HomeMy WebLinkAboutMinutes 102897 MEETING DATE: 11/25/97
Approved as submitted
ATASCADERO CITY COUNCIL
MINUTES
OCTOBER 28, 1997
CLOSED SESSION,6:30 P.M.:
1) Conference with legal counsel-Existing litigation (Govt. Code Sec. 54956.9)
Name of case: Ramirez v. City of Atascadero
2) Conference with legal counsel- Existing litigation(G.C. Sec. 54956.9(a))
Name of case: Greene v. City of Atascadero
3) Conference with legal counsel-Anticipated litigation(G.C. Sec. 54956.9(b))
Significant exposure to litigation(one case): Don Brimaae v. City of Atascadero
4) 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.
REGULAR SESSION,7:00 P.M.:
Mayor Johnson called the Regular Session to order at 7:10 P.M. and Councilmember Lerno
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, City Accountant;Valerie Humphrey, Staff
Assistant; Peter Gaw, Fire Captain.
APPROVAL OF AGENDA: Roll Call-5:0
COUNCIL ANNOUNCEMENTS AND REPORTS:
On behalf of the City Council and the City of Atascadero, Mayor Johnson expressed
sympathy to the Capps family as Congressman Capps passed away today. The Council
asked staff to draft a letter to the Capps family to express their condolences and reflect our
appreciation of his service to Atascadero and the county of San Luis Obispo. Mayor
Johnson asked that the letter be signed by all Councilmembers.
COMMUNITY FORUM:
Raymond K. Jansen, 6655 Country Club Drive,read a letter to the editor into the record.
The letter stated his concerns of the public not keeping informed of political issues.
Eric Greening, 7365 Valle, stated his concerns of the treatment of a coast live oak that he
witnessed across the street from 6910 Navajoa. He stated it is being damaged by the
storage of construction equipment and the stockpiling of dirt.
Ann Ketcherside, 9012 La Linia, circulated a picture and asked that the Council take care
of her issue within the next week. She explained that if her issue was not taken care of by
next week, she will be forced to go to Dan Lungren's office. She went on to say that if she
goes to Mr. Lungren's office she will file a suit against the City.
--end COMMUNITY FORUM--
PRESENTATIONS: Proclaim "Red Ribbon Week", October 23-31, 1997
The Proclamation was accepted by Sue Warren,North County Connection, 3556 El
Camino Real. She explained some of the programs for children in Atascadero.
CORRESPONDENCE: None.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes- September 23, 1997 (City Clerk recommendation:
Approve)
2. City Treasurer's Report-July 1997 (City Treasurer's recommendation: Review &
accept)
3. City Treasurer's Report-August 1997 (City Treasurer's recommendation: Review
&accept)
4. City Treasurer's Report- September 1997 (City Treasurer's recommendation:
Review&accept)
5. September 1997 Audited Bills and Pa roll -Fiscal Impact: $1,086,441.55
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(Staff recommendation: Approve)
6. Acceptance of Final Parcel May 95004, 8295 Marchant Ave. -Division of a 1.13
acre site into two parcels of 0.50 and 0.55 acres net(Bernard/Sholders) -No Fiscal
Impact(Staff recommendation: Accept)
7. Acceptance of Final Parcel Map 92006, 10060 Atascadero Ave. - Division of 2.28
acre site into two parcels of 1.0 and 1.28 acres. (Hazard/Tartaglia) -No Fiscal
Impact(Staff recommendation: Accept)
8. Traffic Way Bikeway(Bid No. 96-06)-Fiscal Impact: $14,485.32,previously
budgeted (Staff recommendation: Accept project improvements and authorize
payment of the 10%retention)
9. Curbaril Avenue Sewer Main Repair Project(Bid No. 96-07)-Fiscal Impact:
$6,987.30,previously budgeted (Staff recommendation: Accept project
improvements and authorize payment of the 10%retention)
10. Pump Station No. 5 Sewer Main Repair Project(Bid No. 96-08)-Fiscal Impact:
$9,692.80 (Staff recommendation: Accept project improvements and authorize
payment of the 10%retention)
11. Citizens' Options for Public SafM(COPS) Grant for Purchase of Computer
Services - Total Grant Funds Requested: $5,350 (Staff recommendation: Adopt
Resolution No. 100-97)
12. General Plan Conformance-Proposed Lease of Property at 6925 Atascadero
Avenue-No Fiscal Impact (Staff recommendation: Find the County's intention to
