgeted item. Mr. Cherry
responded that it is not a budgeted item. He recommended that it be considered at the
mid-year budget or through some special action of the City Council.
Mayor Johnson announced that he has asked the City Manager to give a report at the end
of the meeting concerning the EI Camino Real roadwork problems that occurred last week
and how we are going to deal with these types of problems in the future. He also wanted
to thank Brady Cherry and others on the City staff who assisted in resolving the problem
caused by the contractor incorrectly notifying all businesses that EI Camino Real was
going to be closed for 2 days during the repairs. Councilman Carden agreed.
COMMUNITY FORUM
Eric Greening, 7365 Valle, stated that the County's Lake Nacimiento EIR is now available
and the comment period will run well into September. He suggested that the City Council
put it on their agenda in the beginning of September for their review. Mr. Greening also
announced that another important EIR coming up is the final EIR on the 3-year Cuesta
Grade construction. He stated that there will be huge traffic impacts during the
construction and he urged the Council to review the mitigations proposed. Mayor
Johnson asked staff to look at the Lake Nacimiento EIR and come back to the Council
with any concerns. Roy Hanley, City Attorney, responded that he and Gary Kaiser had
already begun to review the document and will keep the Council informed.
Richard Moen, 4200 Portola Road, stated that he had been at a Council meeting in
January, 1997 regarding the need of the paving of Portola Road. He explained that he
was told at that meeting that it was going out to bid soon. He asked for an update on the
City's progress. John Neil, Assistant City Engineer, responded that it is a budgeted item
and it will go out to bid next spring. He explained that there are portions that are going to
be overlaid in the next few weeks under the minor road improvement program. Mr. Moen
asked if all of Portola was going to be re-paved. Mr. Neil answered that the original
project was to overlay Portola Road from Carmelita and Ardilla. He explained that he
wasn't sure if there is sufficient funds in the budget to complete that large of segment.
Mr. Neil stated that when the plans are further along, the matter will be submitted to the
Council and the limits of the project will be decided at that time. Mr. Moen asked the
Council to drive Portola Road before any decisions are made.
--end Community Forum--
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - April 22, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - May 13, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
3. CITY COUNCIL MINUTES - June 5, 1997 (Joint SLO County City Councils) [Marcia
Torgerson]
(City Clerk's recommendation: Approve)
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4. CITY COUNCIL MINUTES - July 8, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
5. CITY COUNCIL MINUTES - July 16, 1997 (Closed Session) [Marcia Torgerson]
(City Clerk's recommendation: Approve)
6. CITY COUNCIL MINUTES - July 22, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
7. CITY COUNCIL MINUTES - July 28, 1997 [Marcia Torgerson]
(City Clerk's recommendation: Approve)
8. CITY TREASURER'S REPORT - June, 1997 [Rudy Hernandez]
(City Treasurer's recommendation: Review & accept)
9. PAYMENT OF AUDITED BILLS AND PAYROLL FOR JUNE, 1997 [Rachelle Rickard]
(Staff recommendation: Approve)
10. RESOLUTION NO. 79-97 - Adopting the annual spending limit for Fiscal Year
1997/98 and amending the annual spending limits for Fiscal Years 1994/95,
1995/96 and 1996/97 [Rachelle Rickard]
(Staff recommendation: Adopt)
11. FINAL PARCEL MAP 96017, 3255 ARDILLA RD. - Final approval to divide one 5.78
acre parcel into two parcels of 2.89 acres each for single-family residential use
(Hjortland/Gearhart/Wilson Surveys) [Steve DeCamp]
(Planning Commission/Staff recommendation: Approve)
12. RESOLUTION NO. 81-97 - Authorizing the execution of an agreement with Bank of
Santa Maria for an ATM in the Police Department lobby
[Lt. Watton]
FISCAL IMPACT.• None
(Staff recommendation: Approve)
13. RESOLUTION NO. 80-97 - Authorizing the execution of an agreement with San
Luis Obispo County for Animal Control Services [Lt. Watton]
(Staff recommendation: Adopt)
14. ORDINANCE NO. 331 - Amending Chapter 2 of Title 11 (Subdivision Ordinance) of
the Municipal Code delegating to the Planning Commission the authority to
approve, conditionally approve or disapprove tentative tract and parcel maps
[Steve DeCamp]
(Staff recommendation: Motion to waive reading in full and adopt on second
reading by title only)
15. ORDINANCE NO. 332 - Adding Chapter 15 to Title 7 of the Municipal Code
pertaining to encroachment permits [Steve DeCamp]
(Staff recommendation: Motion to waive reading in full and adopt on second
reading by title only)
Councilman Lerno pulled #A-1 1 because he will need to step down due to a conflict of
interest concerning Mr. Gearhart. Councilman Clay pulled #A-13 for more information.
