HomeMy WebLinkAboutMinutes 011398 Approved as Submitted
ATASCADERO CITY COUNCIL Meeting Date: 01/27/98
MINUTES
JANUARY 13, 1998
CLOSED SESSION, 6:30 P.M.:
1) Conference with labor negotiator(Govt. Code Sec. 54957.6):
Agency Negotiator: City Manager
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.
2) Public Employee Appointments(Govt. Code Sec. 54954.5)
Title: Police Chief, Community Development Director
Mayor Carden adjourned the Closed Session at 7:02 p.m. City Attorney Roy Hanley,
announced that the Council gave direction to City Manager Wade McKinney on the
contracts for the Police Chief and Community Development Director appointments.
There was no action on Item#1.
REGULAR SESSION,7:00 P.M.:
Mayor Carden called the Regular Session to order at 7.06 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ray Johnson
ROLL CALL:
Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden
Absent: None.
Staff Present: Wade McKinney, City Manager; Mike McCain,Fire Chief; Steve
DeCamp,Acting Community Development Director; Brady
Cherry, Community Services Director; Lt. Bill Watton,Acting
Police Chief, Rachelle Rickard,Acting Finance Director; and Roy
Hanley, City Attorney
Others Present: Rudy Hernandez, Treasurer and Marcia Torgerson, City Clerk
City Manager Wade McKinney,requested that the Council add an item,the Acceptance
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Of a Final Parcel Map#97003,to the agenda. He explained that this issue arose after the
Preparation of the agenda. It is for a piece of property where the escrow will close on
January 20th which is prior to Council's next scheduled meeting.
Council Member Lerno stated that he would be stepping down on this item due to a
potential conflict of interest.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Johnson to approve the agenda and add the Acceptance of
Final Parcel Map#97003.
Motion passed 4.0 by a roll-call vote(Lerno abstained)
Mayor Carden stated that the newly-added item will be placed on the Consent Calendar
as Item#A-6.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Johnson thanked Community Services Director Brady Cherry for the
work that has been accomplished at the lake.
Council Member Clay commented regarding the REC program. They have reported a
reduction in disciplinary problems.
1. Committee Appointments
Mayor Carden reviewed the appointments to the various committees for the
Council Members.
2. Report from City Clerk : Planning Commission Vacancies
City Clerk Marcia Torgerson explained to the Council the status of the Planning
Commission and the current pool of applicants.
Mayor Carden stated that he would like to see the City Clerk advertise for two
vacancies and then the Council would appoint two applicants in February. He
asked for consensus from the Council.
There was consensus of the Council for the City Clerk to advertise for two vacancies of
the Planning Commission and place on the Council's agenda in February.
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COMMUNITY FORUM:
Terrill Graham, 6205 Conejo Road, expressed his concerns of the public being noticed
regarding items of importance.
PRESENTATIONS:
Acting Police Chief Lt. Bill Watton presented to the Council new employees Andrew
Small, Terry O'Farrell,Eric Vitale, and Michele Schamber.
The Council congratulated and welcomed the new employees.
CORRESPONDENCE: None.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—November 25, 1997 (City Clerk recommendation:
Approve)
2. City Council Minutes—December 9, 1997 (City Clerk recommendation:
Approve)
3. City Treasurer's Repo —November 1997 (City Treasurer's recommendation:
Review &accept)
4. November 1997 Accounts Payable and Payroll -Fiscal Impact: $936,595.11
(Staff recommendation: Approve)
5. Youth Recreation Center Building Lease—with Youth Network/Friday Variety
Night—Fiscal Impact: $900.00 monthly income (Staff recommendation: Council
authorize the City Manager to sign a lease with Youth Network/Friday Variety
Night.)
6. Accetitance of Final Parcel Map—3825 Monterey Road—Fiscal Impact:None
(Staff recommendation:Acceptfinal Parcel Map #ATAL 97-096)
Council Member Clay pulled Item#A-5. Eric Greening pulled Items#A-1 and#A-2.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member
Luna to approve Items#A-3,4, and 6.
