HomeMy WebLinkAboutMinutes 091096 Approved as Submitted
Meeting Date: 10/22/96
ATASCADERO CITY COUNCIL
SEPTEMBER 10, 1996
MINUTES
The Mayor called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Steve
DeCamp, City Planner; Doug Davidson, Senior Planner; Lt.
Bill Watton, Acting Police Chief; John Neil, Assistant City
Engineer; Mark Markwort, Chief of Wastewater Operations;
Alicia Lara, Personnel Analyst and David Foote,
Environmental Impact Report Consultant
PRESENTATIONS:
• Presentation by Commander Bob Gruber, VFW Post 2814, of "Missing In
Action" Flag and plaque to City in recognition of MIA Week, 9/15-9/21/96 -
The Mayor accepted the flag on behalf of the City.
• Recognition to Atascadero Waste Alternatives, Inc. (formerly Wil-Mar Disposal)
and the Atascadero Recycling Committee for efforts in achieving a 50% waste
reduction in Atascadero - Kelly Heffernon and Michelle Velasco accepted
plaques presented by Councilmember Luna.
• Proclaim September, 1996, "U.S. Constitution Observance Month" (California
Masons) - Mike McCain accepted the proclamation on behalf of the local
Masonic Temple.
CC 9/10/96
Page 1
COMMUNITY FORUM
The Mayor indicated that public testimony would be limoted to three (3) minutes
this evening.
Ken Molett, 4815 Arizona, shared concern about the Carlton Hotel, vacancies in
the downtown and the opening of an adult bookstore.
Margot Fertschneider, 7500 Santa Ynez, reported that there is a local effort to
encourage Falcon Cable TV to carry the Faith and Values Channel and urged the
Council to lend support.
Wendy Muller, 8200 Graves Creek Road, explained that she and her husband had
retained the services of an attorney and read his letter (see Exhibit A).
Terrill Graham, 6205 Conejo Road, argued that due process of law has been
changed by the whim of the Council by changing the testimony time from three to
five minutes.
Cheryl Burbach, 12605 Santa Ana, asked the City Council to stand firm on their
commitment to the local PTSA to support the drug-free zone.
Donna Williams, local resident, spoke in support of police services and requested
that the Police Chief be restored to his office.
Emille LeSalle, 8900 San Diego Road, criticized the site selected for the North
County Campus of Cuesta College and questioned why Atascadero had not been
represented during the selection process. The Mayor noted that the Council has
taken a position on the matter and sent a letter to Cuesta College asking that more
consideration be given to a more centrally located site.
Joseph Curtis, 5170 Fresno Ave., shared concerns regarding the City's financial
situation.
Mary Walsh, 9630 Santa Lucia, encouraged the City Council to reinstate Bud
McHale as the Police Chief and asked why the City Manager is now serving as the
Finance Director.
Rollin Dexter, 5535 Nogales, urged the Council to bring a speedy resolution to the
issues surrounding the Police Department and its chief.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - August 13, 1996
(City Clerk's recommendation: Approve)
CC 9/10/96
Page 2
2. CITY COUNCIL MINUTES - August 27, 1996
(City Clerk's recommendation: Approve)
3. RESOLUTION NO. 80-96 - Authorizing a lease agreement with Superior
Office Systems for photocopiers
(Staff recommendation: Adopt)
4. RESOLUTION NO. 81-96 - Authorizing an agreement with Cooperative
Personnel Services for testing services
(Staff recommendation: Adopt)
5. RESOLUTION NO. 82-96 - Authorizing an agreement with the CA
Commission on Peace Officer Standards &Training (POST) for testing
services
(Staff recommendation: Adopt)
Councilmembers Johnson and Carden noted that they would abstain from #A-2
because of absence. Councilmember Johnson pulled #A-3. Rush Kolemaine
requested that Item #A-4 be pulled.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to approve Items #A-1 and 5; motion passed 5.0 by roll call vote.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to approve Item #A-2; motion passed 3:0 (Carden, Johnson abstained).
