HomeMy WebLinkAboutMinutes 042401 Approved May 8,2001
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, APRIL 24, 2001
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone, Acting
Community and Economic Development Director Warren Frace, Public
Works Director Steve Kahn, Police Lieutenant John Couch, Finance
Technician Lori Brickey, Assistant Planner Phil Dunsmore and Assistant
City Attorney David Flieshman.
APPROVAL OF AGENDA:
Mayor Arrambide announced that staff has requested Item#A-11 under the Consent Calendar be
pulled from this agenda. He also announced that staff had requested Item #13-1 and Item #13-2
under Public Hearings be interchanged. Additionally, Mayor Arrambide proposed moving the
Consent Calendar to the portion of the meeting after the Public Hearings.
MOTION: By Mayor Pro-Tem Scalise and seconded by Council Member Clay to
amend the agenda as recommended by Mayor Arrambide.
Motion passed 5:0 by a roll-call vote.
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PRESENTATIONS:
1. Proclamation declaring April 29-May 5, 2001, "Municipal Clerks Week."
City Clerk Marcia McClure Torgerson accepted the proclamation.
COMMUNITY FORUM:
Raymond Jansen, 6655 Country Club Drive, suggested a non-profit principle for affordable
housing. He would like to see a non-profit public housing authority, which would manage 50 or
more units, to be made available rent-free for five years to couples, or families who aspire to
purchase their own home. Mr. Jansen explained the details of his proposal.
Ann Ketcherside, expressed her concern for the process followed at the Parks and Recreation
Commission meeting last week. She also stated that she wants the City to build a Youth Center.
Richard Hill, stated he is opposed to the City ordinance that limits the number of animals a
citizen can house.
Baxter Boyington, San Luis Obispo County Visitors and Conference Bureau and Film
Commission, presented the Council a framed copy of the County's Tourism Brand Image. It is
hoped that this image will help the County compete with other tourism areas to the north and
south.
Eric Greening, 6600 Lewis Ave., updated the Council on the Salinas Dam issue. The San Luis
Obispo City Council is moving forward with studies of the steelhead habitat and population in
the Salinas River between the dam and Highway 58. However, they seem to be returning a fair
amount of the money they had committed to studies to the General Fund and deferring a lot of
the work that had been scheduled including developing the detailed mitigation plan. He
submitted for the record his prepared statement from the San Luis Obispo City Council meeting.
(Attachment#A)
Dr. Bonnie Lyon, 3273 Arena, asked the Council to consider her request for a Conditional Use
Permit to conduct her business, Success Solutions, in the downtown.
Dr. Ellen Yankauskas, 7623 Morro Road, stated that she supports Ms. Lyon's request and
indicated that she is also looking for similar space in the downtown.
Dave Goldsten, 4355 Cayucos Ave., stated that he is a property owner in the downtown and was
not aware of the new City booklet for the downtown. He feels there should have been some sort
of public disclosure of the provisions established in July 2000.
Bill Bright, 11875 Santa Lucia, stated that the present zoning ordinance for downtown was
developed over a period of eight or nine months by 20 or more people holding meetings every
other week, as well as three or four public meetings advertised in the newspaper. He encouraged
the Council to be very conservative with any changes they might make in this ordinance.
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Linda Hall, spoke to the Council concerning Maxine and Richard Hill. She explained that she
was convicted in SLO County for owning 2 house cats. She stated that she feels the City should
separate the abatement of the property from the animal issue.
Terrill Graham, 6205 Conejo Road, stated that the lawyer representing the Hill's used to be a
partner with the City Attorney. He said he feels this is a conflict of interest and should be
brought to the public's attention. Additionally, Mr. Graham expressed concern regarding
expansion of services by the Atascadero Mutual Water District.
Ann Ketcherside, expressed concern regarding the Redevelopment Agency and the way in which
she perceived the City Council organized it.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay announced a bowlathon on May 5, 2001 that is a fundraiser for Big
Brothers, Big Sisters.
