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HomeMy WebLinkAboutMinutes 041494 Approved as Submitted 4/26/94 ATASCADERO CITY COUNCIL APRIL 14, 1994 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 Price, 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; Bud McHale, Police Chief and Doug Davidson, Senior Planner INTRODUCTION: Andy Takata introduced Brady Cherry, newly appointed Director of Community Services. PROCLAMATIONS: o "Earthquake Preparedness Month",April 1994. Mayor Nimmo presented the proclamation to Police Chief Bud McHale. O "Atascadero State Hospital Volunteer Recognition Day",April 20, 1994. The Mayor read presented to Carolee Chubb of Atascadero State Hospital. CC 04/14/94 Page 1 o "Public Schools Week", April 18-22, 1994. Fire Chief Mike McCain accepted the proclamation on behalf of the Local Masons. o "National Library Week", April 17-23, 1994. Mayor Nimmo presented the proclamation to Marcie Cunningham. O Mayor Nimmo honored the City Manager's Birthday by proclaiming April 14th as Andy Takata Day in Atascadero. COMMUNITY FORUM: Carolee Chubb, on behalf of volunteers at the Atascadero State Hospital, thanked the City Council for recognizing their efforts. Eric Greening, 7365 Valle, announced that Dr. David Chipping, principle author of the Paso Robles Groundwater Basin Study, would address the public on Monday, April 18, 1994 at 7:00 p.m. at City Hall. He added that Dr. Chipping would provide a status of the quality of the water basin and provide helpful land use practices to maintain water quality. George Schroff, 8740 EI Camino Real #B, congratulated Councilman-Elect George Highland and commended efforts for the conduction of the City's Special Election, on April 12, 1994. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments/Regional Transit Authority - Mayor Nimmo reported that Council of Governments (COG) had met on April 6, 1994 and approved the pay and benefit package for COG employees 11 :1 . The Mayor provided an update on State Transportation Plan program funding for 1995-96 and announced that it includes $187,500 for a signal on EI Camino Real at the entrance to Atascadero State Hospital. In addition, he explained that there had been discussion regarding approval of the Joint Powers Agreement (JPA) for the Integrated Waste Management Authority and noted that there was considerable concern regarding the $3.00 tipping fee originally imposed to pay up front costs of forming the JPA. COG, he concluded, agreed to eliminate the tipping fee and continue to study the matter. 2. County Water Advisory Board - Councilwoman Borgeson indicated that she had not attended the meeting of April 6, 1994, but had received a CC 04/14/94 Page 2 report from the chairperson. She announced that the Board had agreed to co-sponsor, with Santa Barbara County, a water workshop in the month of June. She reported that the Atascadero Mutual Water Company will be notified and invited. Councilwoman Borgeson also reported that May is "Water Awareness Month". 3. Economic Round Table - Mayor Nimmo reported that the Round Table will meet on Wednesday, April 20, 1994 at 7:30 a.m. in City Hall. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - March 8, 1994 2. CITY COUNCIL MINUTES - March 22, 1994 3. CITY COUNCIL MINUTES - March 24, 1994 (Special Meeting) 4. CITY COUNCIL MINUTES - March 31, 1994 (Adjourned Meeting) 5. CITY TREASURER'S REPORT - March 1994 6. RESOLUTION NO. 24-94 - Certifying Adoption of a Residential Anti- displacement and Relocation Plan 7. RESOLUTION NO. 29-94 - Authorizing the execution of an agreement with R. Baker Construction, Inc., for reconstruction of Wastewater Pumping Station #1 (Bid #94-01) 8. RESOLUTION NO. 28-94 - Authorizing the execution of an agreement with The Auditor for audit of City electric, water, trash and natural gas bills 9. REAFFIRM MUNICIPAL CODE SECTIONS PERTAINING TO MULTIPLE BUSINESS LICENSES FOR MULTIPLE APARTMENT SITES WITH ONE OWNER 10. PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF MARCH, 1994 Councilwoman Borgeson pulled Item #13-8 for questions. MOTION: By Councilwoman Borgeson, Councilman Luna to approve the Consent Calendar Items #B-1 through 7, 9 & 10; motion carried unanimously by roll call vote. CC 04/14/94 Page 3 Re: Item #B-8 RESOLUTION NO. 28-94 - Authorizing the execution of an agreement with The Auditor for audit of City electric, water, trash and natural gas bills Councilwoman Borgeson asked the Interim Finance Director if any in-house audits had been conducted by any of the utility companies and added that she understood PG&E provided this service free. Russ Scotten indicated that he was aware of the service offered by PG&E but commented that the company may not be motivated to find savings for the City. Responding to inquiry from Councilman Luna, Mr. Scotten reported that The Auditor (consultant) had provided the original analysis and spoke in support of the staff recommendation. