HomeMy WebLinkAboutMinutes 041498 Approved as Submitted
Meeting Date: 05/12/98
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY,APRIL 14, 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) Conference with legal counsel—Anticipated litigation—Colony Roads
Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b)
Mayor Carden adjourned the Closed Session at 7:05 p.m. and City Attorney Roy Hanley
announced that no action was taken in Closed Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Carden called the Regular Session to order at 7:10 p.m. and Council Member Clay led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden
Absent: None
Staff Present: City Manager Wade McKinney, Fire Chief Mike McCain, Community
Services Director Brady Cherry, Community Development Director Paul
Saldana, Acting Finance Director Rachelle Rickard, Lt. Bill Watton, Chief
Wastewater Operator Mark Markwort, Finance Technician Valerie
Humphrey, Assistant City Engineer John Neil, and City Attorney Roy
Hanley.
Others Present: City Clerk Marcia Torgerson
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna stated that the General Plan mentions that a fund has been established
pursuant to State Law to be put towards the undergrounding of utility lines in the Business
Districts. He suggested that it would be appropriate to use this fund to underground the utility
lines at the Bonnema Brewing Co. City Manager Wade McKinney responded that he is looking
into this issue with PG&E. He stated that this fund was used during the Morro Road project but
he is not sure of the status of the fund at this time. Mr. McKinney said that he will bring
information back to the Council as to the status of the fund and what steps are necessary to target
the Bonnema Brewing Co.
PRESENTATIONS:
A. Proclamation: "April 1998—Alcohol Awareness Month"
Sue Warren, a representative of the North County Connection, accepted the Proclamation.
B. Proclamation: "April 24, 1998—Special Olympic's Day"
C. Presentation to Donald Reaber for an act of bravery above and beyond the call of duty.
Mayor Carden presented a plaque to Mr. Reaber.
COMMUNITY FORUM:
Raymond Jansen, 6655 Country Club Drive, spoke concerning his view of general principles.
Bill Zimmerman, 6225 Lomitas Road, expressed his appreciation for the City's support for him
during his illness.
A. CONSENT CALENDAR: Roll Call
1. City Treasurer's Report—February 1998—Fiscal Impact: None (City Treasurer's
recommendation: Review and approve)
2. Zone Change#97012—3705-3905 El Camino Real (City of Atascadero)—Fiscal Impact:
None (Staff recommendation: Adopt Ordinance No. 345 approving Zone Change
#97012, waive the reading in full and introduce for second reading by title only) [Paul
Saldana]
3. 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 second reading by title only) [Roy Hanley]
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4. Southern Pacific Transportation CompM Pipeline Crossing Agreement—Fiscal Impact:
$1,125.00 (Staff recommendation: Authorize the City Manager to execute a Pipeline
Crossing Agreement with the Southern Pacific Transportation Company and to make the
necessary appropriation and liability insurance arrangements required to complete the
Agreement) [Brady Cherry]
5. Road Abandonment No. 98001 —La Linia Avenue east of El Corte Road(Chalk
Mountain Village Association)—Fiscal Impact: None (Staff recommendation: Approve
Resolution No. 1998-017 approving Road Abandonment No. 98001) [Paul Saldana]
6. Annual Claim for Transportation Development Act Funds—Fiscal Impact: $538,770.00
(Staff recommendation: Approve Resolution No. 1998-016 authorizing the filing of a
claim for 1997-98 Transportation Development Act Funds) [Brady Cherry]
7. State Master Ajzreement— Sets out the requirements and conditions to be met before
Federal funds can be authorized and distributed—Fiscal Impact: By not entering into the
State Master Agreement, the City will lose a significant source of funding for capital
projects (Staff recommendation: Authorize the City Manager, by minute order, the
execution of State Master Agreement No. 05-5423.) [Brady Cherry]
8. Acceptance of Final parcel Map—Finalize the subdivision of an 8.74 acre site into two
(2)parcels of 4.74 and 4.0 acres (9060 San Rafael Road: Drexler)—Fiscal Impact: None
(Staff recommendation: Accept Final Parcel Map for approved Tentative Parcel Map
#97007) [Paul Saldana]
Mayor Pro Tem Johnson pulled Item#A-3
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Items #A-1,2, 4, 5,6, 7, and 8.
