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HomeMy WebLinkAboutMinutes 082394 Approved as Submitted Meeting Date: 09/27/94 ATASCADERO CITY COUNCIL AUGUST 23, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Carden led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director and Lt. John Barlow, Police Department COUNCIL COMMENTS: Councilman Carden made the following motion: MOTION: By Councilman Carden, seconded by Councilman Johnson to appoint a Council committee to research and estimate staff time and cost to prepare an environmental impact report relating to Council action of last meeting regarding initiating a General Plan amendment that would possibly expand the Urban Service Line. Discussion on the motion: Councilman Luna asked the City Attorney to advise if this matter could be acted upon when it is not on the agenda. Art Montandon commented that as long as the Council did not make CC 08/23/94 Page 1 specific appointments, it would be permissible. Councilman Highland indicated that he did not believe it was necessary to form a Council committee for this purpose because it is the responsibility of the staff to prepare such estimates. Councilman Luna agreed. Mayor Bewley stated that he supported the idea of forming a Council sub-committee to meet with staff before any money is spent. The City Attorney asked staff if they had begun to compile the information. Mr. Engen answered affirmatively and noted that discussions have begun with the EIR consultant. The City Manager reported that he will work with staff and bring back cost information for each component of the action. The motion was withdrawn by the maker and the second. By mutual consent, the City Council directed staff to bring back the pertinent information. The Mayor and members of the Council individually expressed appreciation to the Atascadero Fire Department, the Police Department, all City departments, other emergency service agencies and the community at-large for their responses during the Highway 41 Fire. Councilman Luna announced that plans for restoration and re-vegetation would be presented at the Santa Margarita Grammar School on Wednesday, August 24, 1994 at 7:30 p.m. He also shared that strategies for rebuilding and opportunities for networking with other fire victims would be offered at the same location on Sunday, August 28, 1994 at 1 :00 p.m. Councilman Luna suggested that staff review with the councilmembers certain sections regarding information and communication management in the City's Emergency Plan for greater clarity. Councilman Highland proposed that an expression of appreciation to all firefighters statewide be placed in the State Firefighters Association magazine. Mayor Bewley reported that staff was requesting the addition of an urgency matter to the Regular Business agenda. MOTION: By Councilman Highland, seconded by Councilman Luna to add Regular Business Item #C-5, Resolution No. 87-94 proclaiming the existence of a local emergency; motion passed 5:0 by roll call. PROCLAMATION: Mayor Bewley read the proclamation entitled, "Celebrating Escuela del Rio's 20th Anniversary" and presented it to Shari Fontane, Executive Director of Escuela del Rio. CC 08/23/94 Page 2 Councilman Johnson remarked that the school's program offers a wide scope of services and is a valued asset to the community. COMMUNITY FORUM: Eric Greening, 7365 Valle, suggested a Council policy be adopted whereby staff cannot be directed to do any substantial work at a priority level without full responsibility for telling staff what can and what cannot be done. He also expressed appreciation to emergency service personnel for protecting the City during the Highway 41 Fire. Rosemary Dallion, representing the Long Term Care Ombudsman Services of San Luis Obispo, asked to address the Council regarding their community funding request. Mayor Bewley invited her to speak during the public hearing portion of Item #C-1 . (See page 4). Michael Kovacs, 1439 Mesa Road, welcomed new councilmembers and asked what is the action plan for maintaining Atascadero as the #1 place in America to live. A. CONSENT CALENDAR: 1. RESOLUTION NO. 84-94 - Authorizing approval of a letter agreement for special district administration 2. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF JULY, 1994 3. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Acceptance of final parcel map to create a four-unit residential condominium project (Bock/EMK) 4. TENTATIVE TRACT MAP 93004, 8625 PORTOLA RD. - Acceptance of final tract map to subdivide one parcel containing approx. 