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HomeMy WebLinkAboutMinutes 050900 Approved as submitted on May 23,2000 e MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, MAY 099 2000 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. Conference with legal counsel [Govt. Code §54956.9] Existing litigation: a. City of Atascadero v Atascadero Unified School District b. City of Atascadero v Baer 2. Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Department Heads, Mid-Management/Professional, Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Police Assoc. City Attorney Roy Hanley announced there was no action taken during Closed Session. However, the Council would be returning to Closed Session at the conclusion of the Regular Session. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:10 p.m. and 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,Assistant City Manager Brady Cherry, Public Works Director Steve Kahn, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Community Services Manager Geoff English, Compliance Officer Phil Dunsmore, Public Works Technician Valerie Humphrey and City Attorney Roy Hanley APPROVAL OF AGENDA: MOTION: By Council Member Clay and seconded by Council Member Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Service recognition for Alfred Clark Mayor Johnson announced that Al Clark was receiving a plaque for his service on the Planning Commission from June of 1997 until April of 2000. 2. Employee Service Awards Awards were give to Delma Mendes, Brian Dana, Claudia Collier, Paula Anton, Mike Walsh, Geoff English, Scott Satterwaite, David Bushor, John Couch, John Hutchins, Tom Jamason, Steve Sandeffer, Joe Dominguez, and Fred Motlo for five,ten, and fifteen years of service to the City of Atascadero. Claudia Collier and Fred Motlo were unable to attend and will receive their awards at a later date. Council Member Clay announced that he attended the Loyalty Day Program on April 29, 2000 at the Atascadero Lake on behalf of Mayor Johnson. He explained the proceedings at the program and presented an American flag from the program to City Manager Wade McKinney. He asked that the flag be flown at City Hall. COMMUNITY FORUM: Raymond K. Jansen, 6655 Country Club Drive, stated that he received a four-page mailing from the City that he feels contained no valuable information. He then read portions of an article regarding safe school, safe communities, and he gave each of the Council Members a copy for their review. Daphne Fahsing, 5105 Llano Road, stated the recent mailing from the City was not sent to residents who have post office boxes. Mayor Johnson directed staff to look into correcting this problem. Mayor Johnson closed the Public Comment period. COUNCIL ANNOUNCEMENT AND REPORTS: Council Member Luna shared information about the issue of cable lines being hung from utility poles in his neighborhood. He explained the neighborhood will be coming to the Council to address the issue. City Attorney Roy Hanley stated that he will be attending the meeting at the library where the neighborhood will be meeting with Charter Communications regarding this matter. CC 05/09/00 Page 2 A. CONSENT CALENDAR: 1. City Council Minutes—April 13, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of April 13, 2000 [City Clerk] 2. City Council Minutes—April 25, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of April 25, 2000 [City Clerk] 3. Robles Avenue Four Unit PD-7 Overlay—Zone Change 99007 (N.W.C. Robles Avenue & Sombrilla Avenue/ Shores) ■ Fiscallmpact: Negligible ■ Staff recommendation: Council introduce the Draft Ordinance,for second reading by title only, to approve Zone Change 99007 [Community& Economic Development] 4. Authorization to Purchase Transit Vehicle—from State Department of General Services ■ Fiscal Impact: $55,000 (80%funded through a Section 5311 Grant and 20%funded through TDA funds) ■ Staff recommendation: Council authorize the State Department of General Services to purchase a 22 passenger accessible bus for the City ofAtascadero [Public Works] Eric Greening, 6600 Lewis Ave., pulled Item#A-4. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Items #A-1,A-2, and A-3. Motion passed 5:0 by a roll-call vote. Re: Item #A-3: The Ordinance number will be#373. RE: Item#A-4: Eric Greening, 6600 Lewis Ave., expressed concern that the bus be equipped with a cord for passengers to notify the driver when they want to get off the bus. Public Works Director Steve Kahn responded, saying that he will look into the issue. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Clay to approve Item#A-4. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Nuisance Abatement Hearing—3755 Monterey Road (Richardson)—Code Enforcement Case#99107 ■ Fiscal Impact: None ■ Staff recommendation: Council adopt draft Resolution, thereby ordering nuisance abatement at 3755 Monterey [Community& Economic Development] Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. CC 05/09/00 Page 3 PUBLIC COMMENT Benning Richardson, 3755 Monterey Road, stated he feels this hearing is in violation of the Atascadero Municipal Code because too much time has passed since the City's notice to him. Mayor Johnson asked the City Attorney to explain the City's position. Mr. Hanley stated that records show that a time extension was requested and granted, thus the Council still has jurisdiction over the matter. He also stated that this is a civil proceeding not a criminal