HomeMy WebLinkAboutMinutes 112602 - 700PM Approved December 10,2002
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CITY OF A TASCA DERO
1918 1 1 9
CITY COUNCIL
MINUTES
TUESDAY, November 26, 2002
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
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, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Planning Services Manager Steve
McHarris, Police Chief Dennis Hegwood, Fire Chief Kurt Stone
and City Attorney Roy Hanley.
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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:
Eric Greening, 7365 Valle Ave, thanked the outgoing Council Members for their
service. Mr. Greening apprised Council of the issues involving proposed changes to
the CCAT route nine bus stops and requested that this item be placed on a future
Council agenda.
Mayor Arrambide dosed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Johnson gave a PowerPoint presentation detailing the top 10
projects completed by the Council during his term of office. He also thanked all
those he worked with throughout his time on the Council.
A. CONSENT CALENDAR:
1 . Ordinance Forbidding Off-Premises Auto Sales Events
■ Fiscal impact: None has been identified.
■ Staff recommendation: Council adopt, on second reading by title only, the draft
Ordinance amending the Atascadero Municipal Code to forbid off-site auto sales
events. [City Attorney]
2. Ordinance to Provide for a Veterans' Preference in Hiring
■ Fiscal impact: None has been identified.
■ Staff recommendation: Council adopt, on second reading by title only, the draft
Ordinance amending Section 2-2.07 of the Atascadero Municipal Code to
provide for a veterans' preference in hiring. [City Attorney]
Mayor Arrambide pulled Item #A-1 for discussion. He asked City Attorney Roy
Hanley to define recreational vehicle. Mr. Hanley stated that in his opinion
recreational vehicles would be the living and camping-type vehicles, i.e. motor
homes, etc. Mayor Arrambide referred to a letter he had received regarding credit
union involvement in these types of events.
MOTION: By Council Member Johnson and seconded by Council Member
Clay to approve Items #A-1 and 2.
Motion passed 5.0 by a roll-call vote.
(#A-1: Ordinance No. 406, #A-2: Ordinance No. 40 7)
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B. ELECTION CERTIFICATION:
1. Reciting the Fact of the General Municipal Election - held on
November 5, 2002
■ City Clerk recommendation: Council adopt draft Resolution, reciting the fact of
the General Municipal Election held on November 5, 2002, declaring the result
and such other matters as provided by law. [City Clerk]
City Clerk Marcia McClure Torgerson gave a brief report explaining the proposed
Resolution.
MOTION: By Council Member Luna and seconded by Council Member Clay
to adopt the draft Resolution, reciting the fact of the General
Municipal Election held on November 5, 2002, declaring the
result and such other matters as provided by law.
Motion passed 5.0 by a roll-call vote.
(Resolution No. 2002-050)
2. Administration of Oaths of Office - Newly-elected Council Members
Tom O'Malley and Becky Pacas, City Clerk Marcia McClure Torgerson,
and City Treasurer Joseph Modica will be sworn in by Deputy City
Clerk, Barbara Patton.
Deputy City Clerk Barbara Patton administered the Oaths of Office.
ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 7:20 p.m. to the Council meeting of the
new City Council to follow at 7:30 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City C rk
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CITY OF A TASCA DERO
CITY COUNCIL
AGENDA
TUESDAY, November 26, 2002
7:30 P.M.
City of Atascadero
6500 Palma Avenue, 4t'' Floor
Atascadero, California
REGULAR SESSION: 7:30 P.M.
ROLL CALL: Mayor Pro Tem Scalise
Council Member Clay
Council Member Luna
Council Member O'Malley
Council Member Pacas
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1 . Recognition of outgoing Council Members Ray Johnson and Mike Arrambide
2. Recognition of outgoing City Treasurer David Graham
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address
the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers
are limited to five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed
by the Council.)
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor — The City Clerk will accept nominations
from the Council Members
2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
3. SLOCOG Representative - The new Mayor will appoint Council representative
for the San Luis Obispo Council of Governments.