Re: #A-3. RESOLUTION NO. 80-96 - Authorizing a lease agreement with
Superior Office Systems for photocopiers
(Staff recommendation: Adopt)
At the request of Councilmember Johnson, Alicia Lara provided additional
information and clarified that the lease options will provide a cost savings and a
higher level of efficiency. Councilmember Luna suggested that the staff reports
contain all bids.
Public Comments:
Rush Kolemaine, 4850 Potrero Road, summarized concerns highlighted in his
memo to the City Council (see Exhibit B) about this and Item #A-4 and suggested
that the matters be referred back to staff.
---end of public testimony---
There was a consensus to continue this matter until after the City Council has an
opportunity to review the 1996/97 Fiscal Year budget.
Re: #4: RESOLUTION NO. 81-96 - Authorizing an agreement with Cooperative
CC 9/10/96
Page 3
Personnel Services for testing services
(Staff recommendation: Adopt)
Alicia Lara explained that the costs amount to less than $1,000 per year and are
approved on an annual basis. In addition, she clarified that there are no local
suppliers for this type of service.
Public Comments:
Terril Graham commented that he agrees with speaker Rush Kolemaine's analysis.
---end of public testimony---
Councilmember Carden asked the City Manager if both items were included in the
budget. Andy Takata noted that they were. Councilmember Carden asserted that
all the appropriate steps have been followed and encouraged the Council to rely
upon the expertise and research conducted by staff.
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to approve Resolution 81-96; motion passed unanimously by roll call
vote.
B. PUBLIC HEARINGS:
1. DISCUSS CITY REORGANIZATION
(Staff recommendation: Request direction)
The City Manager provided an in-depth staff report and summarized various
options for City re-organization. Council comments followed.
Councilmember Luna asserted that he was opposed to a radical re-organization
without the benefit of an audit or an approved budget for the current fiscal year.
Using overhead transparencies, he outlined a proposal for zero-based budgeting
with no lay-offs (see Exhibit Q.
Councilmember Carden suggested that options regarding the Police Department be
deferred until the next meeting as a result of new information provided by the
bargaining units. Councilmembers Johnson and Bewley agreed.
Individual reports from Department Heads fol/owed.
Lt. Watton, Acting Police Chief, noted that it would be wise to defer approving
any re-organization plan for the Police Department until the issue regarding the
Police Chief is resolved. He indicated that the department can cut spending in
areas other than staffing and explained that if positions must be cut, he would
prefer them to be the two police officer positions presently vacant. He urged the
City Council to retain all full-time employees citywide.
CC 9/10/96
Page 4
Fire Chief Mike McCain commented that mid-manager positions are important to
the organization and requested that the Council not eliminate the positions of Fire
Marshal and Police Lieutenant.
Brady Cherry, Director of Community Services, emphasized that the City cannot
afford to borrow any more money from the wastewater enterprise fund and
stressed that the City's street maintenance program is unacceptable. He
suggested that some of the departmental lines be erased and spoke in favor of
employee cross-training.
Steve DeCamp, City Planner/Acting Community Development Director, asserted
that a qualified individual is needed to inspect septic systems and other aspects of
development and issued caution that the department may not be able to meet the
needs of the building industry in the community if the position of plan check
engineer is eliminated. He also noted that the department will equally be impacted
if the position of city planner is sacrificed and explained that plan review turn
around times and proactive advance planning are key responsibilities of that job.
In closing, he recommended that the position of Community Development Director
be filled and suggested that the Council postpone any staffing for Economic
Development Director at this time.
Rudy Hernandez, City Treasurer, encouraged the Council to avoid-lay-offs and
suggested that consideration be given to a mandatory work furlough program
whereby City Hall would be closed one day per month to save costs.
The Mayor declared a recess at 9:12 p.m. At 9:22 p.m., the meeting resumed.
