HomeMy WebLinkAboutMinutes 060998 Approved as Submitted
Meeting Date: 06/23/98
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY,JUNE 9, 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.
2) Conference with legal counsel (Govt. Code Sec. 54956.9 (b))
Significant exposure to litigation.
3) Conference with negotiator over real property (Govt. Code Sec. 54956.8)
Negotiator: City Manager
Property location: 6500 Palma Ave.
City Attorney Roy Hanley announced the Council gave direction to the City Manager during
Closed Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Carden called the Regular Session to order at 7:10 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
Others Present: City Clerk Marcia M. Torgerson
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,
Assistant City Engineer John Neil, and City Attorney Roy Hanley.
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:
Mayor Carden asked about single signature authority process for plan checks. He stated that it is
taking place in Fresno and asked that City Manager Wade McKinney look into it as an option for
Atascadero.
CORRESPONDENCE:
1. Letter from SLO Council Member David Romero re: Vehicle License Fee - (Staff
recommendation: Council approve Resolution No. 1998-023 supporting the elimination
of the Vehicle License Fee ONLYIF such phasing-out is linked to a constitutionally-
guaranteed replacement revenue source.
City Manager Wade McKinney gave a brief explanation and answered questions of the Council.
PUBLIC COMMENT
Eric Greening, 7365 Valle, stated that he supports this Resolution.
Mayor Carden closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve Resolution No. 1998-023, supporting the elimination of the
Vehicle License Fee ONLY IF such phasing-out is linked to a
constitutionally-guaranteed replacement revenue source.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Amtrak's San Diegan Rail Corridor-Presentation of a plaque to the City by Eileen
McNally, Government and Public Affairs Officer for Amtrak.
Robert Crego of Amtrak presented Mayor Carden with a plaque.
2. Proclamation- Proclaiming June 22 and June 23, 1998 as California Special Olympics
Law Enforcement Torch Run Day.
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COMMUNITY FORUM:
Eric Greening, 7365 Valle, stated that he does not approve of the change of location for the
Atascadero Farmers' Market. Mayor Carden responded by explaining that the City has
attempted to convince the Farmers' Market Association to stay in the Sunken Gardens but they
said that the move was in large part because of American Disabilities Act issues. Council
Member Clay stated that all they would have to do is turn the trucks around and they would be in
compliance. Community Services Director Brady Cherry stated that he concurred that the City
staff did meet with the Farmers' Market representatives and tried to persuade them to remain in
the Sunken Gardens. They stated they were also concerned about visibility and felt that the
Payless parking lot will offer better exposure for them.
Eileen Allan, Atascadero, stated that she wanted to speak on item C-1 and wanted to make sure
that she would be able to speak at that time. Mayor Carden stated that she would be able to
speak on the item when it comes up on the agenda.
Mayor Carden closed Community forum.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—May 12, 1998— (City Clerk recommendation:Approve)
2. Review of Liquor License Applications—Delegation of authority to the City Manager—
Fiscal Impact: None (Staff recommendation: Council delegate to the City Manager, or
his designee, authority to review applications for liquor licenses) [Paul Saldana]
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]
4. Priority, objects—Approve the priority for the Surface Transportation Program(STP)
projects and the Transportation Enhancement Activity TEA)projects—Fiscal Impact:
None (Staff recommendation: Council approve, by Minute Order, the priority for the
STP projects and the TEA projects for which funding applications have been submitted)
[Brady Cherry]
5. Transportation Enhancement Activity (TEA) Funding Applications—Approve the TEA
applications submitted to the SLOCOG—Fiscal Impact: $1,200 (Staff recommendation:
Council approve, by Minute Order, the TEA funding applications submitted to the
SLOCOG) [Brady Cherry]
6. Acceptance of Final Parcel Map#96005 - Adjust lot lines between three existing lots of
record— 14280 Morro Road(Yanes) - Fiscal Impact: None (Staff recommendation:
Council accept Final Parcel Map #96005) [Paul Saldana]
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7. General Municipal Election—November 3, 1998—Fiscal Impact: +$12,000 (City Clerk
recommendations:
1. Council adopt Resolution No. 1998-024 calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 3, 1998, and
2. Council adopt Resolution No. 1998-025 requesting the Board of Supervisors of the
County of SLO to consolidate a General Municipal Election to be held on November
3, 1998) [Marcia Torgerson]
Council Member Luna pulled Items#A-1 & 2. Council Member Lerno pulled Item#A-3. Rush
Kolemaine, P.O. Box 1990, pulled Items#A-4 & 5.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item #A-6, accepting Final Parcel Map #96005 and Item#A-
7, approving Resolution Nos. 1998-024 and 1998-025, calling and
giving notice of the holding of a General Municipal Election and
requesting consolidation with San Luis Obispo County.
Motion passed 5:0 by a roll-call vote.
