HomeMy WebLinkAboutMinutes 062795 Approved as Submitted
Meeting Date: 7/25/95
ATASCADERO CITY COUNCIL
JUNE 27, 1995
MINUTES
CLOSED SESSION:
The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining
to:
1. Pending Litigation: Santa Lucia Neighbors Assn. v. City of Atascadero
2. Conference with labor negotiator: Agency Negotiator: Andrew Takata,
City Manager; Employee Organization: Management
Closed Session was adjourned at 6.55 p.m. There were no announcements.
REGULAR SESSION:
The Mayor called the meeting to order at 7:03 p.m. Councilperson Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Highland, Luna and Mayor Bewley
Absent: Councilmember Johnson
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Brady Cherry, Director of
Community Services; Brad Whitty, Finance Director; Bud
McHale, Police Chief; Steve Sylvester, City Engineer; John
Neil, Assistant City Engineer; Valerie Humphrey,
Engineering Department and Geoff English, Recreation
Supervisor
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COUNCIL COMMENTS:
o Recognition to Henry Engen, Community Development Director, on his
retirement
Mayor Bewley presented a plaque honoring Henry Engen for eleven years of dedicated
service to the City of Atascadero. Members of the Council expressed appreciation
and extended best wishes to him as he retires.
o Recognition to former members of City's Economic Round Table: John Himes,
Micki Korba, Robert Lilley and Jack Stinchfield
Mayor Bewley presented plaques to charter members of the Economic Round Table.
O City Council reorganization
MOTION: By Councilman Carden, seconded by Councilman Luna to
nominate Councilman Highland as Mayor; motion carried
unanimously.
MOTION: By Councilman Carden, seconded by Councilman Bewley to
nominate Councilman Johnson as Mayor Protem; motion carried
unanimously.
o Recognition to outgoing Mayor David Bewley
Mayor Highland presented a plaque expressing appreciation to Councilmember Bewley
for serving the City as Mayor.
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, shared his recent letter to the editor of
Atascadero News encouraging the re-birth of social confidence and stressed the need
for political reform.
Leo Korba, 10905 Santa Ana Road, shared his recent letters to the editor of The
Country News regarding the City Treasurer's resignation and unsolicited newspaper
distribution. Mr. Korba asked the City Council to take some action regarding the latter
(see page 11).
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
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1. CITY COUNCIL MINUTES - June 13, 1995
City Clerk recommendation: Approve
2. CITY COUNCIL MINUTES - May 23, 1995 (cont'd from 6/13/95)
City Clerk recommendation: Approve
3. RESOLUTION NO. 50-95-Authorizing certain individuals to execute documents
between the City and Mid-State Bank (cont'd from 6/13/95)
Staff recommendation: Adopt
4. RESOLUTION NO. 51-95 - Granting another designated period for two years
additional service credit (PERS)
Staff recommendation: Adopt
5. RESOLUTION NO. 52-95 - Endorsing the action of the S.L.O. County Integrated
Waste Management Authority to establish the IWMA as the local task force and
appointment of IWMA Board members as local task force representatives
Staff recommendation: Adopt
6. ESTABLISHING ANNUAL ASSESSMENTS FOR MAINTENANCE OF CERTAIN
IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT
ACT OF 1911 (STREETS & HIGHWAYS CODE SEC. 5830) FOR STREET
MAINTENANCE DISTRICTS
Staff recommendation: Adopt
A. Resolution No. 53-95 - Aguila
B. Resolution No. 54-95 - Pinal-Escarpa
C. Resolution No. 55-95 - Cayucos
D. Resolution No. 56-95 - Falda
E. Resolution No. 57-95 - Lobos
F. Resolution No. 58-95 - Sonora-Pinal
G. Resolution No. 59-95 - Maleza
H. Resolution No. 60-95 - San Fernando
7. RESOLUTION NO. 61-95 - Placing annual charges for Assessment Dist. No. 7
(Santa Rosa) on the 95/96 Property Tax rolls
Staff recommendation: Adopt
8. RESOLUTION NO. 63-95 - Placing annual charges for Assessment Dist. No. 3
(Marchant Way) on the 95/96 Property Tax rolls
Staff recommendation: Adopt
9. RESOLUTION NO. 64-95 - Placing annual charges for Assessment Dist. No. 8
(So. San Gabriel) on the 95/96 Property Tax rolls
Staff recommendation: Adopt
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10. RESOLUTION NO. 65-95 - Authorizing the second amendment to Resolution
No. 85-94, the adopted 1994-95 Fiscal Year Budget
Staff recommendation: Adopt
11. CITY COUNCIL POSITION ON Assembly Bill 318 (KATZ) - Water and power
utility rates
Staff recommendation: Concur with League of CA Cities opposition and
provide staff direction
12. CITY COUNCIL POSITION ON Senate Bill 1066 (CAMPBELL) - Development
fees
Staff recommendation: Concur with League of CA Cities opposition and
provide staff direction
13. CITY COUNCIL POSITION ON Senate Bill 1266 (KOPP) - Redevelopment: Use
of Eminent Domain
Staff recommendation: Concur with League of CA Cities opposition and
provide staff direction
Councilman Luna pulled Items #A-3 and 11 .
