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HomeMy WebLinkAboutMinutes 081396 Approved as Submitted Meeting Date: 9/10/96 ATASCADERO CITY COUNCIL AUGUST 13, 1996 MINUTES CLOSED SESSION: The City Council met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: 1) 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 At 6.55 p.m., the City Council adjourned Closed Session. It was noted that Closed Session would be continued until after the end of the regular session. REGULAR SESSION: The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. 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; Steve DeCamp, City Planner; Brady Cherry, Community Services Director and Bill Watton, Acting Police Chief CC 8/13/96 Page 1 PRESENTATIONS: Recognizing Bud Tanner, local contractor, and Leslie Ramsey, San Luis Obispo County Builders Exchange, for supervising the construction of Quarantine Project (Phase 1) at the Charles Paddock Zoo Mayor Highland presented plaques in appreciation for service to the community to Bud Tanner and Leslie Ramsey. COUNCIL COMMENTS: Mayor Highland announced that on July the 25th a 5-year lease for residents at Rancho Del Bordo Mobilehome Park was agreed upon. He recognized John McGoff, Jim Wolfe, Mark Egan and David Evans for their hard work in negotiating a compromise. David Evans, Western Mobilehome Park Association, thanked the Mayor and Council for the opportunity to resolve differences at two local mobilehome parks and to, further, avoid rent stabilization. He explained that the owner of Rancho Del Bordo and resident representatives had indeed agreed upon a new lease and that a meeting had been held at Hilltop Mobilehome Park. He added that while there is no rent problem at that park, there are matters of owner/tenant relations that will be addressed in a follow-up meeting. Millhollin Mine Update: Steve DeCamp provided the update and reported that while the process took longer than originally anticipated by staff, the Reclamation and Closure Plan, Operations Agreement and Environmental Assessment will be distributed in one week. COMMUNITY FORUM: Mike Inns, 8200 Pequenia, commented that the City's investigation into allegations surrounding the Police Chief is taking too long. He said that the issue is costing the City and the Police Department money and morale; and speculated that this episode will leave a black mark on those councilmembers whose terms will soon expire. Mayor Highland remarked that the issue is a difficult one and assured the public that the Council is doing all it can to resolve the matter as quickly as possible. Wendy Muller, 8200 Graves Creek Road, submitted two petitions requesting that the Police Chief be reinstated and that the City Manager be evaluated (petitions on file with the City Clerk). She asked the Council to accept the petitions, not as legal documents, but as voices of the people of the City. She said that the legal CC 8/13/96 Page 2 advice the Council is receiving is not in the best interest of the City and urged the Council to put into place a policy for the receiving of anonymous complaints. Ms. Muller also requested that the Council spend their efforts on resolving the financial problems of the City and cautioned them to use their power wisely. Cheryl Burbach, 12605 Santa Ana Road, spoke in support of reinstating the Police Chief. She noted that Chief McHale has been working with a committee of parents and school representatives to put the "Drug Free Zone" into place and shared concern about the progress of the committee without his input. ---end of public testimony--- CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - July 9, 1996 (City Clerk's recommendation: Approve) 2. CITY TREASURER'S REPORT - June, 1996 (City Treasurer's recommendation: Approve) 3. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of Business License application (American Classics) (continued from 7/9 and 7/23/96) (Staff recommendation: Adopt) 4. FINAL PARCEL MAP 95-006, 6625 NAVAJOA - Division of an existing 0.47 acre parcel into four (4) lots to accommodate residential development (Gearhart/Cannon Associates) (Staff recommendation: Approve) Councilmember Luna requested that Items #1 and 2 be pulled from the Consent Calendar. Mayor Highland pulled Item #3. MOTION: By Councilmember Bewley, seconded by Councilmember Johnson to approve Item #4; motion passed 5:0 by roll call vote. Re: Item #1. CITY COUNCIL MINUTES - July 9, 1996 Councilmember Luna requested that the Minutes be continued to the next meeting and noted an error on page 6. The Clerk so noted. By consensus, the minutes were continued until August 27, 1996. CC 8/13/96 Page 3 Re: Item #2. 2. CITY TREASURER'S REPORT - June, 1996 Councilmember Luna requested that the City Treasurer provide a report on investments. Rudy Hernandez reported that he has begun the process of moving funds from LAIF to diversify the City's investment funds. He has opened five Certificate of Deposit (CD) accounts and plans to open at least five more by the end of month. The funds amount to about a million dollars and there is more work to be done, he remarked. Mr. Hernandez indicated that he hopes that there will be a Finance Committee meeting soon and responded to Council questions regarding interest earnings. He emphasized that the City earns money on idle cash and noted that interest earned on the CDs range from 4.7 to 5.1 % MOTION: By Councilmember Carden, seconded by Councilmember Luna to approve Item #2; motion passed 5:0 by roll call vote. Re: Item #3. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of Business License application (American Classics) (continued from 7/9 and 7/23/96) The Mayor requested a roll call vote on this item. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to approve Resolution No. 63-96; motion passed 3:2 (Luna and Highland opposed). B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT 95003/ZONE CHANGE 95006, 7470 EI CAMINO REAL A. Resolution No. 73-96 - Approving an amendment to the General Plan Land Use Map designation from Office and Commercial Service to Commercial Retail at 7470 EI Camino Real (Planning Commission recommendation: Adopt) B. Ordinance No. 310 - Amending Map 17 of the official zoning maps by rezoning certain real property located at 7470 El Camino Real from Commercial Professional and Commercial Service to Commercial Retail (PD1 1) and amending the Zoning Ordinance text to create Planned Development Overly #11) (Planning Commission recommendation: Waive reading in full and introduce on first reading by title only) Steve DeCamp provided the staff report and recommendations to approve. Brief Council questions followed. CC 8/13/96 Page 4 Public Comments: Wayne LePrade, agent for applicant, spoke in favor of the staff recommendation and urged approval. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Bewley to adopt Resolution No. 73-96; motion passed 5:0 by roll call vote. MOTION: By Councilmember Carden, seconded by Councilmember Bewley to waive the reading in full and introduce Ordinance No. 310 on first reading, motion passed unanimously by roll call vote. 2. ZONE CHANGE-96001/CONDITIONAL USE PERMIT 96001, 9705 EAST FRONT ROAD A._ Ordinance No. 308 - Amending the official Zoning Ordinance text to add "Indoor Recreation Services" as an allowable use in the public zone. (Planning Commission recommendation: Waive reading in full and introduce on first reading by title only) B. Conditional Use Permit 96001 (Planning Commission recommendation: Approve) Councilmember Bewley stepped down from deliberations on this matter due to a potential conflict of interest. Steve DeCamp provided the staff report and recommended approval. He noted that the zoning change will add "indoor recreational uses" to the list of allowed uses in the (P) Public Zone and pointed out that, although typically not seen at the Council level, staff is also requesting approval of the Conditional Use Permit (CUP) as the application had been accompanied by the zone change. Public Comments: Terril Graham, 6205 Conejo Road, commented that the City is failing to follow up on building permits to ensure that projects are completed as approved. He urged staff to make sure and follow up on this particular project. Steve Dummit, applicant, spoke in support of the project and requested approval. ---end of public testimony--- CC 8/13/96 Page 5 MOTION: By Councilmember Johnson, seconded by Councilmember Luna to waive the reading in full and introduce Ordinance No. 308 on first reading by title only; motion passed 4:0 by roll call vote. MOTION: By Councilmember Johnson, seconded by Councilmember Luna to approve Conditional Use Permit 96001; motion passed 4:0 by roll call vote. Councilmember Bewley returned to the dias. C. REGULAR BUSINESS: 1. DISCUSS GIVING DIRECTION TO STAFF TO AMEND RESOLUTION NO. 122- 94 REGARDING AUTHORIZATION FOR USE OF LINE OF CREDIT AT MID- STATE BANK (Staff recommendation: Provide direction) Andy Takata explained that the City's cash flow is in good shape and because of this does not think it is necessary to continue the line of credit. The City Treasurer agreed and recommended that Resolution No. 122-94 be rescinded. There was no public comment. MOTION: By Councilmember Luna, seconded by Councilmember Carden to rescind Resolution No. 122-94; motion passed 5:0 by roll call vote. 2. RESOLUTION NO. 72-96 - Re-authorizing an amended agreement with NCI Affiliates, Inc. for operation of the Lake Park Pavilion food concession. (Parks & Recreation Commission recommendation: Adopt) Brady Cherry provided the staff report and recommended approval. He noted that the amended agreement would allow for the sale of beer and wine at the Back Porch Cafe. He clarified that NCI will carry the liquor license and noted that Item "G" of the exhibit specifies that the beer and wine may only be consumed on-sight and will not be served in disposable cups. Councilmember Johnson asked the Acting Police Chief if there are many alcohol- related incidents at the Park. Lt. Bill Watton explained that are occasional calls, most of which are in the evening. Brady Cherry explained that if staff perceives there to be a problem because of the beer and wine sales, they will notify NCI. If, the problems are not resolved, staff can bring the contract back to Council with a request that the privilege be revoked. CC 8/13/96 Page 6 Public Comments: Terril Graham, 6205 Conejo Road, spoke in opposition to beer and wine sales at the Back Porch Cafe and asserted that the City should not authorize a public facility to serve alcoholic beverages. He suggested that the request be denied and the rent lowered to assist the operator. Ray Jansen, 6655 Country Club Drive, agreed with Mr. Graham and concluded the that the sale of alcoholic