HomeMy WebLinkAboutMinutes 090997 Meeting Date: 9/23/97
Approved as submitted
ATASCADERO CITY COUNCIL
SEPTEMBER 9, 1997
MINUTES
6:30 P.M. - CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Attorney
Employee organizations: Mid-Management/Professional, Atascadero Fire Captains,
Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Sergeants
Service Orgn., Atascadero Police Officers Assoc., Atascadero Public Safety Technicians
Orgn.
Mayor Pro Tem Carden adjourned the Closed Session meeting at 7:10 p.m. and Roy
Hanley, City Attorney, announced that there was no action taken.
7:00 P.M. - REGULAR SESSION
Mayor Pro Tem Carden called the Regular Session meeting to order at 7:15 p.m. and
Councilmember Clay led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Clay, Lerno, Luna and Mayor Pro Tem Carden
Absent: Mayor Johnson
Others Present: Marcia M. Torgerson, City Clerk
Staff Present: Wade McKinney, 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; Rachelle Rickard, Accountant; and Mark
Markwort, Chief Wastewater Operator.
COUNCIL COMMENTS
Councilmember Clay expressed concern for the proposed boy's home that was in front of
the Planning Commission last week. He questioned our noticing procedures. Steve
DeCamp responded that we comply with the government code requirement.
Councilmember Clay asked if the City could look into extending the 300 ft. minimum for
noticing. Mr. DeCamp responded that he would be happy to review the issue with Roy
Hanley and come back with a report. He also announced that he will be participating in a
Swimathon one week from next Saturday and asked for sponsors.
Councilmember Carden announced that he has handed out a challenge to the Council and
City Staff asking for additional adult involvement in PTA and schools.
PROCLAMATIONS:
• "U.S. Constitution Observance Month", September 1997 [California Masons]
Fire Chief Mike McCain accepted the proclamation.
SPECIAL PRESENTATION:
Fire Chief Mike McCain was presented with a letter from the Mayor for his outstanding
performance and service (see Exhibit A).
Mayor Pro Tem Carden introduced the new City Manager, Wade McKinney, to the public.
COMMUNITY FORUM
Mike Hoover, General Manager, Chicago Grade Landfill, thanked both the citizens of
Atascadero and the Council for their continued business relationship with the Chicago
Grade Landfill. He also stated that the City Staff should be commended on the
negotiation of the contract that is going to result in a 33% reduction of the unit cost of
biosolids disposal. That is a $7,000 savings from the City's biosolids disposal costs from
2-3 years ago.
Eric Greening, 7365 Valle, announced there will be a public informational meeting at the
Pavilion on the Lake Nacimiento project on Wednesday, September 10, 1997 from 4:00-
7:00 p.m.
Joan O'Keefe, 9985 Old Morro Road East, asked questions regarding the Tree Ordinance;
Is it on the next Council agenda, has Council submitted their questions to Staff, will public
letters be included in packet, etc. She also expressed some of her concerns as to past
information being available to the current Council.
Rush Kolemaine, P.O. Box 1990, stated his opinion of public noticing, as mentioned
during Council Comments by Councilmember Clay. He agrees that the City's noticing
policy should be enlarged to give adequate notice to the public.
Raymond K. Jansen, 6655 Country Club Drive, read into the record a letter to the editor,
dated 8/1/97. It expressed his feelings as they pertain to the public being informed on
what is going on in Sacramento and Washington, D.C. Mr. Jansen also talked about the
newsletters he supplies to the public.
Mayor Pro Tem Carden asked Steve DeCamp about the Tree Ordinance issue and its
status. Mr. DeCamp responded that Council direction was they were to have submitted
their comments to Staff by the end of September. The item will not be on the Council's
agenda until late October, early November.
--end of Community Forum--
A. CONSENT CALENDAR:
1. RESOLUTION NO. 87-97 - Certifying the maintenance of a Drug-Free Workplace
and adopting an alcohol and drug abuse policy statement [Wade McKinney]
(Staff recommendation: Adopt)
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2. RESOLUTION NO. 88-97 - Awarding a contract to Chicago Grade Landfill, Inc., for
the disposal of biosolids [Brady Cherry]
(Staff recommendation: Adopt)
3. RESOLUTION NO. 85-97 - Designating a no-parking zone on the east side of EI
Camino Real between East Mall and West Mall [Brady Cherry]
(Traffic Committee/Staff recommendation: Adopt)
4. RESOLUTION NO. 86-97 - Designating a passenger loading zone on Atascadero
Mall [Brady Cherry]
(Traffic Committee/Staff recommendation: Adopt)
Councilmember Clay pulled Items A-2 & A-3.
MOTION: By Councilmember Luna and seconded by Councilmember Lerno to
approve Items A-1 and A-4.
Motion passed 4:0 by a roll-call vote.