3.2 ac. into five lots containing approx. 25,000 sq. ft. each for construction of single family residences (Boneso/Westland Engineering) Mayor Bewley pulled Item #A-4 noting that he had a potential conflict of interest and would step down from taking any action on this item. MOTION: By Councilmember Highland, seconded by Councilmember Luna to approve Consent Calendar Items #A-1, 2 & 3; motion carried unanimously by roll call vote. CC 08/23/94 Page 3 Mayor Bewley stepped down. Mayor ProTem Highland called for a motion on Item #A-4. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve Consent Calendar Item #A-4, Tentative Tract Map 93005; motion carried 4:0. The Mayor returned to his seat. B. PUBLIC HEARINGS: None Scheduled. C. REGULAR BUSINESS: 1. COMMUNITY AND NON-DEPARTMENTAL GROUP FUNDING REQUESTS - Request for staff direction Brad Whitty, Finance Director, provided introductory remarks. City Treasurer Micki Korba read a prepared statement (see Exhibit "A") requesting a delay in taking action on community agency funding requests. The City Manager explained that no formal action is being requested at this time and mentioned that staff was seeking direction from the Council about what to include in this year's budget. Mr. Takata noted that the entire budget package will be reviewed on August 30, 1994 in a special study session. Public Comments: Rosemary Dallion, Long Term Care Ombudsman Services of San Luis Obispo County, spoke in support of a donation to the agency and submitted a letter from Gari D. Cave, Program Coordinator (see Exhibit "B"). Eileen Allan, Director of North County Womens' Resource Center and Shelter, expressed appreciation to the Council for its' past support. She also provided an overview of services and a status report on the shelter. Mrs. Allan urged the Council to grant continued support. Biz Steinberg, Executive Director of the Economic Opportunity Commission (EOC), voiced appreciation for past support of EOC programs and asked for funding support for a new program to provide women over the age of 40 years with medical care services. George Schroff, 8740 EI Camino Real #B, spoke in favor of assisting the San Luis Obispo Homeless Shelter. CC 08/23/94 Page 4 Martha Nichols, Senior Nutrition Program, thanked the City Council for past support and endorsed staff's recommendation for funding this year. She outlined the various programs including the Meals-on-Wheel food service program and expressed gratitude to the many citizens from Atascadero who volunteer their time to deliver daily meals to the elderly. ---End of Public Testimony--- Councilman Luna asserted that he was very grateful to all the volunteers and agencies for providing services that help the City of Atascadero. He added that he hopes that Council will be able to fund as many requests as possible. Councilman Johnson commented that the City of Atascadero reaches out to help others and vowed that the Council will continue to look for ways to strengthen the City's financial resources so that it can continue to provide some level of assistance. By consensus, the City Council continued the discussion until the budget study session scheduled for Tuesday, August 30, 1994. 2. RESOLUTION NO. 71-94 - Establishing Authorized Positions and Salary Schedule for Fiscal Year 1994/95 By consensus, the City Council continued this matter to the meeting of September 13, 1994, when it is anticipated that the 1994-95 budget will be adopted. 3. AD HOC DEVELOPMENT REVIEW COMMITTEE - Consideration of Council subcommittee's recommendations (Cont'd from 7/12/94) Henry Engen provided the staff report and overview of the ad hoc committee recommendations. Councilmember Luna asked the City Attorney to comment on what impact the "Brown Act" will have on such an ad-hoc committee. Art Montandon advised that all committees created by formal action of the Council are subject to the Brown Act provisions. Councilmember Luna asked staff if there will be a tour of the Planning Department and, if so, how the tour will be conducted in accordance with the Brown Act. Mr. Engen reported that a tour was planned. The City Attorney explained that this tour must be noticed and advised that the public can attend it and any meetings of the committee. He clarified that although the public is invited, it may not necessarily participate in the discussions. CC 08/23/94 Page 5 Councilman Luna remarked that while the names nominated for membership on the committee are worthy, they are almost exclusively pro-development. He said that he has some serious concerns about the outcome and had hoped for more balance. For these reasons, he concluded, he will not support the proposed composition of the committee. There were no comments from the public. MOTION: By Councilman Highland, seconded by Councilman Johnson to appoint the committee as proposed; motion passed 4:1 (Luna). Councilman Highland asked if another motion was needed to approve the committee's purpose. The City Attorney indicated that the previous motion implies support unless the Council wishes otherwise. There was no further action. 