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to approve Resolution No. 28-94 and direct staff to inquire about in- house audit next year by PG&E; motion carried 4:0 by roll call vote. C. PUBLIC HEARINGS: 1. COMMUNITY DEVELOPMENT BLOCK GRANT - Consideration of the City's Community Development Plan, a proposed statement of community development objectives and determination of Community Development Block Grant (CDBG) funding for program year 1994. Doug Davidson introduced Dana Lilley, Project Coordinator, and commented that he would present a brief summary statement following testimony. Mr. Davidson provided an overview of seven (7) project applications received for Community Development Block Grant (CDBG) funding and noted that all of them qualified. He recommended that the Carlton Hotel be awarded eighty (80) percent ($178,000) of the 1994 CDBG funds and that twenty (20) percent ($44,000) be reserved for program management. He presented additional background on the project and noted that the Carlton Hotel was ready for construction. Mr. Davidson reported that an agreement would be secured with the Hotel to guarantee that the low income units are constructed. In addition, he clarified that because program funds are a grant from the Federal Government, the assistance to the Carlton Hotel will be considered a loan. Monies received as repayment of the loan, he concluded, will come back to City; not to the Federal Government. Councilwoman Borgeson commented that the recommendation for reserving twenty percent for administrative costs seemed high. She asked if staff was anticipating hiring someone to manage the program. Mr. Davidson indicated that staff was not making that kind of recommendation. CC 04/14/94 Page 4 Councilwoman Borgeson inquired whether or not all easements for parking at the Carlton Hotel site had been acquired. Henry Engen indicated that they had, with the exception of one. Councilman Luna agreed 20% is excessive and suggested that this figure be cut back. He noted that the CDBG program is on-going and spoke in favor of supporting both the Carlton Hotel Project and the Atascadero Recreation Center project proposed for the Masonic Temple building on Olmeda Avenue. Public Comments: Jonni Eyler, Executive Director of the San Luis Obispo County Visitors Conference Bureau, spoke in support of a request for $27,000 to help fund a countywide tourism development plan. She noted that the Bureau was making requests for funding to all cities in the County. Rush Kolemaine, Box 1990, spoke in support of his request for funding in the amount of $87,300 for Housing and Economic Development Program Start-up. Jack Heninger, President of the Atascadero Recreation Center Committee (ARCC), spoke in support of the application for $53,000 to assist with acquisition and rehabilitation of the historic Masonic Building for a community recreation and teen center. He also shared that funding was being sought by other means as well, including grants, fund-raising events, individual pledges and donations. Frank Henderson, representing Josef and Jane PeBenito, spoke in favor of the application for $178,800 for rehabilitation and historic preservation of the Carlton Hotel. He highlighted efforts and negotiations to date; including the acquisition of easements on behalf of the City for the parking lot. Responding to inquiry from Councilman Bewley, Mr. Henderson confirmed that one property owner was not willing to participate and noted that the parking lot had been designed without the parcel. He added that he would continue negotiations. Melinda Wells, Secretary of ARCC and student at Atascadero High School, spoke in support of the Atascadero Recreation Center and urged the Council to provide teens with a place to go. Dale McGee, Countywide Coordinator of Friday Night Live, also spoke in support of the Atascadero Recreation Center project. Bob Lilley, Chairman of the Economic Round Table, spoke in favor of the Carlton Hotel Project. He suggested that the City Council give serious consideration to reducing CC 04/14/94 Page 5 administrative fee to 10%. Kirk Pearson, resident & business owner, spoke in support of the Carlton Hotel Project and urged the Council to vote in favor of downtown revitalization. Micki Ready, Executive Manager Chamber of Commerce, reported that the Chamber supports the staff recommendation but asked the City Council to consider funding for not only the Carlton Hotel project but the Atascadero Recreation Center and the Tourism Development Plan. Donna Wallace, principle grant writer for ARCC, spoke in support of the Atascadero Recreation Center. She noted that ARCC has made a half-million dollar commitment to preserve the building and turn it into a viable part of the community and mentioned that the use is consistent with the General Plan. Charlie Fruit, Vice President of Commerce Bank in San Luis Obispo, remarked that the bank had reviewed the Carlton Hotel Project, had ordered an updated property appraisal and indicated that a loan commitment is expected by the first of June. John Martino, resident and community volunteer, spoke in favor of the Atascadero Recreation Center. Don Price, 8595 Alegre, reported that the Business Improvement Association unanimously supports the Carlton Hotel Project. Joe Grisanti, Grisanti's Hardware, spoke in favor of the Carlton Hotel Project and asked the City Council to reduce administrative costs to 10%. Frank Goodwin, resident, urged