MOTION: By Councilman Luna, seconded by Councilman Bewley to accept
the Consent Calendar, with exceptions of Items #A-3 and 11 ;
motion passed 4:0 by roll call vote.
Re: #A-3. RESOLUTION NO. 50-95 - Authorizing certain individuals to
execute documents between the City and Mid-State Bank (cont'd
from 6/13/95)
Staff recommendation: Adopt
Councilman Luna pointed out that the Mayor's name should be changed on the
resolution.
MOTION: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 50-95; motion passed 4:0 by roll call vote.
Re: #A-11. CITY COUNCIL POSITION ON Assembly Bill 318 (KATZ) - Water
and power utility rates
Staff recommendation: Concur with League of CA Cities
opposition and provide staff direction
Councilman Luna asked for clarification about what impact AB318 would have on the
City of Atascadero. Andy Takata explained that the City's Wastewater Fund is the
only account that is likely to be affected. He noted, however, that the City does not
take surplus funds from that account and transfer them to the general fund.
Councilman Luna commented that the bill does not have a direct impact on
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Atascadero.
MOTION: By Councilman Luna, seconded by Councilman Carden to support the
League's position; motion passed 4:0.
B. PUBLIC HEARINGS:
1. RESOLUTION NO. 62-95 - Adopting sewer service charges to be added to the
1995-96 Property Tax bills
Staff recommendation: Adopt
Valerie Humphrey provided the staff report and recommendation to adopt. There were
no questions or comments from the Council or public.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 62-95; motion passed 4:0 by roil caii vote.
2. RESOLUTION NO. 42-95 - Placing delinquent annexation fees for Assessment
District No. 4 (Seperado-Cayucos) on the 1995-96 Property Tax bills
Staff recommendation: Adopt
Valerie Humphrey provided the staff report and recommendation to approve.
Responding to inquiry from Councilman Bewley, she noted that there are 95 lots
totalling approximately $75,000 in fees. She added that some property owners are
making payments while others still owe the entire $850 fee. Councilman Carden
asked if the property owners had been properly notified. Ms. Humphrey confirmed
that they had.
There was no public testimony.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 42-95; motion passed 4:0.
C. REGULAR BUSINESS:
1. AMAPOA/TECORIDA DRAINAGE - Prioritization of candidate projects, eval-
uation of alternatives discussed at the May 18, 1995, community meeting,
and interim measures to reduce flooding potential within the drainage basin
Staff recommendation: Provide staff direction
John Neil provided the staff report and summarized recommendations. Ms. Gidi
Pullen, representing the Upper Salinas/Las Tablas Resource Conservation District,
offered technical assistance in coordinating a management plan and applying for grant
funds. She pointed out that the District has submitted a request for a grant in the
amount of $25,000 for assessment of drainage areas and suggested that a
partnership be formed between the City and the District to coordinate conservation
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efforts.
John Neil responded to Council questions regarding estimated costs and funding
resources.
Public Comments:
Eric Greening, 7365 Valle, remarked that he was startled that creekway clearing had
been begun before environmental review has taken place. He observed that it is
presently nesting season and suggested an alternative for clearing the channel.
Larry Price, 8400 Azucena, thanked the Council and staff for soliciting public input
and expressed concern about on-going maintenance of the creek. He suggested a
new or specific ordinance be adopted to ensure that the channels are kept clear.
Allan Kroger, Tecorida Avenue resident, also questioned whether it was appropriate
to clear the creek channels without conducting environmental review.
---End of Public Testimony---
Staff responded to Council inquiry about the creekway clearing project currently
underway and assured all concerned that the project will be done sensitively and not
too aggressively.
Councilman Luna stated that he supports the concept of an ordinance requiring
maintenance of creek channels.
Staff reviewed the five-part recommendation outlined in the staff report and
responded to brief Council questions.
MOTION: By Councilman Carden," seconded by Councilman Bewley to
accept the staff recommendations, including prioritization, and
direct staff to proceed; motion passed 4:0.
2. ARCHITECT'S ANALYSIS REPORT ON THE YOUTH CENTER/PRINTERY
BUILDING (F.L. Henderson & Associates)
Staff recommendation: Receive report & provide staff direction
Brady Cherry introduced Frank Henderson, F.L. Henderson and Associates, who
provided an overview of the preliminary report and summarized recommendations.
