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HomeMy WebLinkAboutMinutes 121096 Agenda Item: A-1 Meeting Date: 2/11/97 (Approved w/correction) ATASCADERO CITY COUNCIL DECEMBER 10, 1996 MINUTES 6:30 P.M. - CLOSED SESSION: 1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Closed session held pursuant to Government Code Section 54956.9 Name of case: McHale v. City of Atascadero, et al The Closed Session adjourned at 7:12 pm. There was no action taken. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called the Regular Session to order at 7:16 p.m. and Councilman Lerno led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent: None Others Present: Marcia M. Torgerson, City Clerk Staff Present: Andy Takata, City Manager; Brady Cherry, Community Services Director; Roy Hanley, Deputy City Attorney; Steve DeCamp, Acting Community Development Director; Lt. Bill Watton, Acting Chief of Police; John Neil, Assistant City Engineer; Cindy Holton, Deputy City Clerk COUNCIL COMMENTS: • Review committee appointments Mayor Johnson referred to his memo (Exh. A, attached), which lists new committee assignments. Councilman Clay shared an editorial from Monday's SLO Co. Telegram-Tribune, written by John Moore, which commended the success of a number of Atascadero High School's programs—athletic, musical, agricultural and academic. He also shared that several speakers at the recent Cal Poly Sports Luncheon, held at the Pavilion, commented on the special character of the Atascadero community which is reflected in the success of our local youth programs. CC 12/10/96 Page 1 COMMUNITY FORUM Rush Kolemaine, Box 1990, Atascadero, asked what the Council committee assignments are. Mayor Johnson read the list from his memorandum (Exh. A, referenced above). Howard Marohn, 9265 Barranco Heights, referred to Item A-7 on the Consent Calendar. He referred to the construction of sewer lines approx. 1 '/2 years ago by Whitaker Con- tractors on San Gabriel Road, between Hwy. 41 and Monita Ave., which has resulted in a poor, unsafe road condition there. He reported that the trench line and laterals continually fail and create traffic and pedestrian problems. He requested that the Council take corrective action within their contract warranty timeframe. John Neil, Asst. City Engineer, responded that the problem resulted from high groundwater in the subject area. It was unforeseen by Whitaker and was beyond the scope of the contract. The situation is being monitored by the City's street maintenance division. The soils engineer has recommended letting it settle as much as a full season to compact the soil. John added that there is money budgeted (from development impact fees) to effect repairs, however staff is trying to let it settle as much as possible. The warranty period is scheduled to expire in July. Mayor Johnson directed staff to report back on the status of the situation and what plans there are for the completion of the contract following winter rains. Councilman Luna recalled problems with Whitaker concerning the EI Camino Real median, and he asked what is the process on awarding a bid. Roy Hanley responded that the City is required to take the lowest responsible bidder. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - October 8, 1996 (cont'd from 11/26/96) (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - October 23, 1996 (Special Meeting) (cont'd from 11/26/96) (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES - November 12, 1996 (City Clerk's recommendation: Approve) 4. CITY COUNCIL MINUTES - November 20, 1996 (Special Meeting) (City Clerk's recommendation: Approve) 5. APPROVAL OF WARRANTS - November, 1996 (Staff recommendation: Approve) 6. TENTATIVE TRACT MAP 96002, 1950 TRAFFIC WAY - Consider application to divide an existing 7.36-ac. lot into two (2) parcels of 2.95 and 4.41 acres for single family residential use (Barrett/Daniel J. Stewart & Associates) (Planning Commission/Staff recommendation: Approve) 7, RESOLUTION NO. 107-96 - Authorizing an agreement with Whitaker Contractors, Inc., for construction of wastewater gravity main across Atascadero Creek (Bid #96- 07) (Staff recommendation: Adopt) CC 12/10/96 Page 2 8. RESOLUTION NO. 108-96 - Authorizing an agreement with A-Jay Excavating for construction of Wastewater Pumping Station No. 5 Forcemain (Bid #96-08) (Staff recommendation: Adopt) 9. RESOLUTION NO. 109-96 - Approving salaries & benefits for Confidential employees (Staff recommendation: Adopt) 10. RESOLUTION NO. 110-96 - Approving a Memorandum