HomeMy WebLinkAboutMinutes 052698 Approved as Submitted
DATE: 06/23/98
MINUTES
ATASCADERO CITY COUNCIL
TUESDAY,MAY 26, 1998
CLOSED SESSION,6:30 P.M.:
1) 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.
City Attorney Roy Hanley announced that the Council gave direction to the City Manager.
REGULAR SESSION, 7:00 P.M.:
Mayor Pro Tem Johnson called the meeting to order at 7:05 p.m. and led the Pledge of
Allegiance.
ROLL CALL:
Present: Council Members Clay, Lerno, Luna and Mayor Pro Tem Johnson
Absent: Mayor Carden
Others Present: City Clerk Marcia M. Torgerson
Staff Present: City Manager Wade McKinney, Fire Chief Mike McCain, Police Chief
Dennis Hegwood, Community Services Director Brady Cherry, Acting
Finance Director Rachelle Rickard, Community Development Director
Paul Saldana, Finance Technician Valerie Humphrey and City Attorney
Roy Hanley.
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:
Council Member Clay expressed his appreciation to all that served in the Korean War.
PRESENTATIONS:
A. Proclamation: "Commending the Atascadero Native Tree Association for their
Commitment to make Atascadero a Tree City"
Cory Meyer, President of ANTA accepted the proclamation and thanked the Council for the
recognition.
Ben Parker, Unit Forester, CA Department of Forestry,presented the City of Atascadero, for the
tenth year, the recognition of Tree City USA. He presented the Council with a plaque and flag.
B. Proclamation: "Supporting Amtrak's Purchase of New Equipment for San Diegan Rail
Corridor"
C. Recognition of Tom Way, recipient of the Distinguished Service Award from the
Emergency Medical Services Agency.
Tom Way accepted the certificate.
COMMUNITY FORUM:
Eric Greening, 7365 Valle, expressed his concern with the fact that the fixed route service item
on tonight's agenda never went through a public hearing. He also updated the Council on the
status of the Salinas Dam Project.
Mayor Pro Tem Johnson closed the Community Forum.
A. CONSENT CALENDAR: Roll Call
1. April 1998 Accounts Payable & Pam—Fiscal Impact: $913,859.44 (Staff
recommendation: Review and approve) [Rachelle Richard]
2. Weed Abatement- Awarding of Contractor Bid—Fiscal Impact: None (Staff
recommendation: Council authorize the Mayor to execute an agreement with R & S
Landscaping) [Mike McCain]
3. 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 second reading by title only) [Paul Saldana]
Council Member Lerno announced that he would be abstaining from Item#A-3 as he has a
conflict of interest.
Council Member Luna stated that he wanted to pull Item#A-3 so that he could vote against it.
He also asked for clarification concerning the votes required for this item as Mayor Carden is
absent. City Attorney Roy Hanley stated that an ordinance needs 3 yes votes to pass.
CC 05/26/98
Page 2 of 10
There was Council consensus to continue Item #A-3 until they have a full Council.
Rush Kolemaine asked that Item#A-2 be pulled for discussion.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item#A-1,the April 1998 Accounts Payable and Payroll.
Motion passed 4:0 by a roll-call vote.
RE: Item#A-2: Rush Kolemaine, P.O. Box 1990, noted the agenda states that Item#A-2 does
not have a fiscal impact even though he knows this generates $60,000-$70,000 annual income to
the City. Fire Chief McCain explained the weed abatement program is budgeted annually at
$40,000 which covers the administration of the weed abatement and is recovered by the City.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item#A-2, authorizing the Mayor to execute an agreement
with R& S Landscaping for weed abatement.
Motion passed 4:0 by a roll-call vote.
Mayor Pro Tem Johnson announced again that there was Council consensus to continue Item
#A-3 until they have a full Council.
B. PUBLIC HEARINGS:
1. Weed Abatement—Hearing of Objections—Fiscal Impact: None (Staff
recommendation: Hear objections and authorize the Fire Chief to proceed and perform
the work of abatement) [Mike McCain]
Fire Chief Mike McCain gave a brief staff report and answered questions of the Council.
