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HomeMy WebLinkAboutMinutes 082697 Meeting Date: 9/23/97 Approved as submitted ATASCADERO CITY COUNCIL AUGUST 26, 1997 MINUTES 6:30 P.M. - CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (G.C. Sec. 54956.9(a) ) Name of case: Greene v. Atascadero Mayor Johnson adjourned the Closed Session meeting at 6:45 p.m. Roy Hanley, City Attorney announced that there was no action taken. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called the Regular Session to order at 7:00 p.m. and 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; Mike McCain, Fire Chief; Valerie Humphrey, Staff Assistant; Doug Davidson, Senior Planner; Rachelle Rickard, City Accountant and Sgt. John Couch. SPECIAL PRESENTATION: Robert Grogan, Interim City Manager Mayor Johnson presented Mr. Grogan with a plaque which was inscribed, "Presented to Robert F. Grogan, Interim City Manager, from 2/97 to 8/97 for your sage leadership in strengthening the City's organizational and financial foundation, pointing Atascadero in a positive direction." Mr. Grogan thanked Mayor Johnson and all of Atascadero for the rewarding experience of working for the City of Atascadero. COUNCIL COMMENTS Councilman Luna expressed his thanks to staff for using recycled paper. He asked that his thanks be passed on to all the staff. Councilman Luna also stated that since we now have a sidewalk fund and an encroachment ordinance, we should start implementing the walk to school program, possibly starting at the San Benito School. He said that he had heard that there was a possibility that the sidewalk fund could not be legally used for such a program. Councilmember Luna asked staff to research the legality of using the sidewalk fund. Brady Cherry responded that the ball is in the court of the Atascadero Unified School District. He explained that the City has asked them to prepare a prioritized list of projects, which they haven't done. Mayor Johnson announced that he will be meeting with the new superintendent of schools in a few weeks and he will bring this topic up with him. Councilmember Carden talked to Mike Clark, principal of San Gabriel School, who explained that, as of last year, the PTA's had reviewed the lists and they feel the ball is in the City's court. Mayor Johnson asked staff to research the issue and report back to Council. Councilmember Lerno stated that the City/School Committee hasn't met in months. Mayor Johnson stated he will mention that to the superintendent. Councilman Carden expressed his appreciation to Chief McCain on the handling of the Pine Mountain fire. He also thanked Chief McCain for calling the Councilmembers to inform them of the status of the fire so that they could respond to calls received from citizens. Mayor Johnson also expressed his thanks that Chief McCain had reported to the Council a month ago that he had negotiated a deal with the State that they would pay for air drops. He stated that he would be glad to send a letter of thanks to the other agencies that were involved. Councilmember Clay announced that the Youth Center will be starting 10/1/97, from 3:00 to 6:00p.m. COMMUNITY FORUM Rush Kolemaine, P.O. Box 1990, thanked Councilmember Luna for bringing up suggested routes to school. He encouraged Councilmember Lerno to pursue the issue at the City/School Committee meetings. Dennis Schmidt, 8675 Santa Rosa Road, a member of Traffic Committee, and lives next to Santa Rosa Elementary School. He suggested that the City invite the PTA's to the Traffic Committee meetings. He also said that since the routes have been designatedAlso, he expressed his concerns of the realignment of Highway 41, especially in regards to the bridge at Stadium Park. Councilmember Luna asked Steve DeCamp who is responsible for monitoring the mitigation measures in the EIR for the Highway 41 realignment. Mr. DeCamp responded that CalTrans was responsible. There was discussion by Council of the appointed committee and its' function. Councilmember Clay stated he was on that committee and that sound barriers are not required by Stadium Park as there is a mountain between the park and the highway. There was also discussion of whether there was any benefit to continuing the committee. Mayor Johnson asked staff to look into the issue of the Highway 41 realignment mitigations and bring the item back to the Council for discussion and/or action. Ann Ketcherside, 9012 La Lina, complimented Council on a job well done. She shared a story of a man whom she felt was abused and harassed by the police department. She also expressed her concern that the businesses located near the Carlton Hotel are being charged fees by the City of Atascadero. Mayor Johnson responded that the fees are charged by the BIA, not the City. He asked Roy Hanley to check with the police department and relay any pertinent information to the Council. CC 08/26/97 Page 2 Eric Greening, 7365 Valle, thanked Chief McCain for the fire fighting efforts on Pine Mountain. He also thanked Mr. Grogan for his calm stewardship. Mr. Greening stated his concerns of discontinuing the committee