of Understanding between theCityof Atascadero and the Atascadero Fire Captains Bargaining Unit (Staff recommendation: Adopt) 11. RESOLUTION NO. 111-96 - Approving a Memorandum of Understanding between the City of Atascadero and the Atascadero Firefighters Association (Staff recommendation: Adopt) Mayor Johnson announced that Councilmen Clay and Lerno will abstain from the vote on Items A-1, 2 and 3, since they were not seated on the Council during the subject meetings. Councilman Luna pulled Items A-6 & 7, Councilman Clay pulled Item A-4, and Roy Hanley pulled Item A-1 for separate discussion. Motion: By Councilman Luna, seconded by Councilman Carden, to approve Consent Calendar Items A-2, 3,-5, 8, 9, 10 & 11. Motion passed 5:0 by roll-call vote, 3:0 on Items A-2 & 3, with Councilmen Clay and Lerno abstaining. Re: Item A-1: Roy Hanley, Dep. City Attorney, referred to p.1 of the proposed 10/8/96 Council Minutes. He clarified that he had reported that airline tickets for the City Manager and Mayor had been made for a trip to Sacramento and that the tickets were booked on Delta Airlines. Delta Airlines runs their Master Card charges through their home office in Atlanta, so the bill read Atlanta (the tickets were not erroneously charged to Atlanta). No tickets to Atlanta were ever purchased or charged. The tickets were, in fact, not used and the City received a full refund. Motion: By Councilman Carden, seconded by Councilman Luna to approve the City Council Minutes of October 8', with the correction as noted above; motion passed by 3:0 roll-call vote, with Councilmen Clay and Lemo, abstaining. Re: Item A-4: Councilman Clay requested there be additional dialogue reflected in the Minutes of 11/20/96 (City Clerk interviews). Mayor Johnson continued this item to a future meeting in order to make the requested amendments. Re: Item A-6: Councilman Luna said he pulled this item for clarification of concerns per- taining to drainage calculations. He asked if the public was properly notified, to which Steve DeCamp responded in the affirmative. Councilman Luna asked how the development will be assured to not impact other properties in the area. John Neil, Asst. City Engineer, reviewed staff's approach to mitigating drainage concerns. Councilman Luna clarified that CC 12/10/96 Page 3 his concern is that the integrity of the drainage swale be protected as the property is developed. Motion: By Councilman Luna, seconded by Councilman Clay to Approve Consent Calendar Item A-6. Motion passed by 5:0 roll-call vote. Re: Item A-7: Councilman Luna noted this matter was noted as an emergency situation back in July and was hoped to be completed by October. He requested clarification as to why the delay. John Neil responded that staff selected a consultant to prepare the plans & necessary permits, and the permit from the Army Corps of Engineers was applied for in July but was not received until late October. In addition, the plans were not within the schedule proposed by the consultant, which delayed it slightly and it got into the rainy season. Now, the repairs cannot be initiated until the creek levels recede. He further explained that there is the ability to bypass the line in order to keep it from rupturing. Mark Markwort said he has contacted the Regional Water Quality Control Board and discussed the concerns of a potential breakage. The line is still intact, and Mark added that it would take a large expenditure of funds to effect a bypass the entire winter. Staff responded to additional questions from Councilman Luna. Councilman Carden asked what type of review staff does to ensure that all aspects of the bid specs are accounted for in the work cost estimate, to which John Neil responded. Motion: By Councilman Luna, seconded by Councilman Carden to adopt Item A-7, Resolution No. 107-96. Motion passed by 5:0 roll-call vote. B. PUBLIC HEARINGS: 1. CONSTRUCTION OF BIKE LANES AND BIKE ROUTES (Planning Commission recommendation: Authorize staff to complete the design and advertise for bid the El Camino and Traffic Way Bikeway Projects) John Neil, Asst. City Engineer, provided staff report and responded to questions from Council. Public Comment Rush Kolemaine, Box 1990, Atascadero, addressed the issue of proper notification to business owners in the areas affected. He feels there is a flaw in the process and that business owners should be treated as a separate entity in the City. Mike Jackson, 5502 Ensenada, expressed concern about the feasibility of a bikelane on Traffic Way, noting