HomeMy WebLinkAboutMinutes 051298 Approved as Submitted
June 9, 1998
ATASCADERO CITY COUNCIL
MINUTES
TUESDAY,MAY 12, 1998
CLOSED SESSION, 6:00 P.M.:
1) Conference with legal counsel—existing litigation(Govt. Code Sec. 54956.9 (a)
Name of case: Barlow v. City of Atascadero
2) Conference with legal counsel—anticipated litigation—Colony Roads
Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b)
3) Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, 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.
4) Conference with negotiator over real property (Govt. Code Sec. 54956.8)
Negotiator: City Manager
Property location: 6500 Palma Ave.
Mayor Carden adjourned the Closed Session at 6:45 p.m. and City Attorney Roy Hanley
announced that the Council gave him direction on Items#1 and#4, there was no action on Item
#2 and the City Manager shared information with the Council regarding Item#3.
REGULAR SESSION, 7:00 P.M.
Mayor Carden called the Regular Session to order at 7:01 p.m. and Council Member Luna 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, Police Chief Dennis Hegwood,
Community Services Director Brady Cherry, Acting Finance Director
Rachelle Rickard, Community Development Director Paul Saldana,
Associate Planner Gary Kaiser, Chief Wastewater Operator Mark
Markwort, Streets Division Supervisor Brian Sword, Assistant City
Engineer John Neil, and City Attorney Roy Hanley.
Others Present: City Clerk Marcia Torgerson
APPROVAL OF AGENDA:
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:
Council Member Clay asked if we could extend the burn season as the rain has continued into
May. The Council directed staff to extend the burn season.
Mayor Carden directed staff to write to the Air Pollution Control District concerning the need for
alternates as they often do not have quorums.
Council Member Luna asked why a City staff representative to the IWMA Technical Committee
is not attending the meetings. He also asked who is now the staff representative to the
Committee. Wade McKinney stated that he is the staff representative but has not received a
notice or agenda. Council Member Luna said they will be meeting tomorrow and he will make
sure that Mr. McKinney is informed in the future.
Council Member Lerno stated that he feels a member of the Fire Department should be attending
the Air Pollution Control District.
Mayor Carden asked that staff bring back the Air Pollution Control District as an agenda item in
the near future.
PRESENTATIONS:
A. Proclamation: "May 1998 —Water Awareness Month"
Jim Patterson, Conservation Manager, Atascadero Mutual Water Company, accepted the
proclamation. Mr. Patterson thanked the Council and encouraged all citizens to use water
efficiently. He also listed upcoming events in Atascadero concerning water conservation.
Police Chief Dennis Hegwood introduced John Rodgers as the new Sergeant in the Atascadero
Police Department. Sgt. John Rodgers stated that he is proud to be promoted within the police
department and is looking forward to working with the community.
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COMMUNITY FORUM:
Rush Kolemaine, P.O. Box 1990, stated that he agrees with Council Member Clay regarding the
end of the burn season.
Lindsay Hampton, 8402 Alta Vista, announced that the Atascadero Land Preservation Society
and Community Link have received a$500 grant and they are going to use it to landscape the
Link building. Also, she announced that on May 30`h the two new segments of the Anza National
Historic Trail will be dedicated.
Eric Greening, 7365 Valle, announced that the City of San Luis Obispo has released the final
EIR for the Salinas Dam Expansion. There will be a hearing on June 2, 1998. He also said that
he agrees with Council Member Clay regarding the extension of burn season.
Paul Rickets, 4475 Sycamore Road, expressed his concerns regarding The Lakes project and its
EIR. Mr. Rickets stated that this project will have a negative impact on him. He also said there
is a printing error(page 16 is missing).
Bill Bright, 11875 Santa Lucia, expressed concern of getting his weed abatement done in time
due to the late rain season. He asked that the Council look into extending the deadline for weed
abatement.
Mayor Carden closed the Community Forum.
Mayor Carden stated that he was pulling Item#C-3 and asked that it be addressed at this time.
RE: Item #C-3 - Community Services Director Brady Cherry gave the staff report.
Council Member Clay stated that Atascadero is lucky to have someone like George in
Atascadero.
PUBLIC COMMENT
Barbie Butz, 3370 San Fernando Road, ARC Committee, stated that the Committee unanimously
supports this action.
Rick Matthews, 6950 Navarette Ave., expressed his feelings concerning George Beatie and his
support of this item.
John Falkenstein, 4600 Viscano, stated his son works at the skateboard park, he appreciates the
efforts make by George, and supports this action
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
and all other Council Members to approve Resolution No. 1998-021.
Motion passed 5:0 by a roll-call vote.
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Council Member Clay stated he would like to see a nice sign for this park.