support for the Carlton Hotel Project. Mike Lucas, 8215 Atascadero Avenue, announced that he was a member of the San Luis Obispo County Economic Advisory Committee and proposed that the City Council consider support for the establishment of an economic vitality council. Susan Warren, resident and Advisor for the North County Connection, spoke in favor the Atascadero Recreation Center. Jim Duffy, local resident, also spoke in support of the Atascadero Recreation Center. William Zimmerman, resident, commented that although he was in favor of the Carlton Hotel, he was not supportive of a long-term loan. He suggested that the interest rate be reasonable and that the City get an immediate return. CC 04/14/94 Page 6 Bill Huey, Head Cach Atascadero Swim Club, urged the City Council to fund the -Atascadero Recreation Center request in full. Robert Gilbert, 7635 EI Camino Real, voiced support for the Atascadero Recreation Center. Paul Ricketts, 4475 Sycamore, also spoke in favor of the Atascadero Recreation Center. Barbie Butz, 3370 San Fernando Road, read the following names of PTA members who are in support of the Atascadero Recreation Center: Suzette Scriver (Monterey Road School), Kathleen Ramos (Santa Rosa School), Nancy Crawford (Atascadero Junior High School), Kelly McFarland (San Gabriel School), and Carole Bruns (San Benito School). Erin Ricketts, 4475 Sycamore, and friends spoke in favor of the Atascadero Recreation Center and Teen Center. Hans Drixner, Atascadero Market, asserted that it is imperative to downtown revitalization that the Carlton Hotel go through. Jack Heninger spoke again and responded to remarks made during public testimony. He also clarified the intent of the use of requested grant funds. The City Clerk read a prepared statement submitted by Marjorie Mackey (see Exhibit "All).AII) ---End of Public Testimony--- Dana Lilley, San Luis Obispo County, reported that the City Council's decision will go to the County Board of Supervisors on Tuesday, April 26, 1994. A final summary of all CDBG projects for the County will then be published, he continued, and approval by HUD is anticipated by July or August. He added that funding is expected by the months of September or October. Council comments followed. Mayor Nimmo commented that 20% for program administration is too high and proposed that it be reduced to 10%. He suggested that the Carlton Hotel Project and the Atascadero Recreation Center be funded at 85% of their request; or $152,000 for the Carlton Hotel and $45,000 for the Atascadero Recreation Center. Councilwoman Borgeson asserted that 10% is still too high for administrative costs and proposed that it be reduced to 7%; or $15,610. She suggested that the Carlton CC 04/14/94 Page 7 Hotel and the Atascadero Recreation Center be funded at 90%; or $16,200 and -$47,700 respectively. Councilman Luna asked staff if the program could be administered for $15,000 or if it would tale the assistance of supplemental funds from General Fund. Henry Engen remarked that staff will not know until next year. Councilman Bewley agreed that both projects are worthy and spoke in favor of Councilwoman Borgeson's proposal. Mayor Nimmo inquired whether or not there would be side agreements requiring that before grant funds are dispersed the necessary funds will be raised by applicants to meet the total cost of the project. Henry Engen noted that agreements will be drafted and concurred that such terms should be included. Andy Takata advised that the City Council had the discretion to set certain contingencies. There was consensus to set include such terms as suggested by the Mayor. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to allocate CDBG funding as follows: $160,000 to the Carlton Hotel Project, $47,000 for the Atascadero Recreation Center and $15,610 (or 7%) for administrative costs; motion carried 4:0 by roll call vote. Mayor Nimmo called a break at 9:28 p.m. The meeting was reconvened at 9:45 p.m. D. REGULAR BUSINESS: 1. INFORMATIONAL PRESENTATION: SALINAS RESERVOIR EXPANSION PROJECT (Gary Henderson, City of San Luis Obispo, Water Division) Gary Henderson presented a slide presentation outlining the Salinas Reservoir Expansion Project. He highlighted the major potential impacts, summarized projected mitigation measures and reviewed relocation plans for recreational areas of Santa Margarita Lake. Council questions followed regarding impacts downstream of dam as a result of flooding, reduction of flow and how it will affect the Atascadero sub-basin, impacts to trees and tree replacement and the City of San Luis Obispo's plans for build-out. Public Comments: Eric Greening commented that he thought the study's discussion regarding steelhead CC 04/14/94 Page 8 was irresponsible. In addition, he pondered about how can an environmental impact -- --report can be certified without specific mitigations and asked when they would be identified. George Highland, 9725 San Marcos Road, wondered why there was no mention of habitat restoration. Mr. Henderson remarked that the City of San Luis Obispo has been working with the State Department of Fish & Game and County staff and noted that the project is believed to be an asset, not an impact, to the habitat. ---End of Public Testimony--- Report was received. No action was taken. 