the heavy industrial and truck traffic there. Staff noted that there are no parking impacts in the area cited by Mr. Jackson and that alternative transportation was one intent of the funding for the construction. Sandra Southwith Parker, Huer Huero Rd., Creston, who owns property on Traffic Way, asked which side(s) of the street the bike path will be on along Traffic Way, to which John Neil responded. CC 12/10/96 Page 4 Steve Devencenzi, SLOCOG, credited Scott Eades of COG staff for his work on this project and congratulated City staff on a good project. He made additional comments concerning future possible bikelane improvements and responded to questions from the Council, including discussion on potential future improvements and funding. Members of Council commended staff for their work on this project. A letter of support for the bikelanes from the BIA is attached as Exhibit B. Motion: By Councilman Luna, seconded by Councilman Clay, to authorize staff to complete the design and advertise for bid the EI Camino Real Bikeway Project. Motion passed by 5:0 roll-call vote. Motion: By Councilman Luna, seconded by Councilman Clay, to authorize staff to complete the design and advertise for bid the"Traffic Way Bikeway Project. Motion passed by 4:1 roll-call vote, with Councilman Lerno opposed. 2. GENERAL PLAN AMENDMENT 96001/ZONE CHANGE 96003, 9505 EL CAMINO REAL A. Resolution No. 96-96 - Approving an amendment to the land use map by changing the land use designation of certain real property at 9505 EI Camino Real from Retail Commercial to High Density Multiple Family Residential (Planning Commission/Staff recommendation: Adopt) B. Ordinance No. 317 -Amending the official City zoning map by rezoning certain real property at 9505 EI Camino Real from CR (Commercial Retail) to RMF-16 (High Density Multiple Family Residential) (Planning Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) Steve DeCamp provided staff report and responded to questions from Council. Steve was asked if there was a potential for an application for a planned development if the change for multi-family designation is approved. He responded, yes, but clarified that there have been no discussions with this applicant or anyone else on that potential. The subject of access to the property was also discussed. Public Comment Sandra Southwith Parker, Huer Huero Rd., Creston, asked if the slope of the property was used to determine the density maximum. Steve DeCamp responded yes and that a staff member estimated the slope at 10% based on topographical maps. Motion: By Councilman Carden to adopt Res. No. 96-96, as per staff recommendation, seconded by Councilman Lerno. Motion passed by 5:0 roll-call vote. Motion: By Councilman Carden to waive the reading Ord. No. 317 in full and introduce it on first reading by title only, seconded by Councilman Lerno. Motion passed by 5:0 roll-call vote. CC 12/10/96 Page 5 3. GENERAL PLAN AMENDMENT 96002/ZONE CHANGE 96004, 5802 TRAFFIC WAY A. Resolution No. 97-96 - Approving an amendment to the land use map by changing the land use designation of certain real property at 5802 Traffic Way from Downtown Pedestrian Commercial to High Density Multiple Family Residential (Planning Commission recommendation: Deny/Staff recommendation: Adopt) B. Ordinance No. 318 - Amending the official City zoning map by rezoning certain real property at 5802 Traffic Way from Downtown Pedestrian Retail Overlay to RMF-16 (High Density Multiple Family Residential) (Planning Commission recommendation: Deny/,Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) Steve DeCamp provided the staff report and responded to questions from the Council on potential uses of the subject property. Public Comment Rex Hendrix, applicant, noted the difficulty of the lot due to its steepness, particularly with respect to creating parking. He expressed he is somewhat indifferent to the zoning, and it seems it would be more useful as a multiple zone rather than commercial. Sandra Southwith Parker, Huer Huero Rd., Creston, who owns a neighboring property, conveyed that the applicant determined a 19% slope, and she determined it to be 22%. She feels the City should make the determination in order to decide the best use for a multi-family use of the property. She also asked for clarification on parking requirements for a multi-family project there, to which Mr. DeCamp responded. Ms. Southwith Parker commented that the City should be concerned with the amount of potential revenue that could be gained from