Mayor Carden read Resolution No. 1998-021 to the public.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—April 14, 1998 (City Clerk's recommendation:Approve)
2. City Council Minutes—April 28, 1998 (City Clerk's recommendation: Approve)
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]
4. Paloma Creek Park Concessionaire Agreement—Fiscal Impact: $2,00043,000 revenue
annually (Staff recommendation: Approve execution of agreement with Trinda Robbins
of Paloma Creek Mini-Mart for food concessions at Paloma Creek Park) [Brady Cherry]
5. State Route 41 Relinquishment—Fiscal Impact: Lump-sum payment from State to City
of$318,000 (Staff recommendation: Authorize, by Minute Order, the Mayor to enter into
a Cooperative Agreement with CalTrans for relinquishment of a portion of State Route
41 (Post Mile 15.8 to Post Mile 17.1) [Brady Cherry]
Mayor Pro Tem Johnson stated that he will be abstaining from Item#A-2 as he was not at the
April 28, 1998 Council meeting. Council Member Clay pulled Item#A-3.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve Items#A-1,2,4, and 5.
Motion passed 5:0 by a roll-call vote. (Johnson abstained from #A-2)
MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve Item#A-3.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
B. PUBLIC HEARINGS:
1. Zone Change#98001 —Planned Development Overlay Zone No. 8 (Gearhart/Cannon
Associates)—Fiscal Impact: None (Staff recommendation: Waive reading of Ordinance
No. 348 and introduce for first reading by title only) [Paul Saldana]
Council Member Lerno stepped down on this item due to a conflict on interest.
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Community Development Director Paul Saldana gave the staff report and answered questions of
Council.
Council Member Luna asked questions of Mr. Saldana and expressed his concern of the large
amount of grading on this site and the potential efficiency of perk tests.
PUBLIC COMMENT
John Falkenstein, Cannon and Associates, representing Mr. Gearhart, stated that he is available
for questions.
Mayor Carden closed the Public Comment period.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to approve the Negative Declaration as adequate.
Motion passed 4:0 (Lerno abstained)
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to waive reading of Ordinance No. 348 and introduce for first reading
by title only.
Motion passed 3:1 by a roll-call vote. (Lerno abstained,Luna opposed)
C. MANAGEMENT REPORTS:
1. Wastewater Treatment Facility—Design of Upgrade Improvements, Stage 1 —Fiscal
Impact: $156,860 (previously budgeted) (Staff recommendation: Adopt Resolution No.
1998-002 authorizing the Mayor to enter into an agreement with Brown and Caldwell to
design the improvements for the first stage of the wastewater treatment facility upgrade)
Community Services Director Brady Cherry gave the staff report and answered questions of
Council.
Mayor Carden asked when the Sewer Feasibility Study would be presented to Council. Mr.
Cherry stated it would be ready in the next 2 months.
Council Member Luna asked Acting Finance Director Rachelle Rickard the status of the sewer
fund at this time. She responded that as per the 1997 audit,there was cash on hand of a little
over four million dollars. She explained that part of it is for operations andpart is for capital.
PUBLIC COMMENT
Paul Rickets, 4475 Sycamore Road, reminded the Council that the capacity of the Wastewater
Plant will not even handle the addition of the proposed Lakes project.
Mayor Carden closed the Public Comment period.
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MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve Resolution No. 1998-002.
Motion passed 5:0 by a roll-call vote.
2. Public Art Donation to the Charles Paddock Zoo—Fiscal Impact: None (Parks and
Recreation Commission recommendation and the Public Arts Committee: Authorize the
execution of an agreement with Artist John D. Olt to accept the donation of a sculpture
for the Charles Paddock Zoo) [Brady Cherry]
Brady Cherry gave the staff report and answered questions of Council.
PUBLIC COMMENT
Susan Beatie, creator of the Tiger sculpture at Zoo, stressed the importance of three dimensional
art for children especially.
Mayor Carden closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
authorize the execution of an agreement with Artist John D. Olt to
accept the donation of a sculpture for the Charles Paddock Zoo.
Motion passed 5:0 by a roll-call vote.
3. Request to Name the Skate Park in Honor of George Beatie—Fiscal Impact: None (Staff
recommendation: Approve Resolution No. 1998-021, naming the Skate Park "The
Atascadero George Beatie Skate Park') [Brady Cherry]
Mayor Carden pulled this item and it was addressed after the Community Forum and
before the Consent Calendar. (See page 3)
4. Fiscal Impact Model—Fiscal Impact: A savings of approximately$2,000 (Staff
recommendation Authorize the City Manager to accept offer of Midland Pacific
Building Corporation to finance a repair/update of the City's Fiscal Impact Model)[Paul
Saldana]
Community Development Director Paul Saldana gave the staff report and answered questions of
Council.
Council Member Luna stated that he could not support this item because of the appearance of a
conflict of interest. He explained that he would rather that they use an independent consultant
review.
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PUBLIC COMMENT
Cheree Rickets, 4475 Sycamore Road, stated her concerns of this issue. She stated that
developer fees should pay for this type of item.