Mayor Arrambide stated that at the SLOCOG meetings the Consent Calendar is placed toward
the end of the agenda, which allows the public hearing to happen more quickly. He would like to
see the Council consider this format as a permanent change to future agendas.
B. PUBLIC HEARINGS:
1. Nighttime Curfew—Proposed Ordinance
■ Fiscal Impact: None
■ Staff recommendation: Council introduce, for first reading by title only, the draft
Ordinance amending Chapter 5-6 of the Municipal Code pertaining to nighttime
curfew of minors. [Police]
Police Lt. John Couch gave the staff report and answered questions of Council.
PUBLIC COMMENT
Doug Lewis, Atascadero, stated he is opposed to a curfew for children and feels it is an
infringement of their constitutional rights. (Attachment B)
Linda Hall felt that stopping persons simply because of their age is a violation of their rights.
Eric Greening, 6600 Lewis Ave., shared his concern with imposing curfews for anyone,
including children.
Richard Hill stated it is illegal under the Bill of Rights for the City to restrict any group of
people.
Hank Alberts, President of the American Civil Liberties Union (ACLU) of San Luis Obispo
County, expressed his opposition to the implementation of curfews.
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Joe Cerecedes, 8970 Ortega Road, stated he is opposed to a curfew. He explained if he is at a
friend's house late in the evening, and doesn't have a driver's license, he would walk home.
With this curfew, he could be issued a citation.
Ann Ketcherside, expressed her opposition of the City imposing curfews.
Ray Jansen, 6655 Country Club Drive, stated children are the responsibility of their parents and
he feels that if a child is out at an unreasonable hour, the parents should be levied the penalty
rather than the juvenile.
Scott Benedict, said that minors out on the street at 2:00 or 3:00 a.m. are up to no good. He
expressed his support for a nighttime or daytime curfew and feels that the majority of people in
the town would not be affected by it as they generally do what is right.
Hank Alberts, continued his comments in opposition to imposing curfews.
Kim Jeanes, 6280 San Anselmo Road, stated she supports the nighttime curfew as it is for the
safety of the children, however, she would like to see the curfew time a little later in the evening.
Josh Donovan, 6280 San Anselmo Road, said he supports the nighttime curfew. He feels that
there is a point at night when young people just don't need to be out.
Mayor Arrambide closed the Public Comment period.
Council Member Luna asked for clarification on the reason for this amendment to the existing
ordinance.
Police Chief Dennis Hegwood explained that the proposed amendment brings our ordinance up
to the most recent Supreme Court rulings.
Council Member Johnson asked for clarification concerning the public's comment about this
proposed ordinance violating the Constitution.
Assistant City Attorney Flieshman explained that there is a line of case law that grants authority
to cities in carrying out their police power to enact ordinances such as curfew ordinances.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to introduce, for first reading by title only, the draft
Ordinance amending Chapters 5-6 of the Municipal Code pertaining
to nighttime curfew of minors.
Motion passed 5:0 by a roll-call vote.
Mayor Arrambide announced a recess at 8:36 p.m.
Mayor Arrambide called the meeting back to order at 8:47 p.m.
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2. Daytime Curfew—Proposed Ordinance
■ Fiscal Impact: None
■ Staff recommendation: Council introduce, for first reading by title only, the draft
Ordinance adding Chapter 5-6.05 through 5-6.08 of the Atascadero Municipal Code
pertaining to daytime curfew of minors. [Police]
Police Lt. John Couch gave the staff report and answered questions of Council. He also
suggested adding the language as in the nighttime curfew ordinance pertaining to the first
Constitutional Amendment.
Police Chief Hegwood clarified some of the issues raised regarding this ordinance. This
proposal gives back power, locally, to the School Attendance Review Board. It does not require
sending out letters or maintaining a list of violations, instead it cites the offender directly to the
School Attendance Review Board, which is currently made up of local participants. Once before
the Review Board, there is an attendance improvement plan presented to the student and the
parent. If the student fails to comply with this plan then the School Attendance Review Board
immediately has the power to send that citation forward to a traffic commissioner who can then
take stronger actions. This ordinance will not impact most students who regularly attend school,
but is rather a proactive measure to address truancy.
