HomeMy WebLinkAboutMinutes 092397 Meeting Date: 10/28/97
Approved with Corrections
ATASCADERO CITY COUNCIL
September 23, 1997
MINUTES
6:30 P.M. - CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Govt. Code Sec.
54956.9 (b))
Significant exposure to litigation 0 case):
1) EI Camino Self Storage v. City of Atascadero
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 Johnson adjourned the Closed Session at 7:05 p.m. and Roy Hanley, City Attorney,
announced that no action was taken.
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:08 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: 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;
Rachelle Rickard, Accountant; and John Neil, Assistant City Engineer.
COUNCIL COMMENTS: None.
COMMUNITY FORUM
Ernie Porter, 5095 Sycamore Road, River Gardens, spoke on behalf of neighbors (names
listed on Exhibit A). He expressed their concerns of Atascadero Creek and its effect on
their neighborhood. He explained that this creek provides drainage from central
Atascadero, through River Gardens, to the Salinas River. The River Gardens neighbors are
worried about potential flooding due to increased runoff as a result of the development of
new homes, commercial buildings, driveways and roads in Atascadero. Mr. Porter stated
that they feel there may have been inadequate steps taken to protect their neighborhood.
He asked that the City address their concerns that the drainage capacity of Atascadero
Creek is being compromised.
Mayor Johnson asked Wade McKinney to bring back this issue as a report to Council and
notify Mr. Porter when it will be on the Council's agenda.
Eric Greening, 7365 Valle, agreed with previous speaker. He stated the City needs to
address drainage issues. Also, he stated that the Parks & Recreation Commission acted
on recommendations of a citizens' committee for interim policies for proper use of
Stadium Park. He asked when will those policies reach the Council. He expressed
concern that he felt they were not affective until the Council approves them. Brady
Cherry responded that the policy is ready to go and will be on the Council's agenda next
month.
Daphne Fahsing, 5105 Llano Road, spoke concerning the spay/neuter program. She
stated that she received a letter from Mr. McKinney explaining that the reason the $5,000
allocated for the spay/neuter program last year was not spent because the County did not
invoice the City. The County says they did not invoice the City because the City didn't
adopt a budget until November 1996. She stated that she feels the error was on both
sides. She asks that the Council release the $5,000 now. Mayor Johnson responded by
saying that the Council cannot take action on this issue because it is not on the agenda,
however, it is scheduled to be discussed during mid-year budget review.
Katherine Baker, 6820 Santa Ynez Ave., spoke regarding the Tree Ordinance. She asked
if the potential conflict of interest of Ken Lerno has been looked into and if the Fair
Political Practices Commission (FPPC) has been consulted. Councilmember Lerno stated
that he has asked the City Attorney to look into that issue. Roy Hanley responded that he
has consulted with the FPPC. He explained that until a particular proposal is made to be
voted on, it will not be clear if Councilmember Lerno has a conflict.
--end Community Forum--
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - August 26, 1997 [Marcia Torgerson]
(City Clerk recommendation: Adopt)
2. CITY COUNCIL MINUTES - September 9, 1997 [Marcia Torgerson]
(City Clerk recommendation: Adopt)
3. AUDITED BILLS & PAYROLL FOR AUGUST 1997 [Rachelle Rickard]
(Staff recommendation: Approve)
4. RESOLUTION NO. 89-97 - Authorizing refinancing of an existing lease, the
execution and delivery of a sublease & site lease, and authorizing and directing
certain actions in connection therewith [Rachelle Rickard]
(Staff recommendation: Adopt)
5. RESOLUTION NO. 90-97 - Amending Resolution No. 99-96, which approved the
adoption of the 1996-97 Fiscal Year Budget [Rachelle Rickard]
(Staff recommendation: Adopt)
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6. REQUEST BY ATASCADERO KIWANIS CLUB FOR THE PLACEMENT OF A
MEMORIAL IN HONOR OF THE LATE OTTO HEILMANN [Brady Cherry]
(Staff recommendation: Approve)
7. 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) [Steve
DeCamp]
(Staff recommendation: Motion to waive reading in full and adopt on second
reading by title only)
Mayor Johnson pulled item A-6. Mayor Johnson also stated that Councilmember Lerno
has a conflict of interest on item A-7 and will be abstaining. Rush Kolemaine pulled items
A-4 and A-5.
MOTION: By Councilmember Luna and seconded by Councilmember Carden to
approve items A-1, 2, 3 and 7.
Motion passed 5:0 by a roll-call vote (with Councilmember Lerno
abstaining on A-7).
RE: Item A-4: Rush Kolemaine asked what the fiscal impact is of item A-4. Rachelle
Rickard explained that A-4 will realize for the City a net cash savings of $211,000 and a
net present value savings of approximately $102,000.
RE: Item A-5: Rush Kolemaine asked who the lease is with and what it is for. Rachelle
Rickard explained that the lease is with Municipal Leasing and W.J. Fawell. This is part of
the re-financing package. Mr. Kolemaine urged the Council to have financial information
on the agenda for the public's benefit.
MOTION: By Councilmember Luna and seconded by Councilmember Clay to
approve items A-4 and A-5.
Motion passed 5:0 by a roll-call vote.