lease subject real property to be in conformance with the General Plan)
13. General Plan Conformance -Proposed Sale of Property at 4995 Mananita Avenue -
No Fiscal Impact (Planning Commission/Staff recommendation: Find the City's
disposal of the subject Park Reservation parcel to be in conformance with the
General Plan)
14. Request by California Federation of Women's Clubs to Place an"El Camino Real
Bell"in front of the Chamber of Commerce Office-Fiscal Impact: $50.00
(Staff recommendation: Approve bell placement and provide staff direction)
15. 1997/98 Street Striping Project-Fiscal Impact: $26,575.34 (Staff
recommendation: Adopt Resolution No. 93-97)
16. Installation of Stop Sign-Palomar Avenue-Fiscal Impact: $100.00
(Traffic Committee Recommendation: Adopt Resolution No. 94-97)
17. Resolution AdoptingFull-time,Part-time Employee Salary Schedules and
Departmental Staffing Allocations for Fiscal Year 1997/98 -No Fiscal Impact
(Staff recommendation: Adopt Resolution No. 97-97)
Councilmember Luna pulled A-13 and Eric Greening pulled A-1.
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MOTION: By Councilmember Luna and seconded by Councilmember Clay
to approve items A-2,3,49 59 6,7,8,9, 10, 11, 12, 14, 15, 16 and
17.
Motioned passed 5:0 by a roll-call vote.
RE: Item A-1: Eric Greening asked that the City Clerk correct page 4 under item B-1
where he was speaking in relation to the Nacimiento Water Project. He said that he did no
say that the EIR was adequate. He asked that the word adequate be replaced with well
intentioned. Mayor Johnson asked Marcia Torgerson, City Clerk,to make the correction.
MOTION: By Councilmember Luna and seconded by Councilmember Clay
to approve Item A-1 as amended.
Motion passed 5:0 by a roll-call vote.
RE: Item A-13: Councilmember Luna stated that he pulled this item because he wanted to
state that if the City is going to dispose of properties like this,we should develop a policy.
He also stated that he would like to see what the value is to the City. Councilmember Luna
said that he would prefer to continue this item until the City develops a policy.
Councilmember Clay asked what the total square footage of the parcel is and the total cost.
Wade McKinney responded that the parcel is well under one-quarter acre and he explained
that the City has not established a price. Item A-13's purpose is to review General Plan
conformance and to determine if the Council wanted to declare any of these properties
surplus. If so, staff would appraise the property and determine a price.
MOTION: By Councilmember Clay and seconded by Councilmember
Carden to approve Item A-13.
Motion passed 3:2 by a roll-call vote. (Lerno and Luna opposed)
Councilmember Carden stated that he would like to see a policy on this issue come back
to the Council.
B. PUBLIC HEARINGS:
1. Appeal of Planning Commission Denial of Conditional Use Permit 97012
Regarding a Residential Care Facility at 7105 San Gabriel Road-No Fiscal Impact
(Staff recommendation: Adopt Resolution No. 98-97, denying the proposed
expansion of the subject facility)
All Councilmembers announced that they have all spoken with the Applicant, some of the
neighbors and visited the site.
Wade McKinney gave a brief introduction explaining that this hearing is a"de novo"
hearing,meaning this is a new hearing. He stated that the Council is to hear the public
comment and review the facts; Council is not reliant necessarily on the Planning
Commission decision. Steve DeCamp gave the staff report. He announced that the
Councilmembers should disregard the attachments on page 138-147 as they were
accidentally included in the packet. He explained staff s recommendations to the Planning
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Commission and the Planning Commission's recommendation to the City Council.
Mayor Johnson asked if the Applicant and the neighbors agreed to get together and work
on their differences, could the Council continue this item. Mr. DeCamp agreed. Mayor
Johnson stressed to the public that the issue on the agenda is concerning the zoning of one
parcel; Council is not being asked whether there should or should not be senior housing in
residential areas.