Councilman Luna pulled #A-3 and #A-14.
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MOTION: By Councilman Carden and seconded by Councilman Luna to
approve items #A1,2,3,4,5,6,7,8,9,10,12, and 15.
Motion passed 5:0 by a roll-call vote.
RE: Item A-3: Councilman Luna pointed out that on page 6 of the Joint Cities meeting,
the top line states that Councilmember Lerno supported the motion. He explained that he
had supported the motion. Marcia Torgerson, City Clerk, stated that she would notify the
City Clerk of Pismo Beach and that she would correct our copy.
MOTION: By Councilman Luna and seconded by Councilman Carden to approve
Item A-3.
Motion passed 5:0 by a roll-call vote.
RE: Item A-11:
MOTION: By Councilman Luna and seconded by Councilman Clay to approve
Item A-11.
Motion passed 4:0 by a roll-call vote[Counci/member Lerno
abstained]
RE: Item A-13: Councilman Clay asked why the $5,000 for spay/neuter was removed.
He also asked if, in the long run, it doesn't cost us more money not to spay and neuter.
Lt Bill Watton, Acting Police Chief, responded that it is a good idea to spay/neuter but
suggested that it could be studied during the mid-year budget review. Councilman Luna
commented that he has always supported spay/neuter and said that he feels it is pound
foolish not to support it. He stated that he knows we had budgeted $5,000 for spay
neuter last year and asked why it was cut this year. Lt. Watton answered that he
believes that the $5,000 was cut last year also. Councilman Luna stated that last year
we budgeted for the $5,000 and asked why we didn't spend it. Rachelle Rickard, City
Accountant, answered that she would have to look into that question and get back to
him. Mayor Johnson confirmed with staff that item A-13 is a separate issue from the
$5,000 issue. Lt Watton stated that the Council can vote on item A-13 and still review
the issue of the $5,000 at a later date. Mayor Johnson asked staff to bring the
spay/neuter issue back to Council at the mid-year budget review.
PUBLIC COMMENT
Daphne Fahsing, 5105 Llano Road, urged the Council to approve the allocation of the
$5,000 for spay/neuter now. She explained how by delaying the spay/neuter program we
incur more costs in the future with more euthanasions. She pleaded with the Council to
make this a priority.
Eric Greening, 7365 Valle, commented that he agreed with Ms. Fahsing.
--end Public Comment—
Councilman Clay stated that he felt it is poor economics not to include the $5,000. Roy
Hanley, City Attorney, stated that the Council cannot take any action to add the $5,000
since it is not on the agenda. He explained that the Council could ask staff to bring the
issue back to you at a future meeting.
MOTION: By Councilman Carden and seconded by Councilman Clay to approve
Item A-13.
Motion passed 5:0 by a roll-call vote.
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RE: Item A-14: Councilman Luna announced that he pulled this item so that he could
vote no.
MOTION: By Councilman Carden and seconded by Councilman Clay to approve
Item A-14.
Motion passed 3:2 by a roil-call vote, with Councilmembers Lerno
and Luna opposed.
B. PUBLIC HEARINGS: No items scheduled.
C. REGULAR BUSINESS: No items scheduled.
D. STATUS OF CITY COUNCIL REFERRALS:
1. TREE ORDINANCE/GUIDELINES REVISION PROCESS [Steve DeCamp]
(Staff recommendation: Establish ad hoc advisory committee)
Steve DeCamp gave a brief staff report. He stated that problems have been identified by
members of the Council, staff and the public. Mr. DeCamp went on to say that the
implementation guidelines seem to be the root of the problems. He said that staff is
prepared to review the ordinance and guidelines and bring back suggested changes for
public hearing to the Council. He suggested that if the Council chose to create an ad hoc
committee to review the tree ordinance, he would recommend it be comprised of a
Councilmember, Planning Commissioner, Native Tree Association, and 2 at-large members.
Councilman Carden stated he does not agree with developing an ad hoc committee
because he feels that each of the Councilmembers have an idea of what they would like
to see in the tree ordinance. He asked that the Council be given a date certain by which
they would need to provide input to staff; then staff would provide a report to the Council
which would include the Council's recommendations.
Councilman Luna agreed with Councilman Carden. He stated that he is only aware of 2
complaints concerning the tree ordinance; 1) trees in the Colony Roads right-of-way and
2) the question of why a developer has to pay for the trees they remove. He pointed out
the example of the Ardilla Road project. He stated that in that case, the courts dictated
what had to happen. He went on to state that if we had not had a tree ordinance that
had some mitigation measures, then the negative mitigated declaration for that project
would have been an environmental impact report, which would have been much more
costly for the developer. Councilman Luna also said that he was not opposed to planting
replacement trees off-site in appropriate areas.
