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HomeMy WebLinkAboutMinutes 101398 Approved as submitted November 10, 1998 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 13, 1998 INTERVIEW SESSION, 6:00 P.M. Mayor Carden called the Interview Session to order at 6:00 p.m. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Others Present: City Clerk Marcia Torgerson 1. Citizens' Transportation Advisory Committee A. Interview and consider candidates B. Select, by ballot, one citizen for appointment The Council interviewed the candidates and selected,by ballot, Dennis Schmidt to be the Atascadero delegate on the Citizens' Transportation Advisory Committee. Mayor Carden adjourned the Interview Session at 6:50 p.m. REGULAR SESSION, 7:00 P.M.: Mayor Carden called the Regular Session to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Others Present: City Clerk Marcia Torgerson Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic 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. Mayor Carden asked the City Clerk to report to the public the results of the Interview Session. City Clerk Marcia Torgerson announced that the Council interviewed four applicants and Dennis Schmidt was appointed by Council. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Johnson announced that all the Fire Departments in Central California were together in our City yard where they practiced extracting people from damaged cars. Mayor Carden asked if staff has addressed the request from the U.S. Department of Commerce, Bureau of Census, that we appoint someone to be a go-between regarding the Census 2000. City Manager Wade McKinney stated that the Community Development Department has been working on the census project. Mayor Carden asked the City Attorney to respond to a memo he received from the City of Angels Camp asking for participation in a legal proceeding. City Attorney Roy Hanley said that he would respond. Mayor Carden stated that Dave Romero, Vice Mayor of San Luis Obispo and the President-elect of the Channel Cities division of the League of California Cities, asked the Council to submit the name of a member of the Council for consideration to be appointed to one of the eight policy committees. He asked staff if this should be agendized. Mr. McKinney and Mr. Hanley stated that the request is for interested Council Members and the Channel Cities division will be making the appointments. 1. Traffic Committee Update[City Clerk] City Clerk Marcia Torgerson updated the Council on the status of the Traffic Committee. She stated that the three citizen members' terms expired in September 1998. One of the members, Howard Gaylord,has submitted his resignation. Ms. Torgerson asked the Council to give her direction as to whether they want her to contact the remaining members to see if they would like to continue to serve on the committee, or recruit for new members. Mayor Carden stated that he would like to have Mr. McKinney and staff review the Traffic Committee and make recommendations to the Council as to composition, direction and charter of a Traffic Committee. Council Member Clay stated that Howard Gaylord is an outstanding citizen and was a good representative on the Traffic Committee. CC 10/13/98 Page 2 of 8 PRESENTATIONS: Police Chief Dennis Hegwood will present new employee, Office Assistant Pat Schulz,to the Council Chief Hegwood introduced Pat Schulz, new Office Assistant to the Police Chief. The Council welcomed her. COMMUNITY FORUM: Eric Greening, 7365 Valle, 5t'' Supervisorial District's representative on the Citizens' Transportation Advisory Committee, welcomed Dennis Schmidt to the CTAC. He also spoke about the money that is going to be available from CalTrans for local road repair, approximately $880,000. He encouraged the Council to prioritize Atascadero's road improvement needs. Dennis Schmidt, 8675 Santa Rosa Road,thanked the Council for appointing him to CTAC. He explained some of his concerns of Atascadero's transportation needs. Rush Kolemaine, P.O. Box 1990, spoke on the issue of transit signage. He explained his suggestions of the appropriate signage along the transit routes in Atascadero. He also stressed the importance of transit benches. Mayor Carden closed the Community Forum period. A. CONSENT CALENDAR: Roll Call 1. City Council Minutes— September 22, 1998— (City Clerk recommendation: Approve) [Marcia Torgerson] 2. No Parking Zone on Navarette Avenue—Establishing a No Parking 6:00 