Councilmember Carden asked if emergency access for the Fire and Police Departments has
been reviewed. Mr. McKinney responded that the Fire Department has reviewed the site
and has not identified any problems.
Councilmember Lerno asked if one of their options was to return this item to the Planning
Commission. Mayor Johnson responded,yes.
Councilmember Luna suggested a larger turn-around for emergency vehicles be added to
the Conditions of Approval. He also asked about the septic suitability of the existing tank
and leach field. Mr. DeCamp responded that the Civil Engineer on staff believes that the
septic system is adequate to meet the needs that would be generated by the residents of the
home.
Councilmember Clay stated he thought the turn-around needed to be enlarged. He also
asked if the number of residents(15)could be lowered to 12, for example. Mr. McKinney
responded that,yes,that was an option. Councilmember Clay also asked if a CUP goes
with the land if sold. Mr. DeCamp answered,yes.
Mayor Johnson asked if this CUP would also be able to be used for a youth home. Mr.
DeCamp answered,no. He explained that one of the Conditions of Approval states that
this is a group home for elderly residents. Any change in the type of occupancy or the
number of occupants would require a review by the Planning Commission.
Councilmember Carden asked if there were any Supreme Court cases,referring to not
being able to restrict residency based on age, etc.,that address precluding another type of
use based on age. Roy Hanley answered that it could if age is the only factor. However,
other factors, such as staffing required with a youth home would pertain.
Councilmember Clay commented that the driveway seems too narrow and asked if the
Applicant would be in favor of widening it. Mr. DeCamp responded that the Applicant has
indicated that he would be willing to widen the driveway. Councilmember Clay asked if
there have been any complaints from neighbors of the Sycamore House, a long-standing
residential care facility. Mr. DeCamp stated that he is unaware of any complaints in
connection with Sycamore House.
Mayor Johnson asked some questions about the driveway's current width and how the City
addresses these issues. Mr. DeCamp responded that a driveway that serves multiple single
family homes should be a minimum of 16 feet wide of paving with 2 foot graded
shoulders. Mayor Johnson then stated that this driveway does not meet those standards.
Councilmember Lerno stated that the Council is being asked to allow a business in a family
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residential zoning. He said that he felt that was a problem.
Mayor Johnson asked the City Attorney to give his legal opinion. Roy Hanley stated that
the constitution has been interpreted to say that you cannot deny residential uses by people
based upon their lack of what we consider a traditional family relationship. He explained
that's why you cannot completely forbid residential care facilities in residential zones.
After the Council hears all the evidence, it will be able to decide whether or not this project
can be conditioned so that,based on its actual use, it is consistent with the residential use
and if not,the Council will have the power to deny it.
Councilmember Luna asked about the resolutions included with this item. Resolution No.
99-97, approving the CUP,refers to the Conditions of Approval in Exhibit A,but there is
no exhibit attached to the resolution. He stated that he assumes that the Attachment G of
the Planning Commission agenda packet will become Exhibit A of Resolution No. 99-97.
Mr. DeCamp responded that he was correct.
PUBLIC COMMENT
Kim Kunz, owner of 7105 San Gabriel Road, stated his position on this issue. Mr. Kunz is
the owner of the Garden View Inn. He explained what a residential care facility is and
what services they provide. He stated that his neighbors are not familiar with residential
care facilities. He explained some of the complaints of his neighbors and responded to
them. He asked the Council to look at all the facts before making a decision.
Councilmember Clay asked if the Kunz family is completely moved out of the home. Mr.
Kunz responded,yes.
Jacques Van Zeventer,, Morro Engineering, 6715 Morro Road,was asked by Mr. Kunz to
address the traffic impact of this proposed CUP. He explained that the Council has a
copy of the traffic study that he prepared last week. The traffic study reviews the site,
identifies possible impacts, and suggests mitigations. He stated that there is adequate
parking, and suggested the trimming of oak trees for emergency vehicle access.
Councilmember Luna asked questions concerning emergency access and asked Captain
Peter Gaw, Fire Department,to answer them.
