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HomeMy WebLinkAboutMinutes 112399 Approved as submitted DATE: 01/11/2000 its 91 nip MINUTES iNS ATASCADERO CITY COUNCIL MEETING TUESDAY, NOVEMBER 23, 1999 7:00 P.M. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:01 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Principal Planner Warren Frace, Assistant City Engineer John Neil and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Daphne Fahsing, 5105 Llano Road, stated in a prepared statement that the Council has received numerous calls and letters opposing the expansion of the Atascadero State Hospital, yet the majority of the Council voted in favor. She expressed concern that the Council is not listening to the majority of Atascadero citizens and feels she cannot trust several of the Council Members. (see Attachment A) Mayor Johnson clarified that the decision about the State Hospital is a State decision. He stated that the Council has only requested input. John McGoff, 9192 Maple St., expressed in a prepared statement his disappointment with the Council for ignoring the public, staff and Planning Commission on land use issues. He cited several examples such as the Lakes and Mackey projects to support his statements. (see Attachment B) Eric Greening, 6600 Lewis Ave., stated that he felt Ms. Fahsing's commentary summed up his own concern for the fact that a motion was made which specified that the City would like to be considered as a site, not just receive more information. Mayor Johnson closed the Community Forum period. COUNCIL ANNOUNCEMENT AND REPORTS: Council Member Luna explained that bow hunting is legal within the City limits. However, he asked for consensus to have staff bring the issue back to Council to consider outlawing bow hunting within the City limits. There was Council consensus to direct staff to bring the issue of bow hunting within the City limits back to the City Council for review. Council Member Clay stated he respects some of the things Ms. Fahsing said but he was at the Highway 41 meeting and the public comments were not three to one against, but rather they were about fifty-fifty. He stated that he thought his side did an excellent job of presenting their petitions and their arguments. He also explained, in regard to Mr. McGoff s poisonous accusations, it isn't always just four. He stated he remembered four little words at the last proposal. Also, the projects that the Council has passed are good in-fill projects. Council Member Clay commented that having spent three days at a National Smart Growth Conference, he knows that what the Council was doing was not out of line in any respect. He stated there are 40,000-50,000 coming into California per month and they are going to go somewhere. We can turn our backs and send them to San Miguel or Paso Robles, but sooner or later we will have to address the issues. He offered to drive anyone around who thinks these are terrible projects so he could show them the good the Council has done. CC 11/23/99 Page 2 A. CONSENT CALENDAR: 1. City Council Minutes—October 26, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of October 26, 1999 [Marcia McClure Torgerson] 2. City Council Minutes—November 09, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of November 09, 1999 [Marcia McClure Torgerson] 3. Acceptance of Final Parcel Map #99012—AT 99-164 (905 El Camino Real) (Greenberg Farrow/ Gearhart/Kregger) ■ Fiscal Impact: None ■ Staff recommendation: Council: 1. Accept the Final Map #99012; and 2. Reject the offer of dedication for the El Camino Real right-of-way north of the San Ramon Road intersection [Community Development Department] 4. Davis Property: Zone Change #98004—Establishment of Planned Development 15 Overlay District- (3900 Traffic Way/ Shores) ■ Fiscal Impact: None ■ Staff recommends: Council introduce for second reading by title only Ordinance No. 367, adding a Planned Development Overlay District-15 (PD-15) to the City Zoning Ordinance. [Community Development Department] 5. Davis Property: Zone Change #98004 - Mixed Use Cluster Residential Subdivision— (3900 Traffic Way/ Shores) ■ Fiscal Impact: None ■ Staff recommendation: Council introduce for second reading by title only Ordinance No. 368, rezoning the project site from RS(Residential Suburban) to RSF-X(PD-15), L (PD-15) (Recreation), and I(Industrial) [Community Development Department] 6. Atascadero Mall Overlay Project(#99-01)—Accept completed public improvements ■ Fiscal Impact: $11,563.62 in Urban State Highway Account and Sidewalk Trust Funds (Fund 500) ■ Staff recommendation: Council accept public improvements as complete and authorize release of the project retention in the amount of$11,563.62 to A.J. Diani Construction Company[Community Services Department] 7. Garcia Road Storm Damage Repairs—Bid No. 99-03 ■ Fiscal Impact: $39,882 ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Whitaker Engineering Contractors, Inc. [Community Services Department] CC 11/23/99 Page 3 8. San Benito Elementary School Road Improvements—Bid No. 99-07 ■ Fiscal Impact: $26,517.96 ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Souza