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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 CC 01/13/98 Page 1 of 10 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. CC 01/13/98 Page 2 of 10 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. CC 01/13/98 Page 3 of 10 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. CC 01/13/98 Page 4 of 10 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 CC 01/13/98 Page 5 of 10 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: CC 01/13/98 Page 6 of 10 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— CC 01/13/98 Page 7 of 10 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. CC 01/13/98 Page 8 of 10 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. CC 01/13/98 Page 9 of 10 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 CC 01/13/98 Page 10 of 10