Motion passed 5.0 by a roll-call vote(Lerno abstaining on #A-6)
RE: #A-1 —Mr. Greening pointed out a typographical error on page 6.
RE: #A-2—Mr. Greening clarified his comments on page 2.
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MOTION: By Council Member Clay and seconded by Council Member
Lerno to approve Item #A-1.
Motion passed unanimously by a voice vote.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member
Luna to approve Item#A-2.
Motion passed unanimously by a voice vote.
RE: #A-5–Council Member Clay stated that he wanted to bring attention to the fine job
that the Friday Variety Night is doing. He feels it is a great program. Community
Services Director Brady Cherry explained that the fiscal impact of this item is actually
$900 annually, not$900 monthly as stated in the agenda.
PUBLIC COMMENT
Rush Kolemaine,P.O. Box 1990, commented on Dr. Dodds,who was quoted in the
newspaper about the school's use of the Youth Center. He was concerned about the
status of that option. Mayor Carden stated that the City and the School District are
discussing joint use of the facility.
--End PUBLIC COMMENT—
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Johnson to approve Item#A-5.
Motion passed unanimously by a voice vote.
B. PUBLIC HEARINGS:
1. Revision of Ordinance No. 337–Amends Ordinance No. 304 concerning weed
abatement–Fiscal Impact:No significant impact–(Staff recommendation: Waive
the reading of Ordinance No. 337 in full and introduce for first reading by title
only)
Fire Chief Mike McCain gave the staff report and explained the ordinance to the Council.
Mayor Pro Tem Johnson asked if the public will need to be informed of these changes?
Chief McCain responded that the public is informed in their notices at the beginning of
fire season.
Mayor Carden pointed out a typographical error on page 5 of the ordinance at the top of
the page;property, should be properly.
Council Member Luna thanked Captain Motlo and Chief McCain for working with him
on this issue. He stated that he felt"with the permission of the permitting agencies with
jurisdiction over the rivers or creeks"needs to be inserted for the City's protection.
However,he said that he would prefer that"Creek,River"be deleted on page 5.
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Mayor Carden asked the City Attorney for clarification. Mr. Hanley stated that Council
Member Luna's suggested amendments would not harm the ordinance.
Council Member Lerno stated he agreed with Council Member Luna's suggestion and
there was consensus of the Council for Council Member Luna's recommendations.
Chief McCain agreed with the recommendations except for the deletion of"Creek,
River.
PUBLIC COMMENT
Eric Greening, 7365 Valle, stated that he agrees with Council Member Lerno's
comments. He discussed leaving vegetation in creeks unless a potential hazard exists.
Joan O'Keefe, 9985 Old Morro Road East, suggested some amendments that would
clarify the ordinance. She also stated that she agrees with Mr. Greening's comments.
Terrill Graham, 6205 Conejo Road, said that he is concerned about changes in the creek
as a result of cleaning the creek. He also stated that he is concerned that citizens will be
notified before work is done on private property.
Rush Kolemaine, P.O. Box 1990, stated that he is pleased to see efforts to revise this
ordinance. He asked if, by complying with this ordinance he will not be in violation of
State law. Chief McCain responded, yes.
Dorothy McNeil, 8765 Sierra Vista, agreed with Council Member Lerno that they leave
the creeks and rivers out of the ordinance. She stated that she is concerned with the
definition of vegetative growth and with the Fire Department entering private property for
weed abatement.
John McNeil, 8765 Sierra Vista, expressed respect of Chief McCain's responsibility of
fire protection for Atascadero. However,he stated he is concerned about the removal of
dead wood in trees on private property.
Eric Greening, 7365 Valle, suggested that creeks should be cleared in October,not in the
spring during nesting season.