RE: Item A-2 - Councilmember Clay asked what biosolids are. Brady Cherry explained that
it is essentially sludge that is removed from the perk ponds at the sewage treatment plant.
It is considered hazardous material that has to be disposed of under Federal law.
RE: Item A-3 - Councilmember Clay questioned why we are removing parking in front of
the Sunken Gardens. He was under the impression that the City had promised the
business community not to remove any parking spaces as a result of creating the bike
lane. Steve DeCamp responded that these spaces in front of Sunken Gardens are not
used by the local businesses. This item was a recommendation from the Traffic
Committee because of visibility issues at the intersection and the visibility into the
Sunken Gardens.
MOTION: By Councilmember Luna and seconded by Councilmember Lerno to
adopt Resolution No. 85-97 (Item A-3).
Motion carried 3:1 with Councilmember Clay opposed.
MOTION: By Councilmember Luna and seconded by Councilmember Lerno to
adopt Resolution No. 88-97 (Item A-2).
Motion carried 3.1 with Councilmember Clay opposed.
B. PUBLIC HEARINGS:
1. GENERAL PLAN AMENDMENT 97002/ZONE CHANGE 97003, 7405/7425
NAVAJOA AVE. - Consideration of a request to change the GP Land Use Map from
Office to High-Density Single-Family Residential and a corresponding zone change
from CP to LSF-X [Steve DeCamp]
A. Ordinance No. 334 - Amending the official City zoning map by rezoning
certain real property at 7405/7425 Navajoa Ave. From CP (Commercial
Professional) to LSF-X (Limited Single Family - High Density) (ZC 97003/
Gearhart)
(Planning Commission/Staff recommendation: Motion to waive reading in
full and introduce on first reading by title only)
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B. Resolution No. 82-97 - Approving an amendment to the land use map by
changing the land use designation of certain real property at 7405/7425
Navajoa Ave. From Office to High Density Single Family Residential (GPA
97002: Gearhart)
(Planning Commission/Staff recommendation: Adopt)
Councilmember Lerno stepped down on this item due to a conflict of interest. Steve
DeCamp gave the staff report. He explained that the intent of this General Plan
Amendment and the accompanying Zone Change is to split this property with a lot line
that is parallel to Morro Road so that the Morro Road frontage can be developed as
commercial space while the property along Navajoa can be developed as residential space.
The Planning Commission reviewed this item and found the Negative Declaration to be
adequate and approved unanimously a recommendation to the Council that the General
Plan and Zoning Ordinance be amended.
Councilmember Luna asked about the City's policy of CEQA review for GP amendments.
Mr. DeCamp explained that the City's adopted CEQA implementation rules provide for the
Planning Commission to take final action on Negative Declaration on projects that proceed
from them on to the City Council. The rules go on to state that if an EIR is required, the
Council must review and certify that document.
Councilmember Clay asked how many residential lots are being created. Mr. DeCamp
answered that there will be two residential lots created.
Councilmember Luna asked about flood plain and erosion mitigation. Mr. DeCamp
explained that the homes must have a finished floor elevation that is certified to be one
foot above the 100-year flood plain. Also, by Atascadero Ordinance, it is required that
the area be stabilized prior to October 15", which is the beginning of the wet period. At
that time, full erosion control measures will need to be in place which might include straw
bales or spraying of mulch.
--No Public Comment--
MOTION: By Councilmember Luna and seconded by Councilmember Clay to
adopt Resolution No. 82-97.
Motion passed 3:0 by a roll-call vote.
MOTION: By Councilmember Luna and seconded by Councilmember Clay to
adopt Ordinance No. 334, waive the reading in full and introduce
it on first reading by title only.
Motion passed 3:0 by a roll-call vote.
C. REGULAR BUSINESS:
1. 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.) (Second reading & adoption)
(Planning Commission/Staff recommendation: Adopt)
Steve DeCamp reminded the Council that this item is before them for second reading and
the item was approved by a 4:0 vote at the Council's prior meeting.
--No Public Comment—
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MOTION: By Councilmember Luna and seconded by Councilmember Lerno to
adopt Ordinance No. 333, waiving reading in full.
Motion carried 3:1, with Councilmember Clay opposed.
D. COMMITTEE REPORTS
S.L.O. Council of Governments
Mayor Pro Tem Carden stated that they met last month and appointed a sub-committee of
the technical advisory committee to do a management review of the policies and
procedures of SLOCOG.
City/School Committee
Councilmember Lerno stated that he is still waiting for a meeting to be set. He asked the
City Manager to set one up. He stated that the recommended routes to school issue
needs to be addressed.
North County Water Task Force
Councilmember Clay stated that there was discussion of adding an environmental member
to the committee.
North County Council
Mayor Pro Tem Carden stated that there is a tentative meeting scheduled and asked if it
had been confirmed. Marcia Torgerson stated it is set for Thursday, October 23`d at 7:00
p.m.