for the Highway 41 realignment. He asked why the City can't spend money already set aside for safe routes to school program. He reminded the Council that the Lake Nacimiento EIR public comment deadline is 10/15/97 (to the County Planning Department). He suggested that Council have public hearing at the 9/23/97 meeting. Mayor Johnson directed Steve DeCamp to make sure that the Lake Nacimiento E/R is scheduled on the September 23, 1997 City Council agenda. --end Community Forum— A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - May 27, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - June 10, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES - August 12, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 4. TENTATIVE PARCEL MAP 96015, 5075 TRAFFIC WAY - Consideration of final parcel map to create five airspace condominium units within three industrial buildings currently under construction (Gearhart/Cannon Associates) [Steve DeCamp] (Staff recommendation: Accept) 5. PAYMENT OF AUDITED BILLS AND PAYROLL - JULY, 1997 [Rachelle Rickard] (Staff recommendation: Approve) 6. RESOLUTION NO. 77-97 - Authorizing the execution of an agreement with Hope Lutheran Church of Atascadero for lease of the Lake Pavilion on Sunday mornings 9/8/97 - 8/31/98 [Brady Cherry] (Parks & Rec. Commission recommendation: Adopt) 7. RESOLUTION NO. 78-97 - Authorizing the execution of an agreement with Christ the King reformed Episcopal Church for lease of the Rotunda Room on Sunday mornings 9/8/97 - 8/31/98 [Brady Cherry] (Staff recommendation: Approve) 8. RESOLUTION NO. 83-97 Awarding a. contract to Nelson/Nygaard Consulting Associates for preparation of an implementation plan for fixed route transit service [Brady Cherry] (Staff recommendation: 1) Adopt Short-Range Transit Plan as modified by citizen & SLOCOG comments, and 2) adopt Res. 83-97) 9. RESOLUTION NO. 84-97 - Authorizing certain City representatives to execute State Office of Emergency Services Documents for certain financial assistance [Rachelle Rickard] (Staff recommendation: Adopt) CC 08/26/97 Page 3 Mayor Johnson pulled item A-4 and stated that Councilmember Lerno would be stepping down on the item due to a potential conflict of interest. Mayor Johnson also pulled item A-8 for Rush Kolemaine. Councilmember Clay pulled items A-6 & A-7. MOTION: By Councilmember Luna and seconded by Councilmember Clay to approve items A-1, 2, 3, 5, and 9. Motion passed 5:0 by a roil-call vote. MOTION: By Councilman Luna and seconded by Councilmember Carden to approve item A-4. Motion passed 4:0 by a roll-call vote aerno abstained). RE: Item A-6 & A-7: Councilmember Clay asked Brady Cherry some questions about the leases proposed. MOTION: By Councilmember Clay and seconded by Councilmember Luna to approve items A-6 & A-7. Motion passed 5.0 by a roll-call vote. RE: A-8: Rush Kolemaine referred to a prepared statement he submitted on this item (see Exhibit A). He asked that the questions asked in his statement be answered. Brady Cherry responded to his questions and stated that there are many reasons for this implementation plan, including determining the fixed route, and the cost of the fixed route. Councilmember Carden asked about the $700 for final presentation; does that include only one meeting. Mr. Cherry responded that it did only include one meeting and any additional meetings required would be billed seperately as shown in Exhibit B of Item A-8. Eric Greening, 7365 Valle, stated that he agreed with some of Mr. Kolemaine's concerns. He stated that public meetings should be set so that those who use the transit system can attend. Mr. Greening said that he felt the City should explore coordination with the school district and contribution from the school district. Councilmember Clay asked additional questions of Brady Cherry and Council discussion continued. Councilmember Carden asked why there isn't a retention clause in the contract. Valerie Humphrey answered that the consultant will issue an invoice at the end of the project. Councilmember Carden expressed concern that the contract does not include language that allows the City to determine the end of the project based on our satisfaction with the work. Mayor Johnson asked Roy Hanley to express his opinion. Mr. Hanley stated that he felt the Council could authorize the contract based on the inclusion of a paragraph authored by him to be included. MOTION: By Councilmember Carden and seconded by Councilmember Lerno to approve Resolution 83-97 and give Roy Hanley, City Attorney, the authority to develop a City satisfaction or retention clause. Motion passed 5.0 by a roll-call vote. Roy Hanley pointed out that the agenda asked for two actions; 1)Adopt Short-Range Transit Plan andd 2)adopt Res. 83-97. CC 08/26/97 Page 4 MOTION: By Councilmember Carden and seconded by Councilmember Clay to approve item A-8 and give Roy Hanley, City Attorney, the authority to develop a City satisfaction or retention clause. Motion passed 5:0 by a roil-call vote. B. PUBLIC HEARINGS: 1. CONSIDERATION OF REQUEST TO ADD "UTILITY FACILITIES" TO THE LIST OF CONDITIONALLY ALLOWED USES IN