--End PUBLIC COMMENT—
Mayor Pro Tem Johnson asked if they removed"Creek,River",what problems would
that create? Chief McCain responded that since the Fire Department takes a very active
role in assisting in the cleaning of drainage ditches, culverts and creeks which helps
protect flooding. Chief McCain also stated that it is very important to keep"Creek,
River"in the ordinance because when it falls under the code enforcement area,the red
tape for City workers to keep the community free of flooding problems takes too much
time.
Mayor Carden stated that he would rather see one weed abatement ordinance that covers
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all weeds in all places as opposed to separate ordinances that address certain weeds in
certain areas at certain times of the year.
Council Member Clay agreed with Mayor Carden and stated that he wanted the wording
suggested by Council Member Luna regarding permission of the permitting agencies.
Council Member Luna clarified that by removing"Creek, River",you still have, on page
4, requirements for flood control in waterways which would include creeks and rivers.
City Attorney Roy Hanley stated that creeks and rivers are not part of a public drainage
control. Ditches, culverts and certain pipes are part of a public drainage control.
Community Services Director Brady Cherry stated that he and City Manager Wade
McKinney had conferred and agreed that by deleting"Creek, River" on page 5, but
leaving flood control statement on page 4,you have covered all components of the issue.
He went on to explain pertinent drainage issues to the Council.
There was Council discussion regarding assisting the public in dealing with the
permitting agencies.
Council Member Lerno stated that he supports Chief McCain's recommendations.
Council Member Clay stated that he supports Chief McCain.
Mayor Pro Tem Johnson stated that the citizens need to be informed when permits are
required. Mayor Carden stated his concerns of the City's liability by making
recommendations to private citizens as to their need for a permit.
Council Member Luna stated that he can not support this ordinance without removing
"Creek, River", especially since the City Attorney pointed out that creeks and rivers are
not part of a public drainage control.
Chief McCain agreed with removing"Creek, River"based on the City Attorney's advise
regarding creeks and rivers.
Council Member Luna reviewed the suggested amendments: 1) Add language under
Section 6-13.06 regarding agencies to contact, 2) Correct typographical error on page 5
(property to properly), 3)Change title of Section 16-13.06 to"Drainage" and 4) Change
language under Section 16-13.06 to read"Any Drainage shall be cleaned...".
Council Member Luna asked Chief McCain to explain the process of identifying private
properties with weed problems. Chief McCain stated that they drive past properties,they
do not go on private property unless invited.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member
Luna to waive the reading of Ordinance No. 337 in full and
introduce for first reading by title only with the following
amendments:
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1) Add language under Section 6-13.06 regarding agencies to
contact.
2) Correct typographical error on page 5 (property to
properly).
3) Change title of Section 16-13.06 to "Drainage".
4) Change language under Section 16-13.06 to read "Any
Drainage shall be cleaned...".
Motion passed 5:0 by a roll-call vote.
2. Proposed General Plan and Zoning Amendments–4650 El Camino Real–Fiscal
Impact: None (Staff recommendation: 1)Approve Resolution No. 108-97 thereby
amending the land use designation, and, 2)Approve zone change by waiving the
reading of Ordinance No. 339 in full and introduce for first reading by title only)
Steve DeCamp gave the staff report.
Council Member Clay stated that he needs to step down due to a potential conflict of
interest.
--No PUBLIC COMMENT—
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member
Luna to approve Resolution No. 108-97 and approve
Ordinance No. 339,waiving the reading in full and introduce
for first reading by title only.
Motion passed 4.0 by a roll-call vote. (Clay abstained)
C. MANAGEMENT REPORTS:
1. Diablo Canyon Use Tax Sharing-Fiscal Impact: Potential gain 97-98, $20,000;
Potential gain 98-99, $40,000;Potential long-term loss is unknown - (Staff
recommendation:Authorize City Manager to sign a MOU with the County
Mayor Carden asked the City Attorney if he needed to step down on this item. City
Attorney Roy Hanley stated that if there is no action being taken,he did not need to step
down.
Wade McKinney gave the staff report.
Mayor Carden stated that he does have to step down on this item due to a potential
conflict of interest.