Engineering Contracting, Inc. to construct the route to school improvements at the San Benito School. [Community Services Department] 9. Garcia Road Bridge Replacement Project ■ Fiscal Impact: $12,450 ($9,960 HBRR, $2,490 Fund 705) ■ Staff recommendation: Council authorize the Mayor to execute a Consultant Services Agreement with Tarvin &Associates for the services required to prepare appraisals and right-of-way maps for the acquisition of slope easements and rights-of-entry required to replace the Garcia Road bridge. [Community Services Department] 10. Request to Serve Alcohol at a Private Function in the City Administration Building ■ Fiscal Impact: $200.00 in rental income ■ Staff recommendation: Council approve the request to serve alcohol at a private function in the City Administration Building. [Community Services Department] 11. Lighting Plan for Atascadero Lake Park—Request by the Atascadero Rotary Club to modify plan ■ Fiscallmpact: None ■ Staff recommendation: Council approve a request by the Atascadero Rotary Club to modify the Lighting Plan for Atascadero Lake Park by installing one additional decorative lamppost in the approximate location of a recently removed PG&E power- pole with a streetlight fixture. [Community Services Department] 12. Annual Investment Policy Review—Finance Committee review of Investment Policy with recommended changes and additions. ■ Fiscallmpact: None ■ City Treasurer recommendation: Council approve the attached revised Investment Policy with the changes and additions as recommended by the City Finance Committee. [City Treasurer] The City Clerk pulled Item#A-2 for corrections, Rush Kolemaine pulled Item#A-3, Eric Greening pulled Item#A-4, Council Member Luna pulled Item#A-10, John McGoff pulled Item #A-12. MOTION: By Council Member Clay and seconded by Council Member Scalise to approve Items #A-1, 5, 6, 7, 8, 9, and 11. Motion passed 5:0 by a roll-call vote. RE: Item #A-3: Rush Kolemaine, P.O. Box 1990, asked the Council to review the traffic situation before approving this item. Principal Planner Warren Frace confirmed that the submitted parcel map is that which was approved by the Planning Commission. He stated that the El Camino Real improvements are consistent with the General Plan. Mr. Kolemaine explained that he has concern for the circulation element with regard to direct access between CC 11/23/99 Page 4 Traffic Way and El Camino Real. Council Member Luna asked if we would lose anything by accepting the offer and if the developers would be responsible for the road. Mr. Frace responded that it would be fully improved to City standards by the developers and they would be responsible for the road. MOTION: By Council Member Clay and seconded by Council Member Scalise to approve Item #A-3. Motion passed 5:0 by a roll-call vote. RE: Item #A-4: Eric Greening, 6600 Lewis Ave., asked that a Phase II survey be done before plans are drawn. He requested that a monument or plaque be placed at the De Anza campsite in cooperation with Meredith Kaplan. Council Member Clay stated, in regards to the adobe found near the Davis project, he would like to see a plaque placed there. He commented that the installation of fields would not be as big of a problem. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item #A-4. Motion passed 5:0 by a roll-call vote. RE: Item #A-10: Council Member Luna asked if there will be security during this event. Community Services Director Brady Cherry responded that private security would be required. Council Member Luna expressed concern that this event would take place within a drug-free zone. Mayor Johnson stated that this event is probably in the gray area and recommended a close watch be kept on the events in the City Administration Building. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, stated that he believed the amendment made to the policy for the allowance of alcoholic beverages in the City Administration Building would be limited to three events per year providing that the party was non-profit or a body of the City, excluding private parties. He asked for the date, time, and expected attendance for the event. Mr. Cherry responded that reservations were made for December 11, 1999, from 5:30— 8:00 p.m., with approximately 60 persons in attendance. John McGoff, 9192 Maple St., expressed his opposition to allowing alcohol use on City property. Mayor Johnson closed the Public Comment period. No motion was made by the Council, thus denying the request. RE: Item #A-12: John McGoff, 9192 Maple St., asked if he correctly understood that the Health and Safety Code requires Redevelopment Agency funds to be separately banked and budgeted. Administrative Services Director Rachelle Rickard responded that the funds are in separate accounts, tracked separately, etc. She stated that it is part of the same checking account; however, the City and Redevelopment Agency funds are not interspersed. Mr. McGoff asked if it is City policy to invest in real estate. City Treasurer David Graham responded that CC 11/23/99 Page 5 investments in real estate are forbidden by the State Code. He stated that we can, however, invest in mortgage backed securities. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item #A-12. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Atascadero State Hospital / Chalk Mountain Golf Course Annexation—Conducting Authority Hearing of Annexation. ■ Fiscal Impact: Positive ■ Staff recommends Council, acting as the Conducting Authority: 1. Summaries the LAFCo resolution of determination on the reorganization. 2. Open the Public Hearing and allow anyone wishing to protest the annexation to make statements and submit or withdraw written protests to the Clerk. 3. Close the Public Hearing and recess the meeting to allow the Clerk to determine the value of written protests filed and not withdrawn. 4. Reconvene the meeting and have the Clerk report the value of the written protests that have been filed. S. Adoption of Resolution 1999-068 making a finding regarding the value of the written protests filed. [Community Development Department] Principal Planner Warren Frace gave the staff report and answered questions of Council. Council Member Luna asked how notification was given. Mr. Frace stated that all voters have been notified by mail. Council Member Luna asked what document was sent out. Mr. Frace responded that a legal notice, outlining the project and the process for filing a protest, was sent with a map to all registered voters within the boundary. Mayor Johnson read a summary of the LAFCo resolution passed November 18, 1999. Mayor Johnson opened the Public Hearing to allow anyone wishing to protest the annexation to make statements and submit or withdraw written protests to the Clerk. PUBLIC COMMENT: None Mayor Johnson asked the City Clerk to report on the written protests filed. Ms. Torgerson reported to the Council that she has received one valid written protest (see Attachment D). She explained that as a result, the Council may adopt the proposed Resolution, deleting 92 and#3 under Section 1, Finding and deleting #2 and#3 under Section 2. Determination, CC 11/23/99 Page 6 MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-068 accepting Finding 1, deleting 2 and 3, and accepting Determination 1, deleting 2 and 3. Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: 1. General Plan Update Strategy ■ Fiscal Impact: $60,000 increased appropriations for FY 1999-2000 ■ Staff recommendation: Council approve strategy for General Plan update, authorize the City Manager to enter into contract with Crawford Multari Clark& Mohr for consulting services, and appropriate City Manager Wade McKinney gave the staff report and answered questions of Council. Council Member Luna thanked Mr. McKinney and suggested that his report be placed on the web site. He stated he is one of those citizens who are nervous about this process. He asked how Atascadero is going to grow and how staff intends to deal with the issue of growth. Mr. McKinney responded that staff believes that a strengthening of the General Plan and pro-active approach to designing areas of housing opportunities will be necessary. Mr. McKinney mentioned that mixed-use development is a good idea and our downtown would be a good area to implement that process. He explained that Atascadero won't be able to deal the numbers of people that come in the future. We don't really have control over a population cap. He stated that we have many people living in illegal second units that we are unable to include in our population total. He stated that now is the time to allow development in the areas we want development and prohibit development in the areas we do not want development. Mayor Johnson asked in regards to build-out, if the current measure is a good measure to use. Principal Planner Warren Frace stated that the population number is a theoretical number for highest build-out and will probably never be achieved. Council Member Clay commended Mr. McKinney on his report. He stated that when he hears the word"growth" he visualizes growth of parks and industry, not necessarily homes. He expressed that he would be realistic about our community. Council Member Scalise stated that she was pleased to hear that some of the General Plan will still be used. She expressed concern for the future of our community, with water at the top of the list. She stated that she feels the General Plan lacks a balance of jobs and housing. Mayor Pro Tem Arrambide expressed appreciation for Mr. McKinney's presentation. He stated he would like to see a CPM or date sensitive analysis attached to the tasks. Council Member Luna stated those that know the past and understand the present can grasp the future. He commented that when he views the past he see things such as the Mackey project; CC 11/23/99 Page 7 when looking at the present he sees things such as SOAR and smart growth. He asked if density is increased, how would the General Plan goal of preserving residential neighborhoods be kept in areas such as Traffic Way where there are large residential lots. Mr. McKinney stated they anticipate discussing alternatives with the neighborhoods and presenting them to the City Council. He suggested that the neighborhood mentioned by Council Member Luna may have the capacity to carry more density. He stated that the role of staff would be to explore the alternatives with the neighborhood and the community. Mayor Johnson stated that"we don't want sprawl." He commented that he would like to get community involvement. Council Member Luna asked if they would see an itemized budget for the $120,000 spent. Mr. McKinney stated that they could provide an early estimate and later an update. Council Member Luna replied that he would like to see an itemized budget. Council Member Clay expressed that he does have a concern for the architecture. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, thanked the City Manager for his thorough report on this item. He asked for clarification of the details of the proposed contract. John McGoff, 9192 Maple St., read into the record a fax he sent to the Mayor and City Manager regarding his concern about the City's process for requesting proposals for consulting services. (see Attachment D) Mayor Johnson asked the City Attorney to respond to Mr. McGoff s concerns. Mr. Hanley stated that the State law provides the process for the City to be able to contract and it is not necessary for a City to have a Municipal Code specifying the legalities of entering into a contract. He also stated that everything Mr. McKinney has contracted for are administrative matters in compliance with State law. He commented that staff has sought and brought forward additional information beyond what was necessary. Mr. McGoff asked about sole source. Mr. Hanley responded that there is no code section that says you cannot sole source. He stated that sole source of these types of services is legal, although it is not the case of Public Works contracts. Donald Funk, representing Wes O'Reilly and John Hegerdy, who have submitted General Plan Amendments, asked if they will be included in the update process. Mr. Frace explained that the applications have been recommended to be folded in to the overall update process for consideration. Rush Kolemaine, P.O. Box 1990, again asked for clarification of the details of the proposed contract. Mr. McKinney replied that the project will be conducted by staff, however, the firm will be used as needed and as specified in the contract. CC 11/23/99 Page 8 John McGoff, 9192 Maple St., also asked for clarification of the proposed contract with regards to it being open-ended. Mr. McKinney stated that the City will contract for individual elements and will not be open-ended. Mayor Johnson closed the Public Comment period. Council Member Clay stated that he appreciates the fact that Mr. McKinney has done an excellent job preparing for this process and it is clear he is working to keep the costs down. Mr. McKinney stated that there will be a maximum of$60,000 spent. Mayor Johnson expressed that he is not interested in moving away from the goals of the General Plan. He stated that he would like to see community involvement. Council Member Luna stated that SOAR does not put any in-fill pressures on the cities. He expressed support for pro-active and smart growth principals. However, he stated that in-fill pressures should not force us to rewrite our General Plan. He expressed his fear for what has happened in the past with pressure from developers, such as in 1992 when Bob Nimmo received a letter at the last minute and changed portions of the General Plan on the basis of that one neighbor. He suggested that the community members organize, be part of the process and not rely on government. Robert Nimmo, Bella Vista, asked to speak since his name has been mentioned several times tonight. He stated he is not a developer and he does not own a lot of property in Atascadero. He and his wife have gifted the majority of his holdings to their children. Mr. Nimmo expressed his support for the update of the General Plan. He stated that growth is inevitable, and we already have multiple families living on single family.parcels—a growing problem that needs to be addressed. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to approve strategy for General Plan update, authorizing the City Manager to enter into contract with Crawford Multari Clark& Mohr for consulting services, and appropriate $60,000 for allocation reserves for the update process. Motion passed 4:1 by a roll-call vote. (Luna opposed) 2. Information Bulletin D. COMMITTEE REPORTS: S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson stated that they would be meeting next week. CC 11/23/99 Page 9 Air Pollution Control District Mayor Pro Tem Arrambide announced that they met this week with regards to the back-yard burning issue. He stated that we are still without a plan in Atascadero. He commented that we have a problem with our urban forests in terms of waste management, and the Federal government is requiring cities to come up with an alternate plan for back-yard burning. He expressed disappointment for the lack of public involvement. Council Member Scalise commented that she would be willing to create some type of ad hoc committee. Mayor Johnson stated that he