THE DOWNTOWN COMMERCIAL ZONE AND SUBSEQUENTLY REMOVE AN EXISTING 65' LATTICE TOWER AND CONSTRUCT A NEW 65' MONOPOLE FOR TELECOMMUNICATION SERVICES IN THE TOURIST COMMERCIAL DOWNTOWN OVERLAY ZONE [Steve DeCamp] A. Ordinance No. 333 - Amending the Zoning Ordinance text by adding "Utility Facilities" to the list of conditionally allowed uses in the downtown commercial zone (ZC 97004/Nextel Communications, Inc.) (Introduction & first reading) (Planning Commission/Staff recommendation: Introduce on 1' reading) B. Conditional Use Permit 97009 (Planning Commission/Staff recommendation: Approve based on Findings and Revised Conditions of Approval) Doug Davidson gave the staff report. Councilmember Luna asked if we can restrict the number of antennas. Mr. Davidson said yes, we just can't prohibit them We can restrict the number of antennas in any given area. Councilmember Clay asked why we have to tear down the old sign pole. Steve Decamp responded that the downtown plan considered the pole for a City sign, however, the property owner has not been receptive to the City. --No Public Comment-- MOTION: By Councilmember Luna and seconded by Councilmember Carden to approve the Negative Declaration as adequate. Motion passed 4:1 by a roll-call vote (Clay opposed). MOTION: By Councilmember Luna and seconded by Councilmember Carden to adopt Ordinance No. 333 and waive the reading in full and introduce it on first reading by title only. Motion passed 4:1 by a roll-call vote (Clay opposed). MOTION: By Councilmember Luna and seconded by Councilmember Lerno to approve Conditional Use Permit 97009 based on Findings and Revised Conditions of Approval. Motion passed 4:1 by a roll-call vote (Clay opposed). It was noted by Mayor Johnson that the first motion on the Negative Declaration was not necessary as the Planning Commission had already taken care of that issue. CC 08/26/97 Page 5 2. REVISION TO THE 1995 CDBG PROGRAMS [Steve DeCamp] (Note: This item was reviewed and approved by the City Council via Res. 11-97 on 2/11/97. The hearing is being held again to ensure compliance with the 30-day notice required by federal guidelines) A. Resolution No. 68-97 - Approving the reallocation of $5,000 in the 1995 CDBG allocation from the Kids Daycare Program to the preparation of ADA reports (Staff recommendation: Adopt) B. Resolution No. 69-97 - Authorizing the execution of an agreement with Phillips Metsch Sweeney Moore Architects for preparation of the City's Self- Evaluation and Transition Plan reports (Staff recommendation: Adopt) Doug Davidson gave the staff report. He explained that when the evaluation and transition plan went out to bid, the best overall bid was approximately $5000 overbudget. He went on to state that after a noticed public hearing on February 11, 1997, the Council approved the transfer of $5000 in CDBG funds from the Kids Daycare Program to this ADA evaluation plan. Upon review by HUD staff, it was learned that this change in funding should have been approved as a "formal amendment" versus a minor modification. Formal amendments require a public hearing with at least a 30-day notice. This item was noticed on July 17, 1997. Other than the notice time period, this action is identical to that taken by the Council on February 11, 1997. --No Public Comment-- MOTION: By Councilmember Luna and seconded by Councilmember Carden to adopt Resolution No. 68-97. Motion passed 5:0 by a roll-call vote. MOTION: By Councilmember Luna and seconded by Councilmember Carden to adopt Resolution No. 69-97. Motion passed 5:0 by a roll-call vote. C. REGULAR BUSINESS: 1. REFUNDING THE 1989 CERTIFICATES OF PARTICIPATION [Rachelle Rickard] (Staff recommendation: Authorize refunding) Rachelle Rickard gave the staff report. She explained the City's opportunity to refinance the COP's at a lower interest rate. The current interest rate is 7.4% - 7.8%. Ms. Rickard recommended the Private Placement option as it would generate a larger savings. She explained that overall the City will realize a total cash savings of approximately $211,000.00, a net present value savings, which takes into account the time value of money, of $101,000.00 and a reduction of annual debt service payments of $30,000 to $40,000 each year. She asked the Council for a Minute Order authorizing the refunding of the 1989 COP's pursuant to the refunding proposal submitted by W.J. Fawell/Municipal Leasing. Councilmember Luna commented that we should have done this sooner and that he's glad we have Rachelle Rickard and Bob Hossli to look into these kinds of issues. Mayor Johnson agreed. CC 08/26/97 Page 6 --No Public Comment-- MOTION: By Councilmember Luna and seconded by Councilmember Carden to authorize a Minute Order for the refunding of the 1989 Certificates of Participation pursuant to the refunding proposal submitted by W.J. Fawell Co./Municipal Leasing Associates dated July 30, 1997. Motion passed 5.