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HomeMy WebLinkAboutMinutes 101095 Approved as Submitted Meeting Date: 11/14/95 ATASCADERO CITY COUNCIL OCTOBER 10, 1995 MINUTES INTERVIEWS (Open) - 5:30 P.M. (4th Floor Club Rm.): The special session was called to order at 5:40 p.m. for the purpose of interviewing candidates for City Treasurer. Present were Councilmembers Carden, Johnson, Luna, Mayor Highland, the City Clerk and City Manager. Councilmember Bewley was absent. A. Interview candidates for City Treasurer B. Select, by ballot, one C. Resolution No. 97-95 - Formalizing the appointment The City Clerk announced that candidate John Grden had withdrawn. Interviewed were citizens Dale Freer, Craig Dingman and Rudy Hernandez. Rudy Hernandez was chosen unanimously by ballot and announced by the City Clerk. MOTION: By Councilman Luna, seconded by Councilman Carden to adopt Resolution No. 97-95 formally appointing Rudy Hernandez as the City's Treasurer; motion carried 4:0. CLOSED SESSION - 6:30 P.M. (4th Floor Club Rm.): The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Andrew Takata Employee organizations: Mid-Management Professional, Atascadero Fire Captains, Atascadero Firefighters, Atascadero Sergeants Service Organization, Atascadero Police Officers Association, Atascadero Public Safety Technicians Organization, Service Employees International Union Local 817 CC 10/10/95 Page 1 Closed Session was adjourned at approximately 6.45 p.m. The City Council gave direction to the City Manager relative to employee negotiations. REGULAR SESSION: The Mayor called the regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Johnson, Luna and Mayor Highland (Councilmember Bewley arrived at 7:40 p.m.) Absent: None Also Present: Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney; Brady Cherry, Brad Whitty, Finance Director; Mike McCain, Fire Chief; Lt. John Barlow, Police Department; Doug Davidson, Senior Planner and John Neil, Assistant City Engineer PRESENTATIONS: O Presentation to outgoing elected City Treasurer, Micki Korba The Mayor presented a plaque in appreciation to Micki Korba for her service to the community as the elected City Treasurer for the past five and one-half years. O Administration of Oath of Office to incoming appointed City Treasurer The City Clerk administered the Oath of Office to Rudy Hernandez. o Department of Forestry presentation to City for participation in Community Forest Strategic Planning Process workshops This presentation was continued to a future meeting. o Presentation to Kiwanis Club for Lake Park Gazebo Restoration Project The Mayor presented a plaque to members of the local Kiwanis Club for their CC 10/10/95 Page 2 community service. Accepting were Bonnie Scott, Bob Maxwell, Jack Scott, Eileen Allan and Joe Dominico. O Proclamation observing "Pornography Awareness Week", 10/29-11/5/95 This proclamation was accepted by resident Tom Austin representing the Atascadero Citizens Coalition Against Pornography. o Proclamation observing "Red Ribbon Week", 10/23-10/31, 1995 Lana Adams of the Atascadero Youth Task Force and Atascadero High School students representing "Friday Night Live" and SADD (Students Against Drunk Driving) accepted. o City Attorney Department Status Reports: (1) Millhollin Mine and (2) Adult Book Store Art Montandon reported that staff received a letter from legal counsel representing mine owners Glenn and Darlene Millhollin dated October 10, 1995 which indicates that they no longer wish to proceed with a development plan and agreement if an Environmental Impact Report (EIR) is required. He explained that the letter requests that the Council consider waiving estimated fees of approximately $1,500 relative to the EIR that they be given some assurances that they will not be required to do some road and bridge improvements as a part of the development plan. Mr. Montandon advised the Council of their options: 1) To do nothing (He reported that staff's position has been that an EIR is required and unless funds are received to conduct the review, the application will be deemed withdrawn), or 2) Bring the Millhollin's request back at the next meeting for discussion and/or consideration. The City Council directed staff to bring the Millhollin's request back at the next regular Council meeting. The City Manager provided a brief status report on the application for an adult bookstore in the downtown. He commented that Deputy City Attorney Roy Hanley is working on an ordinance to bring forward and announced that Janet LaRue, Senior Attorney with the National Law Center for Children and Families will be speaking at a community meeting on October 26, 1995. Mr. Takata also mentioned that previously reported citizen concerns regarding construction in the building and illegal parking have been