Peter Gaw, Captain and Acting Fire Marshall, Fire Department, stated access is adequate,
but not ideal. He then stated that it would be better to enlarge the turnaround and install
indoor sprinklers.
Ellen Calcagno, 9865 Santa Clara Road, Social Service Director, Sea Shell Communities,
Morro Bay, stated that SLO County is weak in its ability to provide a safe environment
for the elderly that are in need of this type of facility. SLO County would benefit from
this facility.
Jane Patmor, 1699 Langdon, Cambria,retired from ownership of a residential care
facility. These facilities are needed in this area and the Kunz's operate an excellent
elderly care home. Mayor Johnson reinserted the statement that he made at the beginning
of this item which is that the issue tonight is a use permit for land use. It is not the City
Council's intent or responsibility to determine the quality of care that is given there;
that's the State's responsibility.
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Bill Walters, M.D, 8775 Sierra Vista, a neighbor of the facility. Stated Mr. Kunz's
character is excellent and he will follow through with anything that he promises to do.
Frederick Wood, 5950 Entrada, attorney,represents Mr. Kunz in this matter. He said that
the law states that a family with 6 elderly residents cannot be regulated. However, if
there are more than 6 residents, it can be regulated. He explained his arguments for the
complaints of the neighbors. The Council must decide on this issue based on zoning
compliance,not the neighbors desires.
Robert Johnson, 3985 Rosita Ave.,Planning Commissioner, stated he supported this
proposed CUP when it was in front of the Planning Commission. He expressed his
strong support for the approval of the CUP.
R.C. Thorpe, 8025 Santa Ynez, said that he has had the responsibility of finding homes
for the elderly. He explained that it is extremely difficult to do. Mr. Thorpe stated that
he felt that the Council should be concerned with adequate elderly care in Atascadero.
Alexa Adams, 5552 San Pedro Ave., stated that she is a friend of Kunz's. However,her
reason for speaking is because of her grandmother who,at 90,moved in with her family
and it was very difficult. A home like the Kunz's would have been ideal for her. Ms.
Adams supports the approval of the proposed CUP.
James Holloway, 110 3`a. St., Templeton, stated that he supports the proposed CUP.
Luann Jorgenesn, 8335 Del Rio Road, spoke about the issue of emergency access. She
expressed her view that if emergency access was not an issue with the Kunz family living
there,then why is it an issue with the elderly residents.
Athena Kelly, 4505 Arizona St., stated that she is an employee at this facility. She also
stated that she supports the proposed CUP.
Glorilyn Foster-Van Duren, 3635 Homestead Road, said her husband is a business
manager of a care facility in SLO. She is concerned with the lack of awareness and
education of the neighbors and stated that the Council is responsible to inform the public.
Susan Johansen, 7275 Santa Ynez Ave., stated that she supports the proposed CUP.
Cindy Witmeyer, 8525 Alegre Ave., said that there is a real need in our community for
this type of facility.
Mel Danielson, 7850 El Retiro, stated that his father had dementia and cared for him in
his own home. He looked for a home like the Kunz's to care for his father and finally
found one. Atascadero needs quality homes for the elderly.
Jackie Dallaire, 10415 Rocky Canyon Road, said that her mother resides in this home.
She supports the proposed CUP. Ms. Dallaire stated that, as a frequent visitor(almost
daily), she rarely passes a car on the driveway.
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Alice Wagstaff, 8005 San Marcos Ave., stated that she supports the proposed CUP.
Levy Barrett, 1950 Traffic Way, said he and his wife run a care home for developmentally
disabled. He supports the proposed CUP.
Lou Asavis, 9545 Gallina Court,he stated that he supports the proposed CUP. He has
been trying to place his father-in-law in a residential care facility and has found it to be
very difficult. Atascadero needs this type of facility.
Corinne Adams, 5552 San Pedro Ave., said that she has been to this residential care
facility and sang Christmas carols for residents. She supports the proposed CUP.
Shilani Goonetilleke, 11321 Los Osos Valley Road, San Luis Obispo, stated that she is an
employee at the Garden View Inn. She supports the proposed CUP.
