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HomeMy WebLinkAboutMinutes 052201 Approved June 12,2001 IN ® IN MINUTES 1918 C" 'Di/ ATASCADERO CITY COUNCIL MEETING TUESDAY, MAY 229 2001 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. Mayor Arrambide announced the Council was going into Closed Session. 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. 2) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: Mrs. William Carroll, 5493 Traffic Way City Attorney Roy Hanley announced there was no reportable action taken in Closed Session. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:08 p.m. and Council Member Luna 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, Administrative Services Director Rachelle Rickard, Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone, Community Development Director Lori Parcells, Public Works Director Steve Kahn, and Public Works Technician Valerie Humphrey. CC 05/22/01 Pagel APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring May 20—May 26, 2001, "National Public Works Week." Public Works Director Steve Kahn accepted the Proclamation. COMMUNITY FORUM: Arm Ketcherside, thanked the Council for the letter concerning the Vetters. She asked if the Council has voted to create a road to connect Atascadero with Templeton. Ms. Ketcherside also asked the Council why they are not building a Youth Center at the Lake Park. She expressed her concern for the potential purchase of the Atascadero Hay and Grain building for a Youth Center. John McGoff, 9192 Maple St., encouraged the City to look into all factors involved with placing a Youth Center in the Atascadero Hay and Grain Building. He is concerned that prevailing wage rates may not be used in the construction of the Youth Center. Mr. McGoff expressed his shock over the alleged irregularities with procurement practices in the City of Atascadero and encouraged the Council to look into the issue. Mayor Arrambide referred to the New Times article from which Mr. McGoff was quoting and stated that he had met with the reporter who wrote the article and had shared facts with her that showed the procurement policy was intact and not violated. This information however, was not used in the article. Maxine Hill, 8400 San Gabriel Road, requested the total disclosure of the complaint(s), and the name(s) of the persons making the complaints on her property at 8400 San Gabriel Road. Additionally, she authorized her son, Richard B. Hill, to pick up the papers on Wednesday, May 23, 2001. (Attachment A) Richard Hill, 8400 San Gabriel Road, suggested the Council authorize the video taping and broadcasting of its meetings to the public to keep them informed. Mayor Arrambide, thanked Mr. Hill and stated that he would like the Council to discuss the issues he has raised. John McGoff, 9192 Maple St., stated he wanted to defend Ann Quinn, the reporter for the New Times. He feels the City's attempt to strictly limit its procurement area does not encourage full and open competition. Ann Ketcherside, asked for her money back for all the records she has requested from the City through the years because she feels that under the Brown Act, 54956.6, the "legislative body" may not impose fees to defray its cost in carrying out the provisions of the Act. CC 05/22/01 Page 2 Mayor Arrambide closed Community Forum. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Arrambide announced the City received a plaque from Babe Ruth in appreciation for the Council's support of the Babe Ruth program. Council Member Luna asked for clarification on the questions asked by the public. City Attorney Roy Hanley in addressing the issue of disclosure of confidential complainants stated that the City's policy is to not disclose complainants for fear of retribution, etc. The Freedom of Information Act is a federal rule and does not apply to states or cities. Council Member Luna asked about the issue of payment for paperwork from the City. City Attorney Roy Hanley stated that the Brown Act requires meetings to be open and public, however, it does not apply to the Public Records Act and the City is allowed to recover the actual cost of copying charges. Council Member Johnson, in response to the question regarding a connector road between Templeton and Atascadero, stated that SLOCOG has made reference to a bike path in that area and this may have created some confusion. City Manager Wade McKinney reported on the City's effort to conserve energy. Regarding the Governor's initial request for a 7% energy reduction, steps have been taken such as thermostat reduction, shutting power off at night including computers, lowering the number of lights in park facilities, turning off fountains, etc. The City is currently preparing for the Governor's 20% request by utilizing a variety of options including: changing the work week and schedules, reduction of