HomeMy WebLinkAboutMinutes 011497 Agenda Item: 1
Meeting Date: 3/19/97
(Approved as submitted)
ATASCADERO CITY COUNCIL
JANUARY 14, 1997
MINUTES
6:00 P.M. - CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Names of Cases: City of Atascadero v. Travis Development Corp. (SLO Co. Superior Court
074910) and Schumann v. City of Atascadero (SLO Co. Superior Court CV078601)
PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Manager - Discussion of salary ranges for search for interim replace-
ment (G.C. Section 54957)
The Closed Session adjourned at 7:00 p.m. For the record, guidance was given in
closed session to the Deputy City Attorney concerning the City's case against Travis Dev-
elopment, guidance was given to Scott Baker of Wyatt & Baker concerning the upcoming
settlement conference on the Schumann case, and direction was given to City Manager
Andy Takata concerning the maximum salary range for an interim city manager
replacement.
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:05 p.m. and Councilman Carden
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; Rudy Hernandez, City Treasurer
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; Cindy Holton, Deputy City Clerk
COUNCIL COMMENTS:
Councilman Clay noted that he toured the Police Department and has areas of concern
about income for the City. He has discussed with Acting Chief Watton the possibility of
the APD and the SLO County Sheriff sharing one another's facilities. Chief Watton
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indicated that he has not made formal contact concerning an overall agreement, but has
discussed a holding cell agreement. Preliminary work needs to be done to determine the
space needs of the Sheriffs Department. Councilman Clay conveyed that he discussed
with Andy Takata the possibility of renting out any vacant space in the Administration
Building. Andy not that he is reviewing with Steve DeCamp the space needs of the
Community Development Dept. (CDD) so as to possibly accommodate any available space
rental by outside users. The CDD is considering a possible move to the 1" Floor.
Councilman Clay expressed concern about water leaks from the roof of the Admin. Bldg.
Andy Takata said that basically a patchwork approach has been ongoing. Brady Cherry
added that a roof assessment was done about 1 %2 years ago and bids were received. The
installation of outside Christmas lights might have caused some damage due to the number
of persons walking on the roof. Brady indicated he will prepare an updated assessment in
order to determine cost estimates for re-roof or patch.
Councilman Clay asked to move item C-3 on tonight's agenda forward. Council consensus
was to change the order and consider this item first under Regular Business.
COMMUNITY FORUM
Lindsay Hampton, 8402 Alta Vista, announced the latest publicity efforts of the Charles
Paddock. She displayed promotional signs which have been placed in 40 CCAT buses
throughout the county as part of the Youth Freedom Pass Program, which began in
December, for children, Grades 1-12. The bus pass is $15 dollars and includes coupons,
one of which is discounted admission to the zoo. She noted that Route 9 makes 3 stops
per day at the zoo on Saturdays. The cost to the zoo for this promotion was $150 for six
months.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - November 26, 1996
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - November 20, 1996 (Special Meeting) (cont'd from
12/10/96)
(City Clerk's recommendation: Approve)
3. CITY TREASURER'S REPORT - July, 1996
(City Treasurer's recommendation: Approve)
4. CITY TREASURER'S REPORT - August, 1996
(City Treasurer's recommendation: Approve)
5. CITY TREASURER'S REPORT - September, 1996
(City Treasurer's recommendation: Approve)
6. CITY TREASURER'S REPORT - October, 1996
(City Treasurer's recommendation: Approve)
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7. CITY TREASURER'S REPORT - November, 1996
(City Treasurer's recommendation: Approve)
8. CITY TREASURER'S REPORT - December, 1996
(City Treasurer's recommendation: Approve)
9. TENTATIVE PARCEL MAP 96014, 6600 LOMITAS ROAD - Consideration to
subdivide one lot of 8.00 acres into two (2) lots of 3.00 and 4.46 net acres each for
single family residential use (Graves/Sholders)
(Planning Commission/Staff recommendation: Approve)
10. FINAL TRACT MAP 96003, 7350 MORRO RD. - Consideration to subdivide one (1)
lot containing 0.7 acres into five (5) parcels ranging in size from 4,458 sq. ft. to
8,500 sq. ft. (Gearhart/Cannon Associates)
(Staff recommendation: Approve)
11. RESOLUTION NO. 03-97 - Designating a no parking zone on San Andres Ave. at
Cristobal Ave.