Joan O'Keefe, 9985 Old Morro Road East, stated that she is in favor of granting the CUP.
She expressed her confusion and frustration over the Planning Commission's decision to
deny the CUP, i.e.,they did not ask any questions of the Fire Department representative
present at their meeting.
Jennifer Soni, 7320 Cross Canyon Road, San Miguel, stated that her mother is resident
at Garden View Inn. She expressed her support for the proposed CUP.
June Asavis, 9545 Gallina Court., expressed her support for the proposed CUP.
Robert Johnson, 3985 Rosita Ave.,member of the Planning Commission, expressed the
importance of caring for our elderly.
Ray Robertson, 7099 San Gabriel Road, expressed his strong disagreement with the
proposed CUP. He expressed his concerns and complaints of an expansion such as trash,
and emergency access.
Bill Snider, 7025 San Gabriel Road(prepared statement read by Dick Bellman, 7069 San
Gabriel Road) Mr. Snyder supports the facility as it is currently but expressed his
concerns of an expansion. He disagrees with the proposed CUP.
Dick Bellman, 7069 San Gabriel Road, expressed his concerns with the proposed CUP
and requested that the Council deny the appeal. He felt that Mr. Kunz should have been
more up-front with his neighbors about his intentions for his property.
John Alexander, 7050 San Gabriel Road, (prepared statement read by Linda Alexander,
7050 San Gabriel Road) Mr. Alexander listed their concerns and expressed their
objection to the granting of the proposed CUP.
Phyllis Cerny, 7049 San Gabriel Road, stated she is against the proposed CUP.
She expressed her concern about a commercial business in a residential neighborhood.
She also stated that she is concerned for the future, could this CUP be expanded?
Len Stokes, 7109 San Gabriel Road, expressed his concerns of the proposed CUP. He
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stated that he feels this CUP will negatively impact the neighborhood.
Luann Jorgenson, 8335 Del Rio Road, stated that she was appalled at the neighbors'
reaction to this proposed CUP.
Len Stokes, 7109 San Gabriel Road, questioned Mr. Kunz's integrity.
Frederick Wood, 5950 Entrada, attorney, gave his rebuttal to the public's comments.
--end PUBLIC COMMENT--
Mayor Johnson called a recess at 9:45 p.m. and called the meeting
back to order at 9:57 p.m.
Mayor Johnson stated again that the current use is not in question by the Council. He
said that this issue is in front of the Council tonight because there was not
communications in the neighborhood. He asked the City Attorney to explain the legal
issues.
Mr. Hanley explained that the Council must make their decision based on information
presented at this hearing. A conditional use is not automatically permitted. If you look at
the requirements in the Conditional Use Ordinances and if you can make all of the
required findings,then you can approve the project. If you cannot make all the findings,
then you should disapprove the project.
Mayor Johnson asked what responsibility, if any,does the Council have relative to State
inspected issues such as facility safety, i.e. two-story building. Mr. Hanley responded that
those issues are not relevant to the Council's findings today. However,the Council
should be reviewing the aesthetic values and character of neighborhood.
Councilmember Carden asked about potential expansion. Mr. DeCamp responded that
the size of house could be increase as there is not a limit in the City's single family zones
on the size of the dwelling unit.
Councilmember Luna asked about the possibility of building a guest house. Mr. DeCamp
responded that under the City's current ordinances and as restricted by an ordinance
adopted by the City Council in the early 1980's,we only allow one single family dwelling
per lot. Guest homes are not allowed to have cooking facilities and they have to share the
septic system and utility connections with the main house.
Councilmember Clay asked if the Council can put an age limit on this permit. Mr.
Hanley responded,no. The State has that authority.
Councilmember Luna stated he wanted to clarified the confusion regarding the emergency
access. He explained that it has to do with reflex time. If it takes them longer to get out
of your driveway,then that will affect their reflex time to their next call. Councilmember
Luna stated that he cannot vote for this proposed CUP without the requirement of a
turnaround on the driveway of this project.
Councilmember Carden expressed his indecision on this issue. He stated he is aware of
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the need of this type of facility but is concerned with the General Plan conformance.
