HomeMy WebLinkAboutMinutes 082200 Approved September 12,2000
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MINUTES
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, AUGUST 22, 2000
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. 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.
2. Conference with legal counsel—Existing litigation(G.C. Sec. 54956.9)
Significant exposure to litigation: Fredericks v. City of Atascadero
3. Conference with legal counsel -Anticipated litigation(G.C. Sec. 54956.9(b))
Significant exposure to litigation(one case): Maxine Hill v. City of
Atascadero
City Attorney Roy Hanley announced there was no reportable action taken in Closed Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the Regular Session to order at 7:00 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 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,Administrative
Services Director Rachelle Rickard, Community Services Manager Geoff
English, Principal Planner Warren Frace, and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Scalise to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. American Red Cross Presentation—San Luis Obispo County Chapter will be presenting
the City Council a Certificate of Appreciation.
Ray Buban, member of the Board of Directors of the San Luis Obispo County Chapter of the
American Red Cross, presented the City Council with a Certificate of Appreciation. He thanked
Council Member George Luna for his participation.
COMMUNITY FORUM:
George Highland, Zoological Society of San Luis Obispo, announced they are purchasing two
juvenile tigers for the Zoo. They will be shipped in September 2000. In the meantime, the
Society will fund the enlargement of the tiger exhibit and the South American Rainforest exhibit.
He announced that a Master Plan for the Zoo should be forthcoming.
Ann Ketcherside, Atascadero, Candidate for City Council, expressed her dissatisfaction with the
policy of the City to charge Council candidates $35 for the City budget. Mayor Johnson asked
staff to explain the City's policy on public access to City documents. City Manager Wade
McKinney explained the City's budget is available for review in the City Manager/City Clerk's
office and the public library. City Clerk Marcia McClure Torgerson added that staff does
routinely charge $35 to the public for the purchase of the City's budget, however, staff has
offered Council candidates to make a deposit of$35 to check out the budget, and the $35 will be
returned to them when they return the budget.
COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Luna gave a brief presentation on the creation of monuments to advertise some
of the local historical buildings. City Manager Wade McKinney stated that staff would look in
to the matter.
A. CONSENT CALENDAR:
1. Joint Meeting of the City Councils of San Luis Obispo County Minutes—June 15, 2000
■ City Clerk recommendation: Council approve the Joint Meeting of the City Councils
of San Luis Obispo County minutes of June 15, 2000 [City Clerk]
2. City Council Minutes—July 25, 2000
■ City Clerk recommendation: Council approve the City Council minutes of July 25,
2000[City Clerk]
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3. San Benito Routes to School Project—Bid No. 99-07
■ Fiscal Impact: STP Funds - $2,753.88
■ Staff recommendation: Council accept public improvements as complete and
authorize release of the project retention in the amount of$2,753.88 to Souza
Construction, Inc. [Public Works]
4. Wastewater Treatment Facility Upgrade, Phase 1
■ Fiscal Impact: Wastewater Funds -$79,146.48
■ Staff recommendation: Council accept the Wastewater Treatment Facility Upgrade,
Phase I, as complete and authorize the Administrative Services Director to release
the project retention in the amount of$79,146.48. [Public Works]
5. Downtown Revitalization Plan/Zone Change 2000-0003 - (City of Atascadero)
■ Fiscal Impact: Negligible
■ Staff recommendation: Council adopt on second reading by title only, the draft
Ordinance approving Zone Change 2000-003 to (1) repeal Article 13 through 16 and
Article 22 through Article 23 of Title 9 of the City's Municipal Code, (2) amend the
official zoning map, and(3) amend the zoning ordinance text to implement the
Downtown designation of the General Plan. [Community& Economic Development]
6. Downtown Revitalization Plan/ Sign Regulation Amendments—City of Atascadero
■ Fiscal Impact: Negligible
■ Staff recommendation: Council adopt on second reading by title only, the draft
Ordinance, approving Zone Change 2000-003 to repeal and replace Section 9-
15.0005(B) of the City's Municipal Code. [Community& Economic Development]
7. Downtown Parking & Business Improvement Area
■ Fiscal Impact: Negligible
■ Staff recommendation: Council adopt on second reading by title only, the draft
Ordinance amending Section 3-11.09 of the Atascadero Municipal Code relating to
the Business Improvement Association. [Community& Economic Development]
8. Acceptance of Final Tract Map 21-89/Tract 1831 —Chalk Mountain Village—8555 El
Corte (Bunnell Development Corporation/Vaughan Surveys)
■ Fiscal Impact: None
■ Staff recommendations:
1. Council accept Final Tract Map 21-89 (Tract 1831); and
2. Council approve the sewer easement agreement with San Luis Obispo County and
the City of Atascadero for sewer purposes; and
3. Council accept the public dedications and easements. [Community& Economic
Development]
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
(#A-5 Ordinance No. 375, #A-6 Ordinance No. 376,
#A-7 Ordinance No. 377)
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B. PUBLIC HEARINGS:
1. Confirming the Cost of Vegetative Growth and/or Refuse Abatement
■ Fiscal Impact: No direct fiscal impact
■ Staff recommendation: Council adopt the draft Resolution, confirming the cost of
vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire]
Fire Chief Mike McCain gave the staff report and answered questions of Council.
