HomeMy WebLinkAboutMinutes 112696 Agenda Item: A-1
Meeting Date: 1/14/97
(Approved as submitted)
ATASCADERO CITY COUNCIL
NOVEMBER 26, 1996
MINUTES
7:00 P.M. - 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
Staff Present: Andy Takata, City Manager; Brady Cherry, Community Services
Director; Art Montandon, City Attorney; Roy Hanley, Deputy City
Attorney; Steve DeCamp, Acting Community Development Director;
Lt. Bill Watton, Acting Chief of Police; Mike McCain, Fire Chief; Steve
Sylvester, City Engineer; Cindy Holton, Deputy City Clerk
CITY COUNCIL REORGANIZATION:
• Resolution No. 105-96 - Reciting the fact of the Regular Municipal Election held
11/5/96 and declaring the result
Motion: By Councilman Bewley, seconded by Councilman Johnson to adopt
Resolution No. 105-96; Motion passed by 5:0 ro/%ca// vote.
• Administration of Oath of Office to newly-elected City Council Members Jerry Clay,
Kenneth Lerno, George Luna, and newly-appointed City Clerk Marcia Torgerson
Deputy City Clerk Cindy Holton administered the oath of office to the newly-elected
Council members and to City Clerk, Marcia Torgerson, who was appointed on 11/20/96.
• Council appointment of Mayor and Mayor Pro Tempore
Mayor Pro Tem Ray Johnson turned the floor over to City Clerk Marcia Torgerson, who
invited nominations for the position of Mayor.
Motion: By Councilman Carden, seconded by Councilman Luna to nominate
Ray Johnson for Mayor; motion passed by 5:0 voice vote.
Mayor Johnson invited nominations for Mayor Pro Tempore.
Motion: By Councilman Clay, seconded by Councilman Lerno to nominate Hal
Carden for Mayor Pro Tempore; motion passed by 5:0 voice vote.
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• Presentations to outgoing Councilmen David Bewley and George Highland
Mayor Johnson presented service plaques to outgoing Mayor George Highland (elected
04/94-11/96, Mayor 06/95-Present) and Councilman David Bewley (elected 06/92-11/96,
Mayor 06/94-06/95).
COUNCIL COMMENTS
Councilman Luna thanked his election committee for their dedicated efforts to get him re-
elected. He also expressed his gratitude to Dave Bewley and George Highland for their
work on the Council and wished them both well in their retirement.
Councilman Carden thanked George Highland and Dave Bewley for the many long hours
they put in on the Council and wished them well.
Councilman Clay thanked his election committee for successfully getting him elected and
expressed he is anxious to work on the Council
Councilman Lerno thanked his election committee and the people of Atascadero for their
support. He also thanked George Highland and Dave Bewley for their service to the
community.
Mayor Johnson welcomed the new Councilmembers and welcomed George Luna back for a
second term.
George Highland congratulated the newly-elected members to the City Council and thanked
Mayor Johnson and Councilman Carden for the time he worked with them on the Council.
He presented a plaque recognizing the efforts of City staff for their assistance, cooperation
and hard work, which was accepted by Assistant Planner Gary Kaiser on behalf of staff.
He made additional comments relative to the importance of local community service in his
life, and he encouraged all citizens to get involved.
Dave Bewley thanked staff for their support during his term and wished the new Council
well.
-- Council recessed for a break from 7:20-7:30 p.m. --
Review committee appointments
Mayor Johnson conveyed that he had circulated a memo to the Council which shows
current committee appointments and asked that the members let him know which
committees they might wish to serve on. Appointments will be scheduled for the next
regular Council meeting.