the property, based on the number of units and its use. Motion: By Councilman Luna to deny GPA 96002 and ZC 96004, seconded by Councilman Clay. Motion failed by 2:3 roll-call vote, with Councilmen Carden, Lerno and Johnson opposed. Motion: By Councilman Carden to adopt Res. No. 97-96, as per staff recom- mendation, seconded by Councilman Lerno. Motion passed by 3:2 roll-call vote, with Councilmen Clay and Luna opposed. Motion: By Councilman Carden to waive the reading of Ord. 318 in full and introduce it on first reading by title only, seconded by Councilman Lerno. Motion passed by 3:2 roll-call vote, with Councilmen Clay and Luna opposed. CC 12/10/96 Page 6 C. REGULAR BUSINESS: 1. RESOLUTION NO. 106-96 - Authorizing the cancellation of debt to the City's General Fund from the Atascadero Community Services Foundation (Staff recommendation: Adopt and provide direction) Brady Cherry provided staff report. There was no public comment. Motion: By Councilman Luna to adopt Res. No. 106-96, seconded by Councilman Lerno. Motion passed by 5:0 ro/%ca# vote. 2. EQUIPMENT PURCHASE - AB 3229 Grant Funds (Staff recommendation: Approve) Acting Police Chief Bill Watton provided staff report and responded to questions from the Council. Councilman Carden voiced concern about using a one-year grant to commit general fund expenditures into the future for unspecified time periods. He reiterated that Council has previously requested vehicle maintenance costs versus new vehicles, and he asked for this information in order to clearly analyze the costs. Public Comment Rush Kolemaine, Box 1990, Atascadero, asked if there is a possibility of a similar grant award in the future to assist the City in paying for leased vehicles. Lt. Watton responded that the program is ongoing, but the money is allocated each year. Mr. Kolemaine shared Councilman Carden's concern about making capital investments that would have to be paid in succeeding years, noted above, and encouraged that annual grant funding be applied for. He suggested the Council consider reducing, at mid-year, the Police Department's budget allotment for capital equipment by the amount they received through the State grant. Donald Jones, 4585 Viscano, asked if the Legislature continues to authorize grant funds, can they be used to pay for existing expenses, such as an ongoing lease. Lt. Watton responded yes. Motion: By Councilman Luna, seconded by Councilman Lerno, to approve the purchase or lease of the listed equipment. Motion passed by 5:0 roll- call vote. 3. SCHEDULE A DATE FOR CITY COUNCIL WORKSHOP ON THE DIAL-A-RIDE PROGRAM (Staff recommendation: Set date at Council's discretion) Brady Cherry provided staff report. Council consensus was to place this topic on a regular meeting agenda after the first of the year. Andy asked that staff be given the flexibility to schedule a special meeting, should it CC 12/10/96 Page 7 become necessary, in order to meet the goal of addressing this by March, when the budget process begins. Councilman Carden suggested that a bulletized list of discussion topics be provided to the Council and that the new Council members be given a copy of the DAR contract. Councilman Luna noted that many targeted funds are used for transportation needs, and the Council will need to review what discretion they have on the various funds the City receives. Councilman Carden requested that the SLORTA funding formula information be available as well. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): S.L.O. County Mayors Group - Ray Johnson reported that this group meets each month and he solicited input from the Council on any issues they would like to take to the mayors. Councilman Luna expressed concern over how sales tax is appropriated in the state (point of sale), which fosters competition between cities for large commercial developments that slowly erode the individual community's character. He would like to see the mayors discuss joining together to support legislation (e.g., Sen. Mountjoy's bill) that would apportion some of the sales tax on a per capita basis. Andy suggested approaching local legislators on this subject. Councilman Carden agreed and encouraged that the League of Cities be lobbied, as well. SLOCOG/SLORTA - Councilman Carden reported next meeting is January 8th. At that time, they will be introducing areas for traffic circles and their use in this area. Finance Committee - Councilman Luna suggested the warrants be expressed clearer so there is relevance between the accounts shown and the