HomeMy WebLinkAboutMinutes 112597 Approved as Submitted
January 13, 1998
ATASCADERO CITY COUNCIL
MINUTES
NOVEMBER 25, 1997
CLOSED SESSION, 6:30 P.M.:
1) 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 7.10 p.m. and Roy Hanley, City
Attorney, announced that there was no action taken by the Council during the Closed
Session.
OPEN SESSION, 7:00 P.M.:
Mayor Johnson called the Open Session to order at 7:12 p.m. and Council Member
Carden led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None.
Others Present: Marcia M. Torgerson, City Clerk; Rudy Hernandez, City Treasurer
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.
CITY COUNCIL REORGANIZATION:
A. Council appointment of Mayor and Mayor Pro Tem
Mayor Johnson explained that annually the Atascadero City Council reorganizes,
choosing a new mayor and mayor pro tem. He also thanked City of Atascadero
employees for their support during the last year. Mayor Johnson also thanked the support
staff of the Council. He also thanked the Council Members for their cooperation during
his year as mayor. Mayor Johnson then turned the meeting over to Marcia Torgerson,
City Clerk,to handle the election of the new mayor and mayor pro tem.
The City Clerk asked for nominations for the office of mayor. Council Member Lerno
nominated Council Member Carden. Council Member Clay seconded the nomination.
Mayor Johnson moved that the nominations be closed.
Council Member Carden was unanimously elected to the Mayor position by a voice
vote.
B. Presentation to outgoing Mayor Ray Johnson
Mayor Carden presented a plaque to outgoing Mayor Johnson for his leadership and
service to the community as mayor.
Mayor Carden asked for nominations for the office of mayor pro tem. Council Member
Clay nominated Council Member Johnson. Council Member Lerno seconded the
nomination. Mayor Carden moved that the nominations be closed.
Council Member Johnson was elected to the Mayor Pro Tem position by a voice vote
4.1 (Luna opposed).
C. Review committee appointment
Mayor Carden asked that the Council Members and City staff give him letters of interest
In the various committees. He will then review the list of committees and make the
appointments at the next meeting.
APPROVAL OF AGENDA: Approved 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay complimented Acting Police Chief, Bill Watton, for hiring an
Atascadero resident to the Police Department.
Mayor Pro Tem Johnson complimented the Police Department on their work in solving
the check scam.
COMMUNITY FORUM:
Eric Greening, 7365 Valle,thanked Council Members Clay and Luna for attending the
ANTA's"Day of the Oak." He stated that the City of San Luis Obispo seems to be in the
process of detaching the Salinas Dam issue from the Nacimiento issue while they still
claim they are going to approve the projects. He also discussed legal strategies for the
North County. Mr. Greening explained that he has left pertinent information regarding
this issue with the City Clerk for the Council's review.
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Council Member Clay thanked Mr. Greening for taking the time to attend these meetings
and the time he spends researching the issues and sharing his thoughts with the Council.
William Zimmerman, 6225 Lomitas Road, congratulated Mayor Carden and Mayor Pro
Tem Johnson. He expressed his opinion that he would be very proud of our City if next
year the senior member of the Council, George Luna, is chosen for the Mayor position.
Mr. Zimmerman also stated his displeasure for the ad by the Integrated Waste
Management Authority urging people to send empty 2 liter Coke bottles back to Coca-
Cola because they don't use recycled materials. Also,the EVC paper, which recently
supported the Hearst development, also lobbied and asked others to speak out in favor of
the project. Mr. Zimmerman was opposed to the tone of the article, as public funds
support the EVC. He requested that the Council study major SLOCOG, EVC, Air
Pollution Control actions that are pending and have more contact with the Council's
representatives in these organizations so as to assure they are aware of the Council's
position on those actions.
Council Member Luna stated that as a member of the IWMA, he supports the sending
back of plastic bottles to Coca-Cola. He stated that yes, it is expensive, but it is a way of
sending a message to the company that they need to produce recycled products.
Robert Nimmo, 7375 Bella Vista Road, expressed his appreciation to the Council for the
thankless job they perform. He stated that the satisfaction of their job as public servants
will come from their own inner knowledge that they have done the best job they could for
Atascadero.
PRESENTATIONS:
1. "Proclamation to the World",presented by Bishop Swensen of the Church of
Jesus Christ Latter-day Saints. The proclamation expresses the importance the
family plays in the lives of all of us.