There was Council discussion concerning the options presented by the City Manager.
--No PUBLIC COMMENT—
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MOTION: By Council Member Luna and seconded by Council Member
Lerno to authorize the City Manager to sign an MOU with the
County.
Motion passed 4:0 by a roll-call vote. (Carden abstained)
2. Information Bulletin:
The Council received and filed the information contained in the Bulletin.
City Manager Wade McKinney commented that the Joint City Councils Meeting was well
attended and well organized by the City Clerk.
D. ATTORNEY REPORTS:
1. Ordinance No. 342–Sidewalk Maintenance and Repair–Fiscal Impact:None–
(City Attorney recommendation: Waive the reading of Ordinance No. 342 in full
and introduce for first reading by title only)
City Attorney Roy Hanley gave the staff report.
Council Member Clay asked if this ordinance only pertains to sidewalks. Mr. Hanley
responded that it would apply to portions of driveways that intersect sidewalks. He stated
that it would also include curbs.
PUBLIC COMMENT
Joan O'Keefe, 9985 Old Morro Road East, asked if this item is an informational report
Or an action item. Mayor Carden responded that this ordinance would be coming back
for first reading on the next agenda.
Terrill Graham, 6205 Conejo Road, spoke regarding the requirement of contractors to
have licenses. Mayor Carden stated that Mr. Graham's time was up. Mr. Graham refused
to sit down. .
Mayor Carden adjourned the meeting at 8:50 p.m.for a 10 minute break while the
Sergeant at Arms removed Mr. Graham. Mayor Carden re-opened the meeting at 9.00
P.m.
--End PUBLIC COMMENT—
Mayor Carden stated that there since there was some confusion on this item,he asked that
the City Attorney agendize this item as a public hearing on the next agenda.
2. Information Report–Cash Franchise Procedures
City Attorney Roy Hanley gave his report. He explained that Falcon Cable does not have
an exclusive franchise agreement with the City.
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The Council asked questions for clarification of the City Attorney.
E. COABUTTEE REPORTS
S.L.O. CountyMayors Group
Mayor Carden announced that they will meet on January 29`h. Chairman Ryan will
attend quarterly. Supervisor Brackett, in her capacity as President for the SLOCOG and
Chairperson of the Board of the Regional Transit Authority will make short presentation
on potential modifications to the JPA for SLORTA and SLOCOG.
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Carden stated that they have accepted the resignation of Alan Cantrell, Manager of
the Regional Transit Authority. They are looking at consolidating the transit systems.
County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
Council Member Clay stated he attended several water meetings last month. There was
discussion of the affects of water removal at Nacimiento. Also, Monterey County
attended. There is an ad hoc committee in San Luis Obispo that is working on a Water
Master Plan for the entire county.
North County Council
Mayor Carden stated that one of the water committees will be asked by NCC to create a
report addressing the options of the Nacimiento Plan on April 9t'. Council Member Clay
stated that they will have a delegate attend the NCC meeting.
Integrated Waste Management Authority
Council Member Luna announced that tomorrow's meeting was cancelled.
F. INDIVIDUAL DETERNIINATION AND/OR ACTION:
City Council
Mayor Pro Tem Johnson asked Acting Police Chief Lt. Bill Watton about the status of
Peer Court. Lt. Watton stated that he felt it was a good program. The attorney handling
that program went to Australia for a year so the program is on hold. Mayor Carden asked
the City Manager to run a press release requesting assistance from the legal community to
perpetuate this program.
City Clerk
City Clerk Marcia Torgerson asked for clarification on the issue of filling the Planning
Commission vacancies. She asked if they wanted her to advertise the vacancies and set
up interviews for any new applicants. Mayor Carden responded, yes.
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G. ADJOURNMENT:
Mayor Carden adjourned the meeting to the next scheduled Regular Session on
January 27, 1998.
MINTUES RECORDED AND PREPARED BY:
bulLul'-,)I1
Marcia M. Torgerson, City Clerk
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