Representatives from Employee Bargaining Units addressed the City Council:
Mark Markwort, President of the Mid-Managers/Professional Bargaining Unit, noted
that he had permission to use the names of specific employees and urged the City
Council to appoint Steve DeCamp to the position of Community Development
Director permanently and appoint Calvin Fernandes as the Building Official. In
addition, he urged the Council to retain the positions of Support Services Manager
and Police Lieutenant in the Police Department, and recommended further that
positions city-wide now vacant be filled when the fiscal condition is stabilized.
Cynthia Reid, representing the Atascadero Police Officers Association, explained
that employees have offered alternatives like early retirements, reduction in
benefits and voluntary demotions and urged consideration of these kinds of
options.
Sandi Ford, Service Employees International Union (SEIU), shared concern about
clerical and maintenance staff. She observed that the City is already down to
"bare bones" and cannot afford to lose any more employees.
CC 9/10/96
Page 5
Public Comments:
Rush Kolemaine commented that he believes the City's budget can be reduced by
looking more closely at line items and by not approving any new requests.
Dorothy McNeil, 8765 Sierra Vista, remarked that the City Manager has paid no
attention to the recommendations of the Economic Recovery Task Force (ERFT)
and questioned why proposals for re-organization are even being considered when
the City has not yet adopted a fiscal budget.
Jackie Vanderpool, 9191 San Diego Way, stated that she is opposed to cuts in the
Police Department and urged the Council to take the ERTF report into
consideration. In addition, she asserted that she is against the Council giving the
City Manager any more power because he already has too much authority.
Eric Greening, 7365 Valle, shared concern that there may have been a Brown Act
violation if the Council discussed reorganization/lay-offs without the benefit of the
public being properly notified. He suggested that other alternatives,'be reviewed
before the option of lay-offs and encouraged the Council to give consideration to
revenue enhancement.
Ann Banks, 10690 Colorado Road, explained that the characteristics of the
community is what drew her family to Atascadero and as a 10-year employee in
the Police Department, she wants what is best for the community. She asserted
that it is time to move forward with a sound fiscal plan and-pointed out that
employees are still willing to work with administration 'and the Council.
Diane Robinson, local resident, requested that the Police Chief be reinstated and
commented that the City needs to be managed more like the Police Department.
Anne McMahon, Atascadero Youth Task Force representative, voiced concern
about the stability of programs and services offered by the Community Services
Department. She spoke in support of maintaining healthy recreational programs
and urged the Council to make youth a priority.
Mike Cole, on behalf of Joan O'Keefe, 9985 Old Morro Road, addressed concerns
regarding the purchase of Stadium Park and noted that the ERTF had not
recommended any cuts in personnel. She also expressed opposition to the
proposal of hiring an Economic Development Director.
Mike Cole, speaking for himself, opposed lay-offs and suggested that other
alternatives be considered.
Bonita Borgeson, 4780 Del Rio Road, pointed out that the Council has a
CC 9/10/96
Page 6
responsibility to hold the line and still provide quality service. She argued that
public safety should be the highest priority and asserted that development should
pay its own way.
Patsy West, 6970 Navajoa, spoke in opposition to lay-offs and emphasized that
most of the positions targeted are those who have worked for the City for over
fifteen years. She shared concern about the Police Department, asked that the
Police Chief be restored to his office and urged the Council to consider firing the
City Manager. In addition, she spoke in support of hiring a Public Works Director
and eliminating the present contractual arrangement for engineering services.
Shirley Summers, resident, spoke in support of the Police Department and in
opposition to cuts in that department. She also urged the Council to reinstate the
Police Chief and fill vacant positions in that department.
David Graham, 7350 Santa Ysabel Avenue, pointed out that the revenue side of
equation has been overlooked and argued that additional tax revenue must be
generated.
Elaine McKellips, West Mall resident, reported that she is voluntarily researching a
grant for police communications. She also suggested that recreation programs be
privatized and mentioned that there are federal grant programs that benefit
children and families.
Wendy Muller, 8200 Graves Creek, asserted that the City Manager has too much
power and authority and claimed that the City is not well-served by the City
Attorney.
