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HomeMy WebLinkAboutMinutes 032602 Approved April 09,2002 e gag �e MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, MARCH 26, 2002 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a.) Conference with legal counsel - Pending litigation (Govt. Code Sec.54956.9) Diamond v City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was not reportable action taken. 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, Luna, Johnson Scalise and Mayor Arrambide Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham CC 03/26/02 Page 1 Approved April 09,2002 COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Atascadero State Hospital (ASH) Operations - Mayor Pro Tem Scalise was asked by the Council to discuss with ASH the issues brought up at the Council meeting of February 26, 2002. She has asked ASH to respond at this time. Atascadero State Hospital Executive Director Mel Hunter responded to the comments made at the Council meeting of February 26, 2002 concerning working conditions at the Hospital. He covered the issues of security, staffing, bed capacity, multiple patient behavioral incidents and methods in which patients are committed to ASH and receive treatment. Mr. Hunter answered questions of the Commission. (See Attachment A) PUBLIC COMMENT David Broadwater, Portola Road, stated Mr. Hunter did not address his concerns. He asked the Council to direct an independent investigation into the operations of ASH. Nancy Henry, Psychiatric Technician for 22 years, now retired, concurred with Mr. Broadwater that there is a problem at ASH with overcrowding, understaffing, etc. Bill Oliver, Chief Steward California Association of Psychiatric Technicians, agreed that there are problems at ASH that need to be addressed. J.D. Main, 9340 Maduro Lane, explained some of his experiences while employed at ASH. Mayor Arrambide closed the Public Comment period. Council Member Luna suggested sending this information to Senator O'Connell and Assemblyman Maldonado for review. Council Member Luna made a motion to send this information, under cover of a letter from the Mayor to our legislators, asking that it be forwarded to the Public Safety Committee. Council Member Clay seconded the motion. Council Member Johnson felt this action would be outside of the Council's realm of responsibility and oversight. He stated this information has already gone to the legislators from the people who have come to the Council with it. Council Member Johnson said he feels it is the responsibility of the State to handle this problem; he does not feel he has the knowledge to make a reasonable judgment on it. Mayor Arrambide agreed that there are issues here, but he is not in favor of the motion. He strongly believes there are issues within those raised tonight over CC 03/26/02 Page 3 Approved April 09,2002 which the Council has control, such as affordable housing, and feels the Council has a mandate to work on those issues. Council Member Clay felt Council was not taking a position but rather simply gathering information and passing it along. Council Member Luna agreed with Council Member Clay that the Council is basically forwarding this information and that the public safety issues both inside and outside of the State Hospital are a political question. Mayor Pro Tem Scalise stated that there is a liaison between the City of Atascadero and the State Hospital and if there is something that the Council could do to enhance Mr. Hunter's ability to maintain security, the Council should extend their offering of service in some form, a letter, etc., as this is the object of the liaison relationship. She assured Council that all the information presented this evening has been discussed at length in many advisory committees with State personnel present. Therefore, Council would not be sending up any new information that the State has not already heard. Council Member Clay agreed with Mayor Arrambide on the affordable housing issue. He understands what Mayor Pro Tem Scalise is saying, but feels the information should be passed on without taking a stand on it one way or the other. MOTION: By Council Member Luna and seconded by Council Member Clay to send this information, under cover of a letter from the Mayor to our legislators, asking that it be forwarded to the Public Safety Committee. Motion failed 2:3 by a roll-call vote. (Johnson, Scalise and Arrambide opposed.) Council Member Johnson stated that having voted no, he feels they must still work closely with the State Hospital and keep the lines of communication open. Council Member Clay indicated that the reason he voted yes is that he feels if Council can do something good such as enhancing staffing patterns or draw