number of days worked during the week, decreasing the use of the fourth floor to eliminate the elevator, lighting and mechanical equipment conservation, and closing off warmer portions of the building. Council Member Johnson spoke in defense of the City Staff, which he feels is the strongest staff the City has ever had. Council Member Clay reported on an EOC tour of facilities he had attended which included the Prado Day Center and the Homeless Shelter on Orcutt Road. 1. Agenda Review—Council to review agenda layout and Council meeting procedures. The Council may take action to amend the Council agenda format and meeting procedures. City Manager Wade McKinney gave the staff report and answered questions of Council. CC 05/22/01 Page 3 PUBLIC COMMENT Ann Ketcherside, stated her concern with the Council's consideration of limiting public comment at Council meetings. Joan O'Keefe, 9985 Old Morro Road East, stated she would like to see more information in the Committee Reports section of the agenda. She would like to see all public speakers treated the same regarding time limits, and would like agendas to be available to the public sooner so there is time to request staff reports, etc. prior to the meeting. Regarding repetition, Mrs. O'Keefe feels that each person has the right to state their position regardless of the repetitive nature of their comments. On the Committee Reports, she would like to see more information and reports to be more detailed. John McGoff, 9192 Maple St., feels speakers should be given an opportunity to rebut remarks made on their comments after the Public Comment session is closed. He supports a five-minute limit for public speakers and is in favor of moving the Consent Calendar. He feels it is important to continue presentation of staff reports. Richard Hill, 8400 San Gabriel Road, stated the public is not informed about Council meetings and the issues the Council addresses. Mayor Arrambide closed Public Comment. Mayor Arrambide stated that he believes the essence of good government is an involved and informed citizenry. Mayor Pro-Tem Scalise asked about consistency in posting the agenda on the City's website and requests if any for staff reports via email. City Clerk Marcia Torgerson replied that the agenda is generally posted to the website on Wednesday or Thursday and that occasionally there are requests for staff reports via email. Mayor Pro-Tem Scalise addressed Mrs. O'Keefe's question regarding Committee Reports, and stated that some of the committees only meet quarterly so there would be many Council meetings where a report would not be available. She would like to see those committees that meet less frequently highlighted in some way so the public would be informed regarding availability of reports. She feels it would be appropriate to post some information from committee meetings on the City website. Mayor Arrambide asked if it were possible to allow the public to receive agenda packets in a timelier manner. City Clerk Marcia Torgerson stated that the agenda packets go to the Library on the same day they are placed in Council Members mailboxes. Council Member Johnson stated that the object is to make Council meetings more convenient for the public. Regarding time limits on public speakers, he supports keeping it at five minutes. Additionally, Council Member Johnson indicated that the recommendations as presented came from the City Clerks' state meeting, and no Council Member had any input into that meeting. He does not support moving the Closed Session, however he is in favor of moving the Consent Calendar to the end of the meeting. Regarding Committee Reports, especially LAFCO, many times there is no information that affects Atascadero and he prefers to not utilize City Council CC 05/22/01 Page 4 time to report on issues that affect the south county, etc. He does report on issues that directly affect the community of Atascadero and the north county. Council Member Clay is not in favor of anything that would restrict spontaneity in Public Comment and does not support use of speaker cards. He is in favor of the five-minute time limit with a three-minute follow-up afterwards. Regarding closed sessions, he prefers them to be early so that important items can be dealt with before Council Members are tired from a long session. Council Member Clay stated that meeting tapes should be kept for at least five years. He does not feel it is important to move the Consent Calendar. Staff reports are read for the public and he feels it is important that this continue. Mayor Pro-Tem Scalise strongly supports keeping five minutes for public comments, placing the Consent Agenda at the end, and Closed Sessions scheduled before the meeting. Council Member Luna thanked several of the public speakers for reminding the Council that public understanding is key to successful meetings and feels