PUBLIC COMMENT
Jim Stecher, Superintendent of Schools for Atascadero, stated the School District supports this
daytime curfew. This proposal will streamline the process and will require parents to get
involved and take responsibility. This proposal will also allow the City to monitor minors from
other cities that are on the streets of Atascadero during school hours. He explained that he sees
this as a truancy prevention program, not a curfew. Mr. Stecher also answered questions of
Council.
Mayor Arrambide summarized the major points of the revised ordinance: 1. No new authority is
given to the Police Department regarding contact; and, 2. The point of the ordinance is to bring
an early resolution to a behavior pattern that is not in the best interest of students and their
education experience.
Tom Comar, 5523 Cascabel Road, stated he is opposed to this proposed ordinance. He explained
that he feels the schools and parents should handle truancy problems.
Ann Ketcherside, said she is opposed to a daytime curfew for children.
Josh Donovan, Atascadero High School Leadership Class, originally came to tonight's meeting
to speak for the Leadership Class who were in opposition to the ordinance, however, after
hearing the explanation of the proposed ordinance he has changed his mind and will speak only
for himself. He feels that most students know when they should be in school and for that reason
this ordinance would not affect them. It would affect those who knowingly are truant from
school and for this reason he does not oppose the ordinance.
Tammy Patchin, School Board Member of the Atascadero Unified School District (AVSD),
spoke as a parent and a citizen of Atascadero. She stated she supports this proposed ordinance.
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George Dodge, Atascadero Community Link, 5901 East Mall, stated he supports a daytime
curfew. He feels young people need boundaries to guide them in making wise choices.
Diana Bistane, 8360 San Clemente, expressed her support of this truancy ordinance. She feels
this proposal will help all aspects of the community to work together to get kids the help they
need.
Travis Miller, 4050 Del Rio Road, explained to the Council an encounter he recently had with a
police officer who stopped him while he was walking home from school. He feels this ordinance
would lead to more student problems than it would solve.
Christine Golvay, 8600 Santa Lucia, stated that she feels this is a band-aid on a bigger problem.
She explained that in her opinion, the City and School District must establish programs that will
solve this problem.
Eric Greening, 6600 Lewis Ave., expressed his opposition of this proposed ordinance. He feels
the community must give young people an accepting message rather than a negative one.
Joseph Cerecedes, 8970 Ortega Road, stated he is opposed to a daytime curfew. He gets out of
school early several days a week, and would not like to be stopped by a law enforcement officer
on his way home.
Angel Wilson, Atascadero, said he is strongly opposed to a daytime curfew. He feels it is not
right to put fear into kids to force them to do the right thing.
Eliott Chinn, 3175 Colima, stated a daytime curfew would not encourage school attendance, but
rather discourage some students from attending.
Rachel Fonzi, 7880 Sinaloa, expressed her opposition of a daytime curfew. She feels students
who are home schooled or attend schools other than Atascadero High School, should be allowed
to walk the streets freely when not attending school.
Cory Olivera, 8160 Marchant, stated he was habitually truant when he was in high school. He
said that he doesn't think a daytime curfew will solve the problem.
Lana Adams, said she was very impressed with the youth who have spoken on this issue. She
encouraged them to attend the Youth Task Force meetings and participate in the process. She
stated she supports the proposed ordinance.
Rick Matthews, 6950 Navarette Avenue, stated he is skeptical with any ordinance that can result
in an abuse of power. But, he feels the professional behavior of the City employees who would
be involved with this process, will make this a positive supplement to the schools. He feels
young people need support from family, neighbors, and a caring school climate.
Hank Alberts, ACLU, discussed what he felt was the disturbing trend of the last few years of
getting tough on crime, particularly juvenile crime. He feels young people need help and
counseling, and should not be subject to the same consequences for their behavior as adults.