Integrated Waste Management Authority
Councilmember Luna stated that it meets tomorrow and he will be unable to attend.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Councilmember Luna asked if any notices were posted on Santa Rosa Road regarding the
boys home. Steve DeCamp answered that the City does not place notices on the site for
conditional use permits.
Councilmember Clay stated that he agreed with Councilmember Luna. Also, the Youth
Center starts 10/1/97.
Mayor Pro Tem Carden asked if the City has any liability with the youth program. Brady
Cherry answered that the City is going to serve as the fiscal agent, hire and supervise the
staff. The School District is going to provide the site and money for some of the
operations. The issue of liability still needs to be researched (Task Force, School District
and City). Mayor Pro Tem Carden stated that he would much rather see the employees be
School District employees and, therefore, any liability associated with misconduct of the
employee would be more directly related to the School District. He also said that he felt
the City could then provide funding to the School District to do with as they please. Mr.
Cherry responded by saying that he agreed that would be the preferable direction to take,
however, the reason it was set up this way now is because the City didn't have the cash
to put up front. Mayor Pro Tem Carden stated that he would like to see items like this
come to the Council in the future as we are exposing ourselves to liabilities that we may
not be able to fiscally absorb.
Councilmember Luna stated that this issue should be put on a future agenda so the
Council can set policy for situations like this.
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Mayor Pro Tem Carden asked that the issue of exposure to liability be brought back to the
Council.
City Attorney
Roy Hanley stated that his calendar is clear tomorrow so if any of the Council want him to
attend their workshop, he will be able to. attend. Mayor Pro Tem Carden asked Wade
McKinney his opinion. Mr. McKinney stated that he did not feel Mr. Hanley would need to
attend.
City Clerk
Marcia Torgerson announced that the October 14th Council meeting falls on the last day of
the League of California Cities Annual Conference. She also stated that the November
11" meeting falls on Veteran's Day. She asked if the Council would like to either cancel
or move those meetings. Mayor Pro Tem Carden asked Wade McKinney his opinion. Mr.
McKinney stated that, in reviewing the upcoming agenda items, it would be feasible to
cancel the October 14' meeting. Roy Hanley stated that the Council cannot take any
action on an item not on the agenda. He said that Staff will make sure this item is on the
September 23'd agenda.
City Manager
Wade McKinney expressed his appreciation to Chief McCain for his work to save the City
additional funds. Mr. McKinney also asked the Council if September 30" would be a good
day for a joint meeting with the Planning Commission. Lastly, he wanted to remind the
Council of the employee barbecue tomorrow evening. Mayor Pro Tem Carden stated that
he would not be able to attend on September 30th. Mr. McKinney stated that he would
prefer full attendance so he will look for another mutually-convenient date.
F. ADJOURNMENT:
THE CITY COUNCIL WILL ADJOURN TO AN OPEN SESSION COMMENCING AT
8.00 A.M. SEPTEMBER 10, 1997, IN THE 4TH FLOOR CLUB ROOM FOR
PURPOSES OF CONDUCTING A CITY COUNCIL PLANNING WORKSHOP.
Mayor Pro Tem Carden adjourned the Regular Session at 8.15 p.m. to the Council
Workshop as stated above.
MINUTES RECORDED AND PREPARED BY:
OIL"&t" M_-,
1
Marcia M. Torgerson, City Clerk
ATTACHMENTS: Exhibit A - Mayor's Letter to Chief McCain
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Exhibit A
City Council Minutes
p CITY OF ATASCADERO
1918 1 8
September 5, 1997 '
Chief Mike McCain
City of Atascadero
Fire Department
6005 Lewis Avenue
Atascadero, CA 93422
Dear Mike:
It is not often enough that we take the opportunity recognize outstanding performance
and service by our individual employees and their departments. However, ('believe it is
appropriate and necessary to give recognition when it is due.
I can think of no better candidate to begin that process with, than you. Through my
term on the Council, I have observed your can-do attitude and how it is reflected in your
department. Your creative management style when applied to keeping the Fire
Department budget in line is recognized and appreciated.
Your most recent accomplishment in that effort was realized in the Pine Mountain fire of
August 23, 1997. Had you not negotiated a no-charge agreement for the use of the air
attack planes, we would have a considerable bill on our hands. It is refreshing to work
with a department that is ready to serve, yet does not abuse"the high profile press, by
complaining about doing more with less.
Speaking for the City Council and myself, thank you for your efforts and continued
professionalism in your service to the City. We appreciate that in running your
department, you not only consider its needs, but"how those needs and costs will affect
the City a le. Keep up the good work.
nicer ly
Y J NSO
Mayo
ADMINISTRATIVE OFFICES 6500 PALMA AVENUE ATASCADERO,CA 93422
City Council:(805)461-5086 City Ntanaoen dbt-rntn City Clerk:46t.sn74 CCr.,4rr,, _...da+-enin [:w Faye d$;1-0606