Leo Korba, 10905 Santa Ana Road, spoke in support of adopting a utility tax as a
method to stimulate revenue and argued that its time to put the matter on the
ballot and let the voters decide. He pointed out that the City Manager is
attempting to provide a balanced budget despite the fact that he has not been
given any authority to raise taxes or fees.
Jim Williamson, 10265 Realito Avenue, voiced concern for proposed reductions in
the Police Department and asserted that police and fire services should be the top
priority.
Carla Randolph, civilian Police Department employee, spoke in opposition to cuts
in the department and expressed concern that the Police Chief has no input on the
re-organization proposed.
Ann Landers-Ketcherside, resident, said she had been badly beaten four months
CC 9/10/96
Page 7
ago, nearly lost her life and yet she was arrested. She proclaimed that this had
made no sense to her and reported that she had sent a letter to the Attorney
General about her concerns relative to the Police Department.
Donald Jones, 4585 Viscano Avenue, observed that the City has no long-term
plan. He said it was a sign of poor planning to see staff recommend a color copier
at the same time lay-offs are being considered.
Ray Jansen, 6655 Country Club Drive, commented that the advantages of a utility
tax should be obvious and indicated he thinks the alternative is fair and equitable.
Donna Williams, resident, spoke against proposed cuts in the Police Department.
Bob Johnson, 3985 Rosita Avenue, proposed that the City Manager be fired and
urged the Council to reinstate the Police Chief.
Mary Walsh, 9,630 Santa Lucia, asked if the Police Chief had been placed on
administrative leave so that he would not be able to provide input on the re-
organization. She also asked if the public can get copies of the budget. The
Mayor referred the speaker to the City Clerk. Ms. Walsh urged the Council to
reinstate the Police Chief.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to go beyond the hour of 11 :00 p.m.; motion approved unanimously.
Jim Edwards, 2800 EI Camino Real, would like to see the city run more like a non-
profit organization and encouraged the Council to reinstate the Police Chief.
---end of public testimony---
Lengthy Council comments followed. No specific action on the proposed re-
organization was taken and the matter was continued until after the Council has
had an opportunity to review the budget for Fiscal Year 1996/97. The proposed
budget was referred to the Finance Committee and staff was directed to the bring
both matters back for consideration on October 8, 1996.
A brief recess was called at 11:28 p.m. This meeting reconvened at 11:35 p.m.
2. GENERAL PLAN AMENDMENT 95008/ZONE CHANGE 95013/LOT LINE
ADJUST-MENT 95008/CONDITIONAL USE PERMIT 95010/TENTATIVE
TRACT MAP 95006- Consider certification of Final Environmental Impact
Report (EIR) and approval for the applications associated with Atascadero
Factory Outlet Phase II and Tract 2215
A. Environmental Impact Report - Certify as adequate under CEQA
(Planning Commission/Staff recommendation: Approve)
CC 9/10/96
Page 8
B. Resolution No. 70-96 - Approving an amendment to the land use map
by including certain real property at 2055-2375 EI Camino Real/5505
Del Rio Rd. within the USL and changing the land use designation
from Neighborhood Commercial and Suburban Residential to
Commercial Park and Low Density Multiple-Family Residential (GPA
95008 - Investec)
(Planning Commission/Staff recommendation: Adopt)
C. Ordinance No. 309 - Amending the official City Zoning Map by
rezoning certain real property at 2005-2375-EI Camino Real/5505 Del
Rio Rd. from CN and RS to CPK and RMF-10 (PD7) (ZC 95013 -
Investec)
(Planning Commission/Staff recommendation Motion to waive
reading in full and introduce on first reading by title only)
D. Lot Line Adjustment 95008 - Approve based on Findings and
Conditions of Approval as contained in Attach. G of Planning
Commission staff report of 8/20/96
(Planning Commission/Staff recommendation: Approve)
E. Conditional Use Permit 95010 - Approve based on Findings (Attach.
L) and> Revised Conditions (Attach. M) of Approval as contained in
Planning Commission staff report of 8/20/96
(Planning Commission/Staff recommendation: Approve)
F. Tentative Tract Map 95006 - Approve based on Findings (Attach. U)
and Revised Conditions (Attach. V) of Approval as contained in
Planning Commission staff report of 8/20/96
(Planning Commission recommendation: Deny
Staff recommendation: Approve)
Councilmember Bewley stepped down from this item due to a potential conflict of
interest.