Motion passed 5:0 by a roll-call vote.
RE: Item 4A-3: Mayor Pro Tem Johnson expressed his concerns with the proposed Ordinance
as to some specific wording. The other Council Members also stated their similar concerns. The
Council discussed sending the proposed Ordinance back to staff for revision.
PUBLIC COMMENT
Rush Kolemaine, Box 1190, stated that he is opposed to the proposed Ordinance as written and
that he has similar concerns as the Council.
Mayor Carden closed the public comment period.
City Attorney Roy Hanley handed out to the Council and shared with the public via overhead
projector, suggested wording that the Council could consider as amendments to the proposed
Ordinance.
Council Member Clay stated that he is concerned about the wording in the proposed Ordinance
that relates to private property.
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There was lengthy Council discussion on potential amendments to the proposed Ordinance.
MOTION: By Mayor Carden and seconded by Council Member Luna to adopt
Ordinance No. 346 with the following amendments:
1. Add, "WHEREAS, The City Council finds that when the
Police Department,is reasonably aware that a vehicle has been
parked for purpose of sale and is not simply parked for other
legitimate purpose, it should be able to require the vehicle to be
moved."
2. Replace (c) 2)with, "If the vehicle is not moved within 24
hours, a citation will be issued. The maximum penalty for a
first violation of this ordinance is 75 dollars. The maximum
penalty for a second violation within a twelve month period is
250 dollars. The maximum penalty for a third violation within
a twelve month period is 500 dollars."
3. Replace (c) 3)with, "If the vehicle is found on a city street in
violation of section (c) 2) a second time within 30 days, the
vehicle may be impounded and towed at the owner's expense."
Motion passed 3:2 by a roll-call vote. (Clay and Lerno opposed)
B. PUBLIC HEARINGS:
1. 1998 Community Development Block Grant(CDBG) Allocation—Fiscal Impact:
$225,227.00 (Staff recommendation: Direct staff to forward to the County Board of
Supervisors allocation recommendations for the 1998 CDBG) [Rachelle Rickard]
Wade McKinney gave the staff report.
Mayor Carden asked for clarification concerning the Kelly Gearhart application. Mr. McKinney
explained that due to Council Member Lerno's conflict on this item, he may step down and the
balance of the Council may vote on the application. Then, Council Member Lerno may re join
the Council for the balance of the public hearing.
Council Member Lerno stepped down on this item due to a conflict of interest.
Acting Finance Director Rachelle Rickard explained to the Council that the Kelly Gearhart
application for CDBG funding is not eligible. CDBG regulations do not allow a private
individual to purchase land with CDBG funds.
PUBLIC COMMENT -None
MOTION: By Council Member Luna and seconded by Council Member Clay to
deny Kelly Gearhart's application for CDBG funding.
Motion passed 4:0 by a roll-call vote. (Lerno abstained)
Rachelle Rickard explained the CDBG process and answered questions of Council. Ms. Rickard
asked Dana Lilley of the County Planning Department to help answer the Council's questions.
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Dana Lilley, County Planning Department, explained the requirements of HUD.
Mayor Pro Tem Johnson suggested that they allocate $20,000 to EVC instead of allocating those
funds to the Paloma Park Access Bridge Project.
Council Member Lerno stated he supports the Paloma Park Access Bridge Project.
Council Member Clay also stated he supports the Paloma Park Access Bridge Project.
PUBLIC COMMENT
Susan Warren,North County Connection, 8600 Atascadero Ave., requested the Council consider
funding their application.
Sue Guerrero, 1 Quail Ridge, a volunteer staff member for Friday Variety Night. She spoke in
support of Friday Variety Night receiving funding for their application.
Lacey Gray, 5325 Cabrillo, 13 years old, spoke in support of the Friday Variety Night.
Michela Vargas, 5365 Capistrano, 12 years old, spoke in support of the Friday Variety Night.
Tamara Straub, Atascadero resident, spoke in support of the Friday Variety Night.
Delinda Redding, 218 Via La Pas, San Luis Obispo, Director of the Friday Variety Night at the
Masonic Temple, explained the services offered by the Friday Variety Night. She asked the
Council to re-consider their application.
Wes Redding, 218 Via La Pas, San Luis Obispo, spoke in support of the Friday Variety Night.
