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HomeMy WebLinkAboutMinutes 072396 Approved as Submitted Meeting Date: 8/27/96 ATASCADERO CITY COUNCIL JULY 23, 1996 MINUTES CLOSED SESSION: The City met in Closed Session at 5:30 p.m. for purposes of discussions pertaining to: 1) CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION A) Significant exposure to litigation: One (1) case B) Initiation of litigation: One (1) case 2) CONFERENCE WITH LEGAL COUNCIL- EXISTING LITIGATION Name of case: Spansail v. City of Atascadero 3) CONFERENCE WITH LABOR NEGOTIATIOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees 4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager At 7.00 p.m., the City Council adjourned Closed Session. It was noted that Item #1 was discussed; no action taken. Items #2, 3, 4 were continued until after the end of the regular session. REGULAR SESSION: The Mayor called the meeting to order at 7:05 p.m. Councilperson Carden led the Pledge of Allegiance. CC 7/23/96 Page 1 ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager;; Art Montandon, City Attorney; Roy Hanley, Deputy City Attorney; Steve DeCamp, City Planner; Mike McCain, Fire Chief; Fred Motlo, Fire Captain and Bill Watton, Acting Police Chief COUNCIL COMMENTS: Mayor Highland congratulated Councilmember Carden for being elected as Chairman of the San Luis Obispo Council of Governments/Regional Transportation Authority. COMMUNITY FORUM: Wendy Muller, resident of Atascadero, read a prepared statement criticizing the City Council, City Manager and City Attorney for recent events involving the Community Development Block Grant (CDBG) for the Carlton Hotel and for suspension of the Police Chief (see Exhibit A). Leo Korba, 10905 Santa Ana Road, declared that the Police Chief is not above the law and if it is proved that he has violated the law, he should pay the penalty. Mr. Korba also expressed concerns about the appropriateness of recent statements made by the Mayor, who spoke on behalf of the City Council. Terril Graham, 6205 Conejo Road, commented that development has not been assessed sufficiently and asked why councils have been reluctant to make developers pay their fair share. In addition, he called for a change in the way the City evaluates staff and in the way the public evaluates its City officials. Ed Cabrera, 9050 Junipero, expressed concern regarding Council action placing the Police Chief on administrative leave. He asserted that the public's trust is at- issue and emphasized that the community deserves to feel secure when it comes to police services. He explained that petitions requesting action by the Council are being circulated and signed by citizens who trust that the Council will take note of and react to their concerns. CC 7/23/96 Page 2 Pamela Barrett, 10178 Catalpa, urged the City Council to not cut police and fire services. Jerry Lombard, 13945 San Antonio Road, requested that the Council re-consider their action to suspend the Police Chief and urged his reinstatement. Terry Graham, speaking once more, said that he personally experienced torment from the Police Chief during the 1980's when he initiated a City Council recall effort. He said that in his opinion the Police Chief has misused his position. ---end of public testimony--- A. CONSENT CALENDAR: 1 AUDITED BILLS AND PAYROLL - June, 1996 Staff recommendation: Approve) 2. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of Business License application (American Classics) (continued from 7/9/96) Staff recommendation: Adopt 3. TENTATIVE TRACT MAP 96003 - Consideration of application filed by Kelly Gearhart for the subdivision of one (1) lot containing 0.7 acres into (5) parcels ranging in size from 4,458 square feet to 8,500 square feet. Subject site is located at 7350 Morro Road and extends through to Navajoa Avenue. (Planning Commission recommendation: Approve) 4. RESOLUTION NO. 71-96 - Authorizing the execution of an agreement with the County of San Luis Obispo for the acceptance of $1 ,000 in grant funds for Stadium park (Staff recommendation: Adopt) The Mayor noted that Item #2 was not yet available and that staff requests a continuance. By mutual consent, the matter was put over until the next meeting. MOTION: By Councilmember Johnson, seconded by Councilmember Bewley to approve Items #1,3 and 4; motion carried 5:0 by roll call vote. B. PUBLIC HEARINGS 1. RESOLUTION NO. 67-96 - Placing delinquent solid waste charges on the 1996-97 property tax roll (continued from 7/9/96) (Staff recommendation: Adopt) CC 7/23/96 Page 3 Andy Takata provided the brief staff report. Michelle Velasco, representing Atascadero