proceeding, and it is his opinion that a court would agree that this hearing is legitimate. There was lengthy discussion between Mr. Richardson and the Council with Mr. Richardson expressing concerns about the process being followed for this hearing. Mr. Richardson requested that if the hearing is to proceed he would like the witnesses to be sworn in. Mayor Johnson called a recess from 7:45— 7:54 p.m. City Attorney Roy Hanley explained that if the Council chose to use sworn testimony, they could have Mr. Saldana swear that everything he said previously is the truth and the documents presented in the staff report are true and accurate copies of documents delivered to the City. Mayor Johnson asked the City Clerk to swear in Mr. Saldana. Mr. Saldana was sworn in by the City Clerk. Mr. Richardson continued to claim that this hearing was not being conducted appropriately. Council Member Clay asked Mr. Richardson if he has any intention to clean up his property. Mr. Richardson stated that everything on his property is legal. Mayor Johnson requested several times of Mr. Richardson to present evidence showing that his property is in compliance with the Code. Mr. Richardson stated he needed table space and time to sort out his evidence. Mayor Johnson continued this item to after Item #B-2. 2. Nuisance Abatement Hearing— 8400 San Gabriel (Maxine Hill)—Code Enforcement Case#99039 ■ Fiscal Impact: None ■ Staff recommendation: Council adopt draft Resolution, thereby ordering nuisance abatement at 8400 San Gabriel [Community& Economic Development] Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. CC 05/09/00 Page 4 PUBLIC COMMENT Richard Hill, 8400 San Gabriel, spoke for his mother, Maxine Hill. Mr. Hill explained the history of his property and its use over the years. He stated that his family stores items to avoid filling the landfills. Mr. Hill also said that his family's way of life is simple, and they have been there long before the City was incorporated. He explained when the City incorporated, they grandfathered in his family's way of life; therefore, the City's ordinances do not apply to them. Mayor Johnson asked the City Attorney to comment on"grandfathering." City Attorney Roy Hanley stated that there is no such thing as a lifestyle grandfather rule. Council Member Scalise asked about the unsanitary living environment. Mr. Dunsmore explained that there is a large quantity of storage items, materials, cats and animals housed very close to the residential unit. He clarified that the issue before them tonight is the excessive storage. Mayor Johnson closed the Public Comment period. Council Member Clay asked Mr. Hill how long his family has owned the property. Mr. Richardson responded, 35 years. Council Member Luna asked how many non-operating vehicles are on the property. Mr. Saldana stated that there were three at the time of the site investigation. Mr. Hill responded that currently there is only one non-operating vehicle on the property. Council Member Luna stated that he feels he could adopt the draft Resolution. Mayor Johnson said that his inclination is to work with a property owner that is willing to work with the City. But he feels that he is hearing a property owner that chooses not to work with the City. Council Member Clay stated that he would like to give Mr. Hill a time extension. Mr. Hill stated that it would be impossible for him to clean up his property in 30 days. He explained that he would have to stop working for at least four to six months to even begin to clear his property of the storage. He said it would be impossible. Also, Mr. Hill stated that the City is claiming the items he is storing are of no value and that is not true. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to Council adopt draft Resolution, thereby ordering nuisance abatement at 8400 San Gabriel. Motion failed 2:3 by a roll-call vote. (Clay, Scalise, and Johnson opposed) MOTION: By Council Member Scalise and seconded by Council Member to Clay to adopt draft Resolution,thereby ordering nuisance abatement at 8400 San Gabriel changing the 30 days allowed for abatement to 90 days. Motion passed 5:0 by a roll-call vote. CC 05/09/00 Page 5 The Resolution number will be#2000-014. There was Council consensus for staff to work with the Respondent with regard to mitigation of the property. Mayor Johnson called a recess from 8:35-8:45 p.m. CONTINUATION OF ITEM#B-1 Mr. Saldana stated, for the record, that the date of service for the second notice was April 11, 2000. Mr. Richardson asked to be sworn in. Mr. Richardson was sworn in by the City Clerk. Mr. Richardson submitted six(6)photographs into the record for Council review. (See Attachment A) Mr. Richardson asked for clarification on several items referred to in the staff report. There was lengthy Council discussion with Mr. Richardson. PUBLIC COMMENT Dorothy McNeil, 8765 Sierra Vista, stated that the Council had seen two cases tonight of why the Council should never give unlimited time to any speakers. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Mayor Pro Tem Arrambide to adopt draft Resolution,thereby ordering nuisance abatement at 3755 Monterey changing the date of service from "April 6" to "April 11." Motion passed 4:1 by a roll-call vote. (Clay opposed) The Resolution number will be#2000-015. C. MANAGEMENT REPORTS: 1. Strategic Planning ■ Fiscal Impact: Individual impacts will be reported with any future recommendation. ■ Staff recommendation: Council adopt an Atascadero Vision Statement and Action Plans for the coming year. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. The Council reviewed the vision statements and action plans and made suggestions for amendments. Council Member Luna showed the Council a revised version on the Council's Vision. The only changes in the document were grammar changes. CC 05/09/00 Page 6 Mayor Pro Tem Arrambide and Council Member Scalise expressed support for the direction the vision statements and action plans were going. Council Member Luna expressed some concern with the diversified housing vision. He suggested that the action plan for diversified housing mix including affordable housing, apartments, and a homeless shelter. He also stated that he would like to see more regarding his concern for the environment. The Council reviewed and discussed the Action Plans. PUBLIC COMMENT John McGoff, 9192 Maple St., encouraged the Council to require in-progress reviews. John McNeil, 8765 Sierra Vista, suggested a growth limitation program, an architectural review program, and creek improvement program. He commented that our vision seems to be out of focus with our practices. Dorothy McNeil, 8765 Sierra Vista, stated she agrees with Mayor Johnson that the role of the Council is to provide services for youth but not to specify what those services should be. She expressed several concerns with various Actions Plans. David Graham, City Treasurer, suggested the Council add to the neighborhood preservation action plan the enforcement of Conditional Use Permits (CUP). Council Member Luna asked about the enforcement of a CUP. Mr. Saldana stated that plan checks are conducted and should be approved prior to occupancy. Council Member Scalise commented that she is very interested in the swimming complex issue with regard to the plans for the Youth Center. Mayor Johnson closed the Public Comment period. There was Council consensus to have staff continue to work on the vision statements and action plans and bring them back to Council. 2. Proposed 805 Area Code Split or Overlay ■ Fiscal Impact: Negative ■ Staff recommendation: Council authorize Mayor to send letter to the California Public Utilities Commission supporting Alternative #IA which would retain the 805 area code in Santa Barbara and San Luis Obispo counties. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. There was no Public Comment. CC 05/09/00 Page 7 MOTION: By Council Member Luna and seconded by Council Member Scalise to authorize to a Resolution letter to the California Public Utilities Commission supporting Alternative#lA which would retain the 805 area code in Santa Barbara and San Luis Obispo counties. Motion passed 5:0 by a roll-call vote. The Resolution number will be#2000-016. 3. Information Bulletin A. General Plan Status Report B. Joint City Council's Meeting C. Employee Update The Council received the Information Bulletin. Council Member Luna commented that the e-mail address for the General Plan Update had a typo. D. COMMITTEE REPORTS: Water Committees Council Member Clay reported there was a presentation on State water. He stated that several years ago the San Luis Obispo County took about 5,000 acre feet of State water and in 1992 neglected to increase the pipe size by two inches for the additional 17,000 acre feet. He stated that at some point, we may have to go back and redo the project. Council Member Luna stated, for the record, that he has a different opinion. Integrated Waste Management Authority Council Member Luna announced that they will meet tomorrow. He also commented that 10 years ago Coca-Cola claimed that they would use recyclable plastic in their bottles; however, they failed to follow through. IWMA then began the "Send the bottle back" campaign which resulted in Coca-Cola promising to use 10-25%recycling in their bottle production. Air Pollution Control District Mayor Johnson stated that there was a joint meeting with SLOCOG, but he had nothing to report. County Mayor's Round Table Mayor Johnson announced that they meet this Friday. He encouraged anyone to contact him if they have a subject they would like to see addressed. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney CC 05/09/00 Page 8 3. City Clerk a. Appointment of Ex-Officio Youth Representative on the Parks and Recreation Commission City Clerk Marcia McClure Torgerson announced that only one application was received for the position and asked that Council give her direction. Council Member Clay stated that the Planning Commission would be fortunate to have Michell Kim serve as the student representative. MOTION: By Council Member Clay and seconded by Council Member Scalise to appoint Michell Kim to the Youth Representative position. Motion passed 5:0 by a roll-call vote. 4. City Treasurer City Treasurer David Graham cautioned the Council about opening attachments with regard to the recent"I Love You"computer virus. F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 10:40 p.m. to continue the Closed Session. MEETING RECORDED BY AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Cl k Melanie Whaley, Deputy City Cler Attachments: A—Photographs of Benning Richardson CC 05/09/00 Page 9 K lb dry a r, 640�' A 1 •, b.n>.+wvx,, ;i Imo':.* f� 4# f F 5 aA- 4 k a Nom.,:, ,�„�• s"'x �. i, �w m 8 ^` Y �i s = • �j N dw lip*- �E ' y 17 4 T L P- - +�r�.w�.�nl/`'�rte^ ,�, .i f .�,: •9t� «� T- r ..y"`; .tom• ,'�1 i.