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HomeMy WebLinkAboutMinutes 012798 Approved as Submitted Meeting Date: 02/24/98 ATASCADERO CITY COUNCIL MINUTES TUESDAY,JANUARY 27, 1998 REGULAR SESSION, 7:00 P.M.: Mayor Pro Tem Johnson called the Regular Session to order at 7:03 p.m. PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Present: Council Members Clay,Lerno,Luna and Mayor Pro Tem Johnson Absent: Mayor Carden Staff Present: Wade McKinney, City Manager; Mike McCain,Fire Chief; Gary Kaiser, Associate Planner; Lt. Bill Watton,Acting Police Chief; Rachelle Rickard, Acting Finance Director; John Neil,Assistant City Engineer and Roy Hanley, City Attorney Others Present: Marcia Torgerson, City Clerk APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 4.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: None. PRESENTATIONS: PROCLAMATION: February 1998 as "Prevent a Litter Month"and Tuesday,February 24, 1998 as"Spay Day USA" The Proclamation was accepted by Dr. Robert Schechter. Council Member Clay suggested that the newspaper print an article regarding the figures mentioned in the proclamation concerning the need for the spay/neuter program. COMMUNITY FORUM: Brian Dana, representative of the Atascadero Police Association, addressed their concerns of the hiring process for the new Chief of Police. Specifically,he stated their concerns about the thoroughness of the background investigation that was conducted prior to the hiring of the Chief. He asked the Council to take a step back and take a close look at the allegations and controversy surrounding this issue. Bob Sherwood, recently retired Captain from the Sheriff's office, stated that during his 27 years in the Sheriff's office he had done numerous background investigations. He stated that after reading the Telegram Tribune,he felt there had not been a complete background investigation on Dennis Hegwood. Mr. Sherwood asked the Council to take a second look at Mr. Hegwood. He said that the men and women of the Atascadero Police Department deserve better and there are plenty out there without controversy. --End Community Forum— CORRESPONDENCE: None. A. CONSENT CALENDAR: Roll Call 1. Joint City Councils' Minutes–January 8, 1998 - (City Clerk recommendation: Approve) 2. Citv Council Minutes–January 13, 1998 - (City Clerk recommendation:Approve) 3. City Treasurer's Report–December 1997 - (City Treasurer's recommendation: Review &accept) 4. December 1997 Accounts Payable and Payroll-Fiscal Impact: $1,046,661.94 (Staff recommendation: Approve) 5. Establishment of No Parking Zone on Viejo Camino–To Improve Pedestrian Safety. Fiscal Impact: $200.00 (Traffic Committee recommendation: Approve Resolution No. 1998-004) 6. Establishment of Stop Signs at the Intersection of Miramon and Sycamore–To Improve Traffic Safety. -Fiscal Impact: $300.00(Traffic Committee recommendation: Approve Resolution No. 1998-005) 7. Revision of Ordinance No. 337–Removal of Vegetative Growth-Fiscal Impact: None. (Staff recommendation: Adopt Ordinance No. 337 as amended, waiving reading in full and introducing for second reading by title only.) 8. Zone Change#97009–4650 El Camino Real(Jordan) -Fiscal Impact: None (Staff recommendation: Adopt Ordinance No. 339, waiving the reading in full and introducing for second reading by title only. CC 01/27/98 Page 2 of 6 9. Police Equipment Purchases–Using Citizen Options for Public Safety(COPS)Grant Funds–Total Funds Available: $57,155–Fiscal Impact: $51,805 (Staff recommendation: Approve expenditure as presented) 10. Memorandums of Understandine–Fiscal Impact: $2,100.00 for the current fiscal year. (Staff recommendation: Approve the Memorandums of Understanding and Resolution No. 1998-001) Item#A-10 was pulled by City Manager Wade McKinney. Items#A-5, 6 and 9 were pulled by Council Member Luna. Council Member Clay stated that he will be abstaining from Item#A-8 due to a conflict of interest. MOTION: By Council Member Luna and seconded by Council Member Lerno to approve Items#A-1,2,3,4,7, and 8. Motion passed 4:0 by a roll-call vote(Clay abstained on Item #A-8) RE: Item#A-5 Council Member Luna explained the reason for this no parking zone as he is a member of the Traffic Committee. Council Member Clay suggested some mitigations to the impact of this no parking zone. Council Member Luna stated that the issue is going to the Parks and Recreation Commission and will be returned to the Council with their recommendations. PUBLIC COMMENT R.C. "Whitey"Thorpe, 8025 Santa Ynez, suggested that the City should put curbs and gutters in. --End PUBLIC COMMENT— MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve Item#A-5. Motion passed 3:1 by a roll-call vote(Lerno voted no) RE: Item#A-6 Council Member Luna,member of Traffic Committee,pulled this item as he knew there were members of the audience that wanted to speak. Council Member Lerno asked if staff reviews the Traffic Committee recommendations. City Manager Wade McKinney responded that staff attends and acts as chairperson for the Traffic Committee. Council Member Clay stated that he could support one stop sign at Sycamore, but not three. Mayor Pro Tem Johnson asked Acting Police Chief Bill Watton what the police records show in regards to accidents at this site. Lt. Watton stated he was not aware of a problem there,however, it is probably a problem of near misses rather than accidents. Council discussion continued concerning the number of