Council Member Luna asked if the weed abatement deadline can be extended. Chief McCain
responded by stating that if citizens have made an effort to do the best that they can, considering
the conditions resulting from the late rains,that is all the Fire Department will ask for.
There was no Public Comment.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item#B-1, authorizing the Fire Chief to proceed and perform
the work of abatement.
Motion passed 4:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Anza Trail Certification Agreement—with the National Parks Service—Fiscal Impact:
None (Staff recommendation: Authorize the Mayor to enter into an agreement with the
National Parks Service to certify a portion of the Juan Bautista de Anza Historic Trail
located on City property) [Brady Cherry]
CC 05/26/98
Page 3 of 10
Community Services Director Brady Cherry gave the staff report and answered questions of the
Council.
PUBLIC COMMENT
Lindsay Hampton, 8402 Alta Vista, invited everyone to the dedication of the trail this Saturday at
10:00 a.m. at the Wranglerette Arena
Rush Kolemaine, P.O. Box 1990, encouraged everyone to attend this event.
Eric Greening, 7365 Valle, stated his concerns for the Anza campsite that is near to the Lakes
Project.
Mayor Pro Tem Johnson closed the Public Comment period.
MOTION: By Council Member Lerno and seconded by Council Member Clay to
Approve Item#C-1, authorizing the Mayor to enter into an agreement
with the National Parks Service to certify a portion of the Juan
Bautista de Anza Historic Trail located on City property.
Motion passed 4:0 by a roll-call vote.
2. Tree Ordinance Review—Fiscal Impact: None (Staff recommendation: Direct staff to
make changes to the Tree Ordinance and return with a revised Ordinance) [Paul
Saldana]
Community Development Director Paul Saldana gave the staff report and answered questions of
Council
Mayor Pro Tem Johnson asked for clarification that staff is only asking for direction at this time.
Mr. Saldana responded, yes.
Council Member Lerno asked who our current Natural Resource Specialist is. Mr. Saldana
stated that all of the Planning Services staff review the tree protection plans as well as
replacement plans. Council Member Lerno also stated that one of his major concerns about the
Tree Ordinance is that there is no way to monitor the replacement of trees. He said that he would
prefer developers being required to pay into a fund instead. Council Member Lerno also stated
that he supports the exemption for 5 acres or less.
Council Member Luna stated that since this issue is before them, he felt that the Council should
make this a more effective ordinance. He stated that to do that, Atascadero needs to re-hire a
Natural Resource Specialist and have that person write the tree standards guidelines and the ISA
arborist guidelines. He went on to state that to pay for that staff person the City should raise the
fee for tree replacement. Council Member Luna also stated that he felt the City should eliminate
the tree replacement process and require payment in lieu to the Tree Fund. He went on to explain
his concerns about potential amendments to this Ordinance, such as exempting the Colony
Roads, with the use of overheads (see Exhibits A, B & C)
CC 05/26/98
Page 4 of 10
Council Member Clay stated that our trees are our most important asset. He said that he is in
favor of all the Planning staff acting as the Natural Resource Specialist. He also supports
designating areas that need trees and having trees planted there. He explained that he does not
support making the public pay for the replacement of trees on future Colony road paving. He
also stated that he does not agree with the 5 acre exemption that was suggested by Council
Member Lerno.
Mayor Pro Tem Johnson asked what would a Natural Resource Specialist do all day. Mr.
Saldana stated that a Specialist would be acting as an arborist but mostly would be enforcing
compliance of the Ordinance. Mayor Pro Tem Johnson stated he supports the in lieu fees instead
of tree replacement. He stated that he cannot support a full-time Natural Resource Specialist. He
also stated that he does support the Colony Road exemption and the 5 acre exemption.
Council Member Clay stated that he supported a brochure for the public. He also suggested that
in the future, parking lots should be required to have native trees planted.
Council Member Luna expressed his concerns of exemptions for 5 acres or less. He also
expressed his concern of removing the Colony Road tree issue from the Ordinance. He stated
that to do so would go against the General Plan. He asked the City Attorney Roy Hanley what
would the procedure be to make this amendment. Mr. Hanley stated that, if the Council gave
direction to staff, they would have to look at the environmental effects of such changes and
marshal the facts.
