HomeMy WebLinkAboutMinutes 061300 Approved June 27,2000
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, JUNE 139 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 Billings
b. City of Atascadero v Atascadero Unified School District
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 reportable action in the Closed Session and
the Council would be returning to the Closed Session after the Regular Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:05 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, Assistant City Manager Brady Cherry,
Community Economic and Development Director Paul Saldana, Public
Works Director Steve Kahn, , Police Chief Dennis Hegwood, Fire Chief
Mike McCain, and City Attorney Roy Hanley
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member Scalise
to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Atascadero High School Championship Golf Team—Mayor Johnson will present a
Proclamation to the team.
Mayor Johnson presented the proclamation to the golf team. Sam DeRose, Atascadero High
School Golf Head Coach, thanked the Council for this honor.
2. EMS Distinguished Service Certificate Recipient- Mayor Johnson and Fire Chief
McCain will recognize Fire Captain/Paramedic Keith Aggson.
Fire Chief McCain introduced Keith Aggson to the Council.
3. Fire Prevention Inspection Progr,_am—Fire Chief McCain will recognize Fire
Captain/Paramedic Peter Gaw for his outstanding performance in the development of this
program.
Fire Chief Mike McCain thanked Captain Peter Gaw for his faithful contributions to Atascadero
Fire Department and the community.
4. Stork Pins—Fire Chief McCain will present stork pins to Public Safety employees who
assisted in the birth of Shaylyn Rose Coy on April 30, 2000.
Fire Chief McCain presented stork pins to Fire personnel and dispatch.
COMMUNITY FORUM:
Ann Ketcherside, stated that members of the public have asked her to look into the policy of the
City to control how many farm animals someone can own. She expressed her opposition to the
City's authority to determine what the citizens' land rights are in Atascadero.
Raymond Jansen, 6655 Country Club Drive, summarized a letter to the editor he sent to the
Atascadero News in April. He stated his concerns about a broader consciousness of citizenship
responsibilities.
Eric Greening, 6600 Lewis Ave., brought the Council up-to-date on the Salinas Dam, Lake
Nacimiento and State Water issues as a result of his attendance at recent County Water meetings.
He also asked if the $50,000 allocated by the Council has been spent. He urged that the Council
give a portion of the funds to Lorraine Scarpace for her contributions.
Mayor Johnson closed the Public Comment period.
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COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Clay announced that the $500,000 City request to the State has made it through
the Budget Committee and is now headed to the Governor's office. He asked that the City send
a thank you letter to Senator O'Connell and Assemblyman Maldonado for their efforts. Also, he
stated that the Chamber mixer last week was excellent.
Council Member Luna concurred with Council Member Clay and suggested that we write letters
of support to the Governor.
Council Member Scalise announced that Parks and Recreation Chairperson Barbie Butz was
recently recognized by the EOC for her efforts for the community. She thanked Barbie publicly
for all her efforts.
Barbie Butz, 3370 San Fernando Road,thanked Council Member Scalise for her comments. She
also said that she was pleased to see that 1/3 of those recognized were youth.
Mayor Pro Tem Arrambide stated that he is pleased to see the community get behind the Youth
Center. He said he had heard that the $500,000 would have come our way without restriction but
now, as a result of our efforts, is being designated for a specific project. He asked staff if this
was true. City Manager Wade McKinney stated that so far, that is not true.
1. Election Signs—Review and Approve Ad Hoc Committee's Recommendations
■ Fiscal Impact: None
■ Ad Hoc Committee recommendation: Council review and approve the proposed
memo,press release, notice and code of campaign conduct
Mayor Johnson explained the attached documents to the Council.
PUBLIC COMMENT
Dorothy McNeil, 8765 Sierra Vista Road, stated these policies are not enforceable. She asked
the Council to strengthen the Municipal Code instead of requesting voluntary compliance.
Geraldine Brasher, 3202 Monterey Road, stated that the policy should be broader and should be
addressed to the candidate.
Eric Greening, 6600 Lewis Ave., urged the Council to strengthen the Code.
Ray Jansen, 6655 Country Club Drive, suggested that depth of content should be more important
than name recognition. He stated we need to encourage the public to get to know the candidates
better before voting.
Mayor Johnson closed the Public Comment period.
Mayor Pro Tem Arrambide stated that within the Code it states that the candidates must adhere
to related ordinances.
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Council Member Luna stated he is pleased with the efforts of the Committee. He said he would
like to see a notice to all candidates, including County, State and Federal, stating Atascadero's
rules concerning election signs. He asked the City Attorney for clarification on staff's authority
with regard to signs that are placed on public property.
City Attorney Roy Hanley stated that wording can be formed to specify staff authority for sign
removal.
Mayor Johnson stated we need clarification on the issue of citizens enforcing our sign ordinance.