Councilmember Clay stated that we need these kind of homes in Atascadero. He is
concerned about the turnaround but feels that issue can be addressed. He stated he is in
favor of this project.
Councilmember Lerno expressed that he's aware of the need for these facilities,but is
concerned about the zone change and its conditions.
Mayor Johnson expressed his frustration that the Applicant and the neighbors have not
gotten together before now,thereby leaving this issue up to the Council. He stated that he
feels the driveway seems to be the main problem with the neighbors. If this home had its
own driveway this issue would not be on the Council's agenda. He listed width of
driveway,trash, and the turn-around as issues that need to be mitigated before he could
support this CUP.
Councilmember Luna suggested that they look at the Conditions of Approval and see if
they can agree.
The Council then reviewed the Conditions of Approval.
The majority of the Council agreed to the following: Under#1 the number of persons
should be IS instead of 14. Under#4 language is to be added that would require a septic
system evaluation prior to finaling the permit to ensure that whatever additions are
being made inside are covered by the septic tank evaluation.
The Council then reviewed Resolution 99-97. They discussed adding the widening of the
driveway,creating a paved turnaround and trash control to the Conditions of Approval.
Council asked additional questions of staff and discussion ensued.
The majority of the Council decided to add a condition that states, "The Applicant shall
provide a driveway that is 16 feet across with 2 foot shoulders." They also decided to
add a condition that states, "an improved Fire Department paved turn-around as
approved by the Fire Marshall shall be provided."
MOTION: By Councilmember Luna and seconded by Councilmember
Clay to approve Resolution No. 99-97 with the revised
Conditions of Approval in Attachment G of the Planning
Commission Staff Report of 9/16/97.
Motion passed 4:1 by a roll-call vote. (Lerno opposed)
MOTION: By Councilmember Luna and seconded by Councilmember
Clay to extend the Council meeting past 11:00 p.m.
Motion passed unanimously.
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2. Sewer Extension Reimbursement Agreement: Chauplin Ave. -Fiscal Impact:
$944.20 potential revenue from all properties connected (Staff recommendation:
Adopt Resolution No. 95-97)
Brady Cherry gave the staff report. Councilmember Luna asked if all the appropriate
people notified. Mr. Cherry responded,yes.
PUBLIC COMMENT
Bob Pinkin, 5805 Chauplin, stated that he built his home in 1984 to City's standards. He
expressed his disagreement with this agreement. He said that his septic system works
fine and if he decided to sell his home,this agreement would create a large financial
expense for him.
Joan O'Keefe, 9985 Old Morro Road East, questioned if this sewer line is already in? Mr.
Cherry responded,yes.
--end PUBLIC COMMENT—
MOTION: By Councilmember Carden and seconded by Councilmember
Lerno to adopt Resolution No. 95-97.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Revision to the Contract with the Economic Vitality Corporation(EVC)to Provide
Economic Development Services-No Fiscal Impact (Staff recommen-dation:
Adopt Resolution No. 91-97)
Wade McKinney gave a brief staff report. There were no questions or comments from
the Council.
PUBLIC COMMENT -None.
Councilmember Luna asked when the City was going to get the report from the EVC.
Roy Hanley responded that the report is overdue but he is unaware of when the EVC will
make a presentation. Mayor Johnson asked staff to connect with the EVC and find out
when the City can expect a report. Steve DeCamp stated that he had expected Gregg
Goodwin to be here tonight.
Mayor Johnson asked that we ask for a written report and request that Gregg Goodwin
appear at the next Council meeting.
MOTION: Councilmember Lerno and seconded by Councilmember Clay
to adopt Resolution No. 91-97.
Motion passed 5:0 by a roll-call vote
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2. Public Employees Retirement System(PERS) Contract Amendment,Adding the
Fourth Level of the 1959 Survivor Benefit for Safety Members -No Fiscal Impact
(Staff recommendation: (A)Adopt Resolution No. 96-97; (B)Motion to waive
reading of proposed Ordinance No. 336 in full and introduce on first reading by
title only; (C)Authorize Mayor to execute agreement for pool survivor benefits)
Wade McKinney gave the staff report. There were no questions or comments from the
Council.