-0 by a roll-call vote. D. COMMITTEE REPORTS S.L.O. County Mayors Group Mayor Johnson explained that the mayors had a briefing from PG&E concerning Diablo Canyon's downsizing plan. He explained that at the Joint Cities meeting it was decided that the individual cities needed to review the Depreciation of taxing issue. Also, the Transit Funding Group is researching for specialized funding for transportation and road issues. He also said that the mayors asked if we would be willing to host the January 1998 Joint Meeting of City Councils. He has told them tentatively, yes. Economic Round Table Mayor Johnson stated that the Private Industry Council gave a briefing of the impact of welfare changes that will be in effect January 1998. Welfare recipients will have 5 years to get a job and get off welfare. This will have a significant impact of the job market. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Councilmember Clay expressed his appreciation to Bob Grogan. He also suggested that the City develop an independent citizen review committee to investigate serious complaints of the police department or any other department in the City. Councilmember Luna asked Roy Hanley what the procedure is for complaints. Mr. Hanley said there is no procedure except for the Council to direct him to investigate a particular issue. Councilmember Luna said that a complaint should be required to be in writing. Councilmember Carden suggested involving the Risk Management Committee. Mayor Johnson asked Mr. Hanley to bring back to Council his recommendation for a procedure for handling complaints of City departments. City Attorney Roy Hanley thanked Bob Grogan for his leadership of the last six months. City Clerk Marcia Torgerson thanked Bob Grogan as she was newly appointed when he arrived and appreciated his help and advice. City Manager Bob Grogan expressed his appreciation for the kind comments. He then reported on recent legislation. Mayor Johnson thanked Mr. Grogan for keeping the Council up to date on recent legislation and getting letters out to the State expressing our position on current issues. CC 08/26/97 Page 7 Mayor Johnson reminded the Council of upcoming meetings; 9/9/97 Regular Council Meeting, 9/10/97 Council Workshop, 9/19/97 League Dinner Meeting - Buellton, 10/12/97 League Conference - San Francisco. Brady Cherry invited the Council to a Farewell Luncheon for Bob Grogan this Thursday, 8/28/97, at 12:00 p.m. at the Police Department. Also, he invited the Council and their families to a Welcome to the New City Employees Barbecue at the Lake Park on Wednesday, 9/10/97 at 6:00 p.m. Mayor Johnson adjourned the meeting at 8:48 p.m. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk ATTACHMENTS: Exhibit A - Rush Kolemaine, prepared statement CC 08/26/97 Page 8 EXHIBIT A City Council Minutes 8/26/97 'N V ® Item #A-8 Ulu IVI-ET-STI TO: Atascadero City Council FROM: Rush Kolemaine DATE: 26 August 97 SUBJ: 8/26/97 Agenda Item A-8 Gentlemen: 3. Specifically, the Council, City Manager and the With regard to the above item, 1 assume the Director of Community Services may find Council is aware of my personal long-standing deep themselves better provided in the end result if: concern about municipal transit within the City of Atascadero, my efforts earlier this year to spark (a) "Fixed route issues" (Exhibit A-#1) can be defined greater public awareness of public rights with regard to the satisfaction of the prior public input obtained to public mass transit and the hundreds of hours I earlier this year, taking into consideration have devoted toward assisting the City to evaluate parameters previously established. the extent of public needs. (b) "Stakeholders meetings" (ExhibitA -#3, Exhibit B I am here providing the Council with my -#3) can be better defined with the following comments and observations regarding this agenda questions answered and incorporated into the item in order to reassure myself that our City is contractors requirements: continuing on track in establishing an adequate municipal transit system serving all citizens. -Why and how will two stakeholders meetings be conducted in a single day in The following are the considerations I hope Atascadero ? the Council will take note of and take such action as might be appropriate to insure the City will - By whom will such meetings be successfully reach it's goals. facilitated ? 1. Please note that although described as the "final -Where will such gatherings occur ? draft"of the SRTP, the document provided to the Council on 19 March was in fact continually - How will the public be advised of such revised and corrected as recently as last July as the opportunity to participate ? result of discrepancies and errors incorporated by the SLORTA consultants (Nelson\Nygaard) and the - lwhom and how will public input be collected actual final draft, or version, has as yet not been ected ? provided the Council nor made available publicly. Respectfully, 2. Given these as yet unresolved problems within O the SRTP, it would seem appropriate to require the City Manager, as provided in specification#2 of the proposed Resolution 83-97, to be also authorized to make further corrections and/or modifications within the agreement to the end the contractor fully meets the needs of the City and the transit-using public at large.