City Attorney Roy Hanley stated he would not encourage citizens to individually enforce the
Code, but whether they could or could not, the fundamental policy question should be addressed
by the Council.
Mayor Johnson said that he is asking if it is legal for citizens of the City to independently enforce
our Code.
Mr. Hanley said that he would not want to encourage citizens to independently enforce our Code,
but stated that is his personal preference. He also mentioned that the fundamental policy
question should be addressed by the Council.
Council Member Scalise pointed out that it clearly says, "If you place an illegal sign in this City,
the Community Development Department will contact you with a 72-hour notice."
Council Member Luna said that the 72-hour notice was too long. If a sign is placed illegally
over the weekend, and the election is on Tuesday, the election will be over before the City
notifies them of the violation.
Mayor Pro Tem Arrambide asked the Council to look at the first sentence in 92 of the Code of
Conduct. He explained that it seems clear by that portion of the document that if a sign is found
to be in violation of our Code, it should come down immediately. Council Member Luna agreed.
Mr. Hanley responded that the 72-hour notice is for criminal violations only. If directed, staff
could remove signs on City property immediately.
There was Council consensus that any campaign signs placed on City property should be
removed by staff immediately.
Council Member Clay suggested some changes to the documents proposed. He stressed that he
does not think that signs should be removed, relocated or defaced by anyone other than the
property owner.
Lon Allan, committee member, stated that it was his belief that the issue of this Code of Conduct
applied to all candidates, whether running for the Council or not. He suggested that it be made
more explicit to the public in the press release.
Mayor Johnson concurred with Mr. Allan.
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MOTION: By Council Member Scalise and seconded by Council Member Luna
to approve the proposed memo, press release, notice and code of
campaign conduct,with the following amendment:
An addition to the press release specifying that election sign codes
apply to all candidates whether on the local, state, or federal level.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR
1. City Council Minutes—May 23, 2000
■ City Clerk recommendation: Council approve the City Council minutes of May 23,
2000 [City Clerk]
2. General Municipal Election—November 7, 2000
■ Fiscal Impact: $9,200 (estimated)
■ City Clerk recommendations:
L Council adopt draft Resolution, calling and giving notice of the holding of
a General Municipal Election to be held on Tuesday, November 7, 2000;
and
2. Council adopt draft Resolution, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election to
be held on November 7, 2000. [City Clerk]
3. El Camino Real Rehabilitation Project—from Santa Rosa to Palomar Ave.
■ Fiscal Impact: $408,300 (Fund 500 =STIP)
■ Staff recommendation: Council authorize the Mayor to execute an agreement and
Change Order No. 1 with R. Burke Corp. to construct an asphalt concrete overlay
and appurtenances on El Camino Real,from Santa Rosa Road to Palomar Avenue
[Public Works]
4. Establish 35 MPH Speed Limit—on Atascadero Avenue from Curbaril to Portola
■ Fiscallmpact: $100
■ Staff recommendation: Council adopt draft Resolution, establishing a 35 mile speed
limit on a portion ofAtascadero Avenue [Public Works]
5. Del Rio Road/Graves Creek Bridge—Earthquake Retrofit Improvements—Bid No. 99-05
■ Fiscal Impact: $10,200
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Whitaker Contractors, Inc. to construct earthquake retrofit improvements on the Del
Rio Road/Graves Creek Bridge [Public Works]
Council Member Luna pulled Item#A-2. Council Member Clay pulled Item#A-4.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Luna to approve the Items #A-1,3, and 5.
Motion passed 5:0 by a roll-call vote.
(#A-3—Contract No. 2000-013, #A-5—Contract No. 2000-014)
RE: Item#A-2: Ann Ketcherside asked for clarification on the election procedures followed if a
Council Member steps down in the middle of his/her term. She also stated that one of the current
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Council Members has broken a law and there will be four openings in November rather than
three.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item#A-2.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2000-018 & Resolution No. 2000-019)
RE: Item#A-4: Council Member Clay asked about the speed survey. Public Works Director
Steve Kahn stated that the speed limit was addressed because of some safety concerns. Council
Member Clay requested that the speed limit be lowered to 30 mph. Police Chief Hegwood stated
that it would be more difficult to justify.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item#A-4.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2000-020)
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Human Services Grants - Approve allocation of Human Services Grants
■ Fiscal Impact: $10,000
■ Staff recommendation: Council approve Human Services Grants to the agencies and
in the amounts recommended by the Finance Committee [City Manager's office]
City Manager Wade McKinney provided the staff report.
PUBLIC COMMENT
Becky Miles, 8935 Amapoa Ave., Atascadero Cooperative Pre School, asked the Council to
approve their request for this Grant.
Catherine Manning, 750 Orcutt Road, San Luis Obispo, asked the Council to approve the request
made by EOC Homeless Services for this Grant.
Peter Boonisar, 5212 Magdelana Ave., Assure A Care, asked the Council to approve their
request for this Grant as they provide a community service for youth.