(Traffic Committee recommendation: Adopt)
12. RESOLUTION NO. 05-97 - Approving a Memorandum of Understanding between the
City of Atascadero and the Atascadero Sergeants Service Organization
(Staff recommendation: Adopt)
13. RESOLUTION NO. 06-97 - Approving a Memorandum of Understanding between the
City of Atascadero and the Atascadero Police Officers Association
(Staff recommendation: Adopt)
14. RESOLUTION NO. 07-97 - Approving a Memorandum of Understanding between the
City of Atascadero and the Atascadero Public Safety Technicians Organization
(Staff recommendation: Adopt)
Mayor Johnson announced that new Councilmembers Clay and Lerno will abstain from
voting on Item A-2, since they were not on the Council at that meeting. Items A-9 and A-
10 will be pulled for separate discussion. Mr. Takata announced that Item A-8, although
listed, is not a part of the agenda packet and is continued.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Items A-1 through 7 and A-1 1-14. Motion passed unanimously by
roll-call vote, with Councilmen Clay and Lerno abstaining from the
vote on Item A-2.
Re: Item A-9: Councilman Luna stated that he cannot support approval of this item due to
concerns about the proximity to the creek, the flag lot and its steepness and would prefer
it come back for a public hearing. Councilman Clay had a question of staffconcerningthe
location of the access road to the lot, to which Mr. DeCamp responded.
Motion: By Councilman Carden, seconded by Councilman Clay to approve Item
A-9, TPM 96014. Motion passed by 3:1 roll-call, with Councilman
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Luna opposed and Councilman Lerno abstaining from the vote due to
possible conflict of interest.
Re: Item A-10: There was no discussion on this item.
Motion: By Councilman Carden, seconded by Councilman Luna to approve
Item A-10, Final Tract Map 96003. Motion passed by 3:0 roll-call
vote, with Councilman Clay and Lerno abstaining from the vote due to
possible conflict of interest.
B. PUBLIC HEARINGS:
1. RESOLUTION NO. 102-96 - Summarily vacating a portion of Ardilla Road pursuant
to Streets & Highways Code, Part 3, Public Streets, Highways and Service
Easements Vacation Law; Chapter 4, Summary Vacation (RS #96001: Shores)
(Planning Commission/Staff recommendation: Adopt)
Steve DeCamp, Acting Community Development Director, provided the staff report and
responded to questions from Council. There was no public comment.
Motion: By Councilman Carden, seconded by Councilman Clay to adopt
Resolution No. 102-96. Motion passed by 4:0 roll-call vote, with
Councilman Lerno abstaining from the vote due to possible conflict of
interest.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 01-97 - Approving a Lease Agreement between the City of
Atascadero and Spotlight Ministries for use of the Youth Center on Friday nights for
a drop-in teen program
(Parks & Recreation Commission recommendation: Adopt)
Mayor Johnson reiterated that this item was moved up on the agenda by Council
consensus, by request of Councilman Clay (see Council comments, above).
Brady Cherry, Community Services Director, provided staff report and responded to
questions from Council In addition to the written report, Brady noted that staff does have
concerns about the fact that the subject building is an unreinforced masonry structure and
suggested that, at some point, an ad hoc committee make a determination of appropriate
use of the building in its present condition.
Councilman Luna suggested that staff be apprised by the Fire Department of an emergency
strategy, which should be passed along to those in charge of the program.
Public Comment
DeLinda Madero, Coordinator for Spotlight Ministries, commented on the merits of the
program and how it came about. She noted that over 5,000 kids (ages 8-16) came during
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the 40 weeks they operated last year. The goals of the program are: 1) Give the kids a
fun, safe place to hang out; 2) get the churches, clubs and merchants to support it so the
program lasts; 3) to make a difference in Atascadero.
Tricia Gibbons, an Atascadero Jr. High student, spoke in support of the program.
Jonathon Rogers, an 1 1-year-old San Gabriel Rd. School student, spoke in support of the
program.