Waste Alternatives, was present to respond to questions. There were no comments from the Council or members of the public. MOTION: By Councilmember Luna, seconded by Councilmember Johnson to adopt Resolution No. 67-96; motion carried unanimously by roll call vote. 2. RESOLUTION 66-96 - Confirming the cost of weed abatement (Staff recommendation: (1) Hear protests (2) Adopt resolution (3) Approve administrative fee) Fred Motlo provided the staff report and responded to brief questions from the Council. Councilmember Bewley asked staff to contact the County regarding brush around Heilman Parka Mike McCain indicated that over the years, the department has attempted to gain compliance from other jurisdictions. He noted that they have had experienced cooperation with the State, but are still attempting to get the same from the County. MOTION: By Councilmember Luna, seconded by Councilmember Johnson to adopt Resolution No. 66-96; motion passed 5:0 by roll call vote. 3. ORDINANCE NO. 307 - Amending Section 4-2.1008 and adding Sections 4- 2.1009 and 4-2.1010 to the Atascadero Municipal Code, prohibiting skateboarding and roller skating on public property (Staff recommendation: Waive reading in full and introduce on first reading by title only) Art Montandon provided the staff report and responded to brief questions from the City Council Public Comments: Rush Kolemaine, 4580 Potrero Road, requested clarification about whether a violation of the ordinance is considered an infraction or misdemeanor. He also asked how a violation is prosecuted and what fines are imposed. Art Montandon explained that provisions, set forth in another part of the municipal code, specify that the fine assessed for an infraction, upon first violation, is 50$; the second offense is $100 but may go up to $250. A misdemeanor offense can be fined $1,000 and given 6 months in jail, he added. The City Attorney noted that juveniles are handled differently and pointed out that discretion is allowed for on the part of the citing officer or the prosecuting attorney, depending upon the circumstances. Mr. Kolemaine remarked that the ordinance should reference the code section that sets forth the penalty and encouraged the Council to add it. He also indicated that he hopes that there will be a system of tracking implemented to CC 7/23/96 Page 4 maintain a record of repeat offenders. Roy Hanley reported that he, the Police Department and the Court already have methods in place for this type of tracking. Susan Warren, 3556 EI Camino Real, noted that Atascadero already has an active Peer Court system and suggested that the City consider taking advantage of the opportunity by referring some violators of the skateboard ordinance to Peer Court. In addition, she reported the Skate Park Committee has three events planned for the ensuing coming months and hopes to offer more in the future. offered there. Eric Greening, 7365 Valle, expressed appreciation to the Council for being responsive to public comment and for its willingness to allow skaters to be a part of the process. He commented that the present draft is better than what was previously brought to Council. Mr. Greening commented that he thinks the reference to "misdemeanor" should be removed because it may represent selective enforcement. Rick Mathews, 6955 Navarette, said that the ordinance was a common sense approach to the problem and reported that the Skate Park Committee will encourage skaters to develop a set of etiquette and rules. ---end of public testimony--- MOTION: By Councilmember Johnson, seconded by Councilmember Luna to waive reading in full and introduce Ordinance No. 307 by title only; motion carried 5:0 by roll call vote. By unanimous agreement, the matter of posting public areas in the downtown was referred to the Traffic Committee. Councilmember Luna invited the public to attend and provide input when the matter is heard by the committee. Art Montandon suggested that a representative from the Chamber of Commerce and/or business community also attend the meeting. The City Clerk announced that a recruitment is on-going for the purpose of soliciting interested members of the public to serve as members-at-large on the Traffic Committee. That recruitment will close on August 23, 1996, she added. C. REGULAR BUSINESS: 1. ORDINANCE NO. 306 - Amending Map 6 of the Official Zoning Maps by rezoning certain real property at 4700 Traffic Way from RMF/10 to RMF/10(PD7) (ZC96002: Gearhart) (Staff recommendation: Adopt on second reading) Steve DeCamp provided the staff report and recommendation to adopt on second reading. He noted that there was some