Rush Kolemaine, P.O. Box 1990, expressed his support of this issue as the long-term benefit
supercedes the minimal initial cost.
Mayor Carden closed the Public Comment period.
Mayor Carden stated that he agrees that this is a win-win situation as the long-term benefit
outweighs the minimal initial cost.
Mayor Pro Tem Johnson also expressed his support of this item.
Council Member Luna stated that he is concerned with the conclusions of the software and how
much they will be able to be trusted.
MOTION: By Mayor Pro Tem Johnson and seconded by Mayor Carden to
authorize the City Manager to accept the offer of Midland Pacific
Building Corporation to finance a repair/update of the City's Fiscal
Impact Model.
Motion passed 3:2 by a roll-call vote. (Lerno & Luna opposed)
Mayor Carden called for a recess at 8:25p.m.
Mayor Carden called the meeting back to order at 8:45p.m.
Paul Saldana brought up new information that he became aware of during the recess. He stated
that Midland Pacific Corporation and/or some of its principals had formally owned the
consulting firm that the City used for the fiscal impact analysis. Therefore, there might be a
conflict of interest. He suggested that the Council vote to reconsider item C-4.
MOTION: By Mayor Pro Tem Johnson and seconded by Mayor Carden to
reconsider Item#C-4 as a result of new information.
Motion passed 5:0 by a roll-call vote.
MOTION: By Mayor Carden and seconded by Council Member Clay to rescind
their approval of Item#C-4.
Motion passed 5:0 by a roll-call vote.
Mayor Carden stated, for the record,that there is no motion on Item #C-4 and no action.
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5. Initiation of Redevelopment Agency—Fiscal Impact: None (Staff recommendation:
Receive and file report and direct staff to complete establishment of Agency) [Paul
Saldana]
Paul Saldana gave the staff report and answered questions of Council.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, expressed his support for a Redevelopment Agency.
Mayor Carden closed the Public Comment period.
MOTION: By Council Member Lerno and seconded by Council Member Clay to
direct staff to complete establishment of a Redevelopment Agency.
Motion passed 5:0 by a voice vote.
6. City Engineering Services Alternatives—Fiscal Impact: None (Staff recommendation:
Authorize the City Manager to recruit for a Public Works Director/City Engineer
position to begin work in the 1998-99 Fiscal year) [Wade McKinney]
Brady Cherry gave the staff report and answered questions of Council.
Council Member Luna stated that he feels this is bad timing just one month before the new
budget comes before Council. He explained that the Council does not know how the budget will
look, and with the potential of the State taking away the Motor Vehicle In-Lieu Fees, the Council
should not be making this kind of decision at this time.
PUBLIC COMMENT: None
Council Member Luna asked Mayor Carden to have John Neil answer questions.
John Neil, Assistant City Engineer, stated that Mr. Cherry's report is pretty accurate. He stated
that he agreed that the City would benefit from having in-house staff in the Public Works area.
Mayor Carden stated that he did not feel that the City needs a Public Works Director as much as
we need an in-house City Engineer.
Mayor Pro Tem Johnson stated he agreed with Mayor Carden of the need for an in-house City
Engineer at this time.
Council Member Clay said that he would like to see more exact figures. He also expressed his
concern for the existing employees with our unsure financial future.
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Council Member Lerno stated that he agrees with staff and supports the recruitment of a Public
Works Director/City Engineer.
MOTION: By Council Member Lerno and seconded by Mayor Carden to include
recruitment of a City Engineer in the draft FY 98-99 budget.
Council Member Lerno withdrew his motion. There was Council consensus to have staff
include the recruitment of a City Engineer in the draft FY 98-99 budget.
7. Information Bulletin
D. CITY ATTORNEY REPORTS (None submitted)
E. COMMITTEE REPORTS
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Carden stated that the Executive Committee meets tomorrow and they are having a
workshop on Thursday to discuss a list of issues that have been hampering the performance of
the SLOCOG.
North County Water Task Force
Council Member Clay stated that the Salinas Dam EIR has been released.
Intearated Waste Management Authority
Council Member Luna stated that they meet tomorrow.
City/ Schools Committee
Mayor Carden stated that they will be meeting on May 18"'at 1:00 p.m.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay stated he is donating $50 towards a sign at the skatepark naming the park
after George Beatie (see Item#C-3) and he encouraged others to do same.
Mayor Carden stated that he and Police Chief Hegwood attended an event held by Matt
McFarland at the Templeton Middle School. Mr. McFarland had his students address some of
the more pressing social issues today and they made presentations. Mr. Carden said he was
impressed with the students ability to make their presentations to the attending police chiefs,
sheriffs, mayors, teachers and other political representatives.
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G. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 9:53 p.m. to the next scheduled meeting on May
26, 1998.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Cle
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