that Council Members must communicate better with the public. He agrees with Mrs. O'Keefe that there should be more information given in the Committee Reports. He feels there is no problem with the Consent Calendar or the lateness of the meetings. Mayor Arrambide stated that he has received criticism regarding the lateness of some Council meetings. On the Consent Calendar issue, he feels it is appropriate for it to be at the end of the meeting. Regarding pulling items from the Consent Calendar for discussion, though he feels it is appropriate for the public to address the Council and request that an item be pulled, he prefers that the power to pull an item rest solely with the Council. He is not in favor of reading prepared statements into the minutes when the author or his representative is not present. On Committee Reports, timing conflicts sometime result in no reports available for one or two Council meetings. He questioned the necessity of the Individual Determination portion of the agenda. On roll call versus voice vote, Mayor Arrambide feels that the record should show who supports or opposes individual issues. If a voice vote were used, he would like to see it recapped for the record. He does not feel it is necessary to reduce public comments from five minutes, however he would like speakers to be considerate of others in the room who may not be able to stay to a late meeting. Council Member Luna indicated that the Council has, by a vote, reduced public speaking time in the past from five to three minutes. The Chairman also has the option to place items pulled from the Consent Calendar by either a Council Member or a member of the public anywhere in the agenda with the consent of the Council. PUBLIC COMMENT John McGoff, requested clarification on whether the public could pull an item from the Consent Calendar. Joan O'Keefe, stated that she does not expect a Committee Report on everything happening in the County, but only information that would affect either the north county or Atascadero. Mayor Arrambide closed Public Comment. CC 05/22/01 Page 5 Mayor Arrambide summarized the issues as follows: 1. The Consent Calendar would not be changed but would allow the discretion of the Chair. 2. Prepared Statements will continue to be read into the record by the City Clerk. There was Council consensus to accept these items. A. CONSENT CALENDAR: 1. City Council Minutes—May 8, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of May 8, 2001. [City Clerk] 2. City Treasurer's Report—March 2001 ■ City Treasurer recommendation: Council approve the City Treasurer's report for the month of March 2001 [City Treasurer] 3. Accounts Payable and Payroll—April 2001 ■ Fiscal Impact: $859,672.61 ■ Staff recommendation: Council approve accounts payable and payroll for April 2001. [Administrative Services] 4. Weed Abatement—Awarding of Contractor Bid ■ Fiscallmpact: None ■ Staff recommendation: Council award the Weed Abatement Contract to Jack R. Bridwell. [Fire] 5. Stand-By Generator—Authorization to Purchase ■ Fiscal Impact: $17,500 of CDBG funds ■ Staff recommendation: Council authorize the emergency purchase of one stand-by generator [Fire] 6. Cuesta Grade Transportation Demand Management Program—Amendment to Agreement ■ Fiscal Impact: None ■ Staff recommendation: Council approve the proposed amendment to the Cuesta Grade Transportation Demand Management Program Cooperative Agreement. [Public Works] 7. Acceptance of Final Parcel Map 2000-0012 (AT 00-287) — 8055 Coromar Ave. — (Gearhart/Wilson Land Surveys) ■ Fiscal Impact: None ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2000-0012 (AT 00-287); and 2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final Parcel Map 2000-0012. [Community Development] CC 05/22/01 Page 6 8. Acceptance of Final Parcel Map 2000-0004 (AT 00-123) — 7900 Santa Ynez — (Peysar / Wilson Land Surveys) ■ Fiscal Impact: None ■ Staff recommendation: Council: L Accept Final Parcel Map 2000-0004(AT 00-123);and 2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final Parcel Map 2000-0004. [Community Development] 9. Purchase of LCD Projector—for City Administration Building Rotunda Room ■ Fiscal Impact: $8,664.00 ■ Staff recommendation: Council authorize the City Manager to purchase an InFocus LB930 projector from Projector People for the City Administration Building Rotunda Room. [City Manager] 10. 