HomeMy WebLinkAboutMinutes 112393 Approved as Submitted
Meeting Date: 12/14/93
ATASCADERO CITY COUNCIL
NOVEMBER 23, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Luna and Mayor
Nimmo
Absent: One Seat Vacant
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Andy Takata, City Manager/Director of Community
Services; Henry Engen, Community Development Director;
Art Montandon, City Attorney; Russ Scotten, Interim
Finance Director; Mike McCain, Fire Chief; Lt. Bill Watton,
Police Department; Steve Sylvester, City Engineer and
Doug Davidson, Senior Planner
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, revealed three key principles for raising
conscientiousness and achieving personal fulfillment: 1) Find Thyself, 2) Know
Thyself and 3) Give Thyself.
William Zimmerman, 6220 Lomitas, asked the City Council to consider the financial
capacity of potential development before making commitments on behalf of the City.
He shared copies of an edition of the New Times and referred to an article regarding
the potential closure of the Central Coast Mall in San Luis Obispo.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
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tees. Informative status reports were given, as follows.):
1. Solid/Hazardous Waste Task Force - Henry Engen reported that the next
meeting would be December 2, 1993.
2. Economic Round Table - Mayor Nimmo reported that the Round Table
will soon be making some specific recommendations to the City Council
relating to downtown redevelopment and revitalization. Chairman Lilley
had reported that a group of local artists and performers had contacted
him seeking support from the round table for use of Pine Mountain
Stadium as an outdoor theater. There was consensus to invite a
representative from the group to come and present a conceptual plan for
consideration.
3. Liability Claims Review & Finance Committee - Councilman Luna
provided highlights of the last meeting and reported that cross-training
of Finance Department personnel would begin soon. In addition, he
noted that the committee was recommending that $35,000 previously
pledged as matching funds for the library expansion would be drawn
from surplus funds.
4. Nacimiento Water Purveyors Advisory Group- Councilman Luna reported
that the project environmental impact report and preliminary design
would be prepared during the next six months. He also noted that
projected costs for Atascadero was estimated at $800 per acre foot and
speculated that costs may be reduced by decreasing the amount of
water being requested (3,000 acre feet).
B. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - October 26, 1993
2. CITY COUNCIL MINUTES - November 9, 1993
3. CITY TREASURER'S REPORT - October, 1993
4. RESOLUTION NO. 133-93 - Approving the application for grant funds from the
Used Oil Recycling Fund under the Used Oil Recycling Enhancement Act for the
establishment of a certified used oil recycling center
5. RESOLUTION NO. 134-93 - Authorizing certain individuals to acquire Federal
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surplus property from the California State Agency for Surplus Property
6. RESOLUTION NO. 135-93 - Adopting a salary/classification schedule and
benefits for Mid-Management/Professional employees for FY 1993-94
7. RESOLUTION NO. 136-93 - Adopting a salary/classification schedule and
benefits for Confidential employees for FY 1993-94
8. RESOLUTION NO. 137-93 - Authorizing the City Manager to enter into an
agreement with David M. Griffith and Associates, Ltd., to provide consulting
services to prepare and file State mandate claims
Mayor Nimmo mentioned that the City Clerk was recommending minor amendments
to the Minutes of November 9, 1993; there was consensus to accept the revisions
as submitted.
Michael Kovac, 1439 Mesa Road, pulled Items #13-6 & 8.
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
the Consent Calendar Items #13-1 through 5 and #7; motion
carried 4:0 by roll call vote.
Re: Item #13-6. RESOLUTION NO. 135-93 - Adopting a salary/classification
schedule and benefits for Mid-Management/Professional
employees for FY1993-94
Mr. Kovac voiced objection to the proposed 2.6% pay increase.
Councilman Luna pointed out that the increase was for cost-of-living allowance. The
City Attorney added that the salary and classification schedule was the result of many
meetings and closed sessions with the City Council.
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
Consent Calendar Item #13-6; motion passed unanimously by roll
call vote.
Re: Item #13-8. RESOLUTION NO. 137-93 -Authorizing the City Manager to enter
into an agreement with David M. Griffith and Associates, Ltd., to
provide consulting services to prepare and file State mandate
claims
Mr. Kovac expressed criticism and urged the City Council to wait to act until the need
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has been determined and competitive bids are received.