4. POTENTIAL SKATEBOARD PARK - Status report/Request for direction by Community Services Director Brady Cherry provided background and the staff report. He recommended that the Council remain open on the concept and appeal to the community for help raising funds and providing volunteer services. He highlighted several current recreational projects that involve private sector funding to accomplish. Councilman Johnson complimented skateboard park sub-committee member George Beatie and others for their hard work. He asked staff if there are recreational programs that can be replaced rather than continuing to adding new programs. Brady Cherry reported that his staff is looking at recreation service levels, are reviewing programs and have made some decisions to eliminate unsuccessful ones. He noted that it is easier to allocate in-kind staff support instead of funds for start-up costs of new programs. Councilman Johnson remarked that while he is philosophically in favor of the skateboard park concept, he is financially unable to support it at this time. Councilman Luna asked questions regarding park start-up costs. Brady Cherry summarized the materials for construction needed. Councilman Luna pointed out that skateboarders have asked the City, in the past, to provide this before. He indicated that it may now be time to involve the community and seek their monetary support. Art Montandon provide legal advice regarding liability. He provided an overview of recently adopted State Law and suggested that the City Council may want to consider an ordinance requiring safety gear and on-site signage. Mr. Montandon clarified that CC 08/23/94 Page 6 such an ordinance would provide additional and significant protection (although not immunity) for the City. Councilman Luna proposed that staff be instructed to draft such an ordinance and bring it back for Council consideration. Councilman Johnson agreed. By consensus, the City Council directed staff to draft an ordinance that supports new State statutes. The Council agreed to support the park concept with the help of the community. (No funding approved). 5. RESOLUTION NO. 87-94 - Proclaiming the Existence of a Local Emergency. Andy Takata provided the introduction and background. He explained that the resolution must be adopted within seven (7) days of the calling of the emergency. MOTION: By Councilman Highland, seconded by Councilman Luna to adopt Resolution No. 87-94; motion passed 5.0 by roll call. D. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1. Highway 41 Realignment Community Advisory Committee - Henry Engen reported that the committee had met on August 18, 1994. Caltrans representatives presented alternative sketches for three sound walls and a garden wall concept is being considered. He explained that meetings are being planned with residents of various surrounding neighborhoods. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Highland reported that he had received communications from someone who claims that they were refused an application for annexation. He stated that he was not aware of any Council authorizing that kind of action and indicated to the public that all citizens are afforded the right of applying for processes allowed for by City ordinances. Councilman Carden remarked that his support for initiating a General Plan amendment expanding the Urban Service Line is to improve the financial credibility of the City. He commented that the City is a business and the number one priority must be to generate income. He challenged the staff to find the most efficient ways to allow the City to give businesses outside of this community and within the community the CC 08/23/94 Page 7 signal that the City is willing to assist, is not willing to subsidize, is willing to work with businesses, rather than deter business, and that it is realistically going to pursue those activities that will build a sound financial base. Councilman Luna emphasized that an equally important challenge is the preservation of Atascadero's most valuable asset: the rural character of the community. He noted that he while it is important to enhance the economic climate, it is best to provide for balance. 