confusion about Council intention at the meeting of July 9" regarding Condition #41 (building footprint) and suggested CC 7/23/96 Page 5 that, if it was the majority of the Council's intent that 35% shall be an average, staff can draft a condition to be included with the map to clarify the issue. Councilmember Luna asked the City Attorney if the City was liable if the contractor does not pay prevailing wages. Art Montandon explained that he has a responsibility to protect the City against this type of liability and because the City would be in a partnership with the developer, he would advise that prevailing wages be paid. Steve DeCamp pointed out that the engineering estimate was not based upon paying prevailing wages. Councilmember Luna voiced concern that the City is being boxed in and may be on the hook for a larger price-tag. Art Montandon noted that the agreement with the developer will come back to Council for final approval. In response to Councilmember Luna's inquiry, the City Attorney noted that if the agreement is not approved, the map cannot be finalized. Council- member Luna remarked that he would prefer to see the agreement before taking any further action and asked if there were legal implications if the second reading of the ordinance were to be postponed. Steve DeCamp replied that the tentative map has already been approved, but is moot without the ordinance. The subdivision cannot proceed without the zoning change, he clarified. Council- member Bewley pointed out that the agreement is a condition of approval and reiterated a desire to study the cost to complete the entire drainage solution as part of the budget review for the 1996-97 fiscal year. Public Comments: Donald Jones, 4585 Viscano, contended that the conditions of approval keep changing and urged the City Council to postpone a decision. Eric Greening spoke in favor of delaying adoption of the ordinance until the Council has seen and approved the agreement. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Bewley to adopt Ordinance No. 306 on second reading with the condition that the contract comes back for Council approval. Discussion and amendment to motion: Councilmember Johnson asked that the language of Condition #41 be clarified to include that the 35% building footprint is an average throughout the project. Motion was amended to include this direction to staff. Vote on the motion: Motion to adopt Ordinance No. 306 on second reading and to amend Condition #41 of the Conditions of Approval passed 4:1 (Councilmember Luna opposed). CC 7/23/96 Page 6 D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows.): 1. S.L.O. Council of Govern ments/S.L.0. Regional Transit Authority - Councilmember Carden reported that there will be no meetings in July and explained that, as Chairman of COG, he will attend the Western States Council of Governments conference later this week. 2. Air Pollution Control District Mayor Highland reported that the APCD will meet on July 241H 3. North County Council - Mayor Highland explained that the executive committee will meet in September. 4. Ad Hoc Regional Water Management Committee - Mayor Highland announced that the next meeting will be in September. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Johnson requested that staff provide more timely distribution of press releases following Closed Sessions in which there is action to report. 2. City Manager Andy Takata mentioned that two councilmembers (Johnson and Carden) will be absent from the meeting of August 27th and noted that it will be necessary to have all three other members of Council present to ensure a quorum. The City Council adjourned to Closed Session at 8:22 p.m. to resume discussions regarding Items #2, 3 & 4. Closed Session was adjourned at approximately 11:00 p.m. Items #3 & 4 were continued to a Special Closed Session on Tuesday, August 30, 1996 at 5:30 p.m. THE NEXT REGULAR MEETING OF THE CITY COUNCIL WILL BE TUESDAY, AUGUST 13, 1996 AT 7:00 P.M. MINUTES RECORDED AND PREPARED BY: LEE PRICE, C.M.0 CITY CLERK Attachment: Exhibit A (Muller) CC 7/23/96 Page 7 CC 7/23/96 EXHIBIT A Page 1 of 2 Good evening, Mr. Mayor and the City Council, My name is Wendy Muller. I have lived in Atascadero for over 11 years and I love this city. I am greatly concerned about the current financial state of our town and finally felt compelled to speak publicly to the City Council.,I am here and must express my anger and bewilderment with the City Manager, City Attorney and City Council. It appears that Atascadero has some very big problems: 1 Because of mismanagement of our funds,our city lost millions in an investment