attention to the vacant positions at ASH, etc., they should. A. CONSENT CALENDAR: 1. City Council Minutes — March 12, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of March 12, 2002. [City Clerk] 2. City Treasurer's Agenda Report - January 2002 ■ City Treasurer recommendation: City Council review and accept the January 2002 Treasurer's Report. [City Treasurer] CC 03/26/02 Page 4 Approved April 09,2002 3. February 2002 Accounts Payable & Payroll ■ Fiscal impact: $924,957.67 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for February 2002. [Administrative Services] 4. Chico Avenue and Traffic Way Storm Drain Projects ■ Fiscal impact: $413,543.82 (in FY 2001-03 Budget) ■ Staff recommendation: Council: 1) Approve Change Order #2 for $16,818.18 with Souza Construction for the Chico Avenue Storm Drain Project 2) Authorize the Director of Administrative Serves to appropriate $18,000 from the Drainage Impact Fee Fund for this project 3) Accept Souza Construction, Inc.'s work as complete. 4) Authorize the City Manager to sign and file the Notice of Completion for both projects. [Public Works] 5. Acceptance of Final Parcel Map 2001-0017 / AT 01-060 - (2000 Ferrocarrill Road - Gearhart) ■ Fiscal impact: None ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2001-0017 (AT 01-060); and, 2. Reject the offers of dedication emergency access, public access, and public utility easements shown on Final Parcel Map 2001-0017. [Public Works] 6. Trench Cut Ordinance ■ Fiscal impact: None ■ Staff recommendation: Council introduce for second reading by title only and adopt the draft Ordinance, amending Chapter 15, encroachment on public property of the Atascadero Municipal Code, relating to trench cuts. [Public Works] 7. Musselman Drive Planned Development - Zone Change 2001-0019 (9385 Musselman Drive) (Shores / R. Thompson Consulting) ■ 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 introduce for second reading by title only the draft Ordinance, enacting Zone Change 2001-0019 amending the Zoning Map district of APN 030-461-054 from RMF-16 (Residential Multi-Family) to RMF-16 / PD 7 (Residential Multi-Family with a PD-7 overlay district). [Community Development] 8. Boat Rental Concessions Agreement - Extension Amendment (Atascadero Lake Park) ■ Fiscal impact: Revenue of $5,000.00 ■ Staff recommendation: Council authorize the City Manager to sign an amendment to the Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves, extending the agreement for an additional two years. [Community Services] 9. Hot El Camino Nite - Road Closure ■ Fiscal impact: $800.00 in Cal Trans fees. ■ Staff recommendation: Council approve the draft Resolution authorizing the closure of EI Camino Real from Rosario to Curbaril on Friday, August 16, 2002 from 6:30 p.m. until 8:30 p.m. [Community Services] Council Member Luna requested that Consent Calendar Items #A-4 and A-7 be pulled. CC 03/26/02 Page 5 Approved April 09,2002 MOTION: By Council Member Johnson and seconded by Council Member Luna to approve Consent Calendar Items #A-1, 2, 3, 5, 6, 8 and 9. Motion passed 5.0 by a roll-call vote. (Item #A-6 Ordinance No. 392, Item #A-9 Resolution No. 2002- 009) Item #A-4: Council Member Luna asked Public Works Director Kahn about the outcome of Maureen Hoover's problem. Director Kahn stated that he had met with Ms. Hoover and decided that the City would fill in the culvert underneath her driveway. The City Public Works maintenance crew will be doing the work. MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Item #A-4. Motion passed 5.0 by a roll-call vote. Item #A-7: Council Member Luna stated that he would be voting no on this item as there was no provision for affordable housing and that it was a conversion from multifamily to single-family residential. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to approve Consent Calendar Item #A-7. Motion passed 4;1 by a roll-call vote. (Luna opposed) (Ordinance No. 393) B. PUBLIC HEARINGS: 1 . Appeal - Variance 2001-0002 (13800 Old Morro Road) (Graves/Wilson Land Surveys) ■ Fiscal impact: None ■ Staff recommendation: Council uphold the Planning Commission decision approving Variance 2001-0002, a request for an exception from the required 25-foot setback requirement in the RS zoning district based on findings and subject to conditions. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Patricia Cullinan, Appellant, explained her concerns with the variance on this project. David Graves, Applicant, answered questions of Council. Eric Greening, 7365 Valle, questioned the fire safety of this project. He also stated that variances should not be routine. CC 03/26/02 Page 6 Approved April 09,2002 Joshua Gwiazda, 13615 Old Morro Road, stated he is not opposed to a house on this site, but he is opposed to building it so close to the road. Joan O'Keefe, 9985 Old Morro Road East, urged the Council to require a tree protection plan on this project. Ann Martin Tognazzini, Falcon Road, expressed her strong objections to this variance and stated that on-street parking would be a hazard on this street. Lydia Beam, 13595 Old Morro Road, expressed her opposition to the variance on this project. Maria Goldman, 14490 San Miguel Road, stated her opposition to the variance and is concerned with the look of fences along Highway 41 , which are used when houses are built this close to the road. Bill Stokes, 13677 Palo Verde Road, stated he is not opposed to Mr. Graves building a house on this property, but is opposed to granting the setback variance on this project. Edward English, Old Morro Road, urged the Council to deny the variance on this project, which he feels, will create a visual and safety blight. Patricia Cullinan clarified that she feels the applicant's house is fine and is only objecting to the safety issues. Additionally she feels the tree report on this project is inadequate. David Graves stated that he believes his project is good and does not present a safety risk. Mayor Arrambide closed the Public Comment period. Council Member Johnson stated that the way the project is currently configured, with the garage flush, does not seem to be a good design. He feels if there were a way to turn around in the yard and drive out of the property, much of the neighbor's safety concern would be addressed. He would like to see the garage re-adjusted to provide the excess space necessary. Council Member Clay indicated that he had looked at the trees on this property and they are unique, old and provide some screening effect to the property from the highway. He would like to see the garage set back, but does not see the safety issue with backing out of the driveway. Mayor Pro Tem Scalise commented that she had a near hit recently on the road in question, and she cannot justify the saving of trees where the safety of individuals is concerned. It is her opinion that the trees need to go and the house set back. Council Member Luna supports keeping the trees and feels it is possible to save the trees and have the 25-foot setback with a respectable building footprint. CC 03/26/02 Page 7 Approved April 09,2002 Mayor Arrambide felt this house has proximity to the right-of-way more severely than is experienced in the downtown commercial areas. He feels that even if a way can be found to get the cars on the property with the house placed as proposed, it creates a visual blight and is out of character for a rural area. MOTION: By Council Member Luna and seconded by Mayor Arrambide to uphold the appeal and deny the variance and tree removal permit and ask for a redesign of the house and site plan. Motion passed 4:1 by a roll-call vote. (Johnson opposed) C. ATTORNEY REPORTS: 1 . Reinstitute Code Section Banning Cargo Containers ■ Fiscal impact: None ■ City Attorney recommendation: Council introduce for first reading by title only, the draft Ordinance adding Section 8-1.103 banning the use of cargo containers and railroad cars for specified purposes within the City of Atascadero. [City Attorney] City Attorney Roy Hanley gave the staff report and answered questions of Council. PUBLIC COMMENT David Graham, City Treasurer, stated that where he lives there are several of these containers used by commercial operations for storing trash. He would like to see these removed and supports this ordinance. Lon Allan, 6815 Santa Lucia, stated he supports this ordinance. Mayor Arrambide closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Johnson for the Council to introduce for first reading by title only, the draft Ordinance adding Section 8-1.103 banning the use of cargo containers and railroad cars for specified purposes within the City of Atascadero. Motion passed 5:0 by a roll-call vote. D. MANAGEMENT REPORTS: 1. Information Bulletin A. Memorandum of Understanding between the City of Atascadero Fire Department and Air Pollution Control District. Fire Chief Kurt Stone spoke on this item and answered questions of Council. CC 03/26/02 Page 8 Approved April 09,2002 E. COMMITTEE REPORTS: Mayor Arrambide 1. County Mayor's Round Table: Meets April 5" and they are working on meeting in Atascadero in conjunction with recognizing Barbie Butz. Council Member Luna 1. Integrated Waste Management Authority (IWMA): Has formed a subcommittee consisting of Council Member Luna, Supervisors Mike Ryan and Harry Ovitt, and David Elliot to meet with Paso Robles regarding joining the IWMA. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Johnson commented that an individual is being brought in to do a briefing on affordable housing with paneled housing, Thursday, Creek Side Center, 3:00 p.m. City Clerk The City Clerk reported that no applications have been received yet for the Planning Commission positions. There was Council consensus to continue advertising for the positions. City Treasurer The City Treasurer reported that the Public Works Director has told him that he will be having his street paved this spring at no cost to himself because he lives on a City maintained street. He will, however, be signing a petition to have an assessment district formed for his street (Santa Ysabel) and he challenged the Council to do the same for their streets. He feels this is important for the financial well being of the City. City Manager The City Manager reported that the City has opened bids for paving Santa Ysabel and they have come in lower than the City Engineer's estimate. Mr. McKinney announced that April 13th will be a free waste day. Mr. McKinney asked for clarification on the motion for Item #13-1 . It is his understanding that the appeal was granted, variance denied and house to be redesigned to fit the site, and try to save the trees. Mayor Arrambide and Mayor Pro Tem Scalise stated that they did not believe there was a comment to try to save the trees. CC 03/26/02 Page 9 Approved April 09,2002 Mayor Pro Tem Scalise wanted it made clear that she did not support a motion that said the applicant has to save those trees. Community Development Director Frace stated that it was his understanding that if the applicant wishes to remove the trees, that the issue is referred back to the Planning Commission to go through the proper tree removal process. Mayor Pro Tem Scalise asked for reconsideration of the motion for Item #B-1 . Mayor Arrambide asked for those in favor of reconsidering the motion so signify by saying aye. AYES: Council Members Clay, Scalise and Mayor Arrambide NOES: Council Member Luna ABSTAIN: Council Member Johnson Motion passed 3:1 by a voice vote. Council Member Johnson, after clarifying that he would be permitted to vote for reconsideration voted aye. MOTION: By Council Member Johnson and seconded by Council Member Clay to grant the appeal thereby denying the variance, and approve a tree removal permit to remove the three native trees subject to mitigation consistent with the Native Tree Ordinance. Mayor Arrambide stated that #3 says, "The Council may deny the variance and the tree removal permit." He questioned whether Council wanted to strike those words as there was no tree removal permit in process. Council Member Johnson asked for clarification on that language. Community Development Director Frace stated that the intent of #2 is to approve the tree removal; the intent of #3 is not to approve the tree removal. Council Member Johnson stated that the motion he was trying to make was to approve the tree removal and deny the variance. MOTION: By Council Member Johnson and seconded by Council Member Clay to grant the appeal thereby denying the variance, and approve a tree removal permit to remove the three native trees subject to mitigation consistent with the Native Tree Ordinance. Motion passed 4:1 by a roll-call vote. (Council Member Luna opposed.) CC 03/26/02 Page 10 Attachment: A Atascadero City Council Meeting March 26, 2002 ATASCADERO CITY COUNCIL MEETING MARCH 26, 2002 RESPONSE TO PUBLIC COMMENT STATEMENTS ON FEBRUARY 26, 2002 The following is the position taken by the Atascadero State Hospital in response to issues raised by an individual during the open forum portion of Atascadero City Council meeting on February 26, 2002. Securi Security is first and foremost among Atascadero State Hospital's tri-fold mission of protection, treatment and evaluation. Security supersedes every action taken and every decision we make. There have been escape attempts and two successful escapes in the past ten years; one escapee was never apprehended-- there should have been none. After each of these events the hospital took immediate action to block the routes of access. The community has a right to demand the highest level of security at ASH. This year alone the hospital will make more than $2 million in security improvements that will include additional high security fencing on the grounds and the addition of new monitoring devices to the roof system. Recently Mel Hunter, Executive Director, met with Assemblyman Abel Maldonado, who this year has introduced legislation (Assembly Bill 1755) to strengthen the penalty regarding escape to a felony by those committed as Sexually Violent Predators (SVP). Currently there are no disincentives for an SVP who attempts an escape. Staffing No unit operates below the minimum-staffing ratio established by a 1981 court order for