beverages in the park contradicts the public's character. Denise Hughes, 7720 Cortez, manager of Back Porch Cafe, spoke in favor of the request and explained that the caf6 is primarily a training facility for people with disabilities. She reported that NCI must find a way to make the business viable and pointed out that alcohol is already allowed in the park. She indicated that she does not feel a nine-table cafe will create a problem and assured the Council that the restaurant will enforce strict guidelines regarding alcohol consumption. ---end of public testimony--- Council discussion followed. Mayor Highland commented that there has been alcohol in the park for over thirty years. NCI has done a great job, he said, and they are providing needed training services. The Mayor suggested that the Council approve the contract amendment, but find a way to exclude the beer and wine from the 15% the City receives as payment for rent. There was mutual agreement in support of the Mayor's suggestion. Councilmember Luna inquired whether or not this action would require that the contract be revised. Brady Cherry indicated that staff can amend the agreement to include language reflecting that direction from Council MOTION: By Councilmember Carden, seconded by Councilmember Bewley to adopt Resolution No. 72-96, as amended; motion passed unanimously by roll call vote. The Mayor called a recess at 8:20 p.m. The meeting reconvened at 8:32 p.m. 3. CONSIDERATION OF A RECOMMENDATION FROM THE PARKS & RECREATION COMMISSION TO ESTABLISH A MAINTENANCE ASSESSMENT DISTRICT FOR THE CHARLES PADDOCK ZOO AND ATASCADERO LAKE PARK A. RESOLUTION NO. 76-96 - Initiating proceedings to form a maintenance assessment district for Atascadero Lake Park, Charles Paddock Zoo and Atascadero Lake Park Pavilion (Parks & Recreation Commission recommendation: Adopt) CC 8/13/96 Page 7 Brady Cherry provided an in-depth staff report summarizing the issues and revenue options for the Charles Paddock Zoo. He explained that if the Council agrees to form an assessment district, revenues received will be used to supplant the General Fund. Savings from the General Fund that now go to the zoo and park would then be used to repair streets, he proposed. Mr. Cherry also noted that the Council may wish to defer action and take the matter to the voters during a special election in 1997. Council discussion followed regarding the "Joel Fox initiative and how it will impact cities if it is passed in November. The City Attorney also provided an overview of the assessment district process and responded to questions. Individual remarks followed. Mayor Highland commented that the zoo's budget has been unrealistic for sometime. There is a misconception, he said, that funding has decreased, but pointed out that, in fact, the General Fund makes up the difference each year for the zoo's deficit. The City is still supporting the zoo at a level higher than $70,000, he articulated. The Mayor spoke in favor of forming the assessment district and commented that it will provide an opportunity to determine how many folks in the community really do support the zoo. Brady Cherry responded to questions from Councilmember Luna about the number of visitors annually. -He pointed out that in addition to entry fees there are other types of revenue generated at the zoo and emphasized that the zoo is cost- effective considering what the City invests. Councilmember Luna asked staff if any consideration has been given to developing a formula similar to the Chamber of Commerce and SLO County Visitors Conference Bureau. Brady Cherry reported that the Parks & Recreation Commission looked into requesting a portion of the , transient occupancy tax, but decided against it. He noted that staff has requested that the County provide some reimbursement for educational benefits of the zoo based upon the number of school children outside of the City of Atascadero. Andy Takata noted that information is gathered about visitors to determine where people are coming from when they visit zoo. Councilmember Luna said he wants to see this information and encouraged additional studies and research. Brady Cherry summarized issues relevant to privatization and, as a final option, closure of the zoo. . Councilmember Luna inquired as to the predicted costs associated with forming the proposed assessment district. Brady Cherry reported that a contract assessment engineer would have to be hired and speculated the preliminary study would cost $20,000. Art Montandon clarified that a special election to pass a special tax requires a two-thirds vote and added that the assessment district process requires two mailings of public notices, which would add to the cost. Brady Cherry responded to additional Council questions regarding zoo membership revenues (which average 595,000/year), business sponsorships (a good idea; CC 8/13/96 Page 8 would require the adoption of a policy) and fund-raising efforts (Mr. Cherry clarified that the Zoo Society is all volunteer and a professional fund-raiser requires a contingency)• Councilmember Bewley commented that the assessment district concept would tax only the property owners and pointed out that it is not just property owners who use and enjoy the zoo. He suggested that if an assessment district is placed on the ballot, that the question take another form. He emphasized the importance of