2. BROWN ACT - Review of amended provisions (effective April 1, 1994) Art Montandon stated that he had received information that a recent clean-up bill would necessitate some changes to his staff report. The amendments, he added, would be effective April 1, 1994. Because of the late hour, the City Attorney suggested that the matter be continued to a future meeting. He suggested, however, that the City Council review its' standing committees and consider how many of them they wish to maintain or restructure. There was consensus to reschedule the item; no date certain was set. 3. DRIVE-THROUGH USES: CONSIDERATION OF PROCESSING AS CONDITION- AL USE PERMITS Councilwoman Borgeson introduced the item and noted that she had requested that the matter be placed on the agenda for discussion. Henry Engen provided background relating to two drive-through applications recently approved. He noted that the City Council can initiate a zoning ordinance change to require a conditional use permit for drive-throughs. Brief discussion followed. Mayor Nimmo suggested that the item be put over until after the election in June. Councilman Luna stated that he was opposed to drive- through uses. Councilman Bewley asked staff if the two new projects conform to zoning ordinance. Henry Engen remarked that they did. Councilman Luna asserted that the intention of a conditional use permit is to condition projects and avoid problems such as those recently ensued with the Taco Bell remodel. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to place on the agenda a proposal to require a conditional use permit for drive-through uses; motion failed 2:2; no action. CC 04/14/94 Page 9 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilwoman Borgeson announced that there would be a book sale at the Library on Saturday, April 16, 1994. 2. City Clerk: (1) Schedule date for interview of applicants to Board of Appeals, (2) Request direction regarding Traffic Committee and Planning Commission appointments The City Clerk commended Brian Sword and the Streets Department as well as Mike McCain and local Masons for their efforts with the Special Election. She also announced that she would be absent from the meeting of April 26, 1994 because of attendance at the City Clerks' Association of California Annual Conference April 26 through 29, 1994. The City Clerk asked the City Council to select a date to interview the applicants for the Board of Appeals. In addition, she asked for direction regarding expiring terms on the City's Traffic Committee and Planning Commission. Councilwoman Borgeson argued that she would not violate the Brown Act by discussing items that are not on the agenda. There was no direction on either item. 3. City Treasurer Micki Korba reported that she would be attending the California City Treasurers' Conference during the week of April 19 through 22, 1994. 4. City Manager: League of CA Cities, Channel Counties Division Meeting, Fri. 4/22, Santa Maria Andy Takata provided an overview of the next agenda and reminded the City Council of the League of California Cities, Channel Counties Division Meeting set for April 22, 1994 in Santa Maria. CLOSED SESSION: At 10:38 p.m., the City Council adjourned to a Closed Session for purposes of discussions regarding: CC 04/14/94 Page 10 1. Conference with real property negotiator- Property: APN 031-381-009; Negotiating parties: Roy Hili and Henry Engen; Under negotiation: Price and terms for sewer easement. 2. Liability Claims - Claimants: Torgerson, Tommy & Marcia 3. Conference with real property negotiator- Property: APN 054-171-019; Negotiating parties: Gordon Davis and Michael McCain; Under negotiation: Price and all terms of this real estate transaction. Note: Due to a potential conflict of interest, Mayor Nimmo stepped out of Closed Session for items #2 and #3. ADJOURNMENT: At 11 :12 p.m., the City Council adjourned Closed Session and returned to Open Session. Art Montandon made the following announcement: Staff was authorized to continue negotiations on the purchase of both real properties; no final action was taken on any of the matters. The meeting was adjourned at 11 :13 p.m. THE NEXT MEET/NG OF THE A TASCADERO CITY COUNCIL WILL BE TUESDAY, APRIL 26, 1994 AT 7.00 P.M. MINUTES RECORD AND PREPARED BY: LE ICE, City,Clerk Attachment:, Exhibit "A" (Mackey) CC 04/14/94 Page 11 CC 4/14/94 EXHIBIT "A" 9 City Council of Atascadero AM I } j 6500 Palma Ave. Atascadero, CA 93422 CITY Of ATASCA©ERO CITY CLERK'S OFFICE Mayor Nimmo and Council Members Borgeson, Bewley and Luna: I will be out of town when you have your meeting in April 14 so I am asking that Lee read this letter for the record. I am in favor of the Carlton Hotel project but I also believe the Masonic Tem- ple project is a much needed facility and needs all the help the City can give. I would like to see all the grant split between those two projects with a smaller proportion retained for the City admin- istering the Carlton, such as 15% of the grant. Thank you for your consideration. Sincerely, Marjorie R. Mackey 5504-A Tunitas Av. Atascadero, CA 93422