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HomeMy WebLinkAboutMinutes 091200 Approved October 10,2000 =. .. IM MINUTES firs a f e ATASCADERO CITY COUNCIL MEETING TUESDAY, SEPTEMBER 12, 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) Performance Review: City Manager(Govt. Code § 54957.6) 3) Conference with legal counsel—Pending litigation (Govt. Code Sec. 54956.9(a)) Name of case: Graham v. City of Atascadero 4) Conference with legal counsel - Anticipated litigation(G.C. Sec. 54956.9(b)) Re: 9930 Carmelita—Potential initiation of litigation City of Atascadero v Reichek—one case City Attorney Roy Hanley announced the Council gave him authorization to proceed with litigation. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:07 p.m. and Cub Scout Pack 155 led the Pledge of Allegiance with the presentation of a Color Guard. 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, Acting Battalion Chief Kurt Stone, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, 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. Proclamation declaring September 18-24, 2000, "National Pollution Prevention Week." Jeff Poole, Manager of Hazardous Section of SLO Environmental Health, accepted the Proclamation and explained their services to the community. 2. Police Chief Hegwood will introduce new members of the Police Department: Sergeant Steven Schnars and Chaplain Thomas Mueller. Chief Hegwood introduced the new members of the Police Department. COMMUNITY FORUM: Ann Ketcherside, resident of Atascadero, asked if the $500,000 that the State granted to Atascadero can be transferred to another piece of property. Also, she asked for the City to sign a release form to allow her to obtain information about the potential site for the future Youth Center. Ms. Ketcherside also asked the Council to make sure that the City Attorney provides her with a list of names of individuals who have been cited with nuisance problems. Eric Greening, 6600 Lewis Ave., gave the Council an update on the Salinas Dam issue including the draft decision and possible mitigation measures. CC 09/12/00 Page 2 Charlotte Byrne, 4064 Tranquilla Ave, expressed her concern with the expansion of Atascadero Ford because of the increased lighting. She is concerned that these lights will affect residents' view of the night sky. Mayor Johnson told her to give her name and address to Community and Economic Development Director Paul Saldana and he will contact her. Also, she expressed that El Camino Real, between San Anselmo and the Police Department, does not provide a nice corridor for Atascadero. Terrill Graham, 6205 Conejo Road, spoke to the Council concerning the allocation of funds from the local cable company to broadcast public forums. He encouraged the Council to have their meetings televised. Bob Kirk, Templeton, read a prepared statement into the record concerning the inappropriate practice of the Child Protective Services office in San Luis Obispo; the placement of children in the homes of registered sex offenders. Mayor Johnson closed the Public Comment period. COUNCIL ANNOUNCEMENT AND REPORTS: Council Member Clay explained the potential site for the Youth Center is adequate and only a sewage pump is located near there. He also announced that he attended the League of California Cities' Annual Conference in Anaheim and was especially impressed with the Youth Forum. He expressed that he would like to see something started like that in Atascadero. Council Member Luna stated, concerning the $500,000, it is his understanding that the money is not tied to the current site. Also, he asked if Ms. Ketcherside is receiving the information she requested. City Attorney Roy Hanley said the items have been ready for the past couple weeks and just requires a small records fee. Council Member Luna stated that the light ordinance is in the Municipal Code that can be viewed on the City's website. He requested that the Lake water quality improvements and Proposition 13 funds be discussed on a future agenda. Also, Council Member Luna asked staff to place on a future agenda, an ordinance similar to the one passed by the County which restricted the amount of square footage for non-taxable sales. He stated that other cities in the County have also passed a similar ordinance. Council Member Scalise stated she agrees with Council Member Luna and asked staff to make a thorough study on the issue of restriction of sales. She also complemented Public Works Director Steve Kahn on the Monterey Road overlay. 