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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. CC 11/25/97 Page 2 of 10 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. CC 11/25/97 Page 3 of 10 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) CC 11/25/97 Page 4 of 10 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. CC 11/25/97 Page 5 of 10 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. CC 11/25/97 Page 6 of 10 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. CC 11/25/97 Page 7 of 10 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. CC 11/25/97 Page 8 of 10 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. CC 11/25/97 Page 9 of 10 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 CC 11/25/97 Page 10 of 10