PUBLIC COMMENT
Rick Mathews, 6950 Navarette,Native Tree Association, asked if the City could include with the
City notification about weed abatement to the public, a brochure concerning seedling protection.
Mayor Johnson asked staff to look into this matter.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to adopt the draft Resolution, confirming the cost of
vegetative growth (weeds) and/or refuse (rubbish) abatement.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-034)
C. MANAGEMENT REPORTS:
1. Proposition 35 —Fair Competition and Taxpayer Savings Initiative
■ Fiscal Impact: None
■ Staff recommendation: Council adopt the draft Resolution in support of Proposition
35. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
There was no Public Comment.
MOTION: By Council Member Scalise and seconded by Council Member Clay to
adopt the draft Resolution in support of Proposition 35.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-035)
2. Youth/Communily Center Funding
■ Fiscal Impact: Varies significantly depending on the program level selected by the
Council,please refer to the staff report.
■ Staff, recommendations:
1. Council direct staff to prepare a Request for Proposal from Architects to design
and prepare construction drawings for a Category 92 style Youth/ Community
Center that will allow for phasing of portions of the proposed building.
2. Council direct staff to secure the services of a Youth/Community Center Project
Manager to oversee and coordinate the design and construction of the proposed
facility.
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3. Council direct staff to prepare a financing plan based on the Capital Funding
Option #1 of the Youth/Community Center funding options.
4. Council direct staff to initiate plans to provide Level 41 programming at the
Youth/ Community Center and to begin investigating potential public/private
partnerships for the future maintenance and operation of the Youth/ Community
Center. [Community Services]
Community Services Manager Geoff English gave the staff report, including a PowerPoint
presentation, and answered questions of Council.
There was lengthy Council discussion concerning the different options presented.
PUBLIC COMMENT
Ann Ketcherside, Atascadero, stated she supports the construction of a Youth Center. She also
stated that she knows people who are willing to give money and time to a Youth Center.
George Dodge, Atascadero Community Link member, urged the Council to approve the
construction of a Youth Center. He reminded the Council that the Community Survey listed a
Youth Center as the second most important issue to the community. He also stated he supports
the metal building concept and also encouraged the Council to support the partnership option.
Rick Mathews, 6950 Navarette, Parks and Recreation Commissioner and ARCC member, urged
the Council to approve the construction of the Youth Center. He asked the City to make sure
they include the skate park in the plans for this Center.
Eric Greening, 6600 Lewis Ave., stated he agrees with Mr. Mathews. He asked the Council to
include the Youth in this process by encouraging the youth to have input in the planning of this
proj ect.
Barbie Butz, 3370 San Fernando Road, thanked the Council for considering this Youth Center.
She stated she has toured other Youth Centers in other cities and said there are many options for
features in the Center.
Mike Ryan, 5th District Supervisor, stated he supports the construction of the Youth Center in
Atascadero. He also offered his assistance with this project. Supervisor Ryan encouraged
Atascadero to focus on Youth programs for this facility.
Mayor Johnson closed the Public Comment period.
Council Member Clay made a motion to direct staff to prepare a Request for Proposal from
Architects to design and prepare construction drawings for a Youth/ Community Center that will
allow for phasing of portions of the proposed building. The motion failed due to a lack of a
second.
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MOTION: By Council Member Scalise and seconded by Council Member Clay to
direct staff to prepare a Request for Proposal from Architects to
design and prepare construction drawings for a Category#2 style
Youth/Community Center that will allow for phasing of portions for
the proposed building including a kitchen concept, secure the
services of a Youth/Community Center Project Manager to
oversee and coordinate the design and construction of the proposed
facility, prepare a financing plan based on the Capital Funding
Option#1 of the Youth/Community Center funding options, and
initiate plans to provide Level#1 programming and Level#1 funding
with County funding at the Youth/Community Center and to begin
investigating potential public/private partnerships for the future
maintenance and operation of the Youth/Community Center.
Motion passed 5:0 by a roll-call vote.
3. Information Bulletin
a. 2000 State Improvement Program(STIP)
Council Member Luna expressed some concern for a bridge at Curbaril and 3F Meadows for
emergencies.
