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HomeMy WebLinkAboutMinutes 032498 Approved as submitted Meeting Date: 04/28/98 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, MARCH 24, 1998 REGULAR SESSION, 7:00 P.M.: Mayor Carden called the Regular Session to order at 7:02 p.m. and Mayor Pro Tem Johnson led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Staff: City Manager Wade McKinney, Police Chief Dennis Hegwood, Community Services Director Brady Cherry, Community Development Director Paul Saldana,Acting Finance Director Rachelle Rickard, Lt. Bill Watton, City Attorney Roy Hanley, and City Planner Steve DeCamp Others Present: City Clerk Marcia Torgerson APPROVAL OF AGENDA: Roll Call MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: None PRESENTATIONS: A. Proclamation: Proclaiming April 4, 1998 as "Day of the Child" and the month of April 1998 as "Month of the Child. Allyson Myers, a teacher from Atascadero Head Start, accepted the Proclamation. B. Presentation to Lt. William Watton Mayor Carden presented Lt. Watton with a plaque representing the City's appreciation for his service to the City as Acting Police Chief. C. Presentation to Mr. Steve DeCamp Mayor Carden presented Mr. DeCamp with a plaque representing the City's appreciation for his service to the City as Acting Community Development Director. COMMUNITY FORUM: Lanny Dugar, 8330 Santa Rosa Road, expressed his concern that the City of Atascadero denied his application for a conditional use permit and now feels he is a danger to the community. He assured the Council that he is not a threat. He explained that the Council answers to God, not to him. Eric Greening, 7365 Valle, explained that Cuesta College is now realizing that they will need transit service from their North County campus. He stated that the SLORTA system is in negotiations with Cuesta College. He suggested that Atascadero get involved in the process. Mary Jo Devitt, 1690 San Luis Drive, San Luis Obispo, explained to the Council the Healthy Communities Project. A. CONSENT CALENDAR: Roll Call 1. City Council Minutes–February 24, 1998 – (City Clerk recommendation: Approve) 2. City Council Minutes–March 10, 1998–(City Clerk recommendation: Approve) 3. February 1998 Accounts Payable and Payroll–Fiscal Impact: $754,327.05 (Staff recommendation: Review and approve) --no PUBLIC COMMENT— MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve Items #A-1,2, and 3. Motion passed 5:0 by a roll-call vote. CC 03/24/98 Page 2 of 8 B. PUBLIC HEARINGS: 1. General Plan Amendment#97011 /Zone Change#97012– 3705-3905 El Camino Real Fiscal Impact: None (Planning Commission recommendations: 1. Approve Resolution No. 1998-015 approving GPA #97011 and, 2. Adopt Ordinance 345 approving Zone Change 497012, waive the reading in full and introduce for first reading by title only) [Paul Saldana] Paul Saldana gave the staff report. The Council asked questions and briefly discussed the issue. --no PUBLIC COMMENT— MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve Resolution No. 1998-015 approving GPA#97011 and adopt Ordinance No. 345 approving Zone Change#97012,waiving the reading in full and introducing for first reading by title only. Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: 1. Economic Development Investment Strategy–Fiscal Impact: On a case by case basis will increase revenues if properly designed– (Staff recommendation: Receive and file report) [Paul Saldana] Paul Saldana gave the staff report. Council Member Luna stated that he is opposed to this type of incentive but he also stated that he realizes this is probably going to happen anyway. He suggested that he be able to focus this process in a direction that he could partially support. He stated that he would rather the emphasis be on careers, not jobs. Council Member Luna also said that he is opposed to incentives that create competition to existing businesses. He went on to state that he felt one of the major focuses should be on retention and expansion of existing businesses. He stated that contractual agreements that guarantee performance are absolutely necessary; and the City must be ready to enforce compliance, something the City has done a very poor job of so far. He said that he believes that incentives need to be tied to redevelopment that would benefit everyone, such as upgrading infrastructure, streetscape. Mayor Carden stressed that the Redevelopment Authority be in place first. Mayor Pro Tem Johnson stated that he agrees that we need to move ahead on economic development. He said that he agreed with Council Member Luna concerning protecting the existing businesses. Council Member Lerno stated that