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members
may make a brief announcement or a brief report on their own activities. Council Members may ask
a question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be
routine and non-controversial by City staff and will be approved by one motion if no member
of the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the consent calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1 . October Disbursements — October 2002 Accounts Payable & Payroll
■ Fiscal impact: $2,294,603.14.
■ Staff recommendation: City Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2002. [Administrative Services]
B. MANAGEMENT REPORTS:
1. Agreement for Services With the Zoological Society — In Support of
the Charles Paddock Zoo
■ Fiscal impact: Potential $79,000 annual revenue.
■ Staff recommendation: Council authorize the City Manager to execute the
Agreement for Services between the City of Atascadero and the Zoological
Society of San Luis Obispo County in support of the Charles Paddock Zoo.
[Community Services]
2. Atascadero Fire Safe Council Chipping Program
■ Fiscal impact: None. This program is funded through a grant awarded by the
Fire Safe Council
■ Information item only: [Fire]
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C. COMMITTEE REPORTS: (The newly elected Mayor will be assigning committee members to
the following committees:)
Air Pollution Control District (APCD)
Atascadero State Hospital Advisory Board
City / Schools Committee (2)
County Mayor's Round Table
Economic Vitality Corporation, Board of Directors (EVC)
Finance Committee (2)
Integrated Waste Management Authority (IWMA)
Local Agency Formation Commissions (LAFCO)
North County Homeless Coalition
S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA)
Water Committees (2)
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
E. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court,
that person may be limited to raising those issues addressed at the public hearing described in this notice, or in
written correspondence delivered to the City Council at or prior to this public hearing. Correspondence
submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's
office.
I, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of
perjury that the foregoing agenda for the November 26, 2002 Regular Session of the
Atascadero City Council was posted on November 19, 2002 at Atascadero City Hall, 6500
Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer
Service Center at that location.
Signed this 19th day of November, 2002 at Atascadero, California.
&�61
Cheryl DeJ ng, Dept City lerk
City of Atascadero
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Approved December 10,2002
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CITY COUNCIL
MINUTES
TUESDAY, November 26, 2002
7:30 P.M.
REGULAR SESSION: 7:30 P.M.
Mayor Pro Tem Scalise called the meeting to order at 7:30 p.m.
ROLL CALL:
Present: Council Members Clay, Luna, O'Malley, Pacas and Mayor Pro
Tem Scalise
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Joseph
Modica
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Planning Services Manager Steve
McHarris, Police Chief Dennis Hegwood, Fire Chief Kurt Stone
and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member Clay
to approve the agenda.
Motion passed 5.0 by a roll-call vote.
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PRESENTATIONS:
1 . Recognition of outgoing Council Members Ray Johnson and Mike Arrambide
2. Recognition of outgoing City Treasurer David Graham
Mayor Pro Tem Scalise and Council Members expressed their appreciation to
outgoing Council Members Johnson and Arrambide.
Mayor Pro Tem Scalise presented the outgoing officials with an obelisk
commemorating their service to Atascadero.
COMMUNITY FORUM:
Daphne Fashing congratulated the two new Council Members on their election.
She explained to the Council her concern that statements handed in at Council
meetings by the public and listed as attachments in the Minutes, are not available
for review in any location other than the City Clerk's office. She asked that this
policy be reviewed by the new Council. (Exhibit A)
Mayor Pro Tem Scalise closed the Community Forum period.
CITY COUNCIL REORGANIZATION:
1 . Council Appointment of Mayor - The City Clerk will accept nominations
from the Council Members
Mayor Pro Tem Scalise asked the City Clerk to explain the nomination procedure.
City Clerk Marcia McClure Torgerson reviewed the procedure.
PUBLIC COMMENT
Eric Greening, 7365 Valle Avenue, asked the Council to elect Council Member Luna
to the position of Mayor. He also suggested that Council Member Luna be
appointed to the SLOCOG and SLORTA vacancies.
Rick Mathews, 6950 Navarette Avenue, told the Council that Council Member Luna
should be elected to the position of Mayor.