RE: Item #A-1 - Council Member Luna asked that the following be inserted into the minutes
for May 12, 1998 on page 5 under Item#C-1:
Council Member Luna asked if everybody in the Urban Services Line hooked up, what
would we need as far as capacity in the sewer. He asked that they make the assumption
that all of a sudden, it's a cease and desist area. Mr. Cherry conferred with Mr.
Markwort and stated that they did not feel they could answer that question.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve Item #A-1 with the following amendment:
Council Member Luna asked if everybody in the Urban Services Line
hooked up, what would we need as far as capacity in the sewer. He
asked that they make the assumption that all of a sudden, it's a cease
and desist area. Mr. Cherry conferred with Mr. Markwort and stated
that they did not feel they could answer that question.
Motion passed 5:0 by a roll-call vote.
RE: Item#A-2 - Council Member Luna stated that he could not support this item as he doesn't
feel comfortable delegating to one person without any Council input. He stated that he felt it
should at least come to Council on the Consent Calendar.
There was discussion between staff and the Council concerning the current process, which is to
have staff review the liquor applications, versus having the Council review the applications.
PUBLIC COMMENT
Wayne Hansen, 4634 Portola Road, member of the SLO County Substance Abuse Prevention
Alliance and also an employee of SLO County Drug and Alcohol Services, expressed his
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concern that liquor licenses are kept to a minimum. He stated that the City needs to make sure
that the public has an opportunity to let you know their concerns.
John McGoff, 9192 Maple, asked if there are zoning controls where liquor stores can locate.
Mayor Carden answered, yes. Mr. McGoff stated that he sees no reason to fast track liquor
stores.
Jim Harris, represents SLO County RID (Remove Intoxicated Drivers), stated that they sit on the
DUI Task Force and work with Drug and Alcohol Services. He said that RID recently tried to
stop Cal Poly from getting a liquor license for the Performing Arts Center because they knew
that other applications for liquor licenses on campus would follow. Mr. Harris explained that
under the guidelines of the ABC, Cal Poly is eligible to receive 15 separate liquor licenses. He
encouraged the Council to vote no on this item.
Paul Hamon, 10760 Colorado Road, Director of the SLO County Drug and Alcohol Services,
stressed that public access and public comment periods needs to be kept open concerning the
issuance of liquor licenses.
Dorothy McNeil, 8765 Sierra Vista, asked why Council would want to have one person review
liquor licenses and give up their ability to review them. She pointed out that every time the
Council delegates a responsibility of theirs to a staff member you are also shutting out the public
from being able to have input.
Mayor Carden closed the Public Comment period.
Mayor Carden stated that currently staff reviews the liquor licenses. He said he felt that by
turning that responsibility back over to the Council, it would politicize the issue.
Mayor Pro Tem Johnson stated that he could support the Council reviewing liquor licenses.
Council Member Lerno expressed his opinion that he would prefer the Council review liquor
licenses.
Council Member Clay said that he is in favor of liquor license applications coming to the
Council.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve the direction that staff is to report to Council on the
Consent Calendar any applications for liquor licenses,for Council
approval.
Motion passed 5:0 by a voice vote.
RE: Item #A-3 - Council Member Lerno pulled this item as he must abstain due to a conflict of
interest.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to approve Item#A-3, adopting Ordinance No. 348,waiving reading
in full and introducing for second reading by title only.
Motion passed 3:1 by a roll-call vote. (Luna opposed, Lerno abstained)
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RE: Items #A-4 & 5 -Rush Kolemaine, P.O. Box 1990, stated that he feels the agenda did not
have adequate information for the public on these items. Community Services Director Brady
Cherry gave a staff report to explain to the public the details of these transportation items.
Mayor Carden announced that SLOCOG has attempted to authorize as much as possible
realizing that there might be additional funding. He also stated that Atascadero's staff is
definitely doing one of the best jobs of getting into SLOCOG and getting in with the COG staff
so that our projects meet the cut-off criteria and are most likely to get funded.
MOTION: Mayor Pro Tem Johnson and seconded by Council Member Clay to
approve Item#A-4, approving the priority for the STP projects and
the TEA projects for which funding applications have been submitted,
and Item #A-5, approving the TEA funding applications submitted to
the SLOCOG.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. General Plan Amendment#97010/Zone Change#97011 —Amending the land use
designation from"Public"to "Commercial Park"between 1200-1800 El Camino Real
(Davidson)—Fiscal Impact: Positive (Planning Commission recommendations:
L Council find the Negative Declaration prepared for this project to be adequate under
the provisions of CEQA and the State and local guidelines for the implementation of
that Act.
2. Council approve Resolution #1998-022 approving General Plan Amendment#97010.
3. Council adopt Ordinance No. 349, waive reading in full and introduce for first
reading by title only, approving Zone Change #97011. [Paul Saldana]
Community Development Director Paul Saldana gave the staff report and answered questions of
Council.