would like to see this move forward, and if an ad hoc committee is needed, he could support it. County Myor's Round Table Mayor Pro Tem Arrambide reported that there was a great presentation by the Economic Vitality Corporation. He stated that they discussed job opportunities/businesses for the Central Coast. City/ Schools Committee Mr. McKinney announced that a tentative all-day mediation meeting is set for December 21, 1999. SCA-3 Steering Committee Council Member Scalise reported that they do have a consultant that they will meet with in conjunction with the SLOCOG meeting on December 8, 1999. She stated an estimated $12 million dollars, annually, would result for Atascadero. She commented that she had a good time at the Mayor's Hospice luncheon, and stated that they thanked Atascadero for their efforts regarding the lighting of the "Tree of Life." Mayor Johnson announced that the Sunken Gardens Holiday Lighting Ceremony will take place on November 27, 1999. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay stated he would like to review with the public what he learned at the Smart Growth Conference. Council Member Luna asked if any of the conference was televised. Mr. McKinney replied that they were video taped, however they did not offer videos for purchase. He stated that he did obtain audio tapes of the sessions. CC 11/23/99 Page 10 F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:22 p.m. to the Special Road Meeting on November, 30, 1999, at 6:30p.m. MEETING RECORDED AND PREPARED BY: Marcia McClure Torgerson, City Jerk 0-1" Melanie Whaley, Deputy City Clerk ATTCHMENTS: A- Prepared statement by Daphne Fahsing, 5105 Llano Road,November 23, 1999. B- Prepared statement by John McGoff, 9192 Maple Street,November 23, 1999. C- Protest against proposal to reorganize (annex) approximately 884 acres, by R. R. Olvera,November 16, 1999. D- Prepared statement by John McGoff, 9192 Maple Street, November 22, 1999. CC 11/23/99 Page 11 Attachment: A Atascadero City Council Meeting Date: 11-23-99 Daphne Fahsing, 5105 Llano Rd . City Council, Tuesday, November 23,1999 I just want to refresh your memory back to your last meeting, November 9, on the subject of the state hospital expansion. At least 12 people stood up here and said we don ' t need any more sexually violent predators in our city; Marcia read more letters and told you she had received 25 phone calls . I think all of you said you had received calls and letters, more than on any other recent subject. One person was for the prison. Mrs . Scalise called that a "small minority. " I see it as a very large majority. Legislators know that one letter, or call , from one constituent speaks for another 1,000 . Every time we hear from a public official we are told "We want your input . We will listen to you. " Every time we take you at your word, tell you what we want and what we do not want, only to find the majority of your council hasn't really heard a word. Or is there something going on behind the scenes that determines what your decision will be? I prefer not to think so. It kind ofreminds me of the Highway 41 realignment meetings, when Mr. Nimmo was mayor. That final meeting on a cold, windy, rainy. night, an overflow crowd, and at least three times as many people who opposed any realignment, the sensible route being to Paso Robles and Hwy-46 . It didn ' t mean a thing to Mr. Nimmo. He ignored the majority. He wanted it, and he got it . And look what a mess it is ! The same thing is happening now. You didn' t only ask for information. You asked that Atascadero "be considered. " In other words, yes , we 'd love to become the sexual predator capital of California. I thank Mr. Luna and Mr. Clay for their independent thinking.. The rest of you, we have to wonder: When will you begin to listen? When can we begin to trust you? Attachment: B Atascadero City Council Meeting Date: 11-23-99 Community Forum - Tuesday,November 23, 1999 Mayor Johnson, Council Members John McGoff 9192 Maple Street Atascadero During the last council meeting, Bob Lilley, used the analogy of a train when characterizing the actions of this council majority and certain staff regarding land use decisions. Mr. Lilley was representing a number of citizens who wanted a taste of the General Plan and Zoning Changes that have approved and that add substantial value to the land of special interests in this community. I can share the anger and frustration of these people in demanding equity, and as they realize that this council majority holds the quality of life in this City hostage with four little words, one uttered by each of the majority, YES, YES, YES AND AYE. Time after time since that last election, we have attended too many meetings where you have ignored the planning staff, the neighbors and the community at- large. You have consistently added 10's of thousands, often 100's of thousands of dollars of value to parcels for individuals, company's and corporations whom you affectionately call "your constituents". These range in value from the Banana Republic you approved for Mr. Jones at 5190 Aguila Ave. Mr. Jones, with great candor, explained