Ellen Beraud, expressed her support for the election of Council Member Luna to the
position of Mayor.
Steve Good, 8830 San Gabriel, asked the Council to vote for Council Member Luna
for the position of Mayor.
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Leon Korba stated his support for Council Member Luna to be elected to the
position of Mayor.
Fred Frank, 3650 Ardilla, urged the Council to elect Council Member Luna to the
position of Mayor.
Daphne Fashing, supported the previous speakers with her support for Council
Member Luna for the position of Mayor.
Steve LaSalle reminded the Council of the systematic rotation of Mayor as it was
done in the past. Mr. LaSalle felt this would be a preferable method of selection,
as it would tone down the dissention within the Council.
Mayor Pro Tem Scalise closed the Public Comment period.
NOMINATION: By Council Member Pacas and seconded by Council
Member Luna to appoint Council Member Luna to the
position of Mayor.
NOMINATION: By Council Member O'Malley and seconded by Council
Member Clay to nominate Council Member Clay to the
position of Mayor.
There was Council discussion regarding both nominations as well as the process for
selection of Mayor. City Clerk Torgerson explained that she would call each
Council Member's name and ask for their vote.
ROLL CALL: Council Member Pacas: Council Member Luna
Council Member O'Malley: Council Member Clay
Council Member Luna: Council Member Luna
Council Member Clay: Council Member Clay
Mayor Pro Tem Scalise: Abstained.
Both nominations were nullified by a 2:2 vote.
Council Member Clay suggested the Council continue this item to the next meeting.
Council Member O'Malley stated the Council could discuss this issue at strategic
planning in January 2003.
Mayor Pro Tem Scalise indicated that as there was not a majority vote for any of
the nominees, she would chair the Council meetings until the Council agrees on a
procedure to elect a new mayor.
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2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
Mayor Pro Tem Scalise announced that since a new mayor was not elected, this
item would be continued until such time as a mayor is selected.
3. SLOCOG Representative - The new Mayor will appoint Council representative
for the San Luis Obispo Council of Governments.
Mayor Pro Tem Scalise appointed Council Member Clay to the SLOCOG board.
Council Member Clay asked that Mayor Pro Tem Scalise take the position. She
agreed.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Pacas suggested the Council consider in two years at the next
election, placing the election of Mayor on the ballot.
A. CONSENT CALENDAR:
1. October Disbursements — October 2002 Accounts Payable & Payroll
■ Fiscal impact: $2,294,603.14.
■ Staff recommendation: City Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2002. [Administrative Services]
PUBLIC COMMENT - None
MOTION: By Council member Luna and seconded by Council Member
Pacas to approve Item #A-1.
Motion passed 5:0 by a roll-call vote.
B. MANAGEMENT REPORTS:
1. Agreement for Services With the Zoological Society — In Support of
the Charles Paddock Zoo
■ Fiscal impact: Potential $79,000 annual revenue.
• Staff recommendation: Council authorize the City Manager to execute the
Agreement for Services between the City of Atascadero and the Zoological
Society of San Luis Obispo County in support of the Charles Paddock Zoo.
[Community Services]
Assistant City Manager Brady Cherry gave the staff report and answered questions
of Council.
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PUBLIC COMMENT
Jerry Bowman, 8750 San Gregorio, President of the Zoological Society, stated he
feels the community has benefited greatly from the partnership between the City,
the Zoo and the Society. Mr. Bowman explained the role of the Zoological Society.
George Highland, San Luis Obispo, stated he has worked for many years with the
Charles Paddock Zoo and feels the agreement with the Zoological Society will be
very helpful to the Zoo and the City.
Mayor Pro Tem Scalise closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
O'Malley to authorize the City Manager to execute the
Agreement for Services between the City of Atascadero and the
Zoological Society of San Luis Obispo County in support of the
Charles Paddock Zoo.
Motion passed 5.0 by a roll-call vote. (Contract No. 2002-029)
2. Atascadero Fire Safe Council Chipping Program
■ Fiscal impact: None. This program is funded through a grant awarded by the
Fire Safe Council.