Heidi Sizemore, an Atascadero High School student and a dance director in the youth
program, spoke in support of the program.
Rush Kolemaine, Box 1990, inquired about liability insurance requirements, to which Brady
Cherry responded. He indicated that the City is insured on the building, but Spotlight
Ministries is required to provide a certificate of insurance as well. Roy Hanley added that
an insurance certificate is a requirement of the lease. Mr. Kolemaine also asked if there are
any restrictions as to participants' race, religion or national origin, to which Ms. Madero
responded that there are none.
Motion: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 01-97. Motion passed by unanimous roll-call vote.
2. S.L.O. COUNTY ECONOMIC VITALITY CORPORATION - Presentation by Gregg
Goodwin, President/CEO
A. Resolution No. 08-97 - Resolution in support of the Economic Vitality
Corporation of San Luis Obispo County (Joint cities/county resolution)
(Staff recommendation: Approve)
B. Appointment of Council representative to EVC Board of Directors
(Staff recommendation: Select Council appointee)
City Manager Andy Takata summarized the EVC proposal.
Gregg Goodwin, President and CEO of the EVC, asked that the City join the cities of Paso
Robles and Grover Beach in becoming a public member of the EVC. He added that the
proposal goes before the City and County of San Luis Obispo on January 21St. An
orientation is planned for January 24th, when they hope to have the appointed represen-
tatives of five units of local government (the afore-mentioned and Atascadero) represented
on the EVC Board of Directors. The term is one year, to be reassigned annually. He
responded to questions from the Council and lengthy discussion ensued. Mr. Takata noted
that the issue of authorizing a contract with the EVC and any expenditure of funds related
to those services will come to the Council for consideration at a future date. Mr. Goodwin
added that appointing a City representative to the EVC Board does not in any way obligate
the City to expend funds to the program.
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Public Comment
Rush Kolemaine, Bob 1990, Atas., expressed concern about any economic development
effort the City engages in which might delay the development of that capability within City
government. To the extent that the EVC can serve the needs of the City, he would
encourage the Council's support of this effort. He urged that the Council representative
appointed to the EVC Board to look out for the people of Atascadero.
Eric Greening, 7365 Valle, hopes the Council does not make a decision that would tie the
City's hands in terms of long-term commitment of CDBG funds. He expressed support for
the regional planning approach.
Mike Molina, Chamber of Commerce President, expressed support for the proposed
concept. He encouraged the Council to fully utilize this plan by having someone local, as
well, looking out for the economic vitality of Atascadero.
Motion: By Councilman Carden, seconded by Councilman Lerno to adopt
Resolution No. 08-97. Motion passed by unanimous roil-caii vote.
Councilman Carden recommended that, as Mayor and the City's
representative to the Economic Round Table, Ray Johnson be
appointed to the EVC. Mayor Johnson indicated he would accept that
appointment. Council consensus was to appoint Mayor Johnson to
the EVC Board.
Mr. Goodwin noted that Mr. Molina's comments are well taken. He conveyed that it is
imperative for the EVC to work with the representatives of Atascadero, and it has been
their intent all along to work cooperatively and collaboratively with the Chamber and other
such organizations.
26.. 3. RESOLUTION NO. 04-97 - Requesting the Local Agency Formation Commission to
take proceedings for the annexation of territory to the City of Atascadero desig-
nated as the "Southeast Atascadero Public Lands Annexation"
(Staff recommendation: Adopt)
Steve DeCamp, Acting Community Development Director, provided the staff report. He
noted that most of the major questions that may be raised about this annexation will be
answered during public hearings required by LAFCO. He responded to questions from
Council and related discussion ensued.
Public Comment
Eric Greening, 7365 Valle, commented that he tends to favor the annexation, however the
staff report does not discuss the costs of the City's participation in things if we had a
higher population. He encouraged that both sides of the issues (revenues as well as costs)
be prepared for discussion when this item comes back to the Council for public hearing.
Motion: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 04-97. Motion passed by unanimous ro/%ca// vote.