debaucle in Orange County. We may or may not get any of that money back. Someone must take responsibility for this mess. 2. Because of mismanagement and incompetence,we lost grant funds intended to retrofit the Carlton Hotel. The funds were given improperly to the contractor, proper procedures were not followed and the County wants the entire$100,000 back-Guess what? We don't have it. Again, someone must take responsibility for this embarassing mess. 3. Because of political aspirations and vengeful personal vendettas,our police chief was suspended and ordered to remain at home from 8-5 M-F. What are you thinking? Where's the proof before punishment. These actions were taken due to the accusations of a barely literate letter from a non-existent person who gave a non-existent address. In a court of law, such a letter would be summarily dismissed and paid no creedence. This city needs its police chief back at work. This sort of Krelimesque action against Chief McHale is unacceptable to me Something is really wrong here at City Hall. I thought we lived in Amercia. 4. There are funds being mishandled and placed in departments where they do not belong. Designated grants can be messed with in such a manner. The State and Federal gov't. get really cranky when people don't follow their rules. Just what is going on here.? In my mind,the buck stops squarely on Andy Takata and Art Montandon's desks. Our city is like a large corporation. The City Manager is like a CEO. The city attorney is like the in- house counsel and the city council is like the Board of Directors. The citizens of Atascadero are the shareholders in the corporation. We are tired of our money being lost and mishandled by the administration Our Board has been given bad advice by both the CEO and legal counsel (Takata and Montandon). The shareholders(us)have lost a lot of money because of the ineptitude and failures of the two people who have been hired to know better. We trusted them to take care of our money and look out for the best interest of our city. The one single department which is run efficiently has had its dept. head suspended. Why? It looks to me like the wrong people were removed. CC 7/23/96 EXHIBIT A " Page 2 of 2 We cannot have such financial chaos and expect the city to remain in business. We cannot keep buying buildings, land and other interests just because people want to. That is irresponsible and based in fantasy. We have a city attorney who has accused Chief McHale of conflict of interest. I'm personally glad that the Chief chose to buy his car locally. I don't buy mine locally, but I think he sets a good example. I believe that Mr.Takata got his leased car from Atas. Ford,too. Did he follow competitive bid procedures? Perhaps because he is friends with the current owner,there is conflict of interest. What about the memo sent by Mr. Montandon to the City Manager and to all the officers on the police dept. to their homes threatening a civil ldwsuit if they did not handle a particular criminal case the way he wished. This was done in the name of the city attorney. Have you seen this memo? You should. Things are very strange here in City Hall The City Manager and City Attorney have lost their objectivity and do not have our best interests at heart. They violated our trust. They lost our money by actions which are unforgiveable and just wrong. Now, Mr. Takata is proposing to raise our taxes to pay for the incompentent actions of his office and the City Attorney's office. They better raise it a bunch because the law suits are going to be stacking up thanks to these two. Mr. Montandon has been in office too long and interjected himself into the politics of our city. As our city attorney, this is not acceptable. Objectivity is necessary and vital to the performance of his job. t e I propose that this city hire a new city manager, perhaps more qualified o do the job P P tY tY g � P P 4 J with which they are entrusted. I also propose that the City Attorney's contract not be renewed and perhaps the contract should be rotated unless the legal counsel proves they will not get personally involved in city politics. Lastly, Chief Bud McHale needs to be back on the job yesterday. This city needs him, not a Public Safety Dept. If you try to do this in this city,I will fight it. We incorporated for a reason, and having the police department was number one. Chief McHale has led this city into the safe zone we know and love. My kids can walk downtown safely__—They know many officers personally and-that's a nice feeling. Please reconsider your previous action and put the Chief back on the job now. Thank you.