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Roberta Fonzi, 7880 Sinaloa, stated she came to the meeting tonight to speak against the
proposed ordinance, however after listening to the presentation she can see some positive aspects
and asked for clarification on the consequences for students who are in violation of the curfew.
Joe Cerecedes, 8970 Ortega Road said that teenagers need to go through a rebellious stage to
achieve maturity. He explained that this daytime ordinance restricts that process. He also
suggested that students should participate in the solution of this problem.
Linda Hall, expressed her opposition to the proposed ordinance and congratulated the young
people who spoke to the Council tonight.
Eric Greening, 6600 Lewis Ave., stated that average daily attendance is one of the determining
factors for school funding, however, he feels that forcing young people to make money for their
school districts violates the 14th Amendment.
Angel Wilson, stated that he would be willing to work with authorities to help solve the truancy
problem, and he feels other students would also.
Elliot Chinn, asked if this curfew doesn't reduce the truancy rate, what other course of action can
be taken.
Joe Cerecedes, stated that even if a police officer just questions a student not in school, it can be
embarrassing. He urged the Council to deny the ordinance.
Joan O'Keefe, 9985 Old Morro Road East, urged the Council, in a prepared statement read into
the record by City Clerk Marcia McClure Torgerson, to postpone their decision on this issue
until more data is forthcoming and public meetings are held. (Attachment#C)
Mayor Arrambide closed the Public Comment period.
Mayor Arrambide stated that he was hearing some themes throughout tonight's meeting that
were unsettling to him; issues such as students not attending school for a variety of reasons such
as the round peg in a square hole, suicide, etc. He agrees with many of the students that there are
some deep underlying issues and the truancy issue is just the tip of the iceberg. He feels that
even if the Council's action is appropriate, it would be much more sound if it were part of a
fabric of community involvement and interrelationship with the school.
Council Member Luna, in response to a question from the public, stated that the difference
between the daytime and nighttime ordinance was that the daytime ordinance was an infraction
and not a misdemeanor, and the stipulation was that minors shall be dealt with in accordance
with juvenile court law and procedures.
Council Member Johnson stated that the process troubles him. Truancy is a major issue that
needs to be reviewed by the School Board; the City Council is not in charge of truancy. He
appreciates the School District's support, and feels the curfew may be a valuable tool, but feels
they may be going at this issue backwards. He feels valid points have been made on both sides
of the argument.
Council Member Clay complimented the students who addressed the Council. Though he
supports the School District and the Police Department, he feels there is something wrong with
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this approach. Council Member Clay reminded those present that the City is working very hard
to get a youth center. He feels students have a better chance of being successful if they are part
of something. If the ordinance passes tonight he would like to see it brought back in six or nine
months with facts and figures to see if it is doing any good, and if not, another approach can be
tried. However, he feels at this time he can't support this ordinance.
Mayor Pro Tem Scalise stated that nothing is more important to her as a member of the Council
than the youth of the community. She is a strong proponent of early intervention and parent
involvement from the start. She feels that there are good programs in place but it is important to
match the student who is having problems to the appropriate program as quickly as possible.
She agrees with Council Member Johnson that she would have a higher comfort level with this
ordinance if they had utilized the committees and the community better. The statistics show that
Atascadero does have a problem with truancy, and she sees this proposed ordinance as one more
external asset that will enhance the community's ability to serve these students and to meet their
needs.
Council Member Luna thanked all of the speakers, and stated that he agrees with those who
oppose the ordinance. He feels that before one can expect respect from others one must be able
to give it, and this ordinance sends the message that we are disrespectful of youth in general as
there is no differentiation between those that are guilty of truancy and those who are not. He
stated that one of the problems with the ordinance is that it makes the minor under the age of 18
the guilty party when the problem may be with the parents or the schools.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to refer to this issue to the City/Schools Committee in a package of the
whole subject of truancy.
Motion passed 5:0 by a roll-call vote.
Mayor Arrambide announced a recess at 10:45 p.m.
