HomeMy WebLinkAboutMinutes 111296CC 11/12/96
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Agenda Item: A-3
Meeting Date: 12/10/96
ATASCADERO CITY COUNCIL
NOVEMBER 12, 1996
MINUTES
6:30 P.M. - CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) potential case
THE CLOSED SESSION ADJOURNED AT 6:35 P.M.
7:00 P.M. - REGULAR SESSION:
The Mayor called the Regular Meeting to order at 7:03 p.m. Councilman Luna led the Pledge of
Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor
Highland
Absent: None
Staff Present: Andy Takata, City Manager; Roy Hanley, Deputy City Attorney;
Steve DeCamp, City Planner/Acting Community Development
Director; Brady Cherry, Dir. of Community Services; Lt. Bill Watton,
Acting Police Chief; Chief Mike McCain, Fire Dept.; John Neil,
Assistant City Engineer; Mark Markwort, Chief of Wastewater
Operations; Cindy Holton, Deputy City Clerk
Also Present: Rudy Hernandez, City Treasurer
COUNCIL COMMENTS:
Mayor Highland announced the addition of a proclamation for the Hospice Light Up a Life
Memorial Tree Lighting Program, proclaiming the Month of November as “National Hospice
Month”. Said proclamation will be formally presented on November 22, 1996 at the annual
Mayors Luncheon in San Luis Obispo.
Councilman Carden inquired if the only impact of Prop. 218 on the City concerned the Transient
Occupancy Tax (T.O.T.), or are in-lieu of fees affected as well. City Treasurer Rudy Hernandez
responded that, at this time, he does not believe there to be a problem with how the City will be
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affected. Andy Takata added that he intends to send a member of staff to an upcoming
League-sponsored workshop in Sacramento to clarify the impacts of the legislation.
Councilman Carden expressed that the City’s fees charged on the waste-water fund and
perhaps the administrative fee on CDBG grants appear to be affected. Rudy clarified that a key
issue behind Prop. 218 was to ensure that cities do not over-charge tax payers for the cost of
services. Deputy City Attorney Roy Hanley added that he and Art Montandon looked
independently at the issues and were both of the opinion that Atascadero’s only concern with
Prop. 218 was the T.O.T.
Mayor Highland welcomed the members of Boy Scout Troop 67, observing the meeting.
COMMUNITY FORUM:
Bill Wilson, 2780 Alturas Rd., announced that he is coordinating this year’s Salvation Army bell-
ringing for the Atascadero, Santa Margarita and Templeton areas. He commended our
community for their generosity: Since beginning over a month ago, he has over 300 hours
scheduled for volunteers lined up to perform bell-ringing services. This year’s goal is to collect
$14,000. He noted that 90% of collected funds stay in the community. The campaign runs
from Dec. 2 thru Dec. 23. He has approached the City Manager to invite members of staff to
ring the bell, and invited all to participate.
Lindsay Hampton, 8402 Alta Vista, on behalf of Amigos de Anza SLO County, announced the
arrival of the 1996 Juan Batista de Anza commemorative relay in Atascadero on Sunday,
11/17/96. A welcome ceremony will take place at 11:30 a.m. in the Wranglerette Arena on
Tampico Rd. All are invited to attend.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - October 23, 1996 (Special Meeting)
(City Clerk’s recommendation: Approve)
2. APPROVAL OF WARRANTS - August, 1996
(Staff recommendation: Approve)
3. APPROVAL OF WARRANTS - September, 1996
(Staff recommendation: Approve)
4. RESOLUTION NO. 99-96 - Adopting the 1996/97 Fiscal Year Budget
(Staff recommendation: Adopt)
5. RESOLUTION NO. 91-96 - Authorizing an amended agreement with the State of
California for use of the 19.5-acre parcel currently the site of Paloma Creek Park
(Staff recommendation: Adopt)
6. RESOLUTION NO. 97-96 - Appointing one citizen-at-large to the City of Atascadero’s
Traffic Committee
(Staff recommendation: Adopt)
7. RESOLUTION NO. 101-96 - Approving a Memorandum of Understanding between the
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City and SEIU Local 620 for employee salaries & benefits
(Staff recommendation: Adopt)
Mayor Highland announced that the 10/23/96 Minutes are not available, so Item A-1 is pulled.