PUBLIC COMMENT
Carol DeHart, 4305 Lobos Ave., read a prepared statement in which she concurred with Council
Member Luna and that being a Tree City USA, we should have an Arborist. She stated that she
is happy with the Tree Ordinance as it is (see Exhibit D).
Livia Kellerman, Atascadero, asked if Stadium Park receives funds from the Tree Fund. Mr.
Cherry responded that it does not. She expressed her support for the Tree Ordinance as it is.
Jack Brazeal, 4531 Skipjack Lane, Paso Robles, read a prepared statement in support of the
existing Tree Ordinance (see Exhibit E).
Trena Gleason, 5575 Nogales, read a prepared statement supporting the existing Tree Ordinance
(see Exhibit F).
Kate Leonard, 8600 Santa Lucia Road, read a prepared statement supporting the existing Tree
Ordinance (see Exhibit G).
Christine Gyovai, 8600 Santa Lucia Road, her prepared statement supporting the existing Tree
Ordinance was read by Kate Leonard(see Exhibit H).
Valeen Mathews, 6950 Navarette, expressed her support of the existing Tree Ordinance by
reading a prepared statement(see Exhibit I).
Joy Greenberg, 11655 Cenegal Road, her prepared statement supporting the existing Tree
Ordinance was read by Rick Mathews (see Exhibit J).
CC 05/26/98
Page 5 of 10
Rick Mathews, 6950 Navarette, expressed his support of the existing Tree Ordinance by reading
a prepared statement(see Exhibit K). He also stated that he is opposed to exempting removal of
trees in Colony Roads and the exemption of 5 acres or less. He recommended hiring the Natural
Resource Specialist. Mr. Mathews stated that the existing Ordinance works, it just hasn't been
implemented properly.
BJ Simms, Atascadero, expressed her support of the existing Tree Ordinance by reading a
prepared statement(see Exhibit L).
Kathy Romera, 8595 Casanova Road, read a prepared statement supporting the existing Tree
Ordinance. (see Exhibit M).
Robert Romera, 8595 Casanova Road, a prepared statement was read by Kathy Romera
supporting the existing Tree Ordinance (see Exhibit N).
Brian Stark, 9900 Santa Lucia Road, expressed his support for the existing Tree Ordinance.
Nick Roberto, a prepared statement in support of the existing Ordinance was read by Emily
Goers
Dan Blakeley, a prepared statement in support of the existing Ordinance was read by Emily
Goers.
Emily Goers, 5200 Dolores, stated that she also supports the existing Ordinance.
Barrie Haffler, 5455 Balsa Road, read a prepared statement that urged the Council to maintain
the existing Tree Ordinance as is (see Exhibit O).
John Goers, 5200 Dolores Ave., expressed his support for the existing Tree Ordinance by reading
a prepared statement(see Exhibit P).
Turko Simms, 8007 Toro Creek Road, stated that he is a builder and he knows he has to mitigate
the damage he causes on property. He expressed his support for the existing Tree Ordinance.
John Heatherington, 7825 Valle, read a prepared statement supporting the existing Tree
Ordinance (see Exhibit Q).
Henry Engen, 9575 Lakeview Drive, member of ANTA, stated that the current Tree Ordinance
was a compromise widely accepted. He expressed his support of the existing Tree Ordinance by
reading a prepared statement(see Exhibit R).
Mayor Pro Tem Johnson call for a recess at 9:00 p.m.
Mayor Pro Tem Johnson called the meeting back to order at 9:15 p.m.
Greg Cunningham, 8707 Casitas Road, read a prepared statement in favor of the existing Tree
Ordinance (see Exhibit S).
CC 05/26/98
Page 6 of 10
Rebecca Daugherty, 4005 Del Rio Road,prepared statement read by Greg Cunningham
supporting existing Tree Ordinance (see Exhibit T).
Eileen Cunningham, 8707 Casitas Road,read a prepared statement supporting the existing Tree
Ordinance (see Exhibit U).
Marcia Tittle, 6350 Navarette Ave., read a prepared statement supporting the existing Tree
Ordinance (see Exhibit V).