He explained how well the organization operates and how much they offer the youth.
Mayor Carden closed the public comment period.
Council discussion ensued with suggestions from individual Council Members for adjustments to
the staffs' recommendations.
Mayor Carden stated that he supports the funding of the revolving loan plan with the Economic
Vitality Corporation to ensure a sound future for the youth of the community.
Council Member Luna asked for clarification of the revolving loan fund. Mr. McKinney
explained that the revolving loan fund does still have $100,000 that is not committed.
MOTION: By Mayor Pro Tem Johnson and seconded by Mayor Carden to
approve the staff recommendations with the following amendments:
1. Do not fund the City of Atascadero—Community Services
Department's Paloma Park Access Bridge Project.
2. Fund $20,000 to the Economic Vitality Corporation.
3. Fund $4,000 to Community Services Foundation's Youth
Activity Scholarships—Low Income Youth.
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4. Fund $3,300 to Youth Network—Friday Variety Night's
Special Events/Activities.
Motion passed 3:2 by a roll-call vote. (Lerno & Luna opposed)
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve the balance of staff s recommendations.
Motion passed 4:1 by a roll-call vote. (Lerno opposed)
Council Member Clay stated that, for the record, he does not remember ever complaining about
the traffic on Viejo Camino.
Mayor Carden called a 10-minute recess at 8:50 p.m.
Mayor Carden called the Regular Session back to order at 9:00 p.m.
C. MANAGEMENT REPORTS:
1. Landmark Tree Designation—Intersection of Arcade and El Corte Roads/Chalk
Mountain Village—Fiscal Impact: None (Staff recommendation: Approve Resolution
No. 1998-018 designating a 30 inch diameter Blue Oak tree located in the El Corte Road
right-of-way as a landmark tree) [Paul Saldana]
Paul Saldana gave the staff report and answered questions of Council.
PUBLIC COMMENT
Dan Scarry, 722 Buchon, San Luis Obispo, Chalk Mountain Village Associates, stated he
supports this item and will answer any questions the Council might have.
Mayor Carden closed the public comment period.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Resolution No. 1998-018.
Motion passed unanimously by a voice vote.
2. Economic Investment Strategy—Fiscal Impact: Will increase revenue as new businesses
locate (Staff recommendation: Adopt the Economic Investment Strategy) [Paul
Saldana]
Paul Saldana gave the staff report. The Council asked questions, expressed their concerns and
made suggestions for modifications to the strategy.
Mayor Pro Tem Johnson suggested some changes to the wage criteria in the proposed strategy.
In particular, he asked that it state that entry-level jobs will be full-time employment with
starting wages and benefits equal to the County average as set forth in the Private Industry
Council Annual Report.
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Council Member Luna stated he cannot support this item because of his concern about using tax-
payers dollars to recruit things like more fast-food restaurants with minimum wage jobs. He then
pointed out specific language in this item that was of concern to him.
PUBLIC COMMENT
Bill Zimmerman, 6225 Lomitas Road, commended the Council for beginning to work on this
issue. He stated that this strategy is not appropriate for Atascadero. He expressed his concern of
the lack of public input on this issue.
Rush Kolemaine, P.O. Box 1990, read a prepared statement into the record that expressed his
support to this issue and Item#C-3. (See Attachment A)
Gregg Goodwin, President of the EVC, spoke in support of the recommendations of staff.
Mayor Carden closed the public comment period.
Mayor Carden, Council Member Clay and Council Member Lerno expressed their support of this
strategy.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Lerno
to adopt the Economic Investment Strategy with the following
amendment:
Include, "Entry-level jobs will be full-time employment with starting
wages and benefits equal to the County average as set forth in the
Private Industry Council Annual Report."
Motion passed 4:1 by a roll-call vote. (Luna opposed)
3. Downtown Master Plan Report—Fiscal Impact: Increased investment in the downtown
area could result in additional revenues to the City (Staff recommendations: Receive
and file report and provide policy direction to staffi [Paul Saldana]
Paul Saldana gave the staff report. The Council asked questions and made suggestions for
revisions.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, stated that he feels the boundaries for the Downtown are not
well known by the public. He also noted that the majority of our businesses are not in the
Downtown.