The architect expressed concern about building safety and suggested that, in light of
all the major work required (including seismic retrofit and necessary improvements for
compliance with the Americans with Disabilities Act (ADA)), Council consider
constructing an addition to the building that could be used for a teen center while
seismic retrofit and other safety improvements are being constructed. Mr. Henderson
estimated the cost of this alternative to be $150,000. Brady Cherry, responding to
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Council inquiry, reported that it is anticipated that funding for an addition as proposed
would most likely be through the Community Development Block Grant program
and/or other grant sources, as well as the fundraising efforts of the Atascadero
Recreation Center Committee (ARCC).
There were no comments from the public.
Councilman Luna spoke in favor of Mr. Henderson's suggestion. Councilman Bewley
agreed. Councilman Carden expressed concern that the alternative, as proposed,
might not meet the intent of the Joint Occupancy Agreement with the Atascadero
Temple Association. Brady Cherry indicated that staff would review the agreement
to determine if there is a provision which would prevent the City from adding on to
the building.
Discussion ensued regarding present use of the building. Brady Cherry reported that
the Fire Marshall and Building Inspector have approved the building for public use
(recognizing that it is an historic building) and explained that usage has been restricted
to occasional and/or special events totalling approximately four or five times per
month. Council suggested that the building be posted with a sign or disclaimer
identifying it as an unreinforced mansonry building. Councilman Bewley
recommended that the present usage policy continue until the building has been
renovated. Councilman Carden proposed that the Fire Marshall, Building Inspector and
architect complete a joint inspection of the building make a recommendation about
usage.
By consensus, the Council directed staff to continue the present usage policy.
3. PROPOSED LOCATION FOR A SKATE PARK ON THE GROUNDS OF THE
ATASCADERO YOUTH CENTER/PRINTERY BUILDING
Staff recommendation: Approve
Brady Cherry provided the staff report and recommendation to approve. Brief Council
questions followed.
Public Comments:
Ericka Brewster, President of the North County Skate Club, read her letter of support
(included in staff report).
Eric Greening, 5th district delegate to the Citizens Transportation Advisory Committee,
spoke in support and suggested that, if installed, the park could be added to the
bus/bike route transit map to boost and promote attendance countywide.
Rick Mathews, Vice President of ARCC, urged approval, expressed appreciation to
staff and mentioned that the next fund-raiser would be a skate demonstration planned
for July 14, 1995.
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Leo Korba asked if the Police Department had any concerns. Chief McHale reported
that police staff approve because it would provide kids with an appropriate place to
skate.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilman Carden to approve
the proposed location of a skateboard/rollerblade facility on the
grounds of the Atascadero Youth Center/Printery Building; motion
passed unanimously.
At 9:15 p.m., the Mayor called a ten-minute break. The meeting resumed at 9:25
p.m.
4. S.L.O. COUNCIL OF GOVERNMENTS REQUEST FOR MODIFICATIONS TO
"SUPERVOTE" PROVISION
Staff recommendation: Approve
Councilman Carden reported that at the last meeting of the Council of Governments
(COG), no consensus among the delegates about modifying the "supervote" provision
had been reached. He explained that the COG Board is requesting that each
jurisdiction consider the approval of a revised "supervote" that would require seven
(7) affirmative votes.
Public Comments:
Eric Greening commented that he still favors the old rule (8 votes for the "supervote")
because he believes it provides for a way to reach better solutions and decisions.
---End of Public Testimony---
MOTION: By Councilman Carden to approve the modification [7 vote
standard, as proposed].
Discussion on the motion: Councilman Luna reiterated continued support for
the 8 vote standard, but noted he was willing to support the modification.
Mayor Highland expressed concern that there may still not be not unanimity.
Vote on the motion: Motion passed 4:0 by roll call vote.
5. RESIGNATION OF CITY TREASURER
Staff recommendation: Authorize City Clerk to recruit
The City Clerk provided the staff report. Councilman Luna suggested that the
recruitment and appointment be accomplished immediately in order to give the new
appointee some time to meet with the current City Treasurer. The City Attorney
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confirmed that ratification of the appointment could not be made until after September
1 st (the effective date of Ms. Korba's resignation). Councilman Carden commented
that he doesn't see the urgent need for the overlap.
Public Comments:
Robert P. Nimmo, 7375 Bella Vista Road, proposed that the Council consider action
changing the City Treasurer's position from elected to appointed and recommended,
further, that the Finance Director be appointed by the City Council as the investor of
public monies. He added that the Council should establish the investment policy and
act as the "watchdog".
Rush Kolemaine, Box 1990 Atascadero, agreed with Mr. Nimmo's comments and
remarked that the Council should look at how the City is best served; by having an
elected treasurer or an appointed one. He added that the functions of the Treasurer
and Clerk are sophisticated and suggested that City operations would be more
efficient with paid professional staff in those positions.