Rush Kolemaine pulled Item A-4.
Motion: By Councilman Johnson, seconded by Councilman Luna to approve
Items A-2, 3 & 5-7. Motion passed by 4:0 roll-call vote.
Re: A-4: Mr. Kolemaine asked for confirmation from the majority of the Council that there will
be a mid-year review in two months. Mayor Highland confirmed in the affirmative. Andy Takata
noted that mid-year review normally occurs in February.
Motion: By Councilman Luna, seconded by Councilman Carden, to approve
Item A-4, adopting Res. No. 99-96. Motion passed by 4:0 roll-call
vote.
B. PUBLIC HEARINGS:
1. PROPOSAL FOR CONTRACT ALLOWING PROJECT APPLICANT TO PAY PERCEN-
TAGE OF PROPOSED FEES AND SECURING BALANCE BY AGREEMENT AND
LETTER OF CREDIT
(Staff recommendation: Approve)
Roy Hanley, Deputy City Attorney, provided staff report. He clarified that this is not a proposed
agreement to waive any fees and, if approved, no one on staff is authorized to do so on this
project. He also clarified that this is not a phased project. The agreement would allow the
applicant to proceed under a modified protest procedure while seeking redress through the
court process to determine the applicability of permit fees. He then responded to questions
from the Council. Mr. Hanley clarified that Item #15 on Exhibit A of the pro-posed agreement
refers to the sewer connection fee for this specific project.
Public Comment
Robert Lilley, 8740 Pueblo, attorney for the applicants, conveyed that Mr. Hanley’s
representation of the particulars of the proposed agreement are correct and acceptable; his
client has agreed to sign and proceed with the project.
Leon Korba, Santa Ana Rd., expressed concern that this is an agreement between attorneys,
questioned whether there is precedence and what the experience has been in terms of loss or
gain. Mr. Hanley responded that he carefully researched the legality of this type of agreement
for both enforceability and that it is proper under the Government Code.
David Graham, 5905 Capistrano, suggested that there be a clause included in the contract that
the City would receive interest on the fees that are not going to be paid if they were to prevail in
court. Mr. Hanley responded that he did consider interest when drafting the agreement. The
funds that the City receives from development impact fees have to be accounted for in a very
specific way, and there would be no way to both comply with the Govt. Code and provide for
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interest under these particular facts of circumstance.
Motion: By Councilman Luna, seconded by Councilman Carden, to adopt the
staff recommendation to approve the proposed contract. Motion
passed by 5:0 roll-call vote.
2. ORDINANCE NO. 316 - Allowing City’s participation in Operations Agreement for the
Millhollin Quarry
(Staff recommendation: Motion to waive reading in full and approve on first reading by
title only)
Mayor Highland clarified that, through an oversight of not approving this item on first reading
when it was introduced at the 10/23/96 Special Council Meeting, it appears for such action this
evening. Steve DeCamp provided a brief staff report. There was no public comment.
Motion: By Councilman Carden, seconded by Councilman Johnson, to waive
the reading of Ord. No. 316 in full and approve it on first reading by
title only. Motion passed by 5:0 roll-call vote.
Mayor Highland conveyed to Mr. & Mrs. Millhollin in the audience that the second reading will
occur at the Council’s scheduled Special Meeting of November 20, 1996, in order to expedite it.
C. REGULAR BUSINESS:
100-96 (correction noted by Councilman Luna)
1. RESOLUTION NO. 99-96 - Approving exemption from the Congestion Management
Program
(SLOCOG recommendation: Review and consider adoption)
Ron DeCarli, Executive Director of SLOCOG, reported on this item. He noted that included in
the report is a SLOCOG staff recommendation that, should the jurisdictions opt out of this
program, SLOCOG would provide recommendation of how to integrate most provisions of the
CMP in cooperation with the various jurisdictions’ staffs.