Doug Davidson provided the staff report and recommendations. He pointed out
that the applicant has withdrawn plans for a 30-lot subdivision and is presenting a
revised 24-lot plan (Condition #47, he noted, would be modified to reflect this
change). Council questions followed.
Public Comments:
Charles Eekberg, Vice President of Investec, spoke in support of the project and
addressed some of the questions raised by members of the City Council and the
neighbors. He emphasized that the residential project makes the commercial
project viable.
Andrew Miriam, Canon Associates, focused on the amended design with reduced
CC 9/10/96
Page 9
number of units, increased setbacks and open space. He outlined traffic and
circulation issues. The architects used slides to demonstrate the design of both
the commercial and residential projects.
Terry O'Farrell, 4840 Del Rio Road, commented that although he was in favor of
Phase 11 of the Outlet Center, he was concerned about the residential aspect of the
project primarily because twenty-four homes are too many. He recommended that
half-acre home sites would be more appropriate. As an attorney, he is concerned
about the liability this subdivision, if constructed, might create because of poor
sight distance.
Arden Warner, 4990 Del Rio Road, noted that he was pleased to see the forty-foot
easement, but would object to a block wall. He hopes that some fencing and
landscaping will be used to provide the necessary buffer between the commercial
project and the adjacent residential areas.
Marj Mackey, 5504 Tunitas Avenue, commented that she was not in favor of
planned unit development overlay zones on small lots and remarked that she
doesn't believe one year is enough to bond for the street light because all the lots
may not yet been sold by the end of that time.
Nadine Oleszczuk, 2405 Rio Rita, proclaimed that the rural setting ceased to be
when the outlets were constructed, hopes that there will be a wooden, rather than
concrete wall, and shared concern about increased traffic.
Renee Robinson, 4767 Del Rio Road, reported that she and her husband Steve are
opposed to project because of the number of homes proposed and the impact the
development will have upon traffic and schools.
Gerard Oleszczuk, 2405 Santa Rita Road, read a prepared statement in opposition
to the residential project (see Exhibit D).
William Zimmerman, 6625 Lomitas, observed that one acre lots would be more
appropriate.
John McNeil, 8765 Sierra Vista, President of the Atascadero Homeowners
Association, read a prepared statement recommending that the residential portion
of the project not be approved until impacts are mitigated (see Exhibit E).
Rush Kolemaine, 4580 Potrero, voiced opposition to the project because of the
number of homes proposed and related traffic concerns.
Bonita Borgeson, 4780 Del Rio Road, opposes the residential project because of
the sewer impacts. She also noted that she objects to the procedural process and
observed that the residential portion of the project has come to the City Council
without an appeal. The City Attorney commented that tentative maps are, in fact.
CC 9/10/96
Page 10
normally approved by the Council. Staff believed it was best to have the Council
review the whole project at one time and added that there is no specific law that
disallows approval by this method. Mrs. Borgeson pointed out that the Planning
Commission had not approved the residential part of the project and stated that
the developer is not being asked to contribute toward the added cost of police and
fire services, sidewalks and other safety measures.
Donald Jones, 4585 Viscano, thanked the developer for responding to comments
and concerns of the neighbors but emphasized that the public has not seen the
amended plan. He argued that it would be wise to sever the two projects and
delay action on the residential project until all issues can be satisfactorily
addressed.
Clifford Smith, 3420 Cia Road, voiced concern that there are significant
cumulative impacts from the residential project that are not adequately addressed
in the environmental impact report and urged rejection of the residential
subdivision.
Shirley Werner, Del Rio Road resident, commented that she would prefer to see
larger lots and hopes that the project will bring some kind of plan for
improvements to the road like shoulders and bike/walking paths.
