HomeMy WebLinkAboutMinutes 012897 Agenda Item: A-1
Meeting Date: 4/8/97
Approved as submitted
ATASCADERO CITY COUNCIL
JANUARY 28, 1997
MINUTES
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:02 p.m. and Councilman Luna 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; John Neil, Asst. City Engineer; Cindy Holton, Deputy City Clerk
COUNCIL COMMENTS:
Councilman Luna expressed gratitude to the Streets Division, Police and Fire Dept.
personnel for the placement of barricades during the recent flooding.
Councilman Luna displayed an overhead which reflected Stadium Park accounting (Exh. A,
attached). He stated that a deficit of $90,000 needs explanation and he asked that it be
placed on the City Council's agenda, but would prefer an independent audit. Rudy
Hernandez responded that this issue will be addressed during mid-year budget review.
Andy Takata said he is attempting to schedule a Finance Committee meeting for 2/4/97.
Andy noted the that part of the delay is due to the short-staffing situation in Finance.
Discussion ensued concerning the status of hiring Finance personnel.
Ray Johnson reminded the members of Council to let the City Manager know of any
outstanding items for which follow-up has been requested, and he asked that Andy compile
a complete list prior to his departure. The Finance Committee meeting was confirmed for
2/4/97 at 3:30 p.m.
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COMMUNITY FORUM:
Eric Greening, 7365 Valle, thanked Councilman Luna for bringing up some of the
discrepancies regarding Stadium Park accounting. He said that ANTA recommended that
half of an annual (not clear on specific date) increment of the Tree Mitigation Fund be
programmed to fill in part of the purchase price of Stadium Park, and he requested that be
tracked as well. Andy Takata responded that Stadium Park needs to be taken out of the
General Fund so it can be clearly tracked.
Scott Young, 9312 Bocina, introduced himself as Supervisor Mike Ryan's Administrative
Aid and said he looks forward to working with the city on county issues. He conveyed
telephone numbers of Supvr. Ryan's office: 781-5450, or 781-4339 direct.
Richard Moen, 4200 Portola Rd., requested that a section of roadway between Santa Lucia
and Ardilla on Portola be resurfaced. Brady Cherry reported that Portola Road (600' on
each side of Ramage Ave.) is scheduled for overlay and will go out to bid in about a week.
Mr. Moen requested the overlay extend to Santa Lucia. Mr. Neil noted that the bid will be
on a unit-cost basis, which will allow some flexibility in the field to address some of the
other areas along that stretch of roadway.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - December 10, 1996
(City Clerk's recommendation: Approve)
2. APPROVAL OF WARRANTS - December, 1996
(Staff recommendation: Approve)
3. CITY TREASURER'S REPORT - December, 1996
(City Treasurer's recommendation: Approve)
Mayor Johnson announced that Item A-1 has been continued.
Councilman Luna pulled A-3.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Item A-2. Motion passed unanimously by roll-call vote.
Re: Item A-3: Councilman Luna asked the City Treasurer to explain how he has changed
the City's investment strategy, and he commended Rudy's efforts for the work involved to
track the investments. Rudy Hernandez responded, explaining that his intent is to diversify
the City's funds as much as possible. Councilman Carden requested a report on what the
risk to the City is for investing in LAIF, i.e. what is the risk of default and, were it to occur,
would there be a state intervention. Rudy responded that the state does have staff who
specialize in the risk area; he would prefer to agendize this subject for a future meeting so
he can research the specifics. Further discussion ensued.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Item A-3. Motion passed unanimously by roll-call vote.
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B. PUBLIC HEARINGS:
1. TENTATIVE TRACT MAP/ZONE CHANGE 96011, 10920 EL CAMINO REAL
A. Tentative Tract Map 96011 - Consider application to subdivide a 4.59 acre
property into nine (9) small lots (average lot size 5,829 sq. ft.) for single
family residential development using the Planned Development Overlay Zone
#7 (PD7) and a remainder parcel of 3.06 acres
(Planning Commission/Staff recommendation: Approve based on Findings &
Conditions of Approval)
B. Ordinance No. 319 - Amending Map 23 of the official zoning maps by
rezoning certain real property at 10920 EI Camino Real from RMF/16 to
RMF/16 (PD7) (ZC 96011: Nichols/Charnley/Sholders)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading by title only)
Steve DeCamp, Acting Community Development Director, provided the staff report and
responded to questions from Council. He noted the ordinance needs to be considered first
in order to entitle the proposed tract map.
Mayor Johnson announced that Councilman Clay stepped down from the discussion on this
item due to a potential conflict of interest.
Public Comment
Eric Greening, 7365 Valle, noted from the Planning Commission minutes, included in staff's
report, Commissioner Bowen's concern about safe access and asked why the proposed
subdivision could not be accessed from San Diego Rd. rather than EI Camino Real. John
Neil, Asst. City Engineer, responded. He said the applicant was required to hire a traffic
engineer to analyze the situation and provide recommendations, and he further explained
staff's analyses of the traffic issues.
Motion: By Councilman Carden, seconded by Councilman Lerno to waive the
reading of Ord. No. 319 in full and introduce it on first reading, by title
only. Motion passed by 4:0 roll-call, with Councilman Clay abstaining.
Motion: By Councilman Carden, seconded by Councilman Lerno to approve
TTM 96011, based on Findings and Conditions of Approval. Motion
passed by 4:0 roll-call, with Councilman Clay abstaining.