2. City Clerk Lee Price asked the City Council to schedule a date for interviewing applicants for the Parks & Recreation Commission and the Community Services Foundation Board of Directors. The Council agreed to meet in a special session on Thursday, September 8, 1994 commencing at 4:30 p.m. 3. City Treasurer Micki Korba urged quarterly meetings of the Finance Committee. Councilman Luna reported that Wednesday afternoons during the Fall Quarter are preferable. 4. City Manager Andy Takata announced that the Budget Study Session would follow the Planning Commission interviews on Tuesday, August 30, 1994 at approximately 8:00 p.m. He also mentioned that the League of California Cities Annual Conference is scheduled for October 23-25 and asked councilmembers to let staff know if they will be attending so that necessary arrangements can be made. The City Clerk noted that a voting delegate will need to be chosen by the Council at their meeting of September 27, 1994. At 8:40 p.m., the Mayor adjourned to Closed Session. F. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR The City Council met in Closed Session for purposes of meeting with the City's Labor Negotiator: Negotiator: City Manager Employee Organizations: Service Employees International Union; Atascadero Police Officers Association; Atascadero Sergeants Service Organization; Atascadero Safety Technicians Organization;Mid-Management Bargaining Unit. CC 08/23/94 Page 8 The City Council adjourned Closed Session at 9:20 p.m. The City Manager announced that the City Council gave the labor negotiator direction regarding labor negotiations. THE CITY COUNCIL WILL MEET IN A SPECIAL JOINT MEETING WITH THE PASO ROBLES CITY COUNCIL AT 7:00 P.M. ON THURSDAY, AUGUST 25, 1994, TO DISCUSS: 1) ECONOMIC DEVELOPMENT IN THE NORTH COUNTY, 2) SOLID WASTE ISSUES AND PLANNING, AND 3) PROPOSED EXPANSION OF THE SALINAS RIVER DAM. SAID MEETING WILL BE HELD AT THE ATASCADERO LAKE PARK PAVILION, 9315 PISMO STREET, ATASCADERO, AND IS OPEN TO THE PUBLIC. MINUTES RECORDED AND PREPARED BY: cv1d., LEE PRICE, City Clerk Attachments: Exhibit "A" - Korba Exhibit "B" - Ombudsman CC 08/23/94 Page 9 8/23/94 EXHIBIT 'A' MAYOR BEWLEY AND COUNCILMEMBERS AS THE ELECTED TREASURER, ANSWERABLE TO THE VOTERS OF ATASCADERO, I MUST COMMENT ON THE REQUESTS FOR COMMUNITY FUNDING THAT YOU ARE BEING ASKED TO VOTE ON AT THIS TIME. I BELIEVE IT IS MY RESPONSIBILITY TO ASK YOU ALL TO LOOK AT THE PRESENT FINANCIAL CONDITION OF OUR CITY AND WHAT CAN BE CONSIDERED "PRUDENT" MANAGEMENT. 2 1/` YEARS AGO, I SENT AN URGENT MEMO TO THE THEN COUNCIL MEMBERS WARNING THAT OUR EXPENDITURES WERE EXCEEDING OUR REVENUES. WE ARE LUCKY TO EVEN BE OPERATING. NOW AS A CITY- LUCKY THAT WE MANAGED TO FLOAT 3 ANNUAL TRANS THAT ALLOWED US TO HAVE OPERATING FUNDS, BUT THESE ARE BORROWED MONIES. WE ARE IN A STATE OF FLUX. WE HAVE JUST HAD A MA- JOR EMERGENCY. WE DO NOT HAVE OUR '93-'94 AUDIT REPORT , HAVE NOT YET ADOPTED A BUDGET FOR '94-'95, AND JUST RECENTLY RECEIVED OUR '92-'93 AUDIT REPORT. DOES ANYONE REMEMBER THE '92-'93 AUDIT REPORT? WE ALSO CANNOT BE SURE WHAT STATE ACTION:'MAY7RIT-76S. THE FINANCE COMMITTEE DID NOT MEET PRIOR TO LETTERS BEING SENT OUT INVITING APPLICATIONS FOR COMMUNITY FUNDING. IF WE HAD, I WOULD HAVE RECOMMENDED THAT ANY REQUESTS BE DEFERRED UNTIL WE COULD BETTER ESTABLISH THE STATE OF OUR FINANCIAL CONDITION. HOW LONG CAN WE "ROB PETER TO PAY PAUL"? SINCE I DO NOT CONSIDER IT "PRUDENT" FINANCIAL MANAGEMENT TO MAKE DONATIONS WITH BORROWED FUNDS, I WOULD ASK THE COUNCIL TO DEFER ANY COMMUNITY GRANTS--EXCEPT 2 THAT GIVE US IN KIND-MORE THAN WE GIVE IN CASH (A.A.R.P. &>C.O.C.). MIDYEAR OR JANUARY, WE WILL HAVE A BETTER IDEA AND OVERVIEW OF OUR TOTAL FINANCIAL PICTURE .AMOUNTS SUCH AS $4,000, $5,000, AND $10,000 ADD UP TO A NOT INSIGNIFICANT FIGURE. PAGE TWO , , EXHIBIT A WE NEED A RESERVE FUND, AN ESTABLISHED CONTINGENCY FUND. I COULD NAME OTHER THINGS, BUT WE CAN'T KEEP OPERATING BY THE SKIN OF OUR TEETH OR SEAT OF OUR PANTS AND DO WISHFUL THINKING. WE NEED TO FACE FACTS; TO WAIT, EVALUATE, ESTABLISH PRIORITIES, AND SEE HOW THE OUTLET CENTER HELPS US. WE NEED TO LOOK AT EFFICIENT OPERATIONS AND VERY IMPORTANTLY PRESERVE AND PROTECT OUR EXISTING ASSETS--ONE VERY IMPORTANT ONE BEING THE CONTINU- ATION OF OUR ZOO WHICH BRINGS PEOPLE TO ATASCADERO. WE ARE DEFINITELY ON THE MAP NATIONWIDE WITH ALL THE PUBLICITY OF THE FIRE. MY REQUEST TO WAIT MAY NOT BE POLITICALLY RIGHT BUT IT IS FINANCIALLY WISE, REALISTIC AND PRACTICAL. ALSO, IT MAY WELL BE TIME--UNTIL