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HomeMy WebLinkAboutMinutes 050801 Approved May 22,2001 MINUTES i9is � ie a D�+Oii ATASCADERO CITY COUNCIL MEETING TUESDAY, MAY 8, 2001 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 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. City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:08 p.m. and Council Member Johnson 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 and City Treasurer David Graham Staff Present: City Manager Wade McKinney,Assistant City Manager Brady Cherry, Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone, Administrative Services Director Rachelle Rickard, Community Development Director Lori Parcells,Public Works Director Steve Kahn and City Attorney Roy Hanley. CC 05/08/01 Pagel APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: David Jones, 8220 Larga Ave., expressed, in a prepared statement, his opposition to the increase of population density in Atascadero as a result of any update to the General Plan and submitted a petition signed by his neighbors. (Attachment A) Ann Ketcherside, stated the Vetters asked her to address the Council concerning their code violation issue. She asked the City to return the Vetter's water meter and electric meter for health and safety reasons. Ms. Ketcherside demanded that the harassment the Vetter's have suffered cease immediately. Richard Hill, San Gabriel, told the Council they should have left his family alone. Now, he explained, he has taken up arms "in words" to fight city government. He plans to expose the City and its actions, especially regarding redevelopment, to the citizens of Atascadero. He feels by keeping the citizens informed of the Council's actions, the people's voice will be heard at the ballot box. His first goal is to have the City Manager removed, then he will see that those elected to the City Council will represent the little people who are most effected by issues such as taxation and redevelopment. John McGoff, 9192 Maple St., stated he supports the Mayor's suggestion to move the Consent Calendar to the end of the meeting for the purpose of streamlining the Council meetings. Ann Ketcherside, wanted the Council to know that five of the individuals who have been served with papers similar to the Vetter's have had heart attacks and cancers. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Johnson stated there is a lot of misinformation in town concerning the General Plan Update and Census; he would like to see this rectified. Council Member Clay shared some details from the Bowlathon fundraiser event last weekend. Council Member Luna, using an overhead presentation, asked staff to review the Census numbers for accuracy. (Attachment B) CC 05/08/01 Page 2 A. CONSENT CALENDAR: 1. City Council Minutes—April 24, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of April 24, 2001. [City Clerk] 2. Nighttime Curfew—Proposed Ordinance ■ Fiscal Impact: None ■ Staff recommendation: Council adopt, on second reading by title only, the draft Ordinance amending Chapter 5-6 of the Municipal Code pertaining to nighttime curfew of minors. [Police] 3. Sewer Extension Reimbursement Agreement—El Camino Real—Levitz ■ Fiscal Impact: A maximum of$261.03 in Administration charges may be collected over the 15-year life of the agreement. ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Jerry Levitz. [Public Works] 4. Sewer Extension Reimbursement Agreement—Santa Lucia Avenue— Shannon/Shores ■ Fiscal Impact: A maximum of$453.56 in Administration charges may be collected over the 15-year life of the agreement. ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Richard Shannon and Jimmie Shores. [Public Works] 5, Sewer Extension Reimbursement Agreement— San Jacinto - Gearhart ■ Fiscal Impact: A maximum of$279.65 in Administration charges may be collected over the 15-year life of the agreement. ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Kelly Gearhart. [Public Works] MOTION: By Council Member Luna and seconded by Council Member Clay to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Item #A-2- Ordinance No. 382) (Item #A-3- Contract No. 2001-010) (Item #A-4- Contract No. 2001-011) (Item #A-5- Contract No. 2001-012) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Traffic Way Closure—for construction of subdivision improvements ■ Fiscal Impact: None ■ Staff recommendation: Council authorize the Public Works Director to temporarily close Traffic Way for the construction of public improvements for Tract 2317. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. CC 05/08/01 Page 3 Ron Duncan, contractor for this project, asked the Council to approve a temporary closure of Traffic Way during the construction of the scheduled public improvements. Robert Shannon, owner of property, explained that PG&E will have their plan in place shortly for the underground. At that time he can go in, place lines underground, eliminate the poles, and provide power to the homeowners. Once the poles are removed, it will be possible to work on sewer improvements. PUBLIC COMMENT Richard Shannon, 5070 San Benito Road, stated the previous speakers forgot to mention that if the road closure is not approved, the improvements would take longer. Mayor Arrambide closed the Public Comment period. Council Member Luna stated that he is unwilling to support road closures for 10 days to two weeks for May, June and July. He feels the City Engineer should minimize the closure as much as possible. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to authorize the Public Works Director to temporarily close Traffic Way for the construction of public improvements for Tract 2317, and amending the authorization so that the closure is up to 14 days. Motion passed 3:2 by a roll call vote. (Council Members Johnson and Luna opposed) Council Member Johnson stated the reason for his opposition was the amendment extending the number of days the road would be closed up to 14 days. Council Member Luna stated he voted no for the same reason. 