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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) CC 08/12/97 Page 2 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. CC 08/12/97 Page 3 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. CC 08/12/97 Page 4 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. CC 08/12/97 Page 5 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 CC 08/12/97 Page 6 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. CC 08/12/97 Page 7 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 CC 08/12/97 Page 8 ATASCADERO CITY COUNCIL August 12, 1997 MINUTES EXHIBIT A - - ::.KATHLEEN. CONNELL, :STATE":C4NTFtOLLR ' •.;' '•`'` "> • - DiliECr PEr?OStT WtAABER,; ". • A TE 0-F . CA'L I.F. R•111 I A 07--•,I5;3.Q31:" DIRECT:DEPOSIT AAV(CE M40U14TbF•+08rrE0 o<x6`I�::EatN%A.' 197-154 :• ::. :..::_....::::::.::::::.... :•::.::::::.:.::::::::;::•: AGENCY tltit7 j• KATHL>~1wH,CONNELL, !:% `s STATE CONTROLLER "it�n ct,angiry ifamunts or(uurxAat:ia:t ti,tior ,iwtuj*i personrial o"Ce.irntt4(s4)atlly ...`•' .. :..•....:trot 4Nose.. ...cki acrouru u110ycar f�►osr.revsirea j Li,r first paymentin.you.CiteiN aoctxYat, . .. ----r 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