a.m. to 6:00 p.m. Monday through Friday Zone—Fiscal Impact: $400.00 (Staff recommendation: Council adopt Resolution No. 1998-039 establishing a No Parking Zone on Navarette Avenue) [Brady Cherry] 3. Passenger Loading Zone on Palma—Establishing a Passenger Loading Zone on Palma at Traffic Way—Fiscal Impact: $50.00 (Staff recommendation: Council adopt Resolution No. 1998-040 establishing a Passenger Loading Zone on Palma at Traffic Way) [Brady Cherry] 4. No Stopping Zone on San Gabriel Road—Establishing a No Stopping Zone on the north side of San Gabriel Road at the Elementary School—Fiscal Impact: $300.00 (Staff recommendation: Council adopt Resolution No. 1998-041 establishing a No Stopping Zone on the north side of San Gabriel Road at the elementary school) [Brady Cherry] CC 10/13/98 Page 3 of 8 5. Elimination of No Parking Zone—6895 El Camino Real—Modify existing No Parking Zone to allow for parking of vehicles less than 6' in height—Fiscal Impact: $230.00 (Staff recommendation: Council adopt Resolution No. 1998-042 eliminating the No Parking Zone at 6895 El Camino Real) [Brady Cherry] 6. 3-Way Stop at Sycamore and Miramon Avenues—Fiscal Impact: $400.00 (Staff recommendation: Council adopt Resolution No. 1998-044 establishing a 3-way stop intersection at Sycamore and Miramon Avenues) [Brady Cherry] 7. Montecito Avenue and San Anselmo Avenue Improvements—Agreement with Madonna Construction, Inc. to construct the improvements—Fiscal Impact: $82,632.00 in Streets and Bridges Impact Fee Funds (Fund 705) (Staff recommendation: Council authorize the Mayor to execute an agreement with Madonna Construction, Inc. to construct the Montecito Avenue and the San Anselmo Avenue improvements) [Brady Cherry] 8. SLOCOG and SLORTA Joint Powers Agreements—Ratification of updated and slightly modified agreements between the City, SLOCOG and SLORTA—Fiscal Impact: None (Staff recommendation: Council adopt Resolution No. 1998-037 ratifying the amended Joint Powers Agreement for SLORTA and adopt Resolution No. 1998-038 ratifying the amended Joint Powers Agreement for SLOCOG) [Brady Cherry] 9. Memorandum of Understanding with Atascadero Police Association—for FY 1998-99— Fiscal Impact: $41,800.00 which is included in the Annual Operating Budget (Staff recommendation: Council authorize the Mayor to execute a Memorandum of Understanding for the Atascadero Police Association for Fiscal Year 1998/99) [Wade McKinney] Mayor Carden stated that he received a request from staff that Item#A-6 be tabled. Community Services Director Brady Cherry stated that it will be brought back at a future meeting. Mr. McKinney asked that Item#A-8 be pulled. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Items #A-1,2,3, 4, 5, 7 and 9. Motion passed 5:0 by a roll-call vote. RE: Item #A-8 - Mr. McKinney explained that he is requesting a simple modification to this item. The SLORTA and SLOCOG JPAs are simply updating the JPAs into the current operating methods of both agencies. He also explained that included in these JPAs is a City Managers' Committee which has not been active for the life of these organizations. However,the City Managers do try to meet monthly, but not formally. Mr. McKinney asked that the Council leave the City Managers' Committee in the JPAs. PUBLIC COMMENT Eric Greening, 7365 Valle, asked if Atascadero amends this JPA, will all the other members make the same change. Mayor Carden stated he will be taking it up at the next Mayor's meeting. Mayor Carden closed the Public Comment period. CC 10/13/98 Page 4 of 8 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve Item#A-8 with the following amendment to the SLOCOG JPA,Page 7,#3: keep "a). Administration Committee, comprised of all managers and administrators of member jurisdictions;'; which will make the new a. become b., the new b. become c., and the new c. become d. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. General Plan Amendment#98004 and Zone Change #98005 — 10801 El Camino Real (AUSD) - Fiscal Impact: None (Planning Commission recommendations: 1) Council find the Negative Declaration prepared for this project to be adequate under the requirements of the California Environmental Quality Act and the State and local guidelines for implementation of the Act; and 2) Council adopt Resolution No. 1998-035 approving General Plan Amendment#98004; and 3) Council adopt Ordinance No. 352, approving Zone Change #98005, by introducing for first reading by title only) [Paul Saldana] Council Member Clay stepped down because of a potential conflict of interest. Mr. McKinney stated that the staff report is unchanged from the previous meeting and he explained that the representative from the School District does not seem to be present. The School District had stated earlier today that they would like to table this item. Mr. McKinney stated that he explained to them that the Council has had this item on the agenda several times and they would need to attend this meeting and explain to the Council their request. He suggested that the Council continue the item to the end of the meeting in hopes that the school representative will show up. Mayor Carden asked for Council consensus to continue this item to the next regular GPA cycle, which had a deadline of October 1, 1998. There was consensus of the Council to continue this item to next regular GPA cycle, with a deadline of October 1, 1998. Mayor Carden announced that he will open this item up for public comment, however, he wanted everyone to know that he had closed the Public Comment period on this issue at the last meeting. He stated that since this item is being continued, the public can address the Council but it won't be part of the official document. PUBLIC COMMENT Larry Finnegan, 505 Country Lane, San Luis Obispo, stated that he's the owner of Villa Margarita on the adjacent property. He stated that he is confused by this process. Mayor Carden explained that the item was being continued and that the public would be noticed when it is put on the Council's agenda again. CC 10/13/98 Page 5 of 8 William Zimmerman, 6225 Lomitas Road, stated that he is glad that this item will be started once again. He said that he hoped it would come before the Planning Commission first. Community Development Director Paul Saldana said that it would. Rush Kolemaine, P.O. Box 1990, stated that the School District is known for being less than cooperative with the City. Bill Maxwell, 10840 Los Pueblos, Villa Margarita Mobilehome Park, said that he understands the School District took the property off the market. Mayor Carden closed the Public Comment period. Mayor Carden said that there is a monumental increase in improved communication between the City and the School District. He stated that he hoped that it continues and that a wedge is not forced in between them. C. MANAGEMENT REPORTS: 1. Falcon Cable Franchise Agreement—Request to extend Franchise Agreement—Fiscal Impact: Positive effect on the City's 5%franchise fee (Staff recommendation: Council authorize the City Manager to send a letter to Falcon Cable indicating that the City will extend the Franchise Agreement based upon the following conditions: 1) The cable television system is upgraded to a Hybrid Fiber, Coax, 750 MHz system with a minimum of 72 channels, 2) Falcon employs a construction coordinator to oversee the upgrade project with an emphasis on cost containment and customer service, and 3) Falcon notifies each affected subscriber before service is suspended as a portion of the construction project) [Wade McKinney] City Manager Wade McKinney gave the staff report and introduced Barry Egan, General Manager of Falcon Cable. Barry Egan, General Manager of Falcon Cable, explained that if we don't renew our franchise agreement now, it will run 3 more years which would mean we would receive the existing service for those 3 years. If we extend the franchise now, they will be doing improvements starting right away. Mr. Egan answered questions of Council. The issue of PEG access was discussed by the Council and questions were asked of Mr. Egan. He stressed that the City or Falcon legally have no control of what type of programming is shown on PEG access. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, stated he had questions of Mr. Egan. He referred to a prepared statement that he submitted to the Council earlier this evening. (see Exhibit A) Mike Murphy, 9320 Santa Clara Road,made suggestions of events that could be on a community channel. Paul Weems, 7982 Santa Rosa Road, said that whenever he has had trouble with Falcon service, they come out and taken care of it. He supports the extension of the Falcon franchise agreement. CC 10/13/98 Page 6 of 8 Rush Kolemaine, P.O. Box 1990, stated that he is the most knowledgeable person in the Central Coast on PEG access. He explained how PEG access works and how it can be controlled. Barry Egan, General Manager Falcon Cable, explained that in SLO County there is PEG access that Atascadero will have access to when the upgrade is complete. Mayor Carden closed Public Comment period. Mayor Pro Tem Johnson said that he sees in the survey, which is included in the staff report, the public majority is not interested in PEG access. Mayor Carden suggested that since the County already has a PEG access program, Atascadero could, at a later date, enter into an agreement with the County to share the program. Mr. Egan stated that would be acceptable with Falcon. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to authorize the City Manager to send a letter to Falcon Cable indicating that the City will extend the Franchise Agreement based upon the following conditions: 1) The cable television system is upgraded to a Hybrid Fiber, Coax, 750 MHz system with a minimum of 72 channels, and 2) Falcon employs a construction coordinator to oversee the upgrade project with an emphasis on cost containment and customer service, and 3) Falcon notifies each affected subscriber before service is suspended as a portion of the construction project. The letter shall also state that we want to discuss a potential re-opener for PEG access should the demand arise in Atascadero in the future. Motion passed 5:0 by a roll-call vote. 2. Wil-Mar Disposal Request for Approval of Stock Merger with U.S.A. Waste Management— Proposed Amendment One to the Solid Waste Collection Franchise Agreement-Fiscal Impact: None (Staff recommendation: Council authorize the Mayor to execute the proposed Amendment One to the Solid Waste Collection Franchise Agreement) [Roy Hanley] City Attorney Roy Hanley gave the staff report and answered questions of Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to authorize the Mayor to execute the proposed Amendment One to the Solid Waste Collection Franchise Agreement with the following amendment to Section H: Keep the first sentence, beginning with "Franchisee" and delete the rest of the subsection. Motion passed 5:0 by a roll-call vote. CC 10/13/98 Page 7 of 8 3. Information Bulletin D. COMMITTEE REPORTS S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Carden stated that we have received approximately $880,000 for rehabilitation, not maintenance of roads. Finance Committee Council Member Luna stated they met last week and today and worked on the Investment Policy which will be before the Council soon. Water Committees Council Member Clay stated that at their last meeting the discussion was on updating the Master Water Plan for our area. County Mayor's Round Table Mayor Carden announced that they will be meeting Friday. Economic Vitality Corporation, Board of Directors Mayor Pro Tem Johnson stated that they are in the process of interviewing candidates for the position of President of EVC. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Luna commended the City Attorney on his handling of the waste management issue. F. ADJOURNMENT: Mayor Carden adjourned the Regular Session at 8: 45 p.m. to the Redevelopment Agency meeting immediately following this meeting. MINUTES RECORDED AND PREPARED BY: P/L44 Marcia McClure Torgerson, City Cle Attachments: Exhibit A—Prepared Statement by Rush Kolemaine, dated 10/11/98 CC 10/13/98 Page 8 of 8 Exhibit: A r` Atascadero City Council Meeting Date: 10/13/98 R. S. Kolemaine / P.O. Box 1990/Atascadero CA 93423-1990/ FAX/Fone (805)466-8200 I elfenix@tcsn.net Atascadero City Council c/o City Clerk 6550 Palma Ave. Atascadero CA 93422 11 Oct 98 REF: 13 Oct 98 Agenda Item # C-1(Falcon Cable Franchise Extension) Gentlemen: With regard to this issue as presented in the City Manager's Report, the following are a number of points insufficiently discussed which I consider important to be reviewed in greater depth by the Council. ALTERNATIVES: The City Manager offers only two alternatives for Council consideration at this time: I. Initiation of a formal renewal process. (as provided by all federal telecommuni- cations acts since 1982).The City manager correctly points out that staff has failed to budget adequate time for this project and would therefore be unable to implement such an effort... at this time, but that knowledgeable consultants in the field of cable are available, but, that such could still require an undetermined amount of staff time and estimated costs Could fall somewhere within a $3,000 to $20,000 cost range. A. While not unsympathetic to the argument presented regarding availability of staff time, at