Council Member Luna asked staff to include the minutes of the Planning Commission meetings
with any items where the Planning Commission is making a recommendation to Council.
PUBLIC COMMENT
Sheri Danoff, Cannon Associates, commended staff on their evaluation and stated that she is
available for questions.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna
to find the Negative Declaration prepared for this project to be
adequate under the provisions of CEQA and the State and local
guidelines for the implementation of that Act.
Motion passed 5:0 by a roll-call vote.
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MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to approve Resolution#1998-022, approving General Plan
Amendment#97010.
Motion passed 5:0 by a roll-call vote.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna
to adopt Ordinance No. 349,waive reading in full and introduce for
first reading by title only, approving Zone Change#97011.
Motion passed 5:0 by a roll-call vote.
Mayor Carden called for a recess at 8:20 p.m.
C. MANAGEMENT REPORTS:
1. Financial Strategy 1998-99—Review of the Strategies and Policies used to develop the
Annual Operating and Capital Budgets—Fiscal Impact: None (Staff recommendation:
Council review the 1998-99 Financial Strategy and set June 23, 1998 as a public hearing
for the Annual Operating and Capital Budgets) [Wade McKinney]
City Manager Wade McKinney gave the staff report.
All the Council Members expressed their appreciation to Mr. McKinney and Ms. Rickard for all
of their hard work in preparing the Financial Strategy and Budget. The Council asked several
questions to clarify the information included in the report. Council Member Luna also asked
Assistant City Engineer John Neil to answer questions concerning the Pavement Survey.
Council Member Luna stated, in regards to bonds on the ballot in November 1998, that after
seeing what happened in Paso Robles he didn't feel we would be able to put something on the
ballot and have the public support it. He went onto say that he didn't have any objection to
putting a bond on the ballot as long as it doesn't cost the City a lot of money.
Mayor Carden stated that he agreed with Council Member Luna because if we don't give the
voters the choice, then the Council is making the choice of no for them.
Council Member Luna said that he would support staff coming back to Council with a proposal
as to putting a bond measure on the ballot. He asked if the City Clerk knew how much it would
cost to put a bond on the ballot.
City Clerk Marcia Torgerson stated since this is her first election, she does not know what a bond
on the ballot would cost. However, Atascadero is already paying to have an election and she
stated that she would guess that it would be a nominal charge to add another item. She went on
to state that she would find out what the exact costs would be and bring the information back to
Council.
Council Member Clay expressed his concern for putting a bond on the ballot without knowing
where the public stands on the issue and without estimating the cost of advertising and the
election itself.
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PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, commended Mr. McKinney and Ms. Rickard on their hard
work at preparing the information in such a way that everyone will be able to compare apples to
apples.
Pam Marshall, 7825 Valle Ave., stated to Council Member Clay that she felt the new budget is a
good start of a foundation for a good public relations campaign to educate the citizens of
Atascadero.
Mayor Carden closed the Public Comment period.
Mr. McKinney introduced and explained the proposed 1998-99 budget.
Mayor Carden stated that the budget will be on the next Council agenda on June 23, 1998.
2. Cuesta College North County Extension—Architects of North County Extension asking
for meeting with North County Council representative -Fiscal Impact: None (Staff
recommendation: Designate North County Council representatives to attend meeting
with architects of the Cuesta College North County Extension) [Wade McKinney]
City Manager Wade McKinney gave a brief staff report.
Mayor Carden appointed Mayor Pro Tem Johnson and Council Member Luna to attend the
meeting with the Cuesta College Architects.
3. Information Bulletin
D. COMMITTEE REPORTS
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Carden stated that they Highway 41 issue came up again for a vote and an additional
$400,000 was authorized for that project as well as the rating of the projects that were submitted
by our City staff.
Economic Round Table
Mayor Pro Tem Johnson suggested that the City needs to decide whether the ERT will continue.
He asked staff to come back to Council with a recommendation.
County Mayor's Round Table
Mayor Carden stated that 2 important items came up at this meeting. 1. How are we going to
fund roads in the County. 2. EVC
Economic Vitality Corporation, Board of Directors
Mayor Pro Tem Johnson announced that they have an annual planning meeting scheduled on
June 24, 1998. The City Managers have been invited and Paul Saldana has been invited to speak
at the meeting.
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City/ Schools Committee
Mayor Carden announced that the next meeting will be in August and the City is hosting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Luna asked if there will be routes to school in place for the fall. Mayor Carden
responded that no, the routes will not be in place by fall. He explained that the program has been
submitted through SLOCOG for funding, $175,000.
Mayor Pro Tem Johnson announced that he will be out of town this week and next week on
business.
Mayor Carden announced that he will be out of town for the next 2 Council meetings.
F. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 10:05 p.m. to the Redevelopment Agency
Meeting immediately following this meeting.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Clerk
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