Andy Takata provided background and reported that anticipated reimbursements will
more than cover the cost of the consultant. Councilman Luna emphasized that cost
analysis of SB90 monies requires specialized expertise. Chief McCain added that the
State only offers a two-to-three week window period to file the claims and stated that
it would require many hours of staff time to prepare the claims. Councilman Bewley
pointed out that the City stands to receive back as much as seventy percent of the
money already spent in compliance with State mandates and argued that if the City
does not file, it will get nothing.
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
Resolution No. 137-93: motion carried 4:0 by roll call vote.
C. PUBLIC HEARINGS:
1. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) -Considera-
tion of Draft County CHAS plan document as the policy document for future
Federal funding programs within the City of Atascadero
Henry Engen introduced Dana Lilley, San Luis Obispo County Senior Planner, who
presented background relating to the Draft County Comprehensive Housing Afforda-
bility Strategy (CHAS) Plan. He noted that the recommended action was to accept
public testimony on the CHAS and direct staff to forward the City's comments to the
County Board of Supervisors for their December 14, 1993 meeting. Council questions
and comments followed.
Councilman Luna noted that the Plan's Table II located on page 38 reflects
rehabilitation as a Number Three priority and remarked that, in his opinion,
rehabilitation should be a Number One priority for the City of Atascadero.
Councilwoman Borgeson asked why Atascadero State Hospital was included in the
Plan. Mr. Lilley noted that the Department of Housing and Urban Development (HUD)
requires that all census blocks be identified. Councilwoman Borgeson observed that
there was no allocation for public facilities and services in the Plan. Henry Engen
explained that Atascadero does not have any pockets of poverty where improvements
could meet the criteria.
Responding to Councilman Bewley's question, Mr. Lilley reported that the County will
be responsible for the general administration of the Plan for all unincorporated areas
of the County and added that Atascadero can use any left over funds from the twenty
percent allocation for general administration on local projects.
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Public Comments:
Glenna Lewis, Templeton resident, asked how low income, as described in the Plan,
is defined. Mr. Lilley responded that the Plan uses Federal and State interpretations
for income levels and explained that the low income classification includes those
families of four earning no more than $32,000 per year. Ms. Lewis spoke in favor of
Peoples' Self-Help Housing projects for the low-income.
Ray Jansen proclaimed that regulation is needed to guarantee fair and equitable rental
rates.
Michael Blake, attorney for California Rural Legal Assistance, urged construction of
new three-bedroom homes to reduce over-crowding and asked the Council to consider
pooling funds with other cities and/or the county to achieve housing needs.
Scott Smith, Program Director for Peoples' Self-Help Housing Corporation, read a
prepared statement (see Exhibit A) offering recommendations for meeting the housing
needs for medium and large low-income families.
---End of Public Testimony---
The public hearing was closed. Additional Council comments followed regarding
proposed expenditures of the City's allocated- housing funds as proposed by staff.
Councilwoman Borgeson spoke in favor of rehabilitating older rental units and bringing
them up to standards set by the Americans with Disabilities Act (ADA) . In addition,
she indicated support for providing a Peoples' Self-Help Housing project in Atascadero.
Henry Engen reported that staff had worked with that agency and had not been able
to identify a suitable site of large acreage to construct such a project. Responding to
inquiry from Councilman Luna, Mr. Engen explained that an inventory of existing
housing was currently being published as part of the Draft Housing Element.
Discussion ensued regarding proposed housing projects for Atascadero, as identified
in the staff report. Mayor Nimmo stated that while he suspected that there are some
commercially-zoned buildings that are in need of renovation, he was inclined to
support the staff recommendation for the present time. Councilman Luna agreed, but
stated that he hoped the Council would have another opportunity to select specific
projects. Councilwoman Borgeson indicated that she was not happy with the
proposed Capistrano Avenue project and reiterated her opinion that rehabilitation of
homes, especially for the elderly, should be a top priority.
MOTION: By Councilman Bewley, seconded by Councilman Luna to accept
the staff recommendation as written and to include in the City's
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response comments reflecting Council consensus for setting a
higher priority for local housing rehabilitation; motion passed
unanimously.
Mayor Nimmo called a short recess.