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4. 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) (ZC 96003)
(Planning Commission/Staff recommendation: Motion to waive reading in full and
adopt on second reading, by title only)
Steve DeCamp, Acting Community Development Director, introduced this item. There
were no questions from the Council and no public comment.
Motion: By Councilman Carden, seconded by Councilman Lerno to waive the
reading of Ordinance No. 317 in full and adopt it on second reading,
by title only. Motion passed by unanimous roll-call vote.
5. 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) (ZC 96004)
(Staff recommendation: Motion to waive reading in full and adopt on second
reading, by title only)
Steve DeCamp, Acting Community Development Director, introduced this item. There
were no questions from the Council and no public comment.
Motion:- By Councilman Carden, seconded by Councilman Lerno to waive the
reading of Ordinance No. 318 in full and adopt it on second reading,
by title only. Motion passed by 3:2 roll-call vote, with Councilmen
Clay and Luna opposed.
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. County Mayors Group - Mayor Johnson reported that this group met and is
setting up meetings with Assemblyman Tom Bordonaro and Senator Jack O'Connell
to review issues of local concern.
2. SLOCOG/SLORTA - Councilman Carden said this group met last week and discussed
regional unmet transportation needs. There were no new unmet needs which met
the criteria addressed at that meeting. The group reviewed the Congestion Man-
agement Plan, the mandatory requirements of which the County Supervisors voted
not to opt out of, which made the City's action to opt out a mute point. The COG
recommended that the Supervisors re-review this option, and it seems as though the
trend may be in opposition to the mandatory requirements of the CMP. At a future
meeting, they will cover round-abouts (i.e., traffic circles) and he will report at that
time.
3. Economic Round Table - Meets next Wednesday.
4. North County Council - Mayor Johnson reported that he has scheduled a meeting
with the Paso Robles Mayor and Supervisors Ovitt & Ryan to discuss the viability of
this group.
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5. Integrated Waste Management Authority - Councilman Luna commented that the
American Society of Civil Engineers issued a certificate to the City for being
nominated for an award for the success of its solid waste reduction program.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Councilman Clay requested a calendar of meetings. Mayor Johnson asked
the representatives of various committees to submit meeting schedules so they can be
incorporated on a calendar.
Mayor Johnson commended a Western Cities article in this month's issue on city financing
to the other members of the Council Councilman Luna noted the concern of cities across
the state about the effects of Prop. 218, and he encouraged cities and the League to get
involved in trying to change the tax structure. Related discussion ensued.
Mayor Johnson reported that he and Councilman Clay attended a "Designing the Future"
forum on Saturday. He has asked Henry Engen, who is on the board, for a break-out of the
input that came from Atascadero. Councilman Clay noted that it was interesting that, of
about six subjects to choose from to discuss in groups, six groups chose solving youth
problems and six chose the environment.
Councilman Carden reported that the COG Work Program Plan includes a budget request
for a survey, review and perhaps marketing of a road improvement tax. This is a regional
concept for infrastructure improvements. Councilman Luna mentioned Colony Roads, and
Roy Hanley commented that Art Montandon has been deputized to complete the work on
the Colony Roads settlement, which is currently in litigation.
City Attorney - Roy Hanley commented on the status of the skateboard ordinance. He has
collected various ordinances from around the state which address both skateboarding and
cruising. He anticipates having a workable ordinance on Acting Police Chief Watton's desk
by the end of the week for review, followed by a report and proposed ordinance for the
next City Council meeting.
City Clerk: Request direction to advertise upcoming vacancies on the Planning Commis-
sion, Parks & Recreation Commission and Community Services Foundation - Marcia
Torgerson commented on upcoming vacancies on the above advisory bodies. Mayor John-
son commented on the repeated shortage of applicants to City board recruitments. He
suggested the method of selection be changed to members being directly appointed by the
members of the City Council. Andy Takata suggested that staff be directed to prepare a
report of options for method of appointment for Council consideration. Councilman Luna
suggested that the local newspaper elicit community input through the letters to the editor.
The City Clerk was directed to open the recruitments.
City Manager - Andy Takata reported that seven proposals for City Attorney services have
been received. They will be distributed to the Council with a summary survey sheet of
what other cities in the county pay for attorney services. It was clarified that these are
public documents.
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