2. Greg Goodwin- Economic Vitality Corporation update
Mr. Goodwin, President and Chief Executive Officer of the Economic Vitality
Corporation of San Luis Obispo County gave the Council an update on the EVC's
progress. He explained that in 1998 they will be assisting Atascadero to conduct a
strategic plan for the community. Their most notable success in Atascadero this
year is Bonnema Brewing Co. Mr. Goodwin explained that Atascadero made a
loan guarantee of$80,000, which enabled Bonnema Brewing to secure $750,000
of small business administration funding. They will create employment for over
70 employees which will mean 1.4 million dollars per year in salaries for
Atascadero.
Council Member Clay asked Mr. Goodwin to work with the new owners of the Carlton
Hotel. Mr. Goodwin stated that he will be working with the Economic Round Table on
setting priorities for Atascadero's future. He explained that the Carlton Hotel might not
meet the criteria set out by the ERT,but the future tenants probably will.
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Council Member Luna asked if the Council can have a copy of his report in writing. Mr.
Goodwin responded,yes.
Mayor Pro Tem Johnson asked Mr. Goodwin to share with the Council what the EVC
goes through before it approves a project that is before a local elected body. Mr.
Goodwin explained that the process followed by the EVC was to support a project if the
local elected body support the project. He also stated that the Hearst Project,which the
EVC supports, is only in the concept stage.
Mayor Carden asked Mr. Goodwin when the strategic initiatives for Atascadero will be
set and when would there be a document in place to work from concerning retention
programs and attraction programs. Mr. Goodwin responded that the EVC has been
encouraging the ERT to set a date and move forward. There has been some delay as
a result of the hiring of the new City Manager. He explained that the City Council will
need to meet with the ERT and key staff and then the EVC will begin an 8-week process
of developing a 5-year vision for Atascadero. He stated that he will be available in early
Spring. Mr. Goodwin said that if the Council would like to see copies of the strategic
plan that the EVC put together with Grover Beach,he would be happy to make them
available. He stressed that this is a very worthwhile process. Mayor Carden stated that
he was hoping for some more immediate guidelines for current business owners. Mr.
Goodwin said that the EVC would be able to sit down with Atascadero and work on such
a project.
Council Member Clay asked who is involved in creating a strategic plan for Atascadero.
Mr. Goodwin explained that the City Council is the base. Also included in the process
would be key Administrative staff,the City Manager, key Planning and Community
Development staff, and 8-10 members of the community chosen by the Council. It would
be an 8-week process. All participants would be asked to commit to 1 1/2 hours per week,
6:30—8:00 a.m. in the Council chambers. This group would do a strengths,weaknesses,
opportunities and threats analysis, which is basically a business plan.
CORRESPONDENCE -None
A. CONSENT CALENDAR: Roll Call
1. Cily Council Minutes- October 28, 1997 (City Clerk recommendation: Approve)
2. City Treasurer's Report- October 1997 -No Fiscal Impact (City Treasurer's
recommendation: Review &accept)
3. October 1997 Audited Bills and Pa roll -Fiscal Impact: $936,448.15 (Staff
recommendation: Review &accept)
4. El Camino Real Bikeway Improvements -Fiscal Impact: $27,01657,previously
budgeted (Staff recommendation: Accept improvements as complete and
authorize release of project retention, less liquidated damages)
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5. Surface Transportation Program Funding Applications-Approve applications for
Regional and Urban State Highway Account funds for the next 6-year funding
cycle-Fiscal Impact: $4,500,previously budgeted for updated of CIP (Staff
recommendation: Approve by minute order)
6. Purchase of 17-passenger accessible bus through State Department of General
Services -Fiscal Impact: $37,803,plus 1%state service fee, available in the FY
97/98 Budget through a UMTA Section 18 Grant(Staff recommendation: Adopt
Resolution No. 101-97)
7. Report on Construction Agreements for Paloma Creek Park Flood Damage
Restoration Atascadero Lake Outlet Diversion Dike and Atascadero Creek
Pipeline Repairs -Fiscal Impact: Paloma Creek project$13,000, FEMA-Grant
funded;Atascadero Lake project$19,975.50,funded by existing allocation in
General Fund Drainage Account;Atascadero Creek project$21,000, FEMA-
Grant funded (Staff recommendation: Authorize City Manager to execute three
separate agreements with A-Jay Excavating, Inc.for flood control and repair
projects)
8. Support for AB 1151, which codifies the implementation of daytime curfews -No