Mayor Arrambide called the meeting back to order at 10:55 p.m.
3. Resolution of Intention - for an Amendment to the Contract between the City of
Atascadero and the Board of Administration of the California Public Employees'
Retirement System (CalPERS)
■ Fiscal Impact: None
■ Staff recommendation: Council:
1. Adopt the draft Resolution, a Resolution of Intention to Amend the contract
between the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees'Retirement System.
2. Introduce the draft Ordinance, on first reading by title only, authorizing the
Mayor to execute an agreement to the contract between the City Council of
the City of Atascadero and the Board of Administration of the California
Retirement System. [City Manager]
Assistant City Manager Brady Cherry gave the staff report and answered questions of Council.
PUBLIC COMMENT: None
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MOTION: By Council Member Johnson and Seconded by Council Member Luna
to adopt the draft Resolution, a Resolution of Intention to Amend the
contract between the City Council of the City of Atascadero and the
Board of Administration of the California Public Employees'
Retirement System.
Motion passed 5:0 by a roll-call vote (Resolution No. 2001-013)
MOTION: By Council Member Johnson and seconded by Council Member Luna
to introduce the draft Ordinance, on first reading by title only,
authorizing the Mayor to execute an agreement to the contract
between the City Council of the City of Atascadero and the Board of
Administration of the California Retirement System.
Motion passed 5:0 by a roll-call vote-
A.
oteA. CONSENT CALENDAR: Roll Call
1. City Council Strategic Planning Workshop Minutes—April 6 & 7, 2001
■ City Clerk recommendation: Council approve the City Council Strategic Planning
Workshop minutes of April 6& 7, 2001. [City Clerk]
2. City Council Minutes—April 10, 2001
■ City Clerk recommendation: Council approve the City Council minutes of April 10,
2001. [City Clerk]
3. Accounts Payable and Payroll—January 2001
■ Fiscal Impact: $1,048,437.68
■ Staff recommendation: Council approve accounts payable and payroll for January
2001. [Administrative Services]
4. Accounts Payable and Pam—February 2001
■ Fiscal Impact: $896,377.70
■ Staff recommendation: Council approve accounts payable and payroll for February
2001. [Administrative Services]
5. Accounts Payable and Pall —March 2001
Fiscal Impact: $1,128,098.72
■ Staff recommendation: Council approve accounts-payable and payroll for March
2001. [Administrative Services]
6. Eagle Creek Golf Course—Zone Change 2000-0009 (13000 Atascadero /Gearhart)
■ Fiscal Impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwellings require services that exceed the
revenue generated by the dwelling.
■ Staff recommendation: Council adopt, on second reading by title only, Ordinance
No. 381 approving Zone Change 2000-0009. [Community Development]
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7. Acceptance of Final Parcel Map 2000-0010 / AT 00-253 — (2800 Ardilla Road —
Shores/Wilson Land Surveys)
■
Fiscal Impact: None
■ Staff recommendation: Council:
1. Accept Final Parcel Map 2000-0010/AT 00-253; and
2. Reject, without prejudice, the public utility easement (P.U.E.) shown on
Final Parcel Map 20000-0010. [Community Development]
8. Cardiac Heart Monitor—Authorization to purchase
■
Fiscal Impact: None
■ Staff recommendation: Council authorize the purchase of one cardiac heart monitor
from Zoll Medical Corp. [Fire]
9. Weed Abatement Program
■ Fiscal Impact: None. Costs are recovered through the 100%administrative fee.
■ Staff recommendation: Council adopt the draft Resolution, declaring vegetative
growth and/or refuse a public nuisance, commencing proceedings for the abatement
of said nuisances, and placing all abatement fees on the San Luis Obispo County
Special Tax Assessment for the fiscal year 2001-2002 Tax Roll. [Fire]
10. Council Strategic Planning — Recommended Council Norms and Strategic Action Plans
for 2001-02
■ Fiscallmpact: None
■ Staff recommendation: Council receive and file Recommended Council Norms and
Strategic Action Plans 2001-02. [City Manager]
11. Paloma Creek Park—Food Concessions Agreement
■ Fiscal Impact: The City will receive approximately $1,500 - $2,000 per year as
rental income from this agreement.