determining what is important to the citizens of Atascadero. Public Comments: Rush Kolemaine, 4580 Potrero, proposed that the Parks & Recreation Commission may have a conflict of interest because many of them are members of the SLO County Zoological Society. He commented that the assessment district would not be successful if each property owner is charged the same amount, despite their income, and suggested that the assessment be by valuation of the property. Mr. Kolemaine remarked that he has a problem with pursuing the assessment district unless there is a clear indication from the Zoo Society about why they won't accept full responsibility for the zoo when they insist on telling the City how to run it. Lee Swam, 9065 Lakeview Drive, spoke in favor of the proposal to pursue some type of outside support for zoo. He read a letter which was received by the Atascadero Community Services Foundation pledging $50,000 to the zoo by the Buttles Family Trust of Avila Beach, with an additional $10,000 pledge to the SLO County Zoological Society to be funded in January 1997. Mr. Swam noted that this pledge could be used as seed money for establishing a long-term endowment fund, a form of privatization. Mike Blackburn, resident of Atascadero speaking on behalf of Mike Phillips, said that Mr. Phillips is still interested in negotiating the privatization of the zoo. Robert Nimmo, 7375 Bella Vista Road, commented that the zoo is an important City attribute, but explained that City officials must answer the following questions: "Can a small urban community afford a zoo?" and "If we're going to ask people to vote to increase taxes, for what purpose do we ask for the increase? He commented that the City may not be able to afford the luxury of keeping the zoo open if it cannot maintain the essentials and pointed out that streets all over town are falling apart. Mr. Nimmo contended that if the City Council decides to put the assessment district on the ballot, than it should give the voters a choice about how the money will be spent. Leo Korba, 10905 Santa Ana Road, spoke in favor of considering the option of a utility tax because it includes everyone. The money, he added, can be used to CC 8/13/96 Page 9 fund the zoo, streets and others services. Councilmember Luna asked the City Attorney whether or not a utility tax adopted by the City Council would have to be ratified by a vote of the people, as a result of Proposition 62 (the "Santa Clara vs. Guardino decision"). Art Montandon advised that it probably would, but clarified that the decision is still being litigated. Jim Williamson, 10615 Realito, commented in favor of the assessment district and recommended approval. He said that deferring the matter to an election will only delay action and increase the costs to form the district. Terril Graham, 6205 Conejo Road, protested adoption of an assessment district and spoke in favor of taking the matter to the vote of the people. Paul Hood, 2755 San Fernando Road, commented that as a member of the Zoo Society Board and Vice Chair of the Parks & Recreation Commission, he believes that the formation of an assessment district is the best option for providing funding'to the zoo, lake park and pavilion, with or without a vote. Rich Scheider, resident and President of the SLO County Zoological Society, asked the City Council to keep in mind that the Society is all volunteers. He provided a report on the numbers who have visited the zoo in recent years and summarized the educational outreach program that is conducted by the Society. He indicated that he supports the assessment district formation. Bill Zimmerman, 6225 Lomitas, argued that the zoo is not luxury, but an important part of what the community is all about. He spoke in support of placing the matter on the ballot so that the public can decide whether or not they wish to subsidize the zoo. Tanny Smida, 14505 San Miguel Road in Atascadero, reported that she had recently written an open letter to the community seeking support for the zoo and urged the City Council to find a way to keep and maintain it. Bob Johnson, 3985 Rosita Avenue, emphasized that the zoo is a economic draw to the community and urged the Council to protect and develop it. Ray Jansen, 6655 Country Club Drive, asked if the assessment was a straight sum per parcel or proportional to property value. Brady Cherry explained that the preliminary estimate would be developed as part of the engineer's report. Art Montandon added that legally an assessment must be placed upon the property based on benefit and added that it cannot be calculated on the valuation of the property. CC 8/13/96 Page 10 Brian Yellan, 5660 San Jacinto, remarked that he supports either an assessment district or utility tax to ensure that Atascadero does not lose a valuable and educational tool for children. Barbie Butz, 3370 San Fernando Road, provided statistics regarding the use of the zoo by children and adults. She indicated that as a member of the Parks & Recreation Commission she supports the assessment district formation. Lois Ramont, 9154 Palomar, commented that as a zoo supporter, she would hate to see it commercialized or privatized. After looking at the budget, she said, it is easy to see that the City doesn't have enough revenue. She urged the Council to take action to enhance revenues and mentioned that she supports the theory that