PUBLIC COMMENT -None.
MOTION: By Councilmember Carden and seconded by Councilmember
Clay to Adopt Resolution No. 96-97, adopt Ordinance No. 336
waiving reading in full and introducing it on first reading by
title only, and authorize the Mayor to execute an Agreement to
Pool 1959 Survivor Benefits Assets and Liabilities.
Motion passed 5:0 by a roll-call vote.
3. Stadium Park Public Use Policies -No Fiscal Impact (Parks&Recreation
Commission/Staff recommendation: Adopt Resolution No. 92-97)
Brady Cherry gave the staff report. Council discussion ensued. Councilmember Luna
stated that Stadium Park is an important acquisition that the City has made. However, if
we are going to use it as it was intended, we need a plan. Until we develop a plan,we
need to be very careful about its use. Mayor Johnson stated that there are also liability
issues on this item.
PUBLIC COMMENT
Eric Greening, 7365 Valle(corrections of his prepared statement,page 190 of Council
agenda,explained by Councilmember Luna) The second paragraph, fourth line from the
bottom,the sentence that starts with"Competition" should read, "Competition with
thirsty introduced grasses, and acorn and seedling loss caused by increases these grasses
have supported in the rodent population..."
Marjorie Mackey, 5504 Tunitas Ave., stated that ALPS has gotten two small grants,
$750.00 and$1400.00. They are planning on paying for the survey of the boundaries.
Howard Gaylord, 8940 Curbaril,read his letter into the record about his concerns with
Stadium Park.
Joan O'Keefe, 9985 Old Morro Road East, asked about the emergency access and the
City's liability. She also suggested that the Fire Department notify ANTA two months in
advance of when they need the seedling protection so that ANTA can schedule for it.
Captain Peter Gaw, Fire Department, stressed that a secondary exit is necessary for fire
protection.
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Michael Pierce, 7155 Valle, asked for a copy of Resolution No. 92-97.
--end PUBLIC COMMENT—
The Council agreed to amend#6 of Resolution No. 92-97 to read, "Only authorized and
emergency vehicles are allowed in Stadium Parr" They also added to #7, "However,
THERE IS ANABUNDANCE OF POISON OAK,SO PLEASE BE CAREFUL!
MOTION: By Councilmember Luna and seconded by Councilmember
Carden to adopt Resolution No.92-97 with the following
amendments:
#6 to read,"Only authorized and emergency vehicles are
allowed in Stadium Park."
#7 to have the following text added,"However,THERE IS AN
ABUNDANCE OF POISON OAK,SO PLEASE BE
CAREFUL!
Motion passed 5:0 by a roll-call vote.
4. Public, Education and Government(PEG)Access on Cable Television-No Fiscal
Impact (Staff recommendation: Take no action at this time)
Wade McKinney gave the staff report.
PUBLIC COMMENT -None.
There was Council consensus to take no action at this time.
5. Information Bulletin:
A. River Gardens -Atascadero Creek Drainage
B. R.E.C. Program-Teen After-School Recreation Program
C. Employee Update
There were no Council questions or comments on any of the items listed in the
Information Bulletin.
D. ATTORNEY REPORTS
1. Ordinance No. 335,Amendment to Nighttime Curfew Regulations -No Fiscal
Impact (City Attorney recommendation: Waive the reading of Ord. 335 in full and
introduce for f rst reading by title only)
Roy Hanley gave the report. Councilmember Luna asked what made the curfew
ordinance unconstitutional. Mr. Hanley responded that there were two things: 1) It was
decided that minors have legitimate first amendment rights, and 2)This amendment
prevents the parents from, for example,requiring their minor children to go out at 2:00
a.m. to fill their prescriptions at a 24-hour drug store.
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PUBLIC COMMENT -None.
MOTION: By Councilmember Carden and seconded by Councilmember
Luna to Adopt Ordinance No.335,waive the reading in full
and introduce for first reading by title only.
Motion passed 5:0 by a roll-call vote.
2. Procedure for Handling Citizen and Other Complaints Regarding City Personnel,
Practices and Procedures -No Fiscal Impact (City Attorney recommendation:
Maintain current complaint procedure provided for by the Municipal Code)
Roy Hanley gave the report. There was no Council questions or comments.