■ Staff recommendation: Council authorize the Mayor to enter into a two-year
agreement with Julie Conn for the Food Concessions Operation at Paloma Creek
Park. [Community Services]
Mayor Arrambide announced that Item#A-11 has been pulled from the Consent Calendar.
Council Member Luna pulled Items #A-6 and 4A-7.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve Items 9A-1, 2, 3, 4, 5, 8, 9 and 10. on the Consent
Calendar.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to have the meeting go past 11:00 p.m.
Motion passed 5:0 by a voice vote.
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ITEM#A-6: Council Member Luna stated he pulled#A-6 so that he could vote no.
MOTION: By Council Member Johnson and seconded by Mayor Pro-Tem
Scalise to approve Item#A-6 on the Consent Calendar.
Motion passed 4:1 by a roll-call vote. (Council Member Luna opposed)
ITEM#A-7: Council Member Luna asked for clarification on this issue.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item#A-7 on the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Atascadero Waste Alternatives—Rate Increase
■ Fiscal Impact: Consistent with the Franchise Agreement, the City received a fee of
5%. The total of this franchise fee would increase consistent with the percentage
increases of the fees.
■ Staff recommendation: Council receive information on annual CPI adjustment and
timeline for trial automated service from Atascadero Waste Alternatives. [Public
Works]
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
Council received and filed the information on annual CPI adjustment and timeline for trial
automated service from Atascadero Waste Alternatives.
2. National Fire Protection Association (NFPA) Standards 1710 & 1720 - Proposed
Resolution of opposition
■ Fiscal Impact: None. If proposed guidelines are adopted, they would have an impact
exceeding$1,115,000.00.
■ Staff recommendation: Council adopt draft Resolution opposing proposed NFPA
Standards 1710 & 1720. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT None
MOTION: By Council Member Luna and seconded by Council Member Clay to
adopt the draft Resolution opposing proposed NFPA Standards 1710
& 1720.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-014)
3. Information Bulletin
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E. COMMITTEE REPORTS:
Mayor Arrambide
1. S.L.O. Council of Governments(SLOCOG)/S.L.O.: SLOCOG is considering moving out
of their building and becoming their own landlord.
Council Member Clay
1. Air Pollution Control District (APCD): Attended a meeting regarding smoke and
agricultural/control burns. There are 2 million acres in the county of which 1 million
acres are agricultural. Approximately 11,000 of these agricultural acres are burned each
year.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Johnson stated he has been asked about the City's purchases of vehicles. He
asked staff to clarify the issue. City Manager Wade McKinney explained from 1996 — 2001 the
City purchased 16 vehicles, 4 from Atascadero Ford, 2 from Ted Miles and all others were
purchased out of town. Also, the City has purchased 1 Police car, 2 Community Development
Ford Rangers and 1 wastewater truck from Atascadero Ford.
Mayor Arrambide asked about service at Atascadero Ford. City Manager Wade McKinney
stated that Dial-A-Ride uses Atascadero Ford primarily due to warranty issues. The City has
moved some of the service around, especially the Police Department. There are volunteers who
assist with the Police Department vehicle maintenance. Fire Department employees mostly do
Fire Department vehicle maintenance.
Police Chief Hegwood reported the purchase of a Ford Taurus from Atascadero Ford after sealed
bids were submitted to the Office of City Clerk; sealed bids were received October 31. City
Council approved the purchase November 28. An agreement was entered into with the sales
manager that the vehicle would only be purchased if it were approved by City Council.
Mayor Arrambide requested that Council set a date to meet with the Zoo Board regarding the
Master Plan. The City Clerk will arrange a date and report to Council.
G. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 11:21 p.m. to the next regularly scheduled meeting
on May 8, 2001, at 7:00 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
ATTACHMENTS: Attachment A—Prepared Statement by Eric Greening
Attachment B—Prepared Statement by Doug Lewis
Attachment C—Prepared Statement by Joan O'Keefe
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Attachment: A
Atascadero City Council
April 24, 2001
�hu s L�; ,y�'0 C
Comments of Eric Greening on Item C-3 (Consent), 4/24/'01 :/
I am glad to see steelhead studies moving forward, but the
staff report raises several questions. In the first paragraph under
"Discussion," it says: "The City is currently pursuing three
additional water supply projects to meet the projected needs of the
adopted General Plan." That makes it sound as if all three would
be needed, which would represent a departure from the current
policy that if the Nacimiento Project goes through, the Salinas
Dam enlargement would be dropped. Please clarify.
A similar clarification is needed on page 3 where it says, "If
the reservoir is not expanded [in 10 years] to the full permitted
storage capacity, the City may lose a portion of our total storage
rights." Would the city do this project simply to maintain these
rights, even if the Nacimiento Project went through?
On page 2, there is a list of added studies and a list of
deferred studies. The financial discussion is unclear to me. Is the
funding not used now being reserved for the deferred studies, or is
money not now needed being returned to the general fund, to be
sought again later?
To truly show responsibility for your actions regarding
steelhead, you should be studying the populations in Trout, Santa
Margarita, and Atascadero Creeks, and if populations are present,
you should be ascertaining and committing to provide sufficient
periodic flows for spawning runs to maintain these populations,
ank ideally, to promote their meaningful recovery.
Thank you.
011
Attachment: B
Atascadero City Council
SYSTEM DESIGN April 24, 2001
TELEPHONE 19031 466.2016
"ECHNICAL WRITING
INFORMATION MANAGEMENT
PRODUCT DEVELOPMENT
APPLIED CREATIVITY April 24, 200q
1
Douglas R. Lewis L
POST OFFICE BOX 1017
ATASCADERO. CALIFORNIA 93423
Atascadero City Council Written Testimony
CHAMBERS at Public Hearing
Your Honor;
Members of the Council:
I am Doug Lewis, citizen-at-large.
This five-minute window of access here provides little time
for background color in-fill or anecdotal examples. . .war stories
from the public trenches. I mean no disrespect to you; nor do I
intend to invite disrespect from you, but the necessity here for"
brevity makes meaningful speech more resemble a blunt instrument.
Sadly; I perceive that public in-put has increasingly little
influence on what the Council chooses to Jo. In all honesty: I do
not speak out of any hope that my words will influence you. I say
these words because I would be untrue to my own conscience and my
Country if I remain silent on this matter. When the opportunity
and the right to speak out against any assault on the protections
of that Constitution we say we revere become elusive or inaccess-
ible, the risk of its total loss should be unacceptable.
I have lived in this town for most of my life; having come
here as a young man. . .conscious then of a time now past when the
Powers-That-Be commonly ordained that the Police could stop and
search any juvenile (among other nominal under-classes of humans)
they chose for any reason, at any time, without recourse or re-
quirement for declaration of probable cause, and absolute immun-
ity against complaint for any Officer. The Members of the Council
may never have experienced any regimen of the daily injunction of
such indignities but I have.
It isn' t clear to me what this City is up to, in seeking the
naked suspension of a vital Constitutional right under some full-
bore curfew upon the children of this City. I walk the streets of
this City as much as anyone here, and I am puzzled at the implied
need to raise and legalize any such lasting barrier of resentment
between the children of the City and the law-makers of the City
by empowering the law-enforcement arm of the City to consider any
and every child automatically suspect and on-probation for being
alive and duly defined as a member of that visible under-class. I
for one have no admiration for the fascist model of social force.