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 adopt, on second reading by title only, Ordinance No. 383 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 Public Employees'Retirement System. [City Manager] 11. Parking&Business Improvement Area Assessment ■ Fiscal Impact: The City receives approximately$10,000 in revenue from the Parking &Business Improvement Area Assessment ■ Staff recommendation: Council adopt the draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment and set a public hearing on June 12, 2001. [City Manager] John McGoff requested Items#A-3, 5, 9, & 11 be pulled from the Consent Calendar. Item #A-3: Mr. McGoff asked for clarification of a line item. Item #A-5: Mr. McGoff asked for clarification as to how this purchase was classified an emergency purchase. Item #A-9 — Mr. McGoff asked about the purchase of an LCD projector for the Rotunda Room and its exemption from the City's formal bidding process. Item #A-11 —Mr. McGoff stated he does not feel staff is following the Streets&Highway Code 36533 when preparing the annual report listed in the staff report. MOTION: By Council Member Johnson and seconded by Council Member Clay to approve Consent Calendar Items number#A-1, 2, 4, 6, 7, 8 and 10. Motion passed 5:0 by a roll-call vote MOTION: By Council Member Clay and seconded by Council Member Luna to approve Consent Calendar Item #A-3. Motion passed 5:0 by a roll-call vote CC 05/22/01 Page 7 MOTION: By Council Member Johnson and seconded by Council Member Clay to approve Consent Calendar Item#A-5. Motion passed 5:0 by a roll-call vote. MOTION: By Mayor Pro-Tem Scalise and seconded by Council Member Johnson to approve Consent Calendar Item#A-9. Motion passed 5:0 by a roll-call vote. By consensus of the Council Item #A-11 will be continued to the next meeting of the City Council. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Award of Transit Services Agreement ■ Fiscal Impact: $419,568.00 will be paid with TDA funds. ■ Staff recommendation: Council authorize the City Manager to negotiate a contract with Laidlaw Transit Services to provide transit drivers to the City [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Jan Almquist, Manager of Atascadero Transit(Laidlaw) answered questions of Council MOTION: By Council Member Luna and seconded by Council Member Johnson to authorize the City Manager to negotiate a contract with Laidlaw Transit Services to provide transit drivers to the City. Motion passed 5:0 by a roll-call vote. D. COMMITTEE REPORTS: Mayor Arrambide Water Committees: They met last Friday and are currently forming critical paths for each of the municipalities and authorities in the area and will overlay these paths to determine what resources are available. Mayor Pro Tem Scalise Economic Opportunity Commission (EOC): They met last Thursday and are working on finding a permanent home. They have a project undergoing the architectural review process that should be in front of the San Luis Obispo City Council in late June to create a link with the proposed Albertson's project on Broad Street. CC 05/22/01 Page 8 Council Member Luna Integrated Waste Management Authority (IWMA): The City has negotiated with IWMA for two pickup days, one in September and the other in the Spring. These will be free pickup days with four pickup locations. Atascadero State Hospital: Attended a public meeting that covered topics such as employment at the Hospital, information on the S.V.P. program, etc. There will be another meeting in the future and the public is encouraged to attend. Council Member Johnson Economic Vitality Corporation, Board of Directors (EVC): David Spar announced his resignation; he will be taking a job with the EDC in Fresno. A transition committee has been appointed and Wade McKinney has agreed to serve as the Chairman of the City Manager's Group. There is a recommendation before the Board for an interim director. The California Economic Development Group is coming to the area for a Board meeting in June and they will be meeting with the EVC. Local Agency Formation Commissions (LAFCO): There was a request from a Paso Robles property owner to bring in the sphere of influence, which was turned down without prejudice. This request will be looked at again when all work on the sphere of influence project is complete. The State of California would like LAFCO to be independent, and it has been determined that they will be independent of the County and use their own staff. Council Member Clay City/ Schools Committee: There was a discussion regarding closing the road at the Junior High School, and the City Manager requested a traffic study if this issue is to be pursued. The schools are making positive steps toward resolving the truancy issue. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Arrambide discussed utilizing a"red file" system for information the Council would need to see prior to a meeting. F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 9:35 p.m. to a special meeting on May 29, 2001 at 6:30 p.m., followed by a joint General Plan Study Session with the Planning Commission scheduled for May 29, 2001, at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: .)�� 4 r kL-1 ' 0 �� IEW4 911� Marcia McClure Torgerson, City Clerk ATTACHMENTS: Attachment#A-Request by Maxine C. 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