stop signs needed at this location. PUBLIC COMMENT Nellie Kennedy, 4525 Sycamore, stated that she has never seen an accident at this intersection. She agreed that one stop sign on Sycamore would be sufficient. CC 01/27/98 Page 3 of 6 Ivan Sterns, 5010 Sycamore, suggested a stop sign on Miramon would solve the problem. --End PUBLIC COMMENT— There was Council concensus to continue this item to the next meeting to allow more time to consider the options available. RE: Item#A-9 Council Member Luna stated that the City is spending a lot of money on hardware and software but questioned if the City is training employees to use it. Acting Police Chief Bill Watton responded that within the next six months the employees will be trained. Mayor Pro Tem Johnson asked if this purchase moves the Police Department closer to being able to network with City Hall. Lt. Watton responded,yes. --No PUBLIC COMMENT— MOTION: By Council Member Clay and seconded by Council Member Lerno to approve Item#A-9. Motion passed 4.0 by a roll-call vote. RE: Item#A-10 City Manager Wade McKinney pulled the Atascadero Police Officers Association,the Sergeants Service Organization and the Public Safety Technicians Organization from Item#A-10 as they have not completed the ballot process on those memorandums. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, stated that the agenda was not thorough enough. The Memorandums of Understanding were not listed for the public's awareness. -End PUBLIC COMMENT-- MOTION: By Council Member Luna and seconded by Council Member Lerno to approve Item#A-10,with the following amendment: Remove the MOD's for the Atascadero Police Officers Association,the Sergeants Service Organization and the Public Safety Technicians Organization. Motion passed 4:0 by a roll-call vote B. PUBLIC HEARINGS: 1. Zone Change#97012 (Text)–9100 Santa Barbara(Gearhart)–Fiscal Impact: None Staff recommendation: 1)Find Negative Declaration adequate, and 2)Adopt Ordinance No. 338, waiving the reading in full and introduce for first reading by title only.) Council Member Lerno stepped down on this item due to a conflict of interest. CC 01/27/98 Page 4 of 6 Associate Planner Gary Kaiser gave the staff report. He explained the changes in the approved use that the new owner was proposing. Council Member Luna stated that he has no problem with this proposal,however,he would like staff reassurance that sedimentation and erosion control that is required by Atascadero's ordinances is being fulfilled. Council discussed the issue of changing the access route. Assistant City Engineer John Neil stated that the greater distance between intersections the better they will function. There was also Council discussion concerning a swim club/tennis courts vs. only a golf course. Mr. Kaiser suggested amending Section(e)to read: "Access is allowed from Atascadero Ave. for golf course use only. Any subsequent proposals to expand recreational uses shall require conditional use permit approval." --No PUBLIC COMMENT-- MOTION: By Council Member Luna and seconded by Council Member Clay to find that the project would not have significant environmental effects and that the Negative Declaration prepared for the project is therefore adequate. Motion passed 3:0 by a roll-call vote. (Lerno abstained) MOTION: By Council Member Luna and seconded by Council Member Clay to approve Zone Change#97012 by adopting Ordinance No. 338, waiving the reading in full and introducing for first reading by title only with the following amendment: Section (e) to read, "Any substantial expansion of recreational uses beyond a 9-hole golf course shall require preparation of a traffic study. The result of that traffic study and recommendation shall appear on the Consent Calendar of the City Council." Motion passed 3:0 by a roll-call vote(Lerno abstained) 2. Sidewalk Maintenance and Repair—Fiscal Impact: None (City Attorney recommendation: Adopt Ordinance No. 342, waiving the reading in full and introducing for first reading by title only.) City Attorney Roy Hanley gave the report. --No PUBLIC COMMENT-- MOTION: By Council Member Luna and seconded by Council Member Clay to adopt Ordinance No. 342,waiving reading in full and introducing for first reading by title only. Motion passed 4.0 by a roll-call vote. CC 01/27/98 Page 6 of 6 C. MANAGEMENT REPORTS: 1. California Manor– 10 165 El Camino Real (Staff recommendation: Authorize City Manager to execute Contract#97052) City Manager Wade McKinney gave the staff report. He explained the purpose of the contract in detail Robert Lilley, representative of the applicant, explained why his clients felt the need for this contract. He also explained the need that California Manor has filled in Atascadero. He urged the Council to authorize the City Manager to sign the contract. --No PUBLIC COMMENT— Motion: By Council Member Luna and seconded by Council Member Clay to authorize the City Manager to execute Contract#97052 Motion passed 4:0 by a roll-call vote. 2. Information Bulletin D. ATTORNEY REPORTS: None. E. COMMITTEE REPORTS Economic Vitality Corporation Mayor Pro Tem Johnson explained that they have been reviewing their expectations. F. INDIVIDUAL DETERMINATION AND/OR ACTION: None G. ADJOURNMENT: Mayor No Tem Johnson adjourned the Regular Session at 8:05 p.m. to the next scheduled regular meeting on February 10, 1998. MINUTES RECORDED AND PREPARED BY: _ 1 City Clerk Marcia M. Torgerson CC 01/27/98 Page 6 of 6