1. Atascadero State Hospital—update and action, including staff direction, regarding the release of patients Police Chief Dennis Hegwood introduced Mr. DeMorales of Atascadero State Hospital (ASH). John DeMorales, acting Executive Director of ASH, explained the details of the recent release of the registered sex offender to the Atascadero community. He explained that the Los Angeles Superior Court Judge ordered the release of the sex offender. He said the State Hospital tried to find a different solution to no avail, as the sex offender had already completed his parole. Mr. DeMorales commented that the patient was involved with a lady who lives in Atascadero, so even if he had been released in Los Angeles, more than likely he would have moved here CC 09/12/00 Page 3 anyway. He suggested the Council appoint a Council Member to serve on the ASH Advisory Board to help Atascadero keep informed in Hospital issues. He also suggested the City and the Hospital jointly hold quarterly community meetings to keep the community informed. Mr. DeMorales also urged the Council to work with the ASH to create legislation to protect Atascadero residents. He also thanked Chief Hegwood for his participation in helping ASH find a police chief. Police Chief Dennis Hegwood gave the staff report outlining the Megan's Law classifications, the notification assessment, and how to obtain information about sex offenders using the Megan's Law Database. He included the following staff recommendations in his report: 1. Send a letter to our local legislators requesting their support of legislation restriction where sex offenders can locate or increasing the City's ability to deal with sex offenders. 2. Adopt a City legislative position to assist the State Hospital in securing legislation enhancing the penalties for escapes and battery by Hospital patients. 3. Direct City staff to work with Hospital staff to develop informational outreach programs for the community. 4. Appoint a Council Member to be proposed as a candidate for the Hospital Advisory Board. Mayor Johnson asked for an explanation of a typical release. Mr. DeMorales stated that none of the SVPs have successfully completed the program, and thus they have not been released. Were they released,they would be released to the county in which they committed their crime. Council Member Luna asked if this individual's parole had lapsed. Mr. DeMorales responded saying that there are glitches in the system. He said that sometimes they receive individuals from LA County because that county does not have the room or money to keep them. He stated that there are five similar such cases at ASH currently. Council Member Luna asked if there are any legal codes which prohibit personal relationships among employees and patients. Mr. DeMorales responded, yes. He stated that such cases are subject to investigation resulting in termination and possibly prosecution. He asked Police Chief Hegwood for the count of sex offenders in Atascadero. Police Chief Hegwood responded that currently there are no registered high-risk sex offenders in Atascadero, but there are 44 serious sex offenders. Council Member Luna commented that Senator Jack O'Connell is willing to help if needed. Council Member Scalise asked how they are able to satisfy their parole while at ASH. Mr. DeMoralses explained that all the sex offenders that they receive at ASH are technically paroled to the Hospital. If they are released to the community prior to the expiration of their parole they may be held to the provisions of the parole. Council Member Clay suggested that prosecution would be a good follow-up after termination to re-enforce that relationships with patients will be taken seriously. Mayor Pro Tem Arrambide stated that he was pleased to see that Atascadero has been offered a position on the Advisory Board. CC 09/12/00 Page 4 PUBLIC COMMENT Bob Kirk, Templeton, questioned Chief Hegwood to clarify categories. He also suggested that boundary limitations be placed to exclude sex offenders from living near schools. Chief Hegwood replied that the definitions are listed on the Megan's Law database and they are also on the internet. He stated that crimes against children are first classified as "other"then"serious" etc. April Clauson, Atascadero, asked if churches could be included in the boundary limitation. Mayor Johnson answered, yes, church youth programs would be included. She asked if offenders prior to Megan's Law are required to register. Chief Hegwood responded that offenders are given five working days to register and it is a life-long requirement. She requested that school safety issues be addressed. Mayor Johnson stated that they would refer the request to the Atascadero Unified School District. Zola Lee, 5880 Ardilla, asked if statistics are kept on the number of out-of-area offenders residing in Atascadero. She also asked why there is a time limit on obtaining information about Megan's Laws. She asked how long it takes the ASH to test individuals for programs. Mayor Johnson stated that it would be nice if our local police department could have access to the Megan's Law database to allow extension of current operation hours. Mr. DeMorales responded that the average process of program evaluation takes 8-12 hours. There must be two positive evaluations prior to the district attorney evaluation. Mayor Pro Tem Arrambide asked that if an offender crosses the line regarding the school or park, what type of offense is it. Police Chief Hegwood stated that if the individual on parole has a condition that prohibits him from going on school grounds, it would be a misdemeanor. Mr. DeMorales stressed that they do not have authority over the Board of Prison Terms. Council Member Clay commented that allowing parole to be conducted in the hospital seems wrong. Linda Mallo, south Atascadero, expressed concern about the amount of sex offenders in our community. She explained that she went to the Sheriff's office and viewed the list of sex offenders in Atascadero. She asked how offenders are tracked after they are determined to be missing from their