least four considerations are not clarified and deserve to be, prior to any decision in this matter by the Council: 1. just what does the federally-mandated process involve in terms of City staff time ? Experience indicates that an open public process calling for input by affected cable subscribers is required, something that prior councils have failed to follow through with at any time since this city was incorporated 20 years ago, further, in adopting the SLO County cable franchise agreement, the City embraced the County's failure to follow these federal provisions established to provide local franchise regulators with a clear and knowledgeable insight into franchisee practice and policies. In short, Atascadero residents have not been properly served by the responsible levels` of government in this area, regardless of staff's perceptions or personal convenience. 2. In how many ways does the current Falcon franchise agreement fall short/comply with the norms for such agreements ? Given the antiquated form (late 1970's) of the City's franchise agreement (especially when compared Page 2/3 (continued)to other more modern agreements), attempting to extend such a document for 10 years into the future while requiring expanded service using Hybrid Fiberoptic/Coaxial 750 MHz technology with 72 channel capacity, demands a technically qualified overview by the City in order to look out for the best interests of resident subscribers. 3. How much, precisely, would the services of a qualified consultant familiar with the cable industry in general, and franchise requirements in specific, actually cost the City versus what benefits that might be expected from having such expertise employed on the City's behalf ? As an example an expenditure of $2,700 by the City of Morro Bay for such services in 1997 has since resulted in (so far) an immediate gain amounting to a reported $35,000, used to enhance that city's Government Access (Ch. 54 on the Charter/Sonic system) capabilities and further usable in the future by other PEG Access users. 4. Precisely, how much cost to the City would be entailed in establishing a PEG Access capability for Atascadero residents and subscribers ? Again, experience has indicated that contracting with a 501(c)(3) non-profit entity capable of, and obligated, to impartially, operate PEG channels on a cable system need not entail any substantial expenditure by a municipal government or franchising authority to achieve. One such an entity, (known as ECA) in fact, has existed in within SLO County since.1996, complete with By-law provisions adaptable to Atascadero City needs, further capable of becoming legally self-supporting in time as necessary. 11. Council could require Falcon to provide PEG Access. The single most relevant requirement required of the Atascadero City Council at this time, is simply establishing the accessibility of Falcon channels for PEG usage. It is particularly relevant at this time simply because, under law, if not accomplished in October 1998 it cannot even be attempted by any future City Council within this franchise at any time prior to the year 2088:11 A. Notwithstanding staff opinion that PEG would create a "negative financial impact", staff has had no first-hand experience in this area, nor availed himself of better-informed information on which to make such a judgment. Also seemingly not considered are other benefits that the availability of PEG Access can predictably generate, including making it possible to better inform the taxpaying and voting public regarding City operations and needs, making it possible for AUSD to deliver knowledge to school children living within the Atascadero franchise area. and/or providing accurate local news for residents in a timelier manner than would otherwise be possible using media currently available. Accordingly, 1 must encourage the City Council at this time to take such steps as will assure it of better information than has been included in the above report in order to achieve ' a positive improvement to those services previously denied in prior Falcon franchise agreement(s) here. Respectfully, R. S. Kolemaine Page 3/3 .psi �3ie e rA a' ,�r''e,j 9,1, a���yy■■ :. , ,aa�'at., � r;, errit r x epi d sM� J r MORE L c e Y trlentibn is also made of an that o c�t d, M1 effort to finally address the p�it �n�t�AM P F ie df a PEG(Public locational Governmental) far ms the oIM4. d y ervi a ss channel on the table,for available here, t, sibefi