all State hospitals. Staffing is increased based on a patient acuity rating formula, an assessment conducted every eight hours on each unit to identify illness-related needs to increase the number of nursing staff present. This enhancement is accomplished through a variety of means such as the presence of regular staff scheduled on the unit, the use of Registry personnel, and overtime. A reference has been made to a US Department of Justice Civil.Rights Division investigation of alleged unconstitutional conditions of patient confinement. This eight-year investigation was closed on March 30, 1990. During the investigation, in 1984, a findings letter was issued advising of deficiencies and outlining minimum measures needed to correct those deficiencies. The closing report in 1990 acknowledged that significant improvements had been made and suggested an increased effort to hire more professional and direct nursing care personnel. Since that time we have experienced a 20% increase in professional and direct nursing care positions. Atascadero State Hospital currently employs Atascadero State Hospital Atascadero City County Meeting Page 2 March 26, 2002 over 2,000 employees for just over 1,000 patients. Over$100 million of our$130 million annual budget is for staff wages and benefits. Atascadero State Hospital actively continues the effort to fill all of our budgeted nursing positions. The hospital has tripled the size of the Psychiatric Technician (PT) training program through Cuesta College as a tool for recruitment, and recently graduated three of the largest PT classes in the history of the program. Bed Capacity The hospital is below the licensed bed capacity, and in fact has four units that are completely vacant. During September and October 2001, a limited number of units exceeded the assigned bed capacity as we prepared to move patients into newly constructed units. However, an advance approval was received for a temporary-licensing waiver from the Department of Health Services. Multiple Patient Behavioral Incidents Although behavior involving multiple patients who threaten staff and refuse to follow direction is uncommon, it remains a significant concern. At the February 26 Council meeting, reference was made to an event occurring at the hospital in October 2001 on unit 23. This involved patients who were awakened by and became irate at a peer on the unit. A concerted effort by staff was required to restore order to the unit. As with all unusual events, it was well documented and widely discussed by the Administration and hospital staff. There was no furtive action on the part of the patients, and no physical violence, property damage, or injury to staff or patients. Still, such behavior cannot be tolerated. Measures for control currently include the use of seclusion and restraint, rapid response by hospital police, the use of administrative isolation by police, the use of video equipment, and criminal prosecution when appropriate. The hospital continues to look for opportunities to improve our effectiveness in dealing with these situations. Method in which Patients are committed to ASH and receive treatment. Atascadero State Hospital is legislatively mandated to treat patients committed for treatment under California's SVP law. There are four additional legal categories under which individuals are committed for treatment by the courts and the California Department of Corrections; they are: • Incompetent to Stand Trial • Not Guilty by Reason of Insanity • Mentally III Prisoners • Mentally III Offenders Paroled to ASH Atascadero State Hospital Atascadero City County Meeting Page 3 March 26, 2002 By providing professional care for the most stigmatized and deviant members of society, the Atascadero State Hospital staff provides an extremely important public service. Working with the criminally insane and habitual sex offenders is at times difficult and emotionally taxing. The staff is to be commended for their stalwart daily efforts—extraordinary efforts that often go unappreciated by those in the community. In conclusion, the hospital has a steadfast commitment to safety and security. This commitment is apparent in daily activities, the development of policies, and in response to evolving needs. It is accepted as fundamental to custody, the delivery of treatment to patients, and in the protection of staff and the community at large where we live together and raise our families. The community is invited to attend Atascadero State Hospital's Quarterly Community Meeting/Open House to receive information regarding the hospital and security, as well as to share concerns. The next open house will be held Wednesday, April 3, 2002, at 7:30 p.m., in the hospital's Large Conference Room.