current registered residence. Chief Hegwood stated that they must register every year. He also stated that there is a team that actively pursues contact with the individual. Council Member Clay commented that sex offenders being charged with a misdemeanor for failing to register is not a great enough charge. Eric Greening, 6600 Lewis Ave., asked for clarification on the process of inmates qualifying for the SVP program. He also warned people to not get a false sense of security from requiring offenders to live outside certain boundaries. Fred Frank, 3615 Ardilla, thanked Mr. DeMorales and Chief Hegwood for their informative presentations. He urged the Council to support legislation that would promote stronger protection for the community than to just regulate where a sex offender can live. He also asked CC 09/12/00 Page 5 for a comparison to be made with other cities in the State that do not have institutions within them, in regards to the number of offenders living in the City. Mayor Johnson commented that there is a neighborhood watch program that citizens can be involved in. Mr. DeMorales reported that currently ASH has 320 sex offenders and the number grows by about four per month. He stated that the Colinga facility will be ready for occupation by Spring of 2004. In response to Eric Greening's question about qualification, Mr. DeMorales stated that two felony offenses, a mental disorder, or the capability to commit another offense is required before being placed in the program. Ann Ketcherside, resident of Atascadero, stated that one offense against a child is too many. She urged the Council to work towards stronger legislation. Mayor Johnson closed the Public Comment period. There was a Council Consensus to direct staff to address the issues brought forth and draft some letters to bring back to the Council for approval and action. Mayor Johnson called a recess at 9:10 p.m. Mayor Johnson called the meeting back to order at 9:20 p.m. A. CONSENT CALENDAR: 1. City Council Minutes—August 22, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of August 22, 2000[City Clerk] 2. El Camino Real Widening Project—Bid No. 2000-02 ■ Fiscal Impact: $207,875 ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Souza Construction, Inc. to construct the El Camino Real Widening Project with maximum project expenditures of$207,875, including contingencies and construction engineering and make the necessary appropriations[Public Works Department] 3. El Camino Real Rehabilitation Project ■ Fiscal Impact: $523,700 ■ Staff recommendations: 1. Council authorize the Mayor to execute a work directive change with R. Burke Corporation to extend the limits of the El Camino Real Rehabilitation Project from Curbaril Avenue to the Highway 101 northbound off ramp for Highway 41 at a maximum additional cost of $115,400 and make the necessary appropriations. 2. Council authorize the reprogramming of the $115,400 in Urban State Highway Account funds for the El Camino Real Slurry Seal Project to the El Camino Real Rehabilitation Project. [Public Works Department] 4. Authorization to Purchase Vehicles CC 09/12/00 Page 6 ■ Fiscal Impact: $48,640 from the Police Department Budget. ■ Staff recommendation: City Council authorize purchase of two vehicles from Wondries Fleet Group for the Police Department. [Police Department] MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt the consent calendar. Motion passed 5:0 by a roll-call vote. (#A-2 Contract#2000-022) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Information Bulletin a. Employee Update D. COMMITTEE REPORTS: S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson commented that a combination of the two committees had been proposed, but it was decided that it was not necessary. Water Committees Council Member Clay thanked Eric Greening for keeping everyone up-to-date on water issues. Integrated Waste Management Authority Council Member Luna announced that they will meet tomorrow. He wanted to give the Council a heads-up on their meeting at which they reviewed a draft model Construction and Demolition Recycling ordinance. They decided at that time that the best minimums would be $50,000 for construction, 2,500 square feet for demolition, with a 50%recycling goal, and a 2%deposit. Economic Opportunity Commission Council Member Scalise reported that there is a real resolve and commitment from the EOC Board concerning the homeless in the North County. North County Homeless Coalition Council Member Luna agreed with Council Member Scalise that the homeless issue is a problem that everyone recognizes. It is just a question of getting together and doing something about it. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Johnson asked there has been any press releases concerning election signs. City Clerk Marcia McClure Torgerson responded, yes, and staff has been updated. CC 09/12/00 Page 7 Mayor Johnson commented that they celebrated the victory over Orange County at the League of Cities Conference, which was quite a feat. F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:30p.m. to the next Regular Session scheduled on September 26, 2000 at 7:00 p.m. MEETING RECORDED BY AND MINUTES PREPARED BY: pw&'L k)) 1 Marcia McClure Torgerson, City Cle dkd Melanie Whaley, Deputy City Cler CC 09/12/00 Page 8