looked into by staff. He reported that, with the exception of core sampling allowed for structural analysis, no work has been done prematurely. In addition, he noted that trucks parked for extended periods of time in the front of the building have been those of painters completing tasks at the adjacent building. CC 10/10/95 Page 3 COMMUNITY FORUM: Jim Edwards, Atascadero's Citizens Transportation Advisory Committee representa- tive, provided an update on the September 18, 1995 meeting. He commented that he had not attended due to illness and reported that the committee, to his disappointment, had voted to support the Cuesta Grade widening project as the region's highest priority project. He noted that if the Highway 41 realignment project is delayed and further postponed until the Highway 41/101 interchange is improved, there may be projects in the South County that will take precedence. He noted that he will attend the San Luis Obispo Council of Governments meeting on the following day to voice his concerns. Michael Kovacs, 14439 Mesa Road, remarked that taxpayers should be entitled to a refund if the Atascadero Unified School District has a surplus of funds as indicated in the newspaper. He also commented that he was surprised to see an individual member speak in support of hiring an economic developer when there already is substantial, relative expertise by members of staff, on the City Council and in the community. Rush Kolemaine, 4850 Potrero Road, argued the recommendation to hire an economic developer did not come from one member of the Council, but rather after eight months of public hearings on the City's Economic Development Element. He asserted that the issue really is now moot because the Council did not fund the position in this year's budget. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - September 26, 1995 Staff & City Clerk's recommendation: Approve 2. APPROVAL OF WARRANTS FOR THE MONTH OF SEPTEMBER, 1995 Staff recommendation: Approve 3. RESOLUTION NO. 87-95-Establishing authorized positions and salary schedule for Fiscal Year 1995/96 Staff recommendation: Adopt 4. RESOLUTION NO. 89-95 - Authorizing acceptance of a 2.5-foot drainage easement contiguous to the easterly boundary of Tract 2103 Staff recommendation: Adopt CC 10/10/95 Page 4 5. RESOLUTION NO. 91-95 - Authorizing the filing of a claim for Local Transportation Funds and State Transit Assistance Funds in compliance with the Transportation Development Act Staff recommendation: Adopt 6. AUTHORIZING APPLICATIONS FOR REGIONAL STATE HIGHWAY ACCOUNT (SHA) FUNDING: Staff recommendation: Adopt A. Resolution No. 98-95 - Pavement evaluation/survey program B. Resolution No. 99-95 - Traffic Way bikeway preliminary engineering C. Resolution No. 100-95 - EI Camino Real bikeway preliminary engineering D. Resolution No. 101-95 - Traffic Way Bikeway construction engineering E. Resolution No. 102-95 - EI Camino Real bikeway construction engineering F. Resolution No. 103-95 - Urgent storm damage repairs 7. AUTHORIZING APPLICATIONS FOR TRANSPORTATION EFFICIENCY ACT (TEA) FUNDING: Staff recommendation: Adopt A. Resolution No. 95-95 - EI Camino Real bikeway project B. Resolution No. 96-95 - Traffic Way Bikeway project 8. TENTATIVE TRACT MAP 95001, 8805 ATASCADERO AVE. - Subdivision of two existing parcels into five lots for single family residential use (Fisher/Burton) Planning Commission recommendation: Approve 9. FINAL TRACT MAP 92002, 5100 SAN ANSELMO - Subdivision of one 5.3-acre parcel into four residential lots containing approximately 1 .0 acres each and one lot containing approximately 1 .5 acres. (Gearhart/Wilson Land Surveys) Staff recommendation: Approve (cont'd from 9/26/95) Councilman Carden commented that he would be abstaining from the vote on Item #A-1 (Minutes) due to absence from the meeting. Rush Kolemaine pulled Items #A- 6(c), A-6(e) and A-7(a). MOTION: By Councilman Luna, seconded by Councilman Johnson to approve the Minutes of September 26, 1995; motion passed 3:0 CC 10/10/95 Page 5 MOTION: By Councilman Luna, seconded by Councilman Carden to approve Items #A-2, 3, 4, 5, 6(a)(b)(d)(e) and 7(b); motion passed 4:0 by roll call. At 7.40 p.m., Councilman Bewley arrived. Re: Items #A-6(c)&(d) and Item #A-7(a): Rush Kolemaine indicated that his concern was that business owners and managers on EI Camino Real should have input into the decisions being made about the proposed bikeways. John Neil, Assistant City Engineer, reported that plans have not yet been developed and explained that staff is seeking to acquire grant funds at this preliminary stage. He emphasized that conceptual plans will be presented for public review and inspection before any formal decision are reached. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve Items #A-6(c)&(e) and Item #A-7(a); motion carried 5.0 by roll cal!vote. B. PUBLIC HEARINGS: 1. APPEAL OF APPROVED BUSINESS LICENSE AMENDMENT, 7377 EL CAMINO REAL - Appeal of amendment allowing outdoor dining at the Village Caffe Planning Commission recommendation: Deny Doug Davidson provided the staff report and recommendation to deny. He summarized staff's position and pointed out that there is no new parking, no setback violations and no new or intensified lighting at the Village Caffe. He indicated that staff is working with Taco Bell on a compliance/enforcement issue regarding lighting and with Adobe Plaza management to reduce and re-direct light in the complex. He reported that management had also voluntarily installed new landscaping and extended wood fencing in the rear of the plaza, as well as enhanced the original landscaping. Art Montandon addressed written comments submitted by the appellant in his letter of October 5, 1995. Council questions followed. Public Comments: David Graham, 7350 Santa Ysabel, spoke in support of his appeal. He compared critical points relative to residential and commercial setbacks, relayed concerns regarding building height and reported that additional problems have arisen in the alleyway because of issues relating to drainage and trash disposal. Councilman Johnson asked the appellant if the added fence and shielding of lights has mitigated CC 10/10/95 Page 6 any of his concerns. Mr. Graham indicated that although shielding the lights in the plaza has helped, the lights in the dining area are not shielded. He reiterated that outdoor dining at the caffe has impeded upon his privacy. Ted Monmonier, Barranco Road resident, spoke in support of the appeal and urged the Council to uphold it. Bob Nimmo, 7375 Bella Vista Road, requested denial of the appeal and commented that if the appeal is upheld despite staff recommendations, it will send the wrong message to business owners who want to improve and enhance the physical appearance of their establishments. Steve Wing, Manager of the Adobe Plaza, noted that he has tried to address Mr. Graham's concerns and work with him as a neighbor. He summarized the mitigations measures that have been taken and added that he is still willing to work with the neighboring residents on issues of concern. In response to Council inquiry, Mr. Wing reported that the caff6 has offered not to serve on the patio past 9:00 p.m. Lt. Barlow noted that after 10:00 p.m., law allows for the Police Department to deal with excessive levels of noise. ---End of Public Testimony--- MOTION: By Councilman Carden, seconded by Councilman Bewley to deny the appeal based on findings of the Planning Commission; motion passed 5:0 by roll call vote. The Mayor called a recess at 8:17 p.m. The meeting was reconvened at 8:30 p.m. C. REGULAR BUSINESS: 1. PRESENTATION OF PROPOSED REVISIONS TO TITLE 9 OF THE COUNTY CODE RELATIVE TO REGULATION OF ANIMALS Staff recommendation: Provide staff direction Lt. John Barlow presented the staff report and summarized revisions. He emphasized that the fiscal impacts are not known at this time and pointed out that feedback to the Board of Supervisors must be received no later than October 17, 1995 for a public hearing on November 7th. Council comments followed. Mayor Highland speculated that there will be increased costs to cities who contract for animal services. Councilman Johnson commented that the Council needs to have a definitive explanation of the fiscal impacts before CC 10/10/95 Page 7 moving forward. Councilman Luna agreed and added that cities need to know how the costs will be distributed, including in the unincorporated areas of the County. Lt. Barlow outlined four price packages offered by the County and reported that the City currently contracts with the County for full service. He noted that the costs are billed out per capita and suggested that the only way to save costs is to slide down to a lower level of service. Councilman Carden asked the City Attorney if the City could adopt only certain portions of the County's ordinance. Art Montandon advised that the City would have to adopt the County's ordinance in some manner or it will be in violation of the terms of the existing contract. Councilman Luna commented that the matter is more than a pet issue and emphasized that there are public health and safety issues involved. He spoke in favor of writing a letter to the Board of Supervisors requesting fiscal analysis. Public Comments: Susan Marsh, 3655 Monterey Road, spoke in support of adoption and asked the Council to consider the fact that the ordinance is supported by a great many citizens of Atascadero. She recognized that there are some one-time purchases and spoke strongly in favor of the public humane education component of the document. Daphne Fahsing, 5105 Llano