D. REGULAR BUSINESS:
1. CONSULTANT SELECTION PROCEDURES - Consideration of proposed proce-
dures for selection of professional consulting services
Steve Sylvester summarized selection procedures for professional consultants as
outlined in the staff report. He noted staff was seeking direction to develop a formal
selection policy for future Council adoption.
Mayor Nimmo suggested that the monetary cap of Category A be increased from
$10,000 to $25,000, that Category B be amended to read "design contracts above
$25,000" and that Category C be eliminated. Councilman Luna voiced support for
this proposal; Councilwoman Borgeson opposed the changes stating that small firms
would adversely be affected. In addition, Councilwoman Borgeson remarked that she
would prefer to see all professional service contracts come before the City Council for
final approval.
Discussion ensued regarding the selection of environmental impact consultants, new
Brown Act requirements and their impact on ad-hoc committees and the proposed
interview process for consultant selection, as outlined in the recommended selection
procedures. Councilwoman Borgeson suggested that Item #C-1 (relating to
interviews) be added as #4 to Category B. Councilmembers Bewley and Luna
concurred emphasizing that the personal interview requirement be at the discretion of
the consultant selection committee
MOTION: By Councilman Bewley, seconded by Councilman Luna, to use
Category A criteria for design contracts in amounts up to and
including $25,000, and further that contracts in amounts over
$25,000 be subject to interviews at the discretion of the
consultant selection committee.
Discussion on the motion: Councilwoman Borgeson asserted opposition to
giving the committee discretion over the need for an interview. Councilman
Luna asked if approvals would come to the City Council on the Consent
Calendar or Regular Business. Steve Sylvester mentioned that contracts under
$25,000 would be on Consent and contracts over $25,000 would be under
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Regular Business.
Public Comments:
Rush Kolemaine, Potrero Road resident, asked the City Council to consider
adopting a policy for small contracts in amounts ranging from $500 to $5,000
for other areas of purchasing, ie: computer systems, grant-writing, promotional
materials for City programs, etc. Staff pointed out that the City Council
recently approved a revised Purchasing Manual outlining adopted policies and
procedures applicable to these kinds of products and services.
William Zimmerman spoke in support of the selection procedures but
questioned the legality of City Council members sitting on consultant selection
committees when eventually the Council will approve the contract. City
Attorney Art Montandon explained that there is nothing legally prohibiting a
Council sub-committee of this kind and pointed out that final approval is given
by the full Council.
Vote on the Motion: Motion to approve the selection procedures for
professional consultants, as amended, passed 4:0 by roll call vote.
2. ENGINEERING PROJECT UPDATES
Steve Sylvester presented a status report on the following public works projects: Las
Encinas and 3-F Meadows Road Assessment Districts; south El Camino Real median
refinement and overlay; and emergency repairs to Laurel Road and other slide areas.
It was noted that contract awards for the Las Encinas (including median revisions) and
the 3-F Meadows Roads Assessment Districts would be before the City Council on
December 14, 1993.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilwoman Borgeson mentioned that the City Council had received a letter from
the Business Improvement Association requesting action relating to skateboarding in
the downtown and asked that this matter be set for the next City Council meeting.
Mayor Nimmo announced that he would be absent from the first meeting in January,
1994.
2. City Clerk
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The City Clerk provided follow-up on combined efforts to name State Highway 41
between Atascadero and Morro Bay the "E.G. Lewis Highway".
3. City Manager
Andy Takata noted that the City Council would be meeting in a Special Meeting on
November 30, 1993 to consider adoption of the Fiscal Element. In addition, he
reported that the second regular meeting in the month of December had been
canceled in honor of the holidays.
CLOSED SESSION:
At 10:05 p.m., the City Council adjourned to Closed Session for purposes of
discussions regarding real property negotiations (APN #049-141-039/Topley) and
personnel negotiations. Said Closed Session was held pursuant to Government Code
Sections 54956.8 and 54957.6(a).
THE CITY COUNCIL MEET INA SPECIAL SESSION TUESDA Y, NOVEMBER 30, 1993
A T 7.00 P.M. TO REVIEWAND CONSIDER ADOPTION OF THE FISCAL ELEMENT OF
THE CITY'S GENERAL PLAN.