residents should pay for the services they receive. ---end of public testimony--- Council comments followed. Mayor Highland pointed out that the city has lost considerable money to the State, emphasized that only 16% of what the taxpayers pay is actually received by the City and noted that services have stayed the same. He said that the Council needs get an indication from the community about what services they are willing to give up and what their priorities are. Councilmember Luna proposed that the City continue to fund the zoo until the question can be put on the ballot. In the meantime, he said, he would like staff to research a formula similar to the Chamber's. Councilmember Luna also criticized staff for waiting too long to bring the matter to Council and missing the opportunity to place it on this year's ballot. Councilmember Johnson said he is reluctant to take action on a single revenue issue at this time and wants to review other options. Councilmember Bewley agreed and indicated that he is not supportive of forming an assessment district for the zoo when the City has other serious problems like streets. Councilmember Carden concurred and added that it is imperative that the City finds out how residents feel on all the issues. Brady Cherry suggested that a survey be conducted, perhaps through the local newspaper, as a method for polling residents countywide about the zoo and reported that there have been several offers by others to pay for the cost of the survey. Mayor Highland commented that surveys do not usually yield a good response and added that a vote of the people is the only valid way to get the input. Council requested that this matter, along with other revenue enhancement proposals, come back with the budget. There was consensus to take no action CC 8/13/96 Page.11 on the resolution. In addition, Council requested that staff bring back a realistic budget for the zoo. 4. ORDINANCE NO. 307 - Amending Section 4-2.1008 and adding Sections 4- 2.1009 and 4-2.1010 to the Atascadero Municipal Code, prohibiting skateboard and roller skating on public property (Staff recommendation: Adopt on second reading) Art Montandon provided the staff report and noted that the Traffic Committee would be reviewing recommendations for posting public areas in the downtown. Councilmember Carden commented that he had seen a map representing staff recommendations for posting and cannot support it because it looks like a total ban. Councilmember Luna agreed and asserted that there has to be some corridors to allow traveling to and from schools. MOTION: By Councilmember Luna seconded by Councilmember Johnson to adopt Ordinance No. 307 on second reading; motion passed 5:0 by roll call vote. D. COMMITTEE REPORTS - The following represent standing committees. Informative status reports were given as follows: 1. Council of Governments - Councilmember Carden reported that COG will be reviewing a recommendation to approve an additional $1 .00 tax per vehicle for call boxes, a project totaling approximately $190-200,000 per year. He note that this will bring the vehicle registration fee up to $5.00 and that he will vote in opposition. 2. Nacimiento Water Advisory Board - Mayor Highland reported that the board had met on August 7" and had reviewed financial data prepared by a consultant. He noted that he had placed this information on the Council counter for review. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Highland requested a projected time-frame for starting and implementing bike lanes. Andy Takata reported that prior to going to bid, public forums will be held to get input from the community, particularly because of parking impacts. It was noted that the City Engineer plans to be bringing the plans forward around October and prior to the deadline in February of 1997. Councilmember Carden mentioned that COG had just voted to extend some time-lines and suggested that staff inquire about that action. CC 8/13/96 Page 12 Councilmember Johnson reported that he will be out of the region for approximately two weeks and will miss the second meeting of the month of August. Councilmember Carden noted that he, too, would be on vacation during the same time period and would also miss the same meeting. 2. City Clerk Lee Price reported that the City-sponsored test claim for reimbursement of costs associated with a State mandate had been denied by the Commission on State Mandates at their formal hearing on July 27th. A copy of the denial would be placed in their boxes, she added. The City Clerk also requested that the City Council agree to interview candidates for the Traffic Committee on Tuesday, August 27" at 6:00 p.m. The City Council so agreed. 3. City Manager Andy Takata reported that Councilmember Johnson had shared with him some concerns regarding the Paso Robles site selected to be the location for the North County campus of Cuesta College. Brief discussion ensued. The City Council directed staff to draft a letter for the Mayor's signature expressing concern about the chosen sight and requesting that consideration be given to a different location. At 10:40 p.m., the meeting was adjourned to Closed Session. The Closed Session was adjourned at approximately 11 :00 p.m. to a special Closed Session on Wednesday, August 14th at 7:00 p.m. MINUTES RECORDED AND PREPARED BY: LEE PRICE, C.M.0 CITY CLERK CC 8/13/96 Page 13