Micki Ready, Executive Manager of the Atascadero Chamber of Commerce,
reported that last month the Chamber had sent out 60 relocation packets and,
today only, had received six telephone calls from interested folks who wish to re-
locate to Atascadero. She explained that the City is a desirable community, but
emphasized that people need homes to live in. Ms. Ready spoke in favor of the
project and observed that the developers (Investec) have worked with the
community, stayed in contact with the Chamber and done all they can do to make
the project work. She suggested that traffic concerns be referred to the City's
Traffic Committee and recommended that if the project can be phased in, it might
be more acceptable to the neighbors.
Robert Shannon, 4835 Del Rio Road, speaking for himself and his neighbors, the
Peters, said that they would prefer a block wall along Rio Rita as buffer for sound
and emphasized that wood fencing will not last.
Jerry Clay, 7285 Sycamore Road, shared concern about safe travel during the
construction from Phase I to Phase II of the outlets.
Marlene Shannon, 4835 Del Rio, objected to the density proposed and argued that
single-story homes would be preferable.
Charlie Eckberg addressed some of the concerns articulated by the neighbors. He
pointed out that no street lights are proposed for the residential subdivision and
CC 9/10/96
Page 11
explained that the project will be built in phases.
---end of public testimony---
Consultant David Foote and Assistant City Engineer John Neil responded to
Council questions regarding traffic and sight distance. There was agreement that
traffic impacts should be reviewed by the Traffic Committee.
Additional questions to staff followed. Doug Davidson reported that the City would
require a maintenance agreement for drainage improvements, but noted that no
Conditions, Covenants and Restrictions (CCRs) are proposed, although it would be
appropriate to add them as a condition of approval if Council so desires. Council-
member Carden argued against CCRs exclaiming that proper maintenance should
be the responsibility of the property owner.
Councilmember Carden asked the developer if the commercial project would be
built all at once or in phases. Charlie Eckberg replied that the construction is
tenant driven and will mostly likely be built in phases.
Councilmember Johnson asked Mr. Eckberg if Investec would exercise options on
residential project before moving on the commercial project. The developer
clarified that the residential project would not be constructed before the
commercial project and reiterated that the two projects together are what make
both viable.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to certify the final environmental impact report as an adequate
document under the provisions of CEQA; motion passed 4:0.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Resolution No. 70-96; motion passed 3.-1 (Luna
opposed).
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to waive the reading in full and introduce Ordinance No. 309 on
first reading by title only; motion carried 3.1 (Luna opposed).
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve the lot line adjustment, motion passed 4:0 by roil caii
vo te. .
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Conditional Use Permit 95010 based on the findings for
approval contained in Attachment L; motion passed 4:0 by roil call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
CC 9/10/96
Page 12
Johnson to approve Tentative Tract Map 95006, as modified to reflect 24
lots and by including a 40 foot setback); motion passed 3.1 (Luna opposed).
Councilmember Bewley returned to the dias.
3. REQUEST FOR SEWER HOOK-UP OUTSIDE THE URBAN SERVICES LINE,
8005 SAN GABRIEL RD. - Conditional Use Permit 96008 is being currently
reviewed for a church at this location
A. Resolution No. 83-96 - Permitting a sewer connection for property
outside the USL, located at 8005 San Gabriel Rd., contingent upon
approval of CUP 96008
(Staff recommendation: Adopt, if CUP 96008 is approved)
Steve DeCamp stepped down to a potential conflict of interest. Doug Davidson
provided the staff report and recommendation to approve. He clarified that if the
conditional use permit is not approved, the resolution will not take affect. There
were no questions from the Council or public.
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to adopt Resolution No. 83-96, motion passed 5.0 by roll call vote.
C. REGULAR BUSINESS:
1. ORDINANCE NO. 314 - Amending Chapter 3, Title 4 of the.Atascadero
Municipal Code as it relates to the Traffic Committee
(Staff recommendation: Motion to waive reading in full and introduce on
first reading by title only)
The City Clerk provided the brief staff report and recommendation to adopt.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to waive the reading in full and introduce by title only Ordinance No. 314 on
first reading by title only; motion carried 5:0 by roll call vote.