MINUTES RECOR D AND PREPARED BY:
1 _
f '
LEE PRICE, City Clerk
Attachment: Exhibit A (Peoples' Self-Help Housing)
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cc11/23/93
EXHIBIT A
City Council November 23, 1993
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Subject: Proposed CHAS (Comprehensive Housing Affordability Strategy)
Dear Council Members:
Thank you for the opportunity to comment on the Comprehensive Housing Affordability Strategy
and the City's Community Development Block Grant Entitlement status.
Peoples' Self-Help Housing Corporation believes that the two most pressing issues with respect
to housing are overpayment and overcrowding. We believe that the proposed Comprehensive
Housing Affordability Strategy does an adequate job of identifying and prioritizing these
problems, by stressing the need for more low and very low-income homeownership and rental
housing opportunities.
We encourage the City to promote both types of housing - rental and homeownership. However,
the point we wish to make is that these units should be of a size and design which meet the
needs of medium and large size families. For example, a housing program for purchase of small
1 or 2 bedroom condominiums, does not meet the needs of families. Likewise, we generally do
not support use of CDBG funds to convert apartments to condominiums for first-time
homebuyers, as these will almost certainly be 1 and 2 bedroom units. In our estimation this is
not where the need is. Such arrangments typically provide insufficient outside recreation and
play areas for children, and can further promote overcrowding. Use of CDBG funds in support
of homeownership should be directed to 3 and 4 bedroom units. Likewise, with respect to rental
housing, families need 3 and 4 bedroom apartments with open space for recreation andp lay.
Most existing apartments are either one or two bedroom units, and result in families living in
overcrowded conditions. There is a need for affordable rental housing appropriately designed
for the needs of families.
PSHHC has several administrative concerns with respect to the City/County CDBG consortium.
As you know, the City is participating in a CDBG consortium with 4 other Cities and the
County. Currently, the CHAS divides the HUD Community Development Block Grant(CDBG)
housing funds into small increments allocated between the six participating jurisdictions. As a
result, based upon our experience, there may be insufficient funds in any one jurisdiction to
accomplish a project. Peoples' Self-Help Housing Corporation is noted in the CHAS and your
Housing Element as a key vehicle for accomplishing the region's affordable housing goals.
Given the current manner in which the housing funds are incrementally allocated between
jurisdictions, Peoples' Self-Help Housing would find it difficult to propose a viable development
due to funding limitations. In the past, a minimum of$400,000 - $500,000 has been needed to
leverage affordable housing developments.
Peoples'Self-Help Housing Corp.
1411 Marsh Street,Suite 103
Son Luis Obispo,California 93401
TEL:(805)544-5717
fAX:(805) 544-1901
Another administrative point we would like to make concerns the broad scope of the CHAS first
year CDBG spending plan and its' impact on both the City's and County's administration and
performance. Currently, nearly $400,000 is budgeted for general administration by the County
and Cities. This amount is related to the number and variation of projects. Given that 6
different jurisdictions are involved in this consortium and that categories of spending range from
public facilities, public services, economic development, to housing it appears that there will be
24 separate projects to underwrite, implement and monitor this first year. None of the
jurisdictions, with the exception of the County, are experienced in CDBG federal regulations.
Additionally, the County's experience-is limited to only CDBG housing activities. PSHHC is
concerned with the County's and City's ability to implement this plan the first year, and with
HUD's deobligation of funds if performance is not achieved. Performance is measured both in
terms of timing and regulations compliance.
PSHHC's recommendations are threefold. First, try to limit the number of activities proposed
for the first year to those which can reasonably be accomplished within that time period. This
is particularly important since this is a new program for both the Cities and the County.
Programs which are not ready to go in year one should consider shifting their first year money
into housing, which is easy to quantify in terms of low-income benefit, and in which the County,
as lead agency, has administrative experience. Our second recommendation is to consider
incorporating a pooling arrangement between participating jurisdictions for the housing funds,
so that an economy of scale can be achieved and program priorities accomplished. This pooling
would be a reciprocal arrangement, whereby all jurisdictions would benefit. Third, unless the
project is for senior or special needs housing, the emphasis in housing types should be on 3 and
4 bedroom units, both in the rental and homeownerhsip catagory.
We also express our willingness to assist your staff in assessing the feasibility of pooling funds
for housing.
IX
(Se With
Director of Programs
Peoples' Self-Help Housing Corporation
cc: Department of Housing and Community Development (HUD)