Fiscal Impact (Staff recommendation.: Adopt Resolution No. 102-97)
9. Establishment of a no parking zone at 5585 El Camino Real - To improve sight
distance for vehicles exiting the Atascadero Police Station-Fiscal Impact: Curb
painting estimated at$20 (Traffic Committee recommendation: Adopt Resolu-
tion No. 105-97)
10. Installation of stop intersection on Magdalena Ave. at Mercedes Ave. -Fiscal
Impact: Estimated at$100.00 (Traffic Committee recommendation: Adopt
Resolution No. 106-97)
11. Establishment of a no-parkingzone one at 5905 East Mall - To improve access for
Dial-a-Ride buses at this location-Fiscal Impact: Cost of curb painting esti-
mated at$20 (Traffic Committee recommendation: Adopt Resolution No. 104-
97)
12. Second reading of Ordinance No. 335, amendment to nighttime curfew
regulations-No Fiscal Impact (City Attorney recommendation: Motion to waive
reading in full and adopt on 2"d reading by title only)
13. Second reading of Ordinance No. 336, amending the PERS contract to include the
4d'Level of the 1959 Survivor Benefit for Safety members -No Fiscal Imlpact
(Staff recommendation: Motion to waive reading in full and adopt on 2" reading
by title only)
Council Member Luna pulled Item#A-9. Council Member Clay announced that he
would be unable to vote on Item#A-9. Eric Greening pulled Item#A-8.
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RE: Item#A-8: Eric Greening urged Council to disregard staff recommendation and ask
staff to return with a resolution opposing AB 1151. He stated that Atascadero is home to
hundreds of home-schoolers to whom this legislation would be a slap in the face by
making it a crime to not be in school during school hours.
Mayor Pro Tem Johnson asked the City Attorney if this Resolution is saying that home
schoolers can be arrested for not being in school. Roy Hanley, City Attorney, stated that
he did not read it that way.
Council Member Luna asked if the City Attorney had read the Assembly Bill. Mr.
Hanley responded that he did not prepare the report in front of the Council tonight,
however,he has paid some attention to the Assembly Bill. He stated that he did not think
it was intended to affect the parents' decision to home-school,however, it is a problem to
watch.
Mayor Carden asked Acting Police Chief Watton was his view was on this issue, since
the Police Department would be the enforcement agency. Lt. Watton responded that this
item is only supportive; it is not something that Atascadero is going to institute at this
time. Mr. Hanley added that if AB 1151 passes, it will give this Council the authority,
within constitutional parameters,to pass a daytime truancy ordinance.
Council Member Luna stated that he would feel more comfortable if he could read the
Assembly Bill 1151 before supporting it.
PUBLIC COMMENT
Barbara Alward, 7600 Marchant Ave., a home-schooling parent, expressed her opposition
of Assembly Bill 1151. She stated that there is documentation that the ordinance that has
been implemented in other cities,based on this bill, has led to harassment of home
schoolers.
Council Member Clay asked Lt. Watton if the schools have a truancy policy. Lt. Watton
responded,yes.
Mayor Carden asked the Council if he was hearing enough concern from the Council
Members to bring this item back at a later date with more information. Mayor Pro Tem
responded that he agreed.
Brendalee Gorbahn,Atascadero, a home-schooling parent. She expressed her opposition
of this Assembly Bill.
Council Member Clay expressed his opinion that if whatever we are doing now is
working, let's not change it.
--end PUBLIC COMMENT--
Mayor Carden recommended to staff that Item #A-8 be tabled and brought back to
Council at a later date with more information.
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RE: Item#A-9: Council Member Clay stepped down on this issue due to a potential
conflict of interest. Council Member Luna stated that this item comes as a
recommendation from the Traffic Committee. Since Council Member Luna is the
Council's representative on the Traffic Committee, he recommended that the Council
send this item back to the Traffic Committee. He stated that he was under the impression
that Peabody and Plum had been notified twice about this item with no response. Now
the Council has received a letter from Peabody and Plum expressing opposition.
There was consensus of the Council to send Item #A-9 back to the Traffic Committee
for review.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member
Luna to approve Items #A-1,2,3, 4, 5,6, 7, 10, 11, 12, and 13.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS: (no items submitted)
C. MANAGEMENT REPORTS:
1. Providing workers compensation coverage for authorized volunteers and
appointed officials,pursuant to Labor Code §3363.5 -No Fiscal Impact (Staff
recommendation: Adopt Resolution No. 107-97)
Wade McKinney, City Manager, gave the staff report.