actual budget expenditures. Andy Takata suggested the Finance Committee meet in the near future in preparation for mid- year review. North County Council - Mayor Johnson reported the future of this body is uncertain, as the key founder is no longer in office. Councilman Carden proposed that the Mayor discuss with the new Mayor of Paso Robles issues of mutual concern and that it might be helpful to keep such discussions at the city council level without involving multi-agencies/-districts. Integrated Waste Management Authority - Councilman Luna announced that Atascadero has been nominated for a solid waste reduction.award by an engineering firm, and he will be attending the awards luncheon on Dec. 19tH E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council - Councilman Luna noted an FPPC regulation that requires planning commis- sioners to step down on issues when $250 or more was received from a campaign contribution by someone who brings a matter before them. In view of the fact that three of the City's Planning Commissioners were Council candidates in the recent election, he suggested that information be passed along. CC 12/10/96 Page 8 Mayor Johnson announced new Council members need to make appointments to the Economic Round Table. Councilman Clay requested a calendar of the various committee meeting times & locations. City Attorney - Roy Hanley said he will either attend or obtain the materials from a League of CA Cities conference concerning the passage of Prop. 218, to be held in mid-January. He and Art Montandon have both written opinions on the ramifications of this legislation. He will make a report following the receipt of the conference information. City Clerk: Request authorization to advertise vacancy (Specialty Contractor Member) on Appeals Board - Council consensus was to authorize advertising for the vacancy. City Manager - Andy Takata noted that the terms of Planning Commissioners Bowen and Edwards are due to expire in February. He also reported on staff changes to assist in the Finance Dept. and that the skateboard ordinance will be the big item on the next agenda, before which there will be meetings to attempt to work out a compromise to the issues. Andy announced that he has contacted a consultant, who is available during part of December and January, and encouraged the Council utilize him to facilitate a goal-setting workshop. The cost would be $3,000 and there is training money available. Andy also asked which members of theCouncilhave computers, so he can facilitate their access to the City e-mail system. THE MEET/NG ADJOURNED AT 10.14 P.M. TO THE MEET/NG OF JANUARY 14, 1992 MINUTES RECORDED BY: M .1 MARCIA M. TORGERSON, dly Clerk PREPARED BY: CINDY L. HOCTON, Deputy City Clerk CC 12/10/96 Page 9 City Council Minutes 12/10/96, Exh. A MEMORANDUM To: City Council Members Date: 12/10/96 From: Ray Johnson, Mayor Subject: Committee Assignments Based on your responses, following is the list of committee assignments: Committee/Agency Meets Appointee Alternate City-School Committee 3rd Thurs., 1:30 Ken Lerno George Luna Atascadero Traffic Committee 3rd Wed., 3:30 George Luna Jerry Clay City Hall SLO Council of Govts. 1 st Wed., All day Hal Carden Ray Johnson (SLOCOG) SLO SLO Regional Transit Hal Carden Ray Johnson Authority (SLORTA) Finance Committee/Liability As called George Luna Claims Review City Hall Hal Carden Economic Round Table 3rd Wed., 7:00 am Ray Johnson Ken Lerno City Hall County Water Advisory 1 st Wed. Jerry Clay Staff Board SLO Nacimiento Water Purveyors' 3rd Thurs., 10 am Jerry Clay George Luna Contract Technical Advisory Group SLO Integrated Waste Management Authy. 2nd Wed., 1:30 pm George Luna Staff SLO (every other month) North County Council Quarterly, dates deter- Ray Johnson mined by NCC Jerry Clay Water Task Force 1"Thurs., 5 pm Ken Lerno Jerry Clay AMWC Staff Air Pollution Control District 41 Wed., odd months Jerry Clay Ray Johnson 9 am, SLO Bd. Chambers County Mayor's Round Table Monthly luncheons Ray Johnson Hal Carden Locations alternate 12/10/1996 15:39 8054665676 JOHN-MACARI PAGE 01 City Council Minutes 12/10/96, Exh. B. ��D�ptt ATAd� BUSINESS IMPROVEMENT ASSOCIATION Atascadero City Council Dw.10,1996 Atascadero,Ca. Gentlemen, The board of directors of the Ataseadero Business !Wrovement Association would litre to go on record as being in favor of'the proposed bike lanes whirr are being brought •before the council tonight. Sincerely, Susan Macari President BIA 1. O. .-30X z Soy ATASCAVIE2D, CAXJT0%YZA 93i¢3