COMMUNITY FORUM
Micki Ready, Director, Chamber of Commerce, welcomed the new Council and said she
looks forward to working with them.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - October 8, 1996
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - October 17, 1996 (Special Budget Meeting)
(City Clerk's recommendation: Approve)
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3. CITY COUNCIL MINUTES - October 22, 1996
(City Clerk's recommendation: Approve)
4. CITY COUNCIL MINUTES - October 23, 1996 (Special Meeting)
(City Clerk's recommendation: Approve)
5. CITY COUNCIL MINUTES - November 12, 1996
(City Clerk's recommendation: Approve)
6. APPROVAL OF WARRANTS - October, 1996
(Staff recommendation: Approve)
7. TENTATIVE TRACT MAP 96013, 3425/3505 EL CAMINO REAL - Consideration to
subdivide two lots, 8.94 acres total, into eight (8) lots of approximately one acre
each for single family residential development (Norton/Peters)
(Planning Commission/staff recommendation: Approve based on accompanying
Findings and Conditions)
8. TENTATIVE PARCEL MAP 96008, 8805 OLD SANTA ROSA RD. - Consideration of
application to divide a 1.50 acre site (gross) into two parcels of 0.74 and 0.76 acres
for single family residential use (Lanini/Wilson)
(Planning Commission/staff recommendation: Approve based on accompanying
Findings and Conditions)
9. TENTATIVE PARCEL MAP 96004, 7055 SOMBRILLA RD. - Consideration to divide
one parcel of 3.79 acres into three lots of 3.33, 0.24 and 0.22 acres each for single
family residential use using a Planned Development Overlay Zone (PD)
(Streeper/Vaughan Surveys)
(Planning Commission/staff recommendation: Deny based on accompanying
Findings
10. RESOLUTION NO. 104-96 - Approving a Reimbursement Agreement with Kelly V.
Gearhart, et al, for the construction of sewer structures along Alamo Avenue
(Staff recommendation: Adopt)
11. RESOLUTION NO. 90-96 - Approve naming the new service building at the zoo,
"The Buttles Building"
(Staff recommendation: Adopt)
Councilman Luna pulled Item A-1 for discussion. Mayor Johnson announced that new
Councilmen Clay and Lerno will abstain from the vote on Items A-2, 3, 4 & 5 due to not
being seated on the Council during those meetings. The Mayor announced he will abstain
from Item A-7, and Councilman Lerno will abstain from A-10. Councilman Clay announced
he will abstain from the vote on A-10, adding that he is awaiting clarification on what he
can and cannot vote on due to his real estate involvements.
Mayor Johnson announced that Items A-4&5 will be continued, as the subject minutes are
not yet available.
There was no public comment.
Motion: By Councilman Luna, seconded by Councilman Carden, to approve
Consent Calendar Items A-2, 3, 6, 8, 9, & 11; motion passed 5:0 by
roll-call vote.
Re: Item A-1: Councilman Luna referred to said Minutes of 10/8/96, page 7, para. 3. He
asked that the tape be reviewed to clarify that he believes he was misquoted when he
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commented that he did not agree with putting an auto mall specifically on the site known
as Dove Creek; he didn't express objection to an auto mall in general, because an area of
town is already zoned for such a use. The minutes of October 8t' were continued to the
December 10t' meeting in order to make said correction.
Motion: By Councilman Luna, seconded by Councilman Lerno, to approve Item
A-7, TTM 96013; motion passed by 4:0 roll-call, with Mayor
Johnson abstaining.
Motion: By Councilman Luna, seconded by Councilman Carden, to adopt Res.
No. 104-96 [Item A-101; motion passed by 3:0 roll-call, with
Councilmen Clay and Lerno abstaining.
B. PUBLIC HEARINGS: None scheduled.
C. REGULAR BUSINESS:
1. DISCUSSION ON BROWN ACT AND CONFLICT OF INTEREST LAW
Mayor Johnson conveyed that he requested a review of this subject for the benefit of the
entire Council. Roy Hanley summarized the provisions of the Brown Act and responded to
questions from the Council and staff.
Public Comment
Rush Kolemaine, P.O. Box 1990, Atas., asked how the Brown Act applies to advisory
committees of the City Council, e.g., the Planning Commission, Parks & Recreation
Commission, and the Economic Round Table. Mr. Hanley responded that all are covered by
the Brown Act.
Ray Jansen, 6655 Country Club Dr., asked how public school boards are affected by the
Brown Act. Mr. Hanley responded that he is not an expert on school agencies, but
understands there is something similar that applies to them. He added that the Brown Act
applies to local agencies—counties, cities, towns, special districts and boards, commissions
or agencies thereof—but does not specifically mention school boards.