Councilman Luna asked where Atascadero is in relation to the other cities in the County. Mr.
DeCarli said Paso Robles has opted out, and it is being considered by Arroyo Grande tonight.
Mr. Luna asked if the City will be penalized in fuel tax revenues for opting out. Mr. DeCarli said
no; however, if Atascadero does not opt out, the City must comply with the various provisions of
the CMP, which would be monitored by SLOCOG. If they find the City to be in non-compliance,
they are obligated to hold back state money.
There was no public comment.
Motion: By Councilman Carden, seconded by Councilman Johnson, to adopt
Res. No. 100-96, approving the City’s exemption from the Congestion
Management Program. Motion passed by 5:0 roll-call vote.
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2. ORDINANCE NO. 315 - Amending the Zoning Ordinance by changing the zoning district
shown on the Zoning Ordinance Map for the site from “CP” (Commercial Professional)
to “LSF-X” (Limited Single Family - High Density)
(Planning Commission/Staff recommendation: Motion to waive reading in full and adopt
on second reading, by title only)
Mayor Highland announced this item by title. There were additional staff comments, no
questions and no public comment.
Motion: By Councilman Carden, seconded by Councilman Luna to waive the
reading in full and adopt Ord. No. 315 on second reading, by title
only. Motion passed by 5:0 roll-call vote.
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group -
Mayor Highland conveyed that the Advisory Group met last Thursday, and there is
nothing to report. The Advisory Board toured the State Water Project.
2. Finance Committee - Councilman Luna reported that the committee will soon begin
mid-year budget review deliberations.
3. Air Pollution Control District - Mayor Highland reported the APCD Board meets
tomorrow.
4. Ad Hoc Regional Water Management Committee - Mayor Highland reported this
committee met last Thursday. The primary item of discussion was wording for possible
legislation to exempt Lake Nacimiento from the State’s law concerning body contact in
reservoirs that are used for drinking water purposes. The wording is to be reviewed by
Supvr. Ovitt this week then on to the County’s legislative advocate and will hopefully go
before the State Legislature in December.
5. Integrated Waste Management Authority - Councilman Luna reported this group
meets tomorrow.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council: Councilman Johnson asked Andy Takata to clarify the election results
certification process. Andy responded that it is anticipated that the results will be
certified in order that the new Council members will be seated at the meeting of
November 26th.
Councilman Luna reported that he received a complaint of sewer odor from the
sanitation plant. Andy Takata was asked to have staff investigate.
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Councilman Luna reported that the Traffic Committee met a couple of weeks ago on the
skateboard ordinance and voted 5:2 to recommend no skateboarding be allowed in the
entire downtown area. The issue will be before the City Council in the near future.
2. City Attorney : Following up on a question from the last meeting, Roy Hanley reported
on the question of franchise fees from the water service in Atascadero. His preliminary
research indicates that it is possible for the City to have a franchise fee. He intends to
contact counsel for the Mutual Water Company for an opinion and will be coming back
to the Council soon with proposals.
3. City Manager: Andy Takata reported that Council-elect Jerry Clay and Ken Lerno both
attended the Salinas River Expansion meeting tonight at the Pavilion. Andy also
reported that he’ll be circulating information to the Council on committee assignments so
the members can consider which they might wish to serve on in the coming year to
assist the new Mayor in making appointments. Further, at the next meeting, Art
Montandon and Roy Hanley will make a presentation on the Brown Act and conflict of
interest laws.
F. ADJOURNMENT
THE CITY COUNCIL ADJOURNED AT 7:49 P.M. TO 6:00 P.M. ON WEDNESDAY,
NOVEMBER 20, 1996 IN THE 4TH FLOOR CLUB ROOM FOR THE PURPOSE OF
INTERVIEWING APPLICANTS AND MAKING AN APPOINTMENT TO THE VACANT
CITY CLERK POSITION.
MINUTES RECORDED BY:
CINDY HOLTON, Deputy City Clerk