WE ARE IN A MORE FAVORABLE FINANCIAL CONDITION - TO EXPECT PEOPLE AND GROUPS TO BE MORE RESOURCEFUL AND OBTAIN FUNDING FROM PRIVATE SOURCES---SUCH AS CHURCHES AND CLUBS OR OTHER ORGANIZATIONS TO FILL THE GAP. I WISH WE COULD FUND ALL REASONABLE REQUESTS,WHETHER IT IS FOR CHILDREN, SENIORS, ANIMALS OR JUST PLAIN COMMUNITY BETTERMENT, BUT JUGGLING FUNDS BACK AND FORTH, BORROWING, ETC. , IS NOT A RATIONAL SOLUTION. LET'S TRY TO MAKE THIS CITY FINANCIALLY VIABLE AND INDEPENDENT. THEN, WE CAN AFFORD CONSIDERATION OF OTHER NEEDS. IF ANYONE HAS ANY QUESTIONS OR NEEDS FURTHER EXPLANATION, PLEASE FEEL FREE TO CONTACT ME! MURIEL "MICKI" KORBA EXHIBIT 'B" LONG TERM CARE OMBUDSMAN SERVICES OF SAN LUIS OBISPO COUNTY 520 PINEY WAY _ MORRO BAY,CALIFORNIA 93442 TELEPHONE(805) 772-3059 r2AUG 2199 . ' August 22, 1994 CITY 6F aras."ADER CITY CLERK'S C ..� Dear Mr. Scotten and Members of the Atascadero City Council. The Long Term Care Ombudsman Program of San Luis Obispo County is requesting financial aid for the 94/95 Fiscal Year. Atascadero is the most heavily served town in our County with Residential Care Facilities, Skilled Nursing Facilities, and Developmentally Disabled Adult Facilities including Adult Day Care. We acknowledge your funding participation on the back of our brochures even though we have never received your support (We keep expecting that to be corrected with each year's appfication). The Ombudsman Program is Mandated to respond to any abuse complaint in a D.D.A. facility, investigate, confirm, gather information, resolve if possible or report to the proper Agency and report findings and conclusions to Sacramento. Our Mandate for Skilled Nursing and Residential Care facilities is to accept, confirm, investigate and resolve complaints while ensuring that resident's rights are met and that they are getting the services to which they are entitled. An Ombudsman MUST be present for any Durable Power of Attorney for Health Care or any Transfer of Property to be signed_ We work cooperatively with local law enforcement, state licensing, the Attorney General's office and Adult Protective Services, facility staff, and the families of residents. Ombudsman aim to establish a rapport with they residents of long-term AAM ONAGM A NON-PROFIT UnW TAX-EXEMPTAGENCY EXHIBIT "B`_- (Skilled Nursing and Residential Care) facilities, so that each can voice concerns or complaints, trusting that confidentiality and anonymity are assured. The safety of all residents is monitored and attention is given to each resident's rights being upheld. In the past 4 years our program has averaged 10.5 volunteers in the field, visiting facilities each week. This year the number has increased to 25 and another 10 are scheduled to begin training in the Fall. Currently, 910 hours of Complaint Investigation and 25 hours of Community Education are being reported to Sacramento per month. This represents an increase of approximately 25096 over last year. In Atascadero facilities for the elderly there are 210 residents served and D.D.A. and Adult Day Care total another 711 This figure comprises 56% of the County population in long-term care facilities. A 32% "turn-over" average is experienced annually, which translates to 407 more served. Additionally, the Ombudsman office assists families and concerned loved ones by providing: Counseling, Guidance, Placement Assistance and Community Education Presentations. During this past year , Ombudsmen have also given in-Service Sessions at facilities throughout the county including Atascadero's Facilities. Program needs, along with the number of volunteers and responsibilities have increased. Therefore, this year we are requesting $1000 to help with our added expenses_ As with any Mandated.program, we lost funds this year, $6000. This grant will represent just over 1 of our total annual costs. EXHIBIT 'B' Funds received will be used for: reimbursement of volunteer mileage costs, printing, and postage incurred in mailing the myriad literature provided free upon request. Included in this category are: Durable Power of Attorney for Health Care forms, asset protection guidelines, listings of Residential Care, Skilled Nursing, and locked and Alzheimers Facilities, How to Choose a Nursing Home brochures, checklists, and much more printed matter. We are proud that the Cities in which we live and work help our Program. One helps that doesn't have a single facility in their town. We would like to include you, our most served town, in that pride of home. Thank you for your consideration. Respectfully Sub itted, p r oIs Gari D. ave Program rdin