Mayor Pro Tem Johnson asked if there is any fiscal impact with this issue. Mr.
McKinney responded, no. He explained that the cost of workers' compensation is based
on wages. As the volunteers do not receive wages from the City,this would not affect
our cost of workers' compensation coverage.
--no PUBLIC COMMENT--
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt Resolution No. 107-97.
Motion passed 5:0 by a roll-call vote.
2. Report on Atascadero Creek/River Gardens Drainage Issues -No Fiscal Impact
(Staff recommendation: Request technical and financial assistance from the U.S.
Army Corps of Engineers to prepare a flood plain management plan for Atasca-
dero Creek)
Brady Cherry, Acting Public Works Director, gave the staff report.
Council Member Clay stated that he felt the focus should be on the area where the creek
exits in the River Gardens area.
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Mayor Pro Tem Johnson stated that he felt since there are concerns of the entire
watershed area, it might be to our advantage to review the entire issue.
Council Member Luna stated that he supported looking at this issue and getting some
expert help. However,he said that he hoped that the Corps of Engineers has learned from
the days when they lined the Los Angeles River with concrete.
There was consensus of the Council to support getting technical and financial
assistance from the U.S.Army Corps of Engineers to prepare a flood plain
management plan for Atascadero Creek.
3. Information Bulletin:
A. North Cooly Council
B. Joint Cit�Councils Meeting
Wade McKinney, City Manager, stated that the Joint Meeting is definitely
going to be on January 8, 1998. Mayor Carden reviewed the items for that
agenda. Council Member Luna asked if Senator Jack O'Connell and Tom
Assemblyman Bordonaro were being sent invitations. Mayor Pro Tem
Johnson responded,yes.
C. Employee Update
D. ATTORNEY REPORTS (no items submitted)
E. COMMITTEE REPORTS
S.L.O. County Mayors Group
Mayor Pro Tem Johnson stated that two weeks ago the Mayors met with Ruth
Brackett. He said that she made it clear to the Mayors that the Cities do not have
the County's support on increasing the sales tax.
S.L.O. Council of Governments/S.L.O.Regional Transit Authority
Mayor Carden stated that SLOCOG meets next week and he does want to sit
down with Rachelle Rickard,Acting Finance Director, before that meeting to get
a written statement of all the items we have submitted or are in process of
submitting.
City/School Committee
Council Member Lerno stated that there isn't a committee. Wade McKinney,
City Manager, stated that they are going to meet at some point,but we are re
formulating the committee.
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North County Council
Mayor Pro Tem Johnson said that the next meeting is on December 8, 1997 which
Mayor Carden will now be attending.
Ad Hoc Regional Water Management Committee
Council Member Clay explained that Herman Schwartz gave an interesting
presentation concerning water usage in agriculture. Council Member Clay was
especially interested in the fact that grapes use less water than alfalfa.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Luna stated that he read the minutes in his packet and was
surprised by some of the comments credited to him. However, after some
thought, he decided that he had said those comments and stated that he thought
the minutes were excellent.
Mayor Pro Tem Johnson asked for verification that there is only one meeting in
December. The City Manager responded, yes.
Mayor Carden asked Council Member Luna about the memo the Council received
from him regarding cars for sale. Council Member Luna stated that on Morro
Road, in the area of A&W,people park boats and cars with for sale signs. He said
that Arroyo Grande has an ordinance that says if you park a vehicle with a for sale
sign on a public street, not in front of your house,you can leave it there for no
more than 24 hours. If you leave it longer, it will be ticketed and possibly towed
at the owners expense.
Mayor Carden asked staff to put this issue on a future agenda.
Mayor Carden also stated that he would like to see a business incentives program
separate from a strategic plan.
City Clerk
Marcia Torgerson, City Clerk, stated that Planning Commissioner, Robert
Johnson gave the City his resignation as of November 21, 1997. She explained
the process to fill his term,based on the Atascadero Municipal Code,
stating that she would be advertising in the newspaper for interested citizens.
Council Member Clay asked what the time-frame is. Ms. Torgerson explained
when the ad would be in the newspaper and stated that it was up to the Council to
decide how to proceed after that.
There was consensus of the Council to advertise for interested citizens and have the
City Clerk come back to the Council with their applications.
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G. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 8:47 p.m. to the next scheduled
Regular Session on December 9, 1997.
RECORDED AND PREPARED BY:
M4411WILI ry
Marcia M. Torgerson,City C10C
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