■ Information item only: [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
PUBLIC COMMENT
Eric Greening stated he has heard many good comments about this program and he
gives it his support. Mr. Greening discussed the use of the term fuel reduction
and indicated in the staff report it appears to be used as a synonym for the word
"clearance." He feels the word clearance can be very misleading in terms of the
behavior it triggers, and prefers the term fuel reduction.
Rick Mathews stated this sounds like a great program. He suggested the City sell
some of the mulch produced through this program.
Daphne Fashing, asked if the program will continue and return to the same areas
already affected. Fire Chief Stone indicated that it is their hope to do so, but it will
depend on the Bureau of Land Management and the availability of funds.
Mayor Pro Tem Scalise closed the Public Comment period.
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C. COMMITTEE REPORTS:
Air Pollution Control District (APCD): Council Member Clay reported that
there will be a map coming out which will affect builders regarding rock
containing asbestos; this type of rock does exist in the west side of
Atascadero.
Economic Vitality Corporation, Board of Directors (EVC): Mayor Pro Tem
Scalise reported that the EVC would be hosting a training session for all new
Board Members.
Integrated Waste Management Authority (IWMA): Council Member Luna
stated that the IWMA has implemented a program for towel racks for
bathrooms. To date Atascadero has not participated in this program. City
Manager McKinney stated that the Facilities Department was following up on
this and the racks were to be installed at City Hall.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member O'Malley asked if the issue brought up by a member of the
public about minutes and their attachments could be agendized. Also, he
asked that the election of Mayor be placed on the next agenda.
Council Member Luna suggested selecting a Mayor tonight.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna that the discussion of the selection of
Mayor be reopened.
Motion passed 5.0 by a roll-call vote.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to nominate Council Member Clay to the
position of Mayor and Council Member Luna to the
position of Mayor Pro Tem.
Council Member Clay stated that he does not take a back seat to anyone on the
Council; he has lived in Atascadero for 62 years and served his community well.
He stated that he would do a good job and would be honored to be Mayor.
Council Member Luna indicated that by any measure—th number of terms he has
been elected (3), the number of votes he received over Council Member Clay—he
has a certain constituency which he feels represents the majority of Atascadero
residents and for that reason he feels he deserves the position of Mayor.
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Council Member Clay stated that 72% of the votes in the recent election went to
candidates that supported moving the City forward. He takes pride in the fact that
he spent significantly less than Council Member Luna in his election bid and
therefore may be less well known and have received fewer votes.
Council Member Pacas commented that the last time a Mayor was selected,
Council Member Luna was passed over as the majority of the Council felt he did
not represent the public because the Council majority did not hold his same views.
She stated that the Mayor selected at that time was not reelected and she feels
this suggests the people do support Council Member Luna's position. She does not
feel Council Member Luna would be a threat to any of the goals other members
wish to accomplish, as he is diplomatic and fair.
MOTION: By Council Member O'Malley and seconded by Council Member
Clay to nominate Council Member Clay to the position of Mayor
and Council Member Luna to the position of Mayor Pro Tem.
Motion failed 2:3 by a roll-call vote. (Luna, Pacas, Scalise
opposed.)
Council Member O'Malley asked for Council consensus to bring back the issue of
Mayor selection on the next agenda.
There was Council consensus to bring the issue of the Mayor selection process to
the next Council agenda.
Mayor Pro Tem Scalise stated that the position of Mayor is an important one and
she cast her votes tonight as she did because she has witnessed divisiveness and
stubbornness within the Council, which she feels places it in a stagnated position
and is a loss for the community. She feels Atascadero needs a mayor who can
draw both sides in.
E. ADJOURNMENT:
Mayor Pro Tem Scalise adjourned the meeting at 8:50 p.m. to the next regularly
scheduled meeting on December 10, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City C rk
The following exhibits are available for review in the City Clerk's office:
Exhibit A — Daphne Fahsing
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