Jan Sarhat, 1030 Southwood, San Luis Obispo, EOC Health Screening, thanked the Council for
their past support. She asked for the Council's support.
Maura Hugh, EOC Health Services, explained their program and asked the Council to approve
their request for this Grant.
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Lana Adams, 1030 Southwood, San Luis Obispo, EOC Health Services, thanked the Council for
their support in the past. She asked the Council to reconsider the recommendation of staff and
approve their request for this Grant.
Barbie Butz, 3370 San Fernando, President of the Assistant League of SLO County, thanked the
Council for their past support and encouraged them to approve their request.
Mayor Johnson closed the Public Comment period.
Mayor Johnson stated that is very difficult to make these decisions.
Council Member Scalise agreed with Mayor Johnson.
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve Human Services Grants to the agencies and in the amounts
recommended by the Finance Committee.
Motion passed 5:0 by a roll-call vote.
2. Designate Visitors & Conference Bureau Board Member
■
Fiscal Impact: None
■ Staff recommendation: Council appoint the City Manager or his designee to the San
Luis Obispo County Visitors & Conference Bureau Board [City Manager's office]
City Manager Wade McKinney gave the staff report.
There was no Public Comment.
MOTION: By Council Member Luna and seconded by Council Member Clay to
appoint the City Manager or his designee to the San Luis Obispo
County Visitors & Conference Bureau Board.
Motion passed 5:0 by a roll-call vote.
3. Comprehensive Financial Strategy
Fiscal Impact: None
Staff recommendation: Council review the Comprehensive Financial Strategy and set
June 27, 2000 as a public hearing for the Annual Operating and Capital Budgets
[Administrative Services]
City Manager Wade McKinney gave the staff report and answered questions of Council.
There was Council consensus thatAtascadero get more involved
with State legislation in the future.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated the City Manager's presentation was powerful. He also
agreed with the concern of local government's inability to work favorably with the State
concerning financial issues.
Mayor Johnson closed the Public Comment period.
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Mayor Johnson announced that June 27, 2000, would be set as a public hearing for the Annual
Operating and Capital Budgets.
4. Information Bulletin
A. General Plan Neighborhood Workshop Update
Community Economic and Development Director Paul Saldana provided the update.
B. Employee Update
C. Attachments
1. Atascadero Chamber of Commerce-Activities and Programs
D. ATTORNEY REPORTS:
1. United Methodist Church Deferred Improvement Agreement
■ Fiscal Impact: None
■ City Attorney recommendation: Council authorize only two changes to the previously
approved agreement to defer construction of the improvements required of the United
Methodist Church [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council.
PUBLIC COMMENT
Linda Plate, 6375 Lomitas Road, Board Member of the Methodist Church. She explained the
church's concerns with the agreement and asked the Council to approve their attorney's requests
for changes. She stated that they would like to see sufficient notice for changes.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
Luna to authorize the two changes recommended by the City
Attorney to the previously approved agreement to defer
construction of the improvements required of the United
Methodist Church.
Motion passed 5:0 by a roll-call vote. (Contract No. 2000-015)
E. COMMITTEE REPORTS:
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson announced that they received more reports on the newly proposed rail which will
increase train traffic. He stated that they also discussed keeping pressure on the State concerning
the local roads issue.
Finance Committee
Council Member Luna reported that the committee met last week and discussed the Human
Resource Grants.
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Water Committees
Council Member Clay announced that Ken Weathers reviewed the MTBEs that occurred at our
local pond due to jet skis.
Economic Vitality Corporation, Board of Directors
Mayor Johnson announced that the annual meeting will be held on June 30, 2000.
Economic Opportunity Commission
Council Member Scalise stated that they had a recognition dinner for volunteers and will have a
regular board meeting at the end of the month.
North County Homeless Coalition
Council Member Luna stated that Police Chief Hegwood attended in his place and they are
continuing to discuss numerous issues.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Johnson suggested to the other Council Members to review the new mapping program in
the Community Development Department. He congratulated Eric Hansen on a job well done.
Also, he stated the Health Department is becoming more strict concerning fundraising barbecues.
He asked staff to look into the matter.
Cily Clerk
City Clerk Marcia McClure Torgerson reported the Election Code requires that she post a notice
in the newspaper the first week in July that an election will be held in November. She stated that
there are three Council seats available: Council Members Scalise, Clay and Luna's. The filing
period will open July 17th and close August 11th. She announced that she will be hosting a FPPC
workshop for candidates on August 24, 2000.
F. ADJOURNMENT:
Mayor Johnson adjourned the Regular Session at 10:08 p.m. to the Joint City Council's Meeting
scheduled for June 15, 2000. The Council returned to Closed Session.
MEETING RECORDED BY AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Cler
Melanie Whaley, Deputy City Clerk
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