Mayor Johnson agreed with Councilmembers Carden and Luna. However, he felt that it
needs some clarity to avoid confusion.
Councilman Clay stated that trees are an important asset to Atascadero but that he's not
opposed to removing a tree for construction. He stated that he agreed with
Councilmembers Carden and Luna.
Councilman Lerno stated that he agreed with Councilman Carden. He thinks people don't
really understand the tree ordinance. He would like to see a policy of paying into a tree
fund rather than planting replacement trees.
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PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, expressed his hopes that the Council will submit their
own suggestions for changes rather than an ad hoc committee. He also said that he
hoped the Council would include the public in the process.
Eric Greening, 7365 Valle, stated that he agrees with Councilman Carden's proposal.
He said that what's needed here is not to re-invent the wheel, but to find where it
squeaks. He stated that the existing tree ordinance is sound but might need some fine
tuning.
City Clerk, Marcia Torgerson, read into the record a prepared statement of James
Patterson, Certified Arborist, 9312 N. Santa Margarita Road (see Exhibit B). He expressed
his feelings that major revisions of the tree ordinance are unnecessary and could
undermine the effectiveness of the ordinance. He went on to state that the overall
integrity of the document should be preserved.
--end Public Comment--
Council discussion ensued.
There was Council consensus that the Council will submit their comments concerning
areas of concern in the Tree Ordinance to staff before the September 23'°' Council
meeting. Staff will also review the ordinance and will come back to Council with
recommendations based on their review and Council comments.
E. COMMITTEE REPORTS
S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilman Carden
reported that SLOCOG had it's tri-annual process audit and came out with flying colors.
Air Pollution Control District - Councilman Clay reported that he attended their workshop.
Ad Hoc Regional Water Management Committee - Councilman Clay reported that the
North County Water Resource Task Force had a meeting on 8/7/97.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
Councilman Carden stated that he has had more discussions with Supervisor Ryan
regarding the zoo. He said that Mr. Ryan is asking that we come up with a
creative proposal (i.e. JPA, MOU). Brady Cherry responded by explaining that he
had sent Mr. Ryan a letter, signed by the Mayor, earlier this year with no response.
He stated that Atascadero did receive $20,000 from the County this year but
understands that it was a one-time payment. Mayor Johnson asked that staff
continue to look into this issue.
Councilman Carden also stated that he brought up with Supervisor Ryan the
concept of looking at the North County Government Center. He said that the City
of Paso Robles is attempting to float a concept of the need, whether the County is
planning on a North County Government Center or not. He explained that it may
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be a case of the City of Paso Robles marketing a concept before there is a need.
He stated that he would like to see Atascadero come up with a concept now rather
than waiting and being too late.
Councilman Luna stated that the Cuesta Traffic Management Plan Committee, of
which he is a member, is who resurrected the North County Government Center
together with the tele-commuting concept because of the 3-year construction
coming up on Cuesta Grade. He agreed with Councilman Carden that Atascadero
needs to get involved now. Mayor Johnson asked staff to put this issue on the
Council request list.
Councilman Clay said that he wanted to follow-up on what he said at the beginning
of the meeting about the REC. He stated that our youth are our most important
product. He then said the $6,000 for the REC reminds him of the $5,000 for spay-
neuter, as it will save us money in the future. He expressed his pleasure that Mr.
Cherry will be bringing this issue to the Council during the mid-year budget review.
Mayor Johnson announced that the League of California Cities Annual Conference
is October 12" -14`h. He explained that the Council needs to appoint a delegate for
voting purposes at the conference. He asked who was planning on attending.
Councilmembers Clay and Carden said they were attending, along with Mayor
Johnson. Councilman Clay suggested that it should be Mayor Johnson and Mayor
Johnson accepted. Mayor Johnson appointed Councilman Clay as the alternate.
Mayor Johnson also announced that Wade McKinney, the new City Manager, is
trying to put together a date for a Council/City Manager workshop. He asked that
the Council review their calendars and come up with a date. The Council decided
on Wednesday, September 10`h. Staff will contact Mr. McKinney, confirm the date
and notice the Council
2. City Attorney
Mr. Hanley explained that he will be receiving the last 3 signatures on the
settlement agreement between Richard McHale and the City of Atascadero within
the next few days. At that time, the document will be effective and available to the
public.