PUBLIC COMMENT
Howard Marohn, 9265 Barranca Heights, requested the Council consider in Category 2, #6 "A
creek crossing at HWY 41 and Carmelita. He explained that this creek crossing would provide
enhanced emergency vehicle access for the approximately 100 to 150 residents in the highest fire
danger area of the City which now has only one way out. He urged the Council to include 3F
Meadows in this STIP program.
Mayor Johnson stated this information will be coming back to the Council. He asked if the
Council could look at the criteria of the STIP and the timing as part of the package. It may not
meet the criteria and/or timing. Council Member Luna asked if there was a motion needed.
Mayor Johnson stated this is an informational item and Council can give direction to staff.
Mayor Johnson stated when the Carmelita/3F Meadows issue comes back, he's sure there will be
a choice of what makes most sense and what will solve the problem
Ann Ketcherside, Atascadero, stated she agrees with Mr. Marohn.
b. Employee Update
D. CITY ATTORNEY REPORTS:
1. Contract with Charter Cable—Proposed Amendments
■ Fiscal Impact: None
■ City Attorney recommendation: Council authorize the Mayor and the City Manager
to execute a contract amendment with Charter Cable relieving them of any obligation
to place aboveground cable in specified areas (3F Meadows) and further amending
the contract to provide an additional extension of five years in exchange for replacing
coaxial cable with fiberoptic cable. [City Attorney]
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Council Member Luna announced that he would be stepping down on this item as he lives on
San Marcos Road.
City Attorney Roy Hanley gave the staff report and answered questions of Council.
Gretchen Gray, 10420 San Marcos Road, stated that the neighbors and Mr. Merrill of Charter
Communications agree with the following amendments to the agreement:
1) Charter Cable to be required to install cable in specified areas; and
2) Charter Cable not be required to bury cable there: and
3) Charter Cable be prohibited to re-installing cable above ground in the specified areas.
Ed Merrill, Charter Communications, stated he agrees with the agreement and the amendments
stated by Ms. Gray.
Mayor Pro Tem Arrambide stated he is concerned that all of the property owners in 3F Meadows
have not been properly noticed about this potential action. Ms. Gray stated that they received 90
signatures of approval. City Attorney Roy Hanley commented that they followed all required
notification procedures.
Council Member Clay stated he shares Mayor Pro Tem Arrambide's concern.
PUBLIC COMMENT
David Bentz, 10275 San Marcos Road, stated he did sign the petition and he did attend the
meeting at the library. He explained that he feels there are many residents in this area that would
like the cable service as long as it was installed underground.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Mayor Johnson to
authorize the Mayor and the City Manager to execute a contract
amendment with Charter Cable relieving them of any obligation to
place aboveground cable in specified areas (3F Meadows), including
the following amendments:
1) Charter Cable to be required to install cable in specified areas; and
2) Charter Cable not be required to bury cable there: and
3) Charter Cable be prohibited to re-installing cable above ground in
the specified areas.
Motion passed 4:0 by a roll-call vote. (Luna abstained)
Council Member Luna stepped back up for the following motion.
City Manager Wade McKinney gave the staff report and answered questions of the Council.
MOTION: By Council Member Clay and seconded by Council Member Scalise to
approve amending the current contract with Charter
Communications to provide an additional extension of five years in
exchange for replacing coaxial cable with fiber-optic cable.
Motion passed 5:0 by a roll-call vote.
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2. Legal Environment for Newsrack Regulation
■ Fiscal Impact: None
■ City Attorney recommendation: Council give City Attorney direction on whether or
not to draft any changes to the existing Ordinance in Atascadero. [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated he would like to see any newspapers, free or otherwise,
required to be placed in wind-proof racks.
There was Council consensus to have staff continue pursuing voluntary compliance.
E. COMMITTEE REPORTS:
Water Committees
Council Member Clay reported that they spoke about the problems with earthquake retrofitting
on the Salinas Dam. He stated that Ken Weathers did a report on MTBE.
Air Pollution Control District
Mayor Pro Tem Arrambide announced that they discussed rate increases for APCD services and
passed a regulation for coffee roasters.
County Mayor's Round Table
Mayor Johnson reported that they discussed 402.
Economic Opportunity Commission
Council Member Scalise commented that they spoke about ECHO and plans for the future.
North County Homeless Coalition
Council Member Luna stated that they feel like quite a few people want to do the right thing with
the daycare and the homeless shelter,but we need to have some action.
F. INDIVIDUAL DETERMINATION AND/OR ACTION: None
G. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 10:00 p.m. to the next Regular Session scheduled on
September 12, 2000 at 7:00 p.m.
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MEETING RECORDED BY AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Oerk
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Melanie Whaley, Deputy City Clerk
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