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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- CC 11/23 /93 Page 1 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 CC 11123 /93 Page 2 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 CC 11/23 /93 Page 3 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. CC 11/23 /93 Page 4 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 CC 11/23 /93 Page 5 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 CC 11/23 /93 Page 6 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 CC 11/23 /93 Page 7 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) CC 11/23 /93 Page 8 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)