Road, agreed that a decision cannot be reached without considering the associated costs and spoke in support of acquiring the input of the public on the matter. She shared concerns regarding proposed cuts to the Pet Spay/Neuter Program and requested that the City Council hold a public hearing before the Board of Supervisor's meeting of November 7th. The City Manager noted that the City of Atascadero is one of the few cities have continued the Spay/Neuter Program. Jim Edwards, 2800 EI Camino Real, suggested consideration of seeking voluntary educational assistance through professional breeder associations and related professionals rather than funding and hiring someone specific for the position. Michael Kovacs urged the City Council to let the Board of Supervisors know if service levels are inadequate and encouraged cities county-wide to unite in opposition to further bureaucracy. ---End of Public Testimony--- By mutual consent, the City Council directed staff to draft a letter to the County CC 10/10/95 Page 8 Board of Supervisors requesting fiscal analysis, urging fiscal prudence, requesting consideration of public/private partnerships in the area of humane education and encouraging the preparation of, for public inspection, a synopsis of the document and how it will impact communities. 2. AUTHORIZE PLEDGE TO FRIENDS OF THE LIBRARY - Request for $35,000 to be set aside as a certificate of deposit, designated for Atascadero Library expansion Staff recommendation: Approve Brad Whitty provided the staff report and recommendation to approve. Public Comments: Sarah Gronstrand, 7620 Del Rio Road, responded to questions from the Council regarding the financial status of fund-raising efforts and construction plans for the Library expansion. ---End of Public Testimony--- Brief discussion ensued. MOTION: By Councilman Carden, seconded by Councilman Bewley to put the money [$35,000] into a certificate of deposit that will expire on 6/1/96 and thereafter into a 90-day note. Discussion on the motion: Councilman Luna questioned the intent of a 90-day note. He noted that the funds will still be in the name of the City of Atascadero and, therefore, the "trust" issue remains the same. Mayor Highland contended that the proposed action will demonstrate trust and affirm Council's commitment to the funds. Vote on the motion: Motion passed 5:0 by roll call vote. 3. RESOLUTION NO. 104-95 - Supporting establishment of a Regional Network Consortium Staff recommendation: Adopt Andy provided the staff report and recommendation to adopt. He emphasized that there is no cost to the City to join. CC 10/10/95 Page 9 Mayor Highland pointed out that there will be in-direct costs associated with staff attending meetings. Public Comments: Rush Kolemaine recommended that the Council question the Council of Governments (COG) about what it is they are proposing that isn't already being proposed by the county-wide Consortium for Community Media. He communicated that while he is supportive of participation, he is also leery of apparent rivalry between two branches of government and suggested that no action be taken at this time until COG can provide an explanation. Public Comments: Councilman Luna indicated that the funding sources for the county-wide Consortium and the one being proposed by COG are separate: The Consortium being funded by cable franchise fees while monies to support the proposed network consortium would come from CalTrans. Councilman Carden pointed out that once the study is funded, there will not be any additional funding from CalTrans. Councilman Johnson expressed concern about unforeseen costs and proposed that the matter be sent back to COG for additional information. Councilman Luna asserted that he will not vote to support the resolution and would prefer to see the City Council send a letter to COG staff requesting an explanation of what is being proposed that's different from what the county-wide consortium is capable of doing. By mutual consent, no action was taken on the matter and staff was directed to draft a letter for the mayor's signature requesting more information from COG. 4. RESOLUTION NO. 94-95 -Authorizing a lease/purchase agreement with Master Body Sales & Service, Inc., for one four-wheel drive brush fire engine Staff recommendation: Adopt Chief McCain provided the staff report and a revised recommendation to replace the brush fire engine with a two-wheel drive (rather than four-wheel drive) brush engine. He noted that the vehicle can perform a dual role for the time being, but cautioned that there will be a need to purchase a four-wheel drive truck in the future. Brief Council questions followed. MOTION: By Councilman Luna, seconded by Councilman Carden to adopt Resolution No. 94-95; motion passed 5:0 by roll call vote. CC 10/10/95 Page 10