Janice Perlich, 8755 Sierra Vista Road, Marcia Tittle read a prepared statement for Ms. Perlich
supporting the existing Tree Ordinance (see Exhibit V).
Marge McGoff, 9291 Maple St., read a prepared statement supporting the existing Tree
Ordinance (see Exhibit X).
Lindsay Hampton, 8402 Alta Vista, stated that she thought it was ironic to have this item on the
same agenda with the presentation of Tree City USA. She stated that she supports the existing
Tree Ordinance.
Craig Dingman, 6620 Atascadero Ave., expressed his support of the existing Tree Ordinance.
Karen Larson, 4465 Carrizo Road, stated she supports the existing Tree Ordinance.
Jim Patterson, 9312 No. Santa Margarita Road, read the Purpose and Intent of the Native Tree
Ordinance and a prepared statement(see Exhibit Y). He stated that he was involved in the
creation of the original and existing Tree Ordinance. Mr. Patterson stated that the problems the
City has had with the Tree Ordinance are with the cross-training of staff to cover the Natural
Resource Specialist position. He suggested contracting with an independent consultant for that
purpose instead. He urged the Council to not change the existing Tree Ordinance.
Fred Frank, 3615 Ardilla, stated that he disagreed with delegating the responsibilities of the
Natural Resource Specialist to all the Planning staff. He felt that one staff member would be
better. He agreed with the other speakers that the existing Tree Ordinance was a community
effort and that he supports it as is.
Eric Greening, 7365 Valle, expressed his concern of the lack of the inclusion of the community's
letters to the Council. He felt they should have been part of the staff report for the public to
review.
Barbara Shinicki, 7505 Marchant, stated that she was on the initial Tree Ordinance committee
and expressed her support of the existing Tree Ordinance.
Gretchen Gray, 10420 San Marcos Road, stated that she does not agree with exempting 5 acres
or less. She also stated that she feels that the Ordinance should be strengthened so that owners
could not be able to cut down trees on their lots (see Exhibit Z).
Paul Gray, 10420 San Marcos Road, expressed his concern that this issue is even being discussed
again. He also stated his concerns that the Council isn't listening to the public.
CC 05/26/98
Page 7 of 10
Steve LaSalle, Atascadero, member of original Tree Committee, stated that the existing Tree
Ordinance was a compromise between the environmentalists and the contractors. He stressed to
the Council that any changes they want to make must comply with the General Plan.
Jennifer Hagman, 8005 Santa Lucia, stated that, according to the Tree Ordinance, any
amendments must be brought before the Planning Commission first. City Attorney Roy Hanley
stated that the item on the agenda tonight is there at the request of the Council to review the issue
and give direction if so desired. City Manager Wade McKinney stated that staff initially
suggested to the Council that this issue be reviewed by a committee, but the Council decided
they wanted to deal with this item themselves. If the Council decides to modify the Ordinance,
there may be some required hearings by the Planning Commission.
Daphne Fahsing, 5105 Llano Road, 47 year resident in Atascadero, expressed her support of the
existing Tree Ordinance.
Bonita Borgeson, 4780 Del Rio Road, stated that she concurred with all the previous speakers.
She was on the original Tree Committee and cannot believe that the Council is even considering
amending this Ordinance.
John McGoff, Atascadero, read a prepared statement supporting the existing Tree Ordinance (see
Exhibit AA).
James & Veda Thomas, 10695 Vista Road, Ursula Luna read a prepared statement supporting the
existing Tree Ordinance (see Exhibit BB).
Ursula Luna, 10600 San Marcos Road, read a prepared statement that expressed her support of
the existing Tree Ordinance (see Exhibit CC).
Dorothy Smith, 8795 Morro Ave., read a prepared statement supporting the existing Tree
Ordinance (see Exhibit DD).
Geraldine Brasher, 3202 Monterey Road, read a prepared statement supporting the existing Tree
Ordinance (see Exhibit EE).
Dorothy McNeil, 8765 Sierra Vista, read a prepared statement in support of the existing Tree
Ordinance (see Exhibit FF).