RE: Item A-6: Mayor Johnson asked Brady Cherry to give a briefing. Mr. Cherry
explained that this item is a recommendation from the staff and Parks and Recreation
Commission to approve a request by the Atascadero Kiwanis Club to name a grove of
native trees on City property near the Salinas River in the memory of the late, Otto
Heilmann. Councilmember Clay expressed his appreciation to the Heilmann's. Mayor
Johnson expressed his appreciation to Mr. Heilmann for all of his hard work for the City of
Atascadero. He explained that, rather than just letting this item pass on the consent
calendar without comment, he pulled this item so that the Council could recognize Otto
Heilmann. Mrs. Heilmann thanked the Council for their kind words.
MOTION: By Councilmember Clay and seconded by Councilmember Luna to
approve item A-6.
Motion passed 5:0 by a roll-call vote.
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B. PUBLIC HEARINGS:
1. CONSIDERATION OF DRAFT ENVIRONMENTAL IMPACT REPORT PREPARED FOR
THE NACIMIENTO WATER PROJECT [Steve DeCamp]
(Staff recommendation: Review & discuss)
Steve DeCamp gave a brief staff report. Mayor Johnson repeated Mr. DeCamp's
comment that the City Council is looking at this issue from the perspective of how it
affects our jurisdiction. Mr. DeCamp then answered questions of the Council.
Councilmember Carden asked if authorization to use the right-of-way had been approved.
Christine Ferrara, Contract Project Manager, Boyle Engineering, answered that, no, the
right-of-way has not been secured at this point. Councilmember Carden also asked if
there is a possibility of a franchise fee since this is a utility-type service running through
the City. Roy Hanley answered that he would have to check into imposing a franchise
fee.
Councilmember Luna stated he thought that when the encroachment ordinance was
passed franchise fees were exempted. Mr. Hanley answered that he did not remember it
that way but he will look into it.
PUBLIC COMMENT
Eric Greening, 7365 Valle expressed essed his view h -
that this i
P s a well-intentioned EIR.
He
shared his concern of placing the water pipeline too close to the railroad where it could be
impacted over the years by the weight of trains going by. He also stated that he felt there
would be minimal impact on Atascadero.
Rush Kolemaine, P.O. Box 1990, stated that the public did not have access to draft EIR.
He asked what the Atascadero Mutual Water Company's response has been to this EIR.
Mayor Johnson stated that the Water Company is responding on their own and he would
need to contact them to find out their position. Mr. Kolemaine also asked if there be a
pumping plant in Atascadero. Steve DeCamp answered no, it will be in Templeton.
--end Public Comment-
There was no Council direction and Mayor Johnson stated that the Council concurs with
the City recommendation.
C. REGULAR BUSINESS:
1. DISCUSSION OF FUTURE CITY COUNCIL MEETING DATES [Marcia Torgerson]
(Staff recommendation: Cancel 10/14, 11/11 & 12/23/97 Council meetings)
Wade McKinney gave a brief staff report concerning future conflicts with Council
meetings. Councilmember Lerno asked if something came up, could a meeting be
scheduled. Mr. McKinney responded, yes.
There was consensus of the Council to cancel the 10/14, 11/11 and 12/23/97 Council
meetings.
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D. COMMITTEE REPORTS
S.L.O. Council of Governments
Councilmember Carden announced that some additional windfall funds have come our way
from the State. There's a possibility that we might be able to do a few more projects.
One might be the Highway 41/101 intersection. Brady Cherry stated that he and John
Neil are in the process of putting together a memo to the City Manager and City Council
on the list of the recommended projects that we're intending to apply for. The deadline
for the funding requests is October 20, 1997. He asked the Council to let him know if
there are any projects they would like to see on the list.
City/School Committee
Mayor Johnson reported that he and Wade McKinney met with new school
superintendent. He stated that the superintendent is very open to interface with the City.
Economic Round Table
Mayor Johnson reported that Wade McKinney, the new City Manager, was the guest
speaker at the last meeting. Also, they were briefed on the new Albertson's project.
North County Council
Next meeting 7:00 p.m., October 23, 1997 in Paso Robles !Marcia Torgerson]
(City Clerk recommendation: Provide direction re: attendance and agenda items)
Marcia Torgerson confirmed the date for the next meeting and asked who would be
attending. Mayor Johnson and Councilmembers Carden, Clay and Luna said they would
be attending. Councilmember Lerno said he will have to check his schedule. The Council
discussed potential agenda items. Mayor Johnson stated that his thoughts are that the
purpose of the North County Council is to share ideas, equipment, staff, etc.
Councilmember Luna expressed his concern that there be specific items to discuss.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Councilmember Clay announced that he swam 100 laps in the Swimathon and he's ready
to collect the money from those who sponsored him.
City Manager
Wade McKinney officially recognized the Zoo accreditation. He stated that it is a
compliment to Brady Cherry and his staff for re-gaining that accreditation.
Mayor Johnson adjourned the Regular Session to the North County Council meeting on
October 23, 1997 at 7:00 p.m. in Paso Robles.
MINUTES RECORDED AND PREPARED BY:
M1
Marcia M. Torgerson, City Cl#k
Attachments: Exhibit A - Ernie Porter (page 1)
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Atascadero City Council
9/23/97 Meeting
Exhibit A
To: Atascadero City Council
From: Ernie and Donna Porter
Re: Names and addresses of Atascadero River Gardens area
residents in atendance at the Tuesday, Sept. 23, 1997
7 :00 pm Atascadero City Council meeting.
Date: September 23, 1997
Name Address Phone #
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