he is anxious to proceed with economic development but he agrees with Council Member Luna concerning protecting the existing businesses. He suggested that the final policy be more detailed. CC 03/24/98 Page 3 of 8 Council Member Clay stated that he doesn't want Atascadero to give away too much and not receive anything in return. There was lengthy Council discussion on this issue. There was Council consensus that the Downtown is a top priority. PUBLIC COMMENT Eric Greening, 7365 Valle, stated that he was glad to see that the Council does not have the gung-ho attitude of spend anything to get anything. He said that well-targeted incentives coupled with re-development is the wisest way to go. Mary Pallister, 9196 Maple St., stated that the median was the biggest mistake Atascadero ever did. She also listed other issues that she felt were poor judgement. --end PUBLIC COMMENT— There were no more questions or comments from the Council of this item. 2. Cable Television in Atascadero–Fiscal Impact: None– (Staff recommendation: Authorize the City Manager to initiate discussions with Falcon Cable) [Wade McKinney] Wade McKinney gave the staff report. The Council asked questions of Mr. McKinney. Council discussion ensued and Mr. McKinney asked Barry Egan, of Falcon Cable,to answer questions of the Council. Barry Egan, General Manager of Falcon Cable, answered questions and explained that Falcon has started some upgrades and will be completed no later than December 31, 1999. PUBLIC COMMENT Forrest Johnson, 5085 Vida, stated that he has an insignificant signal and has returned his cable box. Mary Pallister, 9196 Maple St., asked Mr. Egan why Sonic Cable has a better signal and is cheaper than Falcon. Mr. Egan responded that he is unaware of what Sonic Cable charges for its services. However, he explained that they are both regulated by the FCC. Reed Shugart, 9850 Los Lomas, expressed his concern that Falcon won't do the improvements before acquiring the 10-year extension on their agreement with the City. --end PUBLIC COMMENT— There was consensus of the Council to authorize the City Manager to initiate discussions with Falcon Cable regarding an extension to the current franchise agreement. Mayor Carden called a 5 minute recess at 8:45 p.m. CC 03/24/98 Page 4 of 8 Mayor Carden called the meeting to order at 8:55 p.m. 3. Atascadero Dial-A-Ride Management Contract—Fiscal Impact: None— (Staff recommendation: Authorize solicitation of proposals from transit contractors) [Brady Cherry] Brady Cherry gave the staff report. The Council discussed Atascadero's transit service and how to adequately address Atascadero's needs. --no PUBLIC COMMENT-- There was consensus of the Council to authorize solicitation of proposals from transit contractors. 4. General Plan Amendment#97009, Zone Change#97008 and Tentative Parcel Map #97004—7930 Santa Rosa Road(Gearhart)—Fiscal Impact: None (Staff recommendation: Deny Ordinance No. 343, rescind Resolution No. 1998-010, and rescind Resolution No. 1998-007) [Wade McKinney] Wade McKinney gave the staff report. He explained why staff was recommending the Council deny Ordinance No. 343 and rescind Resolution Nos. 1998-007 and 1998-010. Mr. McKinney stated that staff discovered that the General Plan does not allow the inclusion of an easement in the calculation of net lot area. He explained that the effect of denying the Ordinance and rescinding the Resolutions would leave the property zoned Public as it was before the Applicant applied for the zone change. Council Member Lerno stepped down of this item due to a conflict of interest. There was brief discussion of the Council on this item including the inconsistencies of land use documents and the need to coordinate them. PUBLIC COMMENT Mary Hickey, 7950 Santa Rosa Road, read a prepared statement. (See Attachment A) She asked if someone could promise her that if the Applicant applies for any improvements to this site in the future,that the neighborhood be sent a 10-day written notification. Mr. McKinney responded that there are many uses allowed by right in the Public zone that would not require notification to adjacent properties. He explained that if the Applicant applied for a permit to build a residential home on the site, it would require a Conditional Use Permit,which would trigger a 10-day notification being sent to all property owners within 300 feet. Mayor Carden added that the City cannot begin to notify neighbors every time someone makes improvements to their property if those improvements do not require any special permits. Paul Weems, 7982 Santa Rosa Road, stated that Mrs. Hickey is asking for common courtesy from the City. He reminded all