that he wanted the lot split for the money. That he was not satisfied with the appreciation in value of his 5 plus acre parcel over the past 28 years, the council majority effectively engaged in estate planning for the applicant. Regarding "The Lakes" project. The increase in density allowed was so large as to permit Denis Moresco to gratuitously offer $250K, 1/4 of a million dollars, to the City for youth activities. Was this a noble gesture, or to assure a swing vote, if necessary. Our development fees are kept below market, not even indexed for inflation since 1992, because the council majority thinks it is TOO EXPENSIVE for developers to build here. Obviously, this pencilled out rather nice for Mr. Moresco. Thanks to you, the "lakes" will be the nearest thing we have to tract housing in this City I hope you have noticed the increasing frequency of Letters to the Editors of local newspapers questioning your ideologically driven decisions. When I say your votes are holding this city hostage, I mean just that. The land use decisions are affecting the appearance of this City and, most egregiously, the quality of life for years to come. You name it, traffic, pollution, erosion of infrastructure, you can and have done it with as few as two votes when other councilmen have had to step down for conflict of interest. The increase in the height of netting at Eagle Creek is just one example. You packed the Planning Commission to divert some of the heat from the Council. However, no matter how zealous Mr. Carden is in carrying the water for the developers, maybe Dan Mackey perhaps Kelly G, it took the neighborhood to prove a conflict of interest and questioning the efficacy of 29 homes on land suitable only for a rifle range. Tonite you hold the hammer again if you try to impose your will on the Citizens who have not asked for, much less want, not legally mandated, a comprehensive, special interest and consultant driven General Plan Update. Are we to assume that you use a tactic such as placing this on the agenda as a management report. Surely,a contract which may require multi-year funding and additional appropriations is as important as annexing ASH> When I mentioned earlier Bob Lilley's analogy of the train, I would like to broaden that to characterize council majority actions as running a railroad. Your railroad has a conductor, a couple of porters, but strangely, no brakeman or identifiable or accountable engineer. It does have an engineer, the only evidence I can find of an agenda including gerry-mandering of the General Plans and Zoning. Here's a copy of Bob Nimmo's beliefs he expressed when he ran for election to this council. The agenda hasn't changed, only the faces. Attachment: C Atascadero City Council 045451-2, Unit 6 Meeting Date: 11-23-99 Atascadero State Hospital 10333 E1 Camino Real P.O. Box 7001 Atascadero, CA 93423-7001 Tuesday, November 16, 1999 D J i Marcia M. Torgerson, City Clerk NOV 18 M 6500 Palma Avenue Atascadero, CA 93422 CITY OFATASCADERO CITY CLERK'S OFFICE Subject: PROTEST AGAINST PROPOSAL TO REORGANIZE (ANNEX) 884+ ACRES Dear Marcia M. Torgerson: This is to inform the City Council of the City of Atascadero of my personal feelings regarding their proposed reorganization plan to annex 884+ acres known as the Atascadero State Hospital and Chalk Mountain Golf Course Annexation Area No. 5. According to the NOTICE OF PUBLIC HEARING, dated November 4, 1999, one of the reasons given as a justification for the reorganization of the above territory in question is that "The territory is already built- out to its highest and best use as a State Hospital Facility. . ." I strongly disagree with your perception that the territory in ques- tion is already built-out to its highest and best use. While it's certainly true that a state hospital--Atascadero State Hospital, to be exact, is located within this territory, to say that this hospital constitutes the highest and best use of the territory is arguable. Atascadero State Hospital, in my opinion, does not constitute good, let alone best .usage of the land upon which it stands. Surely it would be far better if the hospital was vacated, demolished and the land be put to productive/positive use. Atascadero State Hospital, which is a hospital in name only, is a dis- graceful, notoriously corrupt, chamber of unspeakable horrors unworthy of public support--political, financial, or otherwise! This so-called hospital should have been named Atascadero State Hell. This way it would at least be justified in its horrendous practices of abuse, tor- ture, deceit, corruption and other human rights violations. The citizens of Atascadero have a right to know, and the City Council has a legal responsibility to investigate the facts, before consider- ing to reorganize the territory in question. If you or any other city official would like to discuss any of the issues presented in this letter, with me, I shall welcome the opportunity to do so. In the meantime, I strongly urge the City of Atascadero not to lend its support, in any form, to Atascadero State Hospital. If the land was presently being occupied by a genuine, real hospital or school, col— lege, university, community center, etc. , then I would gladly support your proposal. After all I too am a responsible citizen that supports positive growth, change and development. 