Catherine Young, 6820 San Gabriel Road, read a prepared statement in which she stated her
opposition to changing the existing Tree Ordinance (see Exhibit GG).
Mary Hickey, 7950 Santa Rosa Road, read a prepared statement in which she expressed her
support of the existing Tree Ordinance (see Exhibit HH).
Rose Flaherty, Templeton, asked that the Council not dismantle Atascadero's progressive Tree
Ordinance,
Charlotte Byrne, 4064 Tranquilla Ave., stated she agreed with the previous speakers and read a
prepared statement(see Exhibit II).
CC 05/26/98
Page 8 of 10
John McNeil, 8765 Sierra Vista, read a prepared statement supporting the existing Tree
Ordinance (see Exhibit JJ).
Katherine Barthels, 6820 San Gabriel Road, read a prepared statement supporting the existing
Tree Ordinance (see Exhibit KK). She stressed to the Council to act responsibly.
Ernie Perlich, 8755 Sierra Vista Road, encouraged the Council to strengthen the existing
Ordinance and read a prepared statement(see Exhibit LL).
Bob & Jean Stafford, Atascadero, Ernie Perlich read their prepared statement supporting the
existing Tree Ordinance (see Exhibit MM).
Pam Marshall, 7825 Valle, stated that she supports the existing Tree Ordinance.
Mayor Pro Tem Johnson closed the Public Comment period.
Mayor Pro Tem Johnson repeated that this is a review and not a hearing.
There was Council consensus to 1) Amend the Tree Ordinance to accept in lieu fees instead
of tree replacement as a mitigation for tree removal, 2) request a report from staff concerning
the Colony Roads as they pertain to tree removal, 3) require developers to hire an
independent arborist as opposed to hiring a City arborist, and 4) clean up the language in the
Tree Ordinance.
Mayor Pro Tem Johnson and Council Member Lerno asked staff to present alternatives to the
proposed 5 acre exemption.
Mayor Pro Tem Johnson stated that the receiver sites should be in the guidelines.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
extend meeting after 11:00 p.m.
Motion passed 4:0 by a voice vote.
3. Fixed Route Service—Atascadero Dial-a-Ride—Fiscal Impact. $10,000 for start up
costs (Staff recommendation: Approve the modification of the existing demand response
Transit service to a combination demand response and fixed route system) [Brady
Cherry]
Community Services Director Brady Cherry gave the staff report.
Paul Jewel, Transportation Consultant from Nelson/Nygaard Consulting Associates, answered
questions of the Council.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, referred to the letter he gave the Council and stated his
concerns regarding Nelson/Nygaard's proposed service (see Exhibit NN).
CC 05/26/98
Page 9 of 10
David Mulvey, 5020 Sycamore, works with developmentally disabled, expressed his concern
about transportation for people with disabilities. He urged the Council to keep the disabled in
mind when converting Atascadero's system.
Darlene Reynolds, 8040 Santa Rosa Road, expressed her concern for seniors on a fixed income.
Rush Kolemaine, P.O. Box 1990, stated that Atascadero should not gear its transit system on the
minorities, such as seniors and the disabled. He encouraged the Council to follow through with
staff's recommendation.
Cindy Draver, R&D Transportation, works with transporting the disabled. Asked the Council to
keep the disabled in mind when making their decision.
Mayor Pro Tem Johnson closed the Public Comment period.
Mr. Cherry answered questions of the Council.
MOTION: By Council Member Lerno and seconded by Council Member Clay to
approve Item #C-3, approving the modification of the existing
demand response Transit service to a combination demand response
and fixed route system.
Motion passed 4:0 by a roll-call vote.
4. Information Bulletin
Wade McKinney announced that the elevator will be out of service for the next Council meeting
on June 9`h. The meeting will be held in an alternate location.
D. COMMITTEE REPORTS: None.
E. INDIVIDUAL DETERMINATION AND/OR ACTION: None.
F. ADJOURNMENT:
Mayor Pro Tem Johnson adjourned this Regular Session at 11:40 p.m. to the Redevelopment
Agency Meeting immediately following this meeting.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerson, City rk
Attachments: Exhibit A—Exhibit NN,prepared statements
CC 05/26/98
Page 10 of 10