PUBLIC COMMENT-None.
There was Council consensus to take no action on this item at this time.
E. COMMITTEE REPORTS
S.L.O. County Mayors Group
Mayor Johnson reported that at the last meeting they discussed the fact that if there are
issues the Seven Cities would like the State Legislature to review,then the Joint City
Council's Meeting should be held in January 1998. If not,then it was agreed that the Joint
City Council's Meeting should be held in March 1998, after El Nino to discuss dealing
with the Federal agencies.
Also,Mayor Johnson reported that the Mayors Group discussed the issue of PG&E settling
with the County and the School District on a one-time settlement. Councilmember Carden
stepped down due to a conflict of interest as he is employed by PG&E. Mayor Johnson
continued that The Mayors Group has recommended that the Seven Cities send a letter to
Supervisor Brackett saying that the Seven Cities want to come to the table during these
negotiations. Mayor Johnson asked for consensus from the Council to allow him to sign
such a letter. The Mayors Group will be meeting again in November 1997.
There was Council consensus to have the Mayor sign a letter addressed to Supervisor
Brackett asking that the Seven Cities be included in the negotiations with PG&E.
S.L.O. Council of Governments
Councilmember Carden reported that SLOCOG will be meeting in December 1997 where
they will be discussing projects with limited or no activity and the possibility of re
directing funds. Atascadero has a few items on that list. Councilmember Carden
expressed his concern that if the projects in Atascadero do not show progress or good
reason,we will probably lose the funds. Brady Cherry will review the list of projects and
make sure they are proceeding.
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City Schools Committee
Wade McKinney reported that he met with Dr. Dodds and they are developing an agenda
for an upcoming meeting but have not scheduled a date at this time.
North County Council
The Mayors and Managers will meet and put together an agenda before the Council meets.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Councilmember Luna reported that CalTrans is removing 200-400 trees for the Highway
41 re-alignment. He heard that CalTrans is planning on mitigating the tree removal by
planting replacement trees on the east side of the Salinas River. Councilmember Luna
stated that he thinks that is outrageous and the Council should make them change their
plans. ANTA finds receiver sites and does tree mitigation. He expressed his desire to have
them do the tree mitigation instead of leaving it up to CalTrans, especially since they insist
on putting the trees on the east side of the Salinas River.
Councilmember Clay stated that he was not sure if CalTrans planned on putting all the
trees on the east side of the Salinas River. He explained that CalTrans was told to contact
ANTA.
Councilmember Luna stated that he thinks this situation is kind of like the Cuesta College
issue. If you leave it up to these jurisdictions to do their own thing, and we are not forceful
and political with them, I think we end up getting screwed.
Mayor Johnson asked staff to follow up on where CalTrans is planning on placing the
trees.
Councilmember Clay stated that he is concerned about the interchange, before it is
completed,that the old bridge be kept in place until this interchange is completed.
Councilmember Carden announced that SLOCOG has a project study report on that
interchange. It looks like that interchange and the Highway 41 re-alignment will happen
very closely together.
City Clerk
Marcia Torgerson, City Clerk, announced to the Council that there is a Joint Cities
Council Meeting scheduled for January 22, 1998 but, as Mayor Johnson stated earlier,
that could be changed. I will confirm the date with you in November 1997.
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G. ADJOURNMENT:
Mayor Johnson adjourned the Regular Session at 11:50 p.m. Since the November 11,
1997 meeting has been cancelled due to Veterans'Day,Mayor Johnson adjourned to
Regular Session on November 25, 1997.
Mayor Johnson announced that the Council would now go back to the Closed Session
that was continued prior to this meeting.
CLOSED SESSION
Mayor Johnson adjourned the Closed Session at 12:00 p.m. and Roy Hanley, City Attorney
announced that, in reference to#3 Anticipated litigation, Don Brimage v. Cily of
Atascadero,the Council denied permission to file a late claim.
RECORDED AND PREPARED BY:
Ma4lt,-' )j�- -i-T- 7 OZY)--
Marcia M. Torgerson, City Cler
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