Bill Zimmerman, 6225 Lomitas Road, stated that he agrees that the Downtown needs
improvement and encourages the Council to involve the Planning Commission and the
community in the process.
Mayor Carden closed the public comment period.
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MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to initiate the General Plan Amendment process to study the
Downtown Master Plan.
Motion passed 5:0 by a roll-call vote.
4. Alamo Avenue Sewer Assessment District—Set date and time for a public hearing—
Fiscal Impact: $45,641.79 (Staff recommendation: Establish June 9, 1998 at T 00 p.m.
or later for a public hearing to allow the formation of a sewer assessment district to
repay the City for costs incurred for the installation of the sewer along a portion of
Alamo Avenue) [Brady Cherry]
Brady Cherry gave the staff report and answered questions of the Council.
PUBLIC COMMENT
Greg Hagopian, 4790 Alamo Ave, stated that the property owners were not noticed in advance
for the neighborhood meeting. He said he supports Alternative#2.
Ernie French, 4700 Alamo, spoke for his neighbor Mike Ferguson and himself. They also
support Alternative #2.
Mayor Carden closed the public comment period.
Mayor Carden asked City Attorney Roy Hanley to clarify Proposition 218's effect on this issue.
The Council discussed at length all of the alternatives suggested by staff.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve staffs recommendation of Alternative#4, "Establish a
unique extension or connection fee, for this particular portion of
sewer,that includes the cost of construction."
Motion passed 5:0 by a roll-call vote.
5. Information Bulletin
D. CITY ATTORNEY REPORTS (None submitted)
E. COMMITTEE REPORTS
Water Committees
Council Member Clay stated that the County Water Plan is near completion.
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North County Council
Mayor Carden stated that they met last Thursday and decided to continue on an as-needed basis.
They are appointing an executive committee which will meet and discuss items of mutual
concern. Mr. Carden announced that he appointed himself as the delegate and Mayor Pro Tem
Johnson as his alternate.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Carden asked the Council their opinions regarding Proclamations. He asked that when
someone comes to the City Manager's office requesting a proclamation that they be directed to
seek out a sponsor from the Council. The majority of the Council did not feel the current process
needed to be changed.
Mayor Carden asked the Council their opinions regarding the City putting up poles for event
banners across El Camino Real. There was consensus that the City could coordinate such an
action but the community organizations would also need to be involved.
G. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 10:52 p.m. to the next scheduled Regular
Session on April 28, 1998.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgcrson, City C rk
ATTACHMENTS: Attachment A: Prepared statement—Rush Kolemaine
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ATTACHMENT A
Atascadero CIty Council
Meeting date: 4/14/98
R. S. Kolemaine /P.O. Box 1990/Atascadero CA 93423-1990/FAX/Fone (805)466-8200/elfenix®aol.com
14 April 98
ATASCADERO CITY COUNCIL
6500 Palma Avenue
Arascadero CA 93422
REF: Council Agenda Items G2, C-3, 04/14/98
Gentlemen:
With regard to the above two agenda items, I wish to here offer my support for these
items, with certain reservations as noted below.
Both of these items will represent a worthy effort by the Council to begin.to establish
realistic and necessary efforts and processes, which have been notably and regretfully
missing in City of Atascadero history, to adapt our city and city government to the realities of
the times and world within which we now and in the future will exist.
Item C-2, especially follows in the. shadow of the City's General Plan Economic
Element on which I labored at length in 1993-94, finally opening the door to a more
productive response to any future applications to establish desirable business and industry in
our city. I have discussed the "Economic Investment Strategy" with our Community
Development Director and am pleased to see this well-considered proposal finally before
any City Council.
If I have any caveats at this time, they are limited to the expressed concern for "new
revenues to the City". While this is certainly a necessary and worthwhile goal, I hope that
the City's important gains from indirect revenues through potential greater private payroll,
expenditures and local investment is also recognized in supporting this strategy.
With regard to Item C-3, I hope the Council will note the near-failure of the current
Downtown Master Plan of 1990 .for not having been continually updated and revised as
condition changes required, and the need to re-visit and update this plan or to possibly start
again from scratch to provide the business community with an improved and more realistic
version on which they might hereafter rely.
Resp tfully,
Kolemaine
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