of the Council Members that they have stated that they support the General Plan. CC 03/24/98 Page 5 of 8 --end PUBLIC COMMENT— MOTION: By Council Member Luna and seconded by Council Member Clay to deny Ordinance No. 343, rescind Resolution No. 1998-010 and rescind Resolution No. 1998-007. Motion passed 4:0 by a roll-call vote. (Lerno abstained) 5. Information Bulletin D. CITY ATTORNEY REPORTS 1. Parking Ordinance for Vehicles for Sale–Fiscal Impact: Minor increase in revenues from the collection of fines (City Attorney Recommendation: Waive reading of Ordinance No. 346 and introduce for first reading by title only) [Roy Hanley] Roy Hanley gave the staff report. The Council asked questions of Mr. Hanley and discussed the proposed Ordinance. Council Member Clay stated that he cannot support this Ordinance. He explained that citizens selling their cars on their own is part of the rural character of Atascadero. Council Member Clay said that he hasn't received any complaints on this issue. Council Member Luna explained that he brought this issue to the Council because there were business owners that had come to Traffic Committee meetings complaining of the lack of public parking in front of their businesses as a result of citizens parking vehicles for sale. --no PUBLIC COMMENT— The Council asked for clarification from Mr. Hanley of the wording in the Ordinance. Council Member Lerno stated that he agrees with Council Member Clay and that he feels this Ordinance is too strict. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to adopt Ordinance No. 346,waive reading in full and introduce for first reading by title only. Motion passed 3:2 by a roll-call vote. (Clay& Lerno opposed) E. COMMITTEE REPORTS Integrated Waste Management Authority Council Member Luna stated he wanted to correct something he said at the last meeting. He had said that 47%was our diversion rate. It's actually 45%. But, what is of concern is that the County is at around 20%. CC 03/24/98 Page 6 of 8 North County Council Mayor Carden stated that they will be meeting Thursday, April 9, 1998. County Mayor's Round Table Mayor Carden stated that they will be meeting on April 3, 1998. Economic Vitality Corporation, Board of Directors Mayor Pro Tem Johnson stated that he is spending some energy to get non-participating cities to contribute funds or face the fact that the EVC will fold. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Johnson announced that Jack O'Connell spoke at the League of California Cities regional dinner last Friday and stated that Mr. O'Connell said that the governor is not supportive of ERAF. Mayor Pro Tem Johnson said that several people were thanking Mr. O'Connell for assisting them in acquiring funds. He would like staff to check into this process and see if there are any funds accessible to us. Council Member Luna asked if we are still working towards being year 2000 prepared? Mr. McKinney responded that, yes, the Finance Department is reviewing upgraded software and will be ready in the year 2000. Mayor Carden stated he wanted to pass along to the Traffic Committee that he has received 3 calls concerning a potential stop sign at Avenal and Santa Rosa. Mayor Pro Tem Johnson asked that staff look into the timing of the signal on El Camino Real at Del Rio Road. Mayor Carden asked staff to keep up on the item in the League of California Cities latest bulletin concerning vehicle license legislation hearings. Also, he stated he received a letter concerning a Final Federal No Surprise Rule. He asked that staff look into this. City Clerk City Clerk Marcia Torgerson asked the Council Members to let her know if they were planning on attending the North County Council meeting on Thursday, April 9, 1998. City Manager Wade McKinney said he wanted to remind the Council of the Joint City Council/Planning Commission Workshop on Tuesday, March 31, 1998. Also, he wanted to share with the Council that Mr. Bill Zimmerman, Chairman of the Planning Commission, is ill and underwent surgery today. He told the Council that he would keep them informed as to his progress. Lastly, Mr. McKinney explained to the Council that he had received a call from Mr. DeCarli of SLOCOG concerning 4 or 5 million dollars available in additional federal funds. However, the congressional office requested these funds be used from San Luis Obispo and south as previous funds have been allotted to Highway 46. CC 03/24/98 Page 7 of 8 G. ADJOURNMENT: Mayor Carden adjourned the meeting to the Joint City Council/Planning Commission Workshop on Tuesday, March 31, 1998. RECORDED AND PREPARED BY: 61MA4Vl' ) Marcia M. 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