2. Information Bulletin A. Strategic Objectives 2001 - Update D. COMMITTEE REPORTS: Mayor Arrambide S.L.O. Council of Governments (SLOCOG)/S.L.O.: SLOCOG's direction at this time is focused on the potential relocation of their facility. Additionally, they discussed the state-mandated, region-wide study of affordable housing. Mayor Pro Tem Scalise City / Schools Committee: The Committee was briefed by the School District on their reevaluation and assessment of their truancy policies. CC 05/08/01 Page 4 Council Member Johnson Economic Vitality Corporation, Board of Directors (EVC): The annual meeting of the Economic Vitality Corporation will be held on May 18th, at the Embassy Suites. Council Member Clay City / Schools Committee: A discussion was held regarding closing the road in front of the Junior High School. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Attorney Reported on the 91h Circuit Court of Appeal case on adult business ordinances. City Treasurer The California State Treasurer gave an interesting talk at the Treasurer's Conference in Riverside regarding California finances at the present time including: 1. Current status of PG&E and the state energy crisis. 2. The State is using General Fund revenues to buy power for California, if this continues the State will be effectively bankrupt by October. It is hoped that before this occurs, the State will pass bond acts that will allow them to take that money from the General Fund and place it in a special energy fund. 3. There is a proposal to have a three-day sales tax holiday in August. 4. Cities that now have utility taxes are currently receiving windfall money with the utility rates going up. The State is now thinking of passing a windfall profit tax. 5. S13910, will potentially take gas tax money away from cities who are not in compliance with affordable housing ordinances. 6. There is another bill pending which will take vehicle license fee money away from cities who are not in compliance with housing ordinances. F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 8:07 p.m. to the next regularly scheduled meeting on May 22, 2001 at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: M,qAttL � l Marcia McClure Torgerson, City Clerk ATTACHMENTS: Attachment A—Prepared Statement by David B. Jones Attachment B—Housing Census CC 05/08/01 Page 5 Attachment: A Atascadero City Council May 22, 2001 VIOLATING PUBLIC TRUST, HEALTH & SAFETY Increasing Atascadero's population density violates the legal and moral responsibility incumbent upon the city council to provide for the public health and safety. I have come to present a petition signed by forty of my home owning neighbors. The statement we signed was "I do not want the Atascadero city government to make any changes to the general plan which will in any way increase the population density.". Most home owners are aware of all the negative facts that attend increased population density. To assure each council member is aware of these facts and aware of the impact such facts may have on each member's legal responsibility to provide for public health and safety I will not only discuss them but will provide a copy of these remarks and the petition to our City Cleric and ask her to provide a copy of each to each council member. The facts that this council needs to be aware of and which are being ignored by those who are preparing the new general plans are these: a. grime will increase. There is a direct relationship between increased population density and increased crime. The number of crimes increases as do the number of crimes per resident. I refer you to research published by R. Figlio a University of California criminologist. Obviously increased crime negatively impacts both health and safety. b. Sewage will increase. Our current sewage plant is inadequate to the task of taking,care of all the sewage it must treat. Sewage overflows when it rains hard. Very similar problems cost the city of Folsum $700,000 in fines and that cin was exposed to the possibility of those tines totaling ten times that, $7,000,000. With increased population density overflows of sewage will become worse and this city will be at risk of sever fines and disease from such overflows. Increases in sewer system capacity will be required at taxpayers expense. Public health is an obvious issue. c. Water supply for the current population is marginal and increases in water demand cannot be met without significant and expensive increases in capacity. Since the aquifer from %vh ch Atascadero draws it's water runs beneath the sewage treatment plant. Increased sewage o%ertlow could threaten our crater. in many areas increases in water main capacity will be needed at taxpayer's expense. Water quality and availability are obvious public health and sat*-,,, issues. d. Road inainlen ante in this city i5 a 'oke. The roads are a crumbling. The fact that there aro no sidewalks makes walking, on the roads unsafe. The city wastes so much money that road safety improvements through routine road maintenance and construction of sidewalks throughout the city are never even considered. Both of these problems have obvious major public health and safety aspects that the council has failed to address. Population density increases will only worsen this. Increased population density does not provide for the public health and safety. It increases the public health and safety risks. Approving any of the new general .pians now being; proposed puts council members in the position ofknowingly increasing health and safety risks to the public. DAVID B. JONES PETITION AGAINST ZONING WHICH INCREASES POPULATION DENSITY 1 do not want the Atascadero City Government to make any changes to the general plan :which ' v611 in any way increase the population density. Signature � Print Name cam` Street address Da .......... -------- �� a _ -,I zTe- -- --- ------'1-1-------------------------------- ........ 12-140 C-' -1i111�c4 ale _4 e fc� e. �-a .V/A P17744 I L l- ,Q.._ ----- --$a3c �q&,q ,4y� --- ---- ---- - ---------___.1__ ..,*' w•-Vi-i--------- n ' - �Q__- -------'`-` 1-M rJ1 t Jn 4. n S `�� L_ _ �N L`^A1 � 7,1- !'mac c c s« /M __� _.- ---- - ---- ---—---- -'-!-- ---- c �_---------- Lc PETITION AGAINST ZONING WHICH INCREASES POPULATION DENSITY I do not want the Atascadero City Government to make any changes to the general plan which will in any way increase the population density. 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