I have grave concern on this issue: not out of any idealism,
but out of raw experience. When does the umbrella of the Bill of
Rights -- Constitutional immunity to Police search of any person
without concern for probable cause or due process -- open over a
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Council/Lewis What Bill of Rights? 04-24-01
person if all of childhood is exempt from those guarantees? When
does that right kick-in? Surely; spending the entirety of one' s
youth essentially deprived of Constitutional protections cannot
offer much practical experience or any basis for sincere respect,
if those so-called rights seem only to apply to somebody else,
some privileged citizen-class to which you don't belong.
Surely you know that! I cannot guess whether anything I say
here will deter you from diluting the Constitutional guarantees
those affected youngsters have been studying about in the public
schools. . .but would be denied rights to on the public streets.
You may not recognize or admire the sincerity with which I
recite these memories from a boyhood when the Police could stop
any child at their leisure, interrogate the child indifferently
until they got bored, then command the child to leave -- run --
or risk being arrested for disobeying an Officer. I can still
hear them laughing.
I can tell you that virtually nothing you can say to me here
will erase those demeaning boyhood memories of just such an
unbridled Police presence that was (then) more menace than
assurance, with its mandate of legalized interrogation and search
of any child without concern for probable cause. . .or the very
real perception of intimidation without relief -- Constitutional
restraints notwithstanding.
I regret the resounding similarity of this proposed exercise
in legalizing an under-class of citizen having reduced rights un-
der a Constitution that promises full rights -- set at contrast
to other historied occasions -- and consequences -- of similar
exercises. I would not -- do not -- wish for Atascadero to become
known for introducing a new version of apartheid for the Supreme
Court to have to settle in the glare of World attention.
Please know: I distrust whatever any such empowering ordin-
ances say. Children are too often encouraged -- required -- to
obey but not to know the mysterious ways of the Law. Just revere
the Constitution, . salute the flag, and recite the pledge; but
don' t ask why before the Officer encountered searches you because
the Officer doesn' t have to tell you. The City Council say so! ?
You know my presumption that my fears may fall on deaf ears.
But I would remind you of this Nation' s current realization that
bullying is often an incessant indignity endured without relief
over a childhood of resentment without relief to the point of ex-
plosive rebellion by many school-agers. Don't require Atascadero
Police Officers to become memorable accessories as legally-empow-
ered bullies leaving muddy boot-prints on some child' s -- or any
one's -- Constitutional rights. Some, or all, of you should know
better. The oath of Office each of you took said that you do!
{-Respectfully,
2 Doug as R. Lewid13
Attachment: C
Atascadero City Council
April 24, 2001
Joan O'Keefe
9985 Old Morro Rd E
4-24-01
To the City Council;
I was shocked to hear that a daytime curfew was on the Council Agenda. I read our
newspapers and I am probably more informed than the average person. If the problem is
so bad why wasn't the public told? As presented in the staff report I am opposed to the
ordinance.
I find the report flawed with regard to the statistics. Most of the facts cited in the report
are discreet pieces of information. A few examples.
The report says that the rate of status offense arrests in the U.S. increased 39.2% since
1994. This is a nation wide statistic. It does not tell us what is happening in Atascadero.
Between 9-99 & 6-00 195 local juvenile offenses occurred between the hours of 8:00
& 2:30. You provide no data for prior years to show that the numbers have significantly
increased in proportion to increases in population.
The report says that in March 2001 200 students were cited for truancy. Is this the
average for the year? Is this a significant increase from last year? How does this
compare with other schools in the county?
How many of these incidents included repeat offenders? Offenders, not incidents
should be part of the report.
A City Council meeting does not allow for interactive dialogue and problem solving by
the public. I would urge you to hold some public meetings. This should have been done
before this was brought to the Council in the form of an ordinance. Provide an in depth
written report, made available to the public prior to the meeting and than let citizens
dialogue with the professionals who have made this recommendation. Before adopting
such a draconian ordinance we should make every effort to see if there are not alternative
solutions.
This approach does not.sound like community policing. It doesn't sound like regular
policing. It sounds like a military policing where you have to produce documentation to
prove you have a right to be on the street.
I urge the Council to postpone a decision and to request more data to justify the need and
to hold some public meetings.
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