2. ORDINANCE NO. 308 - Amending the official Zoning Ordinance text to add
"Indoor Recreation Services" as an allowable use in the Public zone (cont'd
from 8/27/96)
(Planning Commission recommendation: Waive reading in full and adopt on
second reading by title only)
Councilmember Bewley stepped down due to potential conflict of interest. Steve
DeCamp provided the staff report. There was no public comment.
MOTION: By Councilmember Luna, seconded by Councilmember Carden
to adopt on second reading; motion passed 4:0 by roll call vote.
3. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL
CC 9/10/96
Page 13
CONFERENCE
(Staff recommendation: Select Council Member Delegate)
The City Council appointed Councilmember Johnson as the voting delegate.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports were given, as follows.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority: Long-
Range Transit Plan -- Councilman Carden requests direction
The City Manager suggested that the balance of the meeting's agenda be
continued until 5:00 p.m. the following day. Councilmember Carden's report on
SLO Council of Governments was continued to that time by mutual agreement.
2. Air Pollution Control District - Mayor Highland reported that the APCD would
meet the following morning.
3. Integrated Waste Management Authority - Councilmember Luna reported
that the waste management issue surrounding the City of EI Paso de Robles
had been resolved and noted that the IWMA had received a check from that
city for $135,000.
At 1:46 a.m., the meeting was adjourned to a continued meeting to commence at
5:00 p.m. on September 11, 1996,prior to the previously noticed Closed Session.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, C.M.0
CITY CLERK
Attachments: Muller (Exhibit A)
Kolemaine (Exhibit B)
Luna (Exhibit C)
Oleszczuk (Exhibit D)
Atascadero Homeowners Assn. (Exhibit E)
CC 9/10/96
Page 14
CC 9/10/96
EXHIBIT A
ANDRE, A PR00FIS ONAL LAW CCJRPORAI Ibn
r
MORRIS
Lf` D i i iiA1.i t �;F ' -_-J.""'"••••.y - MM JL ANDRE(SIM-1)
' MICHAEL t.MOKA13
sp0&4.413 96 LOW
j TWO MIROtt,A
jTERENCE SCHUDUr,,,...,- ...._ SCOR W.WALL
r.;
- �_. MASY�.MiAtiS10K
RAIIIR7s4 M.LLTI 411
NAICI1ELS A.2-TANWVCK
KZVW Q MORRM
September 10, 19%
7.104 T.ritk NIM"
ctrl QIfiL1i slue 7W
11.11 I.ri►.CW86 "
' c.Ila,Rti.s�4o6-aro
COnncil Mctabcts Ttkphcne&W 543-47'1
Fax Number tlW!-043-W=City of Atascadcro �._ _ .....,...
6500 Palma Avenuc
Atascadero, Callfb mia 93422
Re: Andrew Takata Letter of September 5, 19961
To Whom It May Concern:
This office represents Wendy and Ted Muller. As you know, in the past Wendy Muller has
expressed her views to the Council on certain matters and presented petitions on behalf of many
of Atascadero's citizens. More specifically, less than forty-eight hours after she exercised her
constitutional rights of free speech and expression by addressing your body, the City Attorney
was asking to review ten (10) year old business license records for her husband's plastering
business. in addition, the City Manager and City Attorney were reviewing the CC&It's for Mr.
and Mrs. Muller's property_ These actions are too coincidental to be anything other than what
is apparent—an effort to "chill" Mrs. Muller's exercise of her right to free speech.