3. City Manager
Mr. Grogan reported on the problems with the EI Camino Real roadwork that took
place last week. He stated the contractor delivered an erroneous notice to the
businesses along EI Camino Real stating that EI Camino Real would be closed for 2
days. As a result, many business owners were upset and called the City and
Councilmembers to complain. Brady Cherry and John Neil contacted the contractor
and had them arrange to close driveways for only 5 minutes at a time. The
feedback from the business owners, once Mr. Cherry and Mr. Neil intervened, was
positive. They were glad to see road improvements taking place as long as access
to their businesses wasn't cut off. Mr. Grogan stated that we are going to review
our contract procedures and will not allow contractors sending out erroneous
notices to the public; they will have to be reviewed by Mr. Cherry and/or Mr. Neil.
Future contracts will have language specifying acceptable noticing procedures. Mr.
Cherry is writing a letter to the Chamber of Commerce, which they will print in
their next newsletter, explaining the situation. Mr. Grogan also wanted to
commend Mr. Cherry and Mr. Neil for their quick response to the problem.
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Mr. Grogan reported that the State Budget as adopted includes 5100 million for
COPS. Atascadero will receive approximately $58,000.00. He explained that
ERAF is definitely not getting the support it needs. The League is considering a
constitutional amendment to protect our existing sources of revenue that we
receive from the State without being in the budget battle every year. From that
point, they would try to create a coalition to do an initiative themselves. The $.01
sales tax is still being discussed.
Mayor Johnson announced that he will be out of state tomorrow through Sunday and
Mayor Pro Tem Carden will be available.
Mayor Johnson adjourned the meeting at 8:17 p.m.
RECORDED AND PREPARED BY:
Marcia M. Torgerson, City C rk
ATTACHMENTS: Exhibit A - Copy of Overhead - Councilman Luna (Council Comments)
Exhibit B - Prepared Statement, James Patterson, Certified Arborist
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ATASCADERO CITY COUNCIL
August 12, 1997 MINUTES
EXHIBIT A
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DEFINTIONS § 82030
Ch. 2
... pension program paid by any person other than an employer, and including any
community property interest in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes a pro rata share of any income of
any business entity or trust in which the individual or spouse owns, directly, indirectly or
beneficially, a 10 Percent interest or greater. "Income," other than a gift, does not include
income received from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done
business within the jurisdiction. during the two years prior to the time any statement or
other action is required under this title.
(b) "Income" also.does not include:
(1) Campaign contributions required to be reported under Chapter 4 (commencing with
Section 84100).
(2) Sa_ lary and reimbursement for expenses or per diem received .from a State,
local, or federal government agency and reimbursement for travel expenses and per
diem received from a bona fide educational, academic, or charitable organization.
ATASCADERO CITY COUNCIL
AUGUST 12, 1997 MINUTES
EXHIBIT B
James Patterson Certified Arborist
WC-0663 Intemational Society of Arboriculture
9312 N. Santa Margarita Road, Atascadero, CA 93422 (805) 466-2645
Mayor Ray Johnson and Members of the Council,
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422 August 12, 1997
Mayor Johnson and Members of the Council,
I would like to address the issue of the Tree Ordinance/Guidelines review
process which i understand the Council is considering. As an ISA Certified
Arborist, I have had the opportunity to participate in seminars and conferences
throughout the state that deal with urban forest issues. My tendancy has been to
focus on oak woodland issues. Having witnessed the problems encountered by
more densely populated areas relative to forest/tree protection, I feel fortunate
to live in a community that has had the foresight to protect our urban forest
while we still have one. Those who think our ordinance is too restrictive need
only review ordinances from communities who have previously consumed their
forests for a dose of how expensive tree protection andlor replacement can be.
worked closely with Lisa Schicker, former City Arborist, as she drafted
the current ordinance/guidelines. She made every effort to fashion a document
that was in the community's best interest. She took direction from the Planning
Commission, City Council and community and molded it into a policy that I feel
has served us well.
As an arborist, I have written tree protection plans, reviewed and
commented on development documents and consulted with City staff on tree
issues. I have encountered problems with the tree ordinance/guidelines but have
found these problems to be more the result of inconsistant administration and
implementation than with the ordinance itself. While some minor adjustments in
the current policy may be in order, I feel that major revisions are unnecessary
and could undermine the effectiveness of the ordinance. Any review authorized
by the Council should be balanced and focus on areas specifically identified as
needing attention. The overall integrity of the document should be preserved. i
question whether a complete review of the ordinance is even necessary.
Problems that I am aware of could be readily resolved at the staff level. The
Council should move cautiously and carefully in reviewing and revising the
Native Tree Ordinance/Guidelines.
-21 cerely, _
Ar+�cJ¢-ei
James Patterson