Micki Korba, City Treasurer, commented that the City of EI Paso de Robles recently
put a measure on the ballot asking voters to make the elected Clerk and Treasurer
seats appointed and the measure was defeated. She emphasized that the Clerk and
Treasurer should continue to be elected by voters and answer to the people.
Eric Greening thanked Micki Korba for her service to the community and stated that
he would oppose any change without a vote of the people. Mayor Highland confirmed
that it would take an election to change the positions from elected to appointed.
---End of Public Testimony---
The City Clerk pointed out that the City Treasurer has the authority to appoint
deputies and suggested that if the Council desires to make an appointment before
September 1 st, the appointee could be deputized by Ms. Korba before the Council
formalizes the appointment and Ms. Korba vacates her position.
By Council consensus, the City Clerk was authorized to open a recruitment as soon
as possible. In addition, staff was directed to bring information back to the Council
at a later date regarding a ballot measure asking the voters if they desire to make the
City Treasurer appointed versus elected.
6. RESOLUTION NO. 66-95 - Authorizing lease/purchase agreement with Bank
One Leasing to finance the purchase of two police vehicles
Staff recommendation: Adopt
Brad Whitty provided the staff report and two-part recommendation. Councilman
Luna commented that he would feel more comfortable if the matter is postponed until
after the budget is adopted and the Citizens Task Force for Economic Recovery has
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had at least their first meeting.
Staff responded to brief questions regarding the lease. Chief McHale explained that
police vehicles are in high demand and cautioned that they may not be available if the
lease is postponed.
There were no comments from public.
MOTION: By Councilman Bewley, seconded by Mayor Highland to approve
Resolution No. 66-95.
Discussion on the motion: Councilman Carden asked staff if they contacted
Atascadero Ford. The Police Chief indicated affirmatively and clarified that the
local dealership does not have the police cars available.
Vote on the motion: Motion to adopt passed 4:0 by roll call vote.
7. ORDINANCE NO. 288 -Amending Section 2-14.01 of the Atascadero Municipal
Code as it relates to when general municipal elections will be held
Staff recommendation: (1) Motion to adopt on second reading by title only
The City Clerk provided the staff report and recommendation. Councilman Luna
inquired as to how the public will be notified and asked staff to look into whether or
not costs related to the noticing will be reimbursable under the State mandated costs
reimbursement program.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Ordinance No. 288 on second reading by title only; motion passed
4:0 by roll call vote.
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments(COG)- Councilman Carden reported that
there would be no July meeting. He reported that at the next meeting
(August), the COG will discuss the Highway 41 temporary bridge at
Curbaril and requested that the Council consider a resolution providing
input as to use of the bridge.
2. Air Pollution Control District (APCD) - Mayor Highland reported that the
APCD had met briefly on June 21, 1995.
3. North County Council - Mayor Highland reported the Executive
Committee meeting scheduled for June 29th has been canceled.
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4. Integrated Waste Management Authority (IWMA) - Councilman Luna
reported that the IWMA will meet on July 14, 1995.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Bewley requested a status report on the ad hoc building committee. The
City Manager reported that staff is reviewing recommendations and noted that the
matter is planned to come back to Council in August.
Councilman Carden mentioned that San Luis Obispo County does not meet air
pollution control standards while other larger metropolitan areas do. Mayor Highland
mentioned that he would bring up this matter at the next APCD meeting. Councilman
Carden asked staff to review community recreational programs and consider how the
disabled can participate.
Councilman Luna thanked the City Treasurer for her service to the City. He also
suggested that some consideration be given to finding a more appropriate name for
the Fire Department because they are involved in more than just fire suppression.
Mayor Highland requested that Leo Korba's request for action regarding unsolicited
home delivery of newspapers be set for the next Council agenda.
2. City Clerk: Planning Commission - (2) terms expiring
The City Clerk reported that the terms of Planning Commissioners Mike Messer and
Chris Bonnema will expire September 1, 1995 and requested authorization to open a
recruitment. The recruitment was authorized.
3. City Treasurer
Micki Korba emphasized that State Law requires that the City Treasurer oversee many
matters, not just investments. She also reported that she would be out of town
during the next meeting.
4. City Manager: Request of two members of the City Council for development
of staff evaluation form
Andy Takata provided an overview of the next agenda. Councilmembers Bewley and
Luna were appointed to develop the City Manager's evaluation form.
Councilman Carden asked if any consideration is being given to re-organizing office
locations at City Hall. Andy Takata mentioned that the City's organizational structure,
including office locations, is currently being evaluated.
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THE MEETING WAS ADJOURNED AT 10:20 P.M. THE NEXT CITY COUNCIL
MEETING IS TUESDAY, JULY 11, 1995 AT 7:00 P.M.
MINUTES REC D AND PREPARED BY:
PRI , C
City Clerk
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