While Mr. Takata's letter contains a not-so-veiled threat about slander, I have confirmed with
Mrs. Muller's sources that the comments made in her letter of August 22nd arc substantially
accurate. in short, the City Attorney and the City Administrator did conduct a complete review
of the Mailers' business license records and CC&R's immediately following the August 13
Council meeting.
indeed,a close reading of Mr. Takata's letter rcvCab Ll= following:
1. He does not deny looking at records from Mr. Muller's business license
file, even if he,did not look at the file itself,
2. He does not deny looking at CC&R records of the Muller's home; and
F ri'1 MM1MUMWTQ"UmiG0V" 14
A DRE, ♦�ROvg551Q�w1.Lww c4RtCiecw_7xort
�MUl{lil5 •
h"I;U�TERY
rourid! MbCO
AWcadem City Council
September 10, 1996
Page 2
3. He slurs uut drny discussing the information contained in these files with
Mr. Mantaminn. • I.
My clients will not be intimidated by this conduct, and they will conthuid to express their
opinions, even if these opinions are not shared by Messrs. Montandon and "Takata. More
importantly, the City should seriously consider whether these city employees and the tactics they
employ are assets or liabilities to the City of Atasmd_M.
Very truly yours,
James C. Buttery
JCB
cc; Atulrew Takata
Arthur Mantnndnn
wady and Ted Mullcr
P.1i1lTYYtYLL7rin1 .7flCpgMp, -
CC 9/10/96
EXHIBIT B
a2a
R. S. KOlemalne /P.O.Box 1990/Atoscadero/CA 93423-1990/elfenix-0 aolcom/Phone/FAX:(805)466-8200
ATASCADERO CITY COUNCIL
10 September 1996
RE: Consent Calendar Items#A-3 & #A-4
SEP
j yvr
Gentlemen:
With regard to the above two items, please note the following:
Item A-3,while probably worthy of passage by the Council nevertheless fails to answer public
questions and concerns as posted in the Council Agenda for this date. Simple arithmetic indicates this
lease agreement could cost the City either$9,706.88 or$56,573.00 over the five year life span of the
agreement, depending upon how actual costs are calculated. The difference between the two amounts
depends upon whether one,multiplies the $944.55 monthly lease payment by 60 months($56,673.00) or
adds the total monthly charges for all photocopy machines for the period($9,706.88). The difference
amounts to$46,966.12, a not inconsiderable difference in costs to the City.
Either amount deserves proper public notification to the public within the Council Agenda,and
either should be subject to closer Council scrutiny than is offered within the staff recommendations.
In addition to the above, a closer examination of the lease indicates that three FP 7160
machines, intended to produce 1,050,000 black&white copies over five years at a cost of$ 8,925.00
( .0085/copy)plus paper, and two FP 7117 machines, intended to produce only 37,992 color copies at a
cost of$ 531.88 (.014/copy)plus paper are involved.
In view of the ERTF recommendations to the City to drastically cut costs before seeking any
new revenue sources the questions immediately raised are these:
(l.) Which, exactly, is the amount to be paid by the City from taxpayer funds over the
next 5 years?
(2) How does this compare to the current or previous contract?
(3) How does City staff justify the use of the two FP 7117 color capable machines rather
than continuing with lower cost B&W for memoranda and documents as in the past?
(4) Assuming a pressing and justifiable need for separate copy machines located at the
Police and Fire departments,how or why is it necessary that the Fire Dept. (only)be
provided with a color capable machine with the concomitant additional costs (almost
twice as much B&W copies)these require?
The council is reminded that necessary savings in City costs begin with reducing costs by a
penny, a nickel, a dime and a dollar at a time... across the board,in ALL expense areas: evidence of
which is definitely not visible in this lease proposed by City staff.
(continued)
(Cont.)
Item A4, as is the case with the above,provides no indication to taxpaying citizens of the City's
costs for these services, neither as an individual service rate nor as an estimated total. There is also no
indication that any effort has been made to obtain this service locally, such as: who has been notified of
this contract's availability, which local providers have been notified,how notified nor which may have
responded. While it could well be that City staff has indeed complied with all City policies in
approaching this contract,they offer no assurances to the Council, much less citizens, such an effort
has been even attempted.
Lacking such eagerness to openly demonstrate staffs recognition of its obligations to those of
us who pay their salaries, it would appear inappropriate for Council to pass this resolution at this time.
Respectfully,
Rush Kolemaine