Bill Zimmerman, 6225 Lomitas, encouraged all to read, "The Brown Act—Open Meetings
for Local Legislative Bodies", prepared by the State Attorney General's Office. Mr. Hanley
conveyed that the City Attorney's office is providing copies of said publication to the
Council. Mr. Zimmerman also noted that the SLO County Counsel has done extensive
research on the subject and has documents available.
Lon Allan, 6815 Santa Lucia, asked how much information has to be released to the press
on closed session public notices, i.e. "Significant Exposure to Litigation"; do the parties
have to be named? Mr. Hanley explained that there's a difference between exposure to
and pending litigation. Pending litigation has to be identified by name, so the public has
knowledge of what is occurring. With exposure, it does not always have to be identified
by name as sometimes there is a potential threat of litigation and it is possible that the
potential party does not fully understand what legal rights the counsel thinks he/she might
have; to identify them might draw a "road map" that the City might not want to draw.
However, where action is taken, e.g., to settle any litigation, it has to be identified because
that is the public's business. Mayor Johnson added that the City Council has chosen to
have a spokesperson, usually the City Attorney, to make any statement to the press
following closed sessions, so that it is in accordance with the law.
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Donald Jones, 4585 Viscano, would like to see a public discussion on the nexus between
the public meeting requirements and notice and due process. Roy Hanley responded that
the Brown Act applies to the rights of the public to information and notice. Due process
comes into play for specific individuals or entities, e.g. particular projects or applications.
City Attorney Art Montandon commented at length on conflict of interest law and
responded to questions from the Council. He referred to, "The Pocket Guide to Conflict of
Interest Laws", which he supplied copies of to the Council members and City Clerk,
encouraging that it be utilized. He also noted that the Fair Political Practices Commission
has a hot line(s) to contact them with specific questions and that they are very helpful. He
recommended that formal FPPC advice (in writing) be sought where ongoing potential
problems or concerns might need to be clarified. There was no public comment concerning
conflict of interest law.
D. COMMITTEE REPORTS:
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilman
Carden reported this body meets Wednesday. One item will be coming to the city
managers, the question of whether city managers want to bring up to the city
councils or endorse the COG dealing with aggregating electricity in the free market.
One of the cities has proposed that COG become an aggregator.
2. Economic Round Table - Mayor Johnson reported that Allen Yarborough made a
presentation to the ERT at their November 21 meeting, outlining his having been
approached by the owners of the Rochelle property regarding his interest in the
development of an auto mall.
3. North County Council Has not met. Councilman Luna noted that one of the major
proponents of the Ncc, Steve Martin, was defeated in the recent Paso Robles
election. Andy Takata indicated he is communicating with the Paso Robles City
Manager to determine the future of the group. Councilman Carden requested a
review of the charter of the NCC.
Ray Johnson requested that the county Mayors group, which meets monthly, be listed
under committee reports and he will provide updates.
Andy Takata announced that a proposal from the SLO Co. Economic Vitality Corporation
will be forthcoming in the near future, and should the City opt to join, there will be a
representative of the City Council on the EVC, so that will be added to committee reports
as well for ongoing updates.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Mayor Johnson clarified that he intends to enforce the rules for participation
which appear on the face of the agenda in order to preserve decorum.
City Attorney - Art Montandon announced that, as the Council is aware, he has recently
been takinga lesser role as legal counsel for several reasons. He has decided that he
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cannot devote the amount of hours necessary to continue on in the lead City Attorney's
position and publicly informed the Council that he plans to sever his relationship in this
capacity, effective January 1, 1997. He will remain available for consultation on issues he
has worked with or has historical knowledge of.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:56 P.M.
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F. CLOSED SESSION:
1) CONFERENCE WITH LABOR NEGOTIATOR
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; City Attorney
2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
THE CLOSED SESSION ADJOURNED AT 9.55 P.M. THERE WAS NO ACT/ON TAKEN.
MINUTES RECORDED BY:
MA4toI,;.� M 1 r W�
MARCI:A M. TORGERSON, City Ctlerk
PREPARED BY:
CINDY L. HOS: N, Deputy City Clerk
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