'Ps. 71is wrAenrotest i5 made 61 x Sincerely, V,, reji6+ered voter. R. R. Olvera NOV-22-99 11 : 17 AM JOHN MC GOFF 1 805 461 0477 P.02 Attachment: D ' Ray 3, City Clerk, 10.57 AM 11/22/99, Contracting for Consultant Ser Atascadero City Council m ting Da1C. 4Ll Aa 79 To: Ray J, City Clerk From: John J McGoff <jjmcgoff0calinet.com> Subject: Contracting for Consultant Services Cc: Wade, George Home, City Atny Bcc: Attached: C:\WINDOWS\Desktop\My Documents\Agenda, 23 Nov-Procurement.doc; Ray: Attached Is addressed to you via e-mail because of the urgency of this matter. You have been put on notice of the public's concern regarding any "comprehensive" tinkering with the publics plan and zoning ordinances, yet, to and behold, we are within but a heartbeat of awarding a contract? I will deliver a signed copy for Marcia to receipt. Also copies for other council members without e- mail addresses. Contrary to what the City Attorney has written, there are people out here who know enough about contracting to question both the city's motives and methods. With the ever-increasing reliance of the city (McKinney) on consultants, you had better get the city's act together, procurement-wise. I would bet that if you asked the Finance Director for a summary of the cost of consulting contracts awarded since October of 1997, you would be amazed. If, as reported in this mornings Tribune, the City manager proposes to roll the Main Street contract and the GP update contract into one, he is compounding your problems. How does he propose to do that? Main Street was awarded using CRA Funds. The GP update will be using General Funds. Co- mingling of funds is a dangerous, if not illegal action. Look at Paso's on-going problems in trying to launder money thru their CRA. This contract appears on the face to be a multi-year procurement. It is being split to avoid a finanacial limitation. You do not have FY 01 funds to encumber. A case could be made that the Main Street contract becomes a split procurement if you attempt to roll It into another contract. Even though the City ASSUMES competent authority to contract for consultant services, based SOLELY on the citys Procurement&Purchasing Manual, contracts for services have never been formally bid although the Council has established limits and procedures in the Code. Your public policy does not suggest public notification, it mandates it when the proposed contract exceeds those limits. There are exceptions to formal bidding, however the methods currently employed are not authorized exceptions. Formal bidding has been deliberately circumvented by utilization of "Requests for Proposals". Although these are a form of procurement, they do not obviate the requirement for public notice. Formal bidding, public notice of the proposed encumberance of public funds, Is simply an orintaA 1nr 7nhn 7 Mrf nli tiimrrsniflF9l�alinat_rnm� NOV-22-99 11 : 17 AM JOHN MC GOFF 1 805 461 0477 P.03 Ray 3, City Clerk, 10.57 AM 11/22/99, Contracting for Consultant Ser implementation of the publics right to know HOW, WHEN, WHY, and WITH WHOM you are spending our tax dollars. Pubiic notice Is not only for Joe Taxpayer, it also assures full, fair and open competition for the citys business. Provides an opportunity for contractor protest of awards, and a myriad of other protections. These actions require publication in a newspaper soliciting bids/proposals. Posting prominently on City bulleting boards, public library, etc. Receipt, recording and safeguarding bids/proposals by the City Clerk. Public opening and reading of the bids/proposals at the time certain as shown in the solicitation. Public posting of the notice of award, prior to such award. None of these policies have been followed.The methods currently practiced are contrary to the public interest. In point of fact, they not only give the appearance of impropriety, they encourage It by concealing from the public acts, which by law, they have a right to know. Most egregiously, they hide the facts until the contract is presented to the council as a "done deal" with public co- opted from the process until the last five minutes before you vote. As evidenced by Councilman Arrambidie's cavalier attitude when HE decided to raise McKinney's pay, which the majority rubber-stamped. Well, that made a majority of four. What about the other 23,000 tax payers in this city?This and other council/city manager actions tells the public that the majority feels that they are only accountable every two years. An increasing number others In this city do not subscribe to that self-serving attitude. They are just beginning to express their concerns at council meetings and in the local FREE press. Expect to be held accountable whenever your judgement or treatment of the public is found wanting, every other Tuesday, if necessary. Yours for good government. John MCGoff Printoet fnr 7nhn 1 Mf`�:AK ;��MPAA�FIRIPS1��nPt.f AM1