2. PROPOSED AMENDMENTS TO THE SKATEBOARD ORDINANCE
A. Ordinance No. 320 - Adding Section 4-2.1011 to the Atascadero Municipal
Code, prohibiting skateboard and rollerblade cruising
(Staff/City Attorney's recommendation: Motion to waive reading in full and
introduce on first reading by title only)
Roy Hanley, Deputy City Attorney, provided staff report. Bill Watton, Acting Police Chief
commented that he would prefer, in Section 4-2.1011(b)(2) of the proposed ordinance, that
the time be specified as 20 minutes, rather than the proposed 5 minutes-. In addition, he
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recommended changing the word "utilized" in that same section to "selected". Mr. Hanley
concurred with the suggested changes and confirmed that they would be enforceable.
Council questions and discussion ensued.
Public Comment
Rush Kolemaine, Box 1990, feels there is room for legal contest if the ordinance does not
provide more specific direction for posting—that there should be some minimum size and
clear visibility specified so as to be considered as a reasonable notice.
Rick Mathews, 6950 Navarette, supports the proposed ordinance as a better approach than
banning skateboarding. He expressed support for the Atascadero skate park at the youth
center and encouraged positive support and guidance for Atascadero's youth.
Eric Greening agreed with the previous speaker. He suggested that, if an infraction
includes some kind of property damage, the fine money should go into a restitution fund. If
a citation is for violating the cruising clause of the ordinance, it should provide an
opportunity for the cruiser to contribute to keeping the skate park open longer.
George Beatie, Parks & Rec. Commission Chairman and member of the ad hoc Skateboard
Committee, urged support of this middle-ground approach rather than banning skate-
boarding or an extensive posting of the City. He noted that the ARC Board plans to
circulate a code of ethics to young people as to what might be expected of them as
preferred skateboarding behavior.
Susan Warren, 3556 EI Camino Real, supported this middle-ground approach to the
skateboard issue.
Martha Watson, representing the Adobe Plaza Association, noted that the skateboard
problem has continued to increase over the last year and one-half; clear postings are
repeatedly ignored and torn down. The Association has given authorization to the Police
Dept. to come into the plaza and confiscate skateboards when problems occur. She
supports the proposed ordinance, but encouraged taking of the boards as a consequence to
violations.
Motion: By Councilman Carden, seconded by Councilman Luna to waive the
reading of Ordinance No. 320 in full and introduce it on first reading
by title only, including increasing the time limit in Section 4-
2.1011(b)(2)
-
2.1011(b)(2) from the proposed 5 minutes to 20 minutes, and
changing the word "utilized" in Section 4-2.1011(b)(2)(a) to
"selected". Motion passed by 5:0 roll-call vote.
COUNCIL RECESSED FOR A BREAK FROM 8:15 - 8:25 P.M.
3. PROPOSED NEWSRACK ORDINANCE
A. Ordinance No. 321 - Providing for the regulation of newsracks and repealing
sections inconsistent therewith
(City Attorney's recommendation: Motion to waive reading in full and
introduce on first reading by title only)
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Roy Hanley, Deputy City Attorney, provided staff report and responded to questions from
Council. Lengthy discussion ensued on the regulation and placement of newsracks. Steve
DeCamp added that the City's ordinances are currently silent on that type of regulation, but
staff intends to bring an encroachment ordinance to the City Council for consideration in
about a month which will address private use of the public right-of-way.
Public Comment
Rush Kolemaine expressed support for the stronger and clearer wording in the 2nd proposed
version of the Ordinance No. 321 but supports the rationale and wording in the 1st version.
He conveyed his observations with regulation of this type, based on past experience.
Should the Council opt for approval of the 1 st version, he suggested that wording be added
to Sec. 4 (2): "...and can be subject to removal at the order of [designated City authority]".
Roy Hanley responded that he would not recommend including a provision for direct
removal of a newsrack without a prior judicial determination, citing First Amendment rights
and the issue of "prior restraint" when dealing with movies, newspapers, etc.
Bill Zimmerman, 6225 Lomitas, thanked the City Attorney for bringing this ordinance
forward and urged the Council to move ahead before there is a problem in Atascadero.
Eric Greening agreed with the previous speaker and urged that the 1" version of the
proposed ordinance be adopted. He's glad that the issue of encroachment on sidewalks
will be reviewed soon. He suggested that the issue of adopting a standard for the outdoor
display of printed materials to prevent it from becoming litter be addressed.
Motion: By Councilman Clay, seconded by Councilman Luna, to waive the
reading of Ordinance No. 321 in full and introduce it on first reading,
by title only, including amending the proposed penalty section (Sec.
4(3)) to specify fines not to exceed $100 for a first violation, $200
for a second violation and $500 for each additional violation within
one year. Motion passed by 5:0 roll-call vote.
C. REGULAR BUSINESS:
1. SERVICE AND FUNDING LEVEL OPTIONS FOR THE ATASCADERO LAKE PAVILION
(Parks & Rec. Commission/Staff recommendation: Provide direction)
Brady Cherry provided staff report, and lengthy discussion with Council ensued.
Public Comment
Bill Zimmerman supported the use of the Pavilion as a community center/social hall and
encouraged that it remain available and affordable to community groups.
Council consensus was to return this item to staff and bring the subject back for a'
special study session.
Brady Cherry will bring back specific recommendations based on the social hall concept in
terms of fees and policies. He publicly commended Geoff English for his work on preparing
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the background material for staff's report and for his management of the Pavilion on a very
tight budget.
2. DISCUSSION REGARDING METHOD OF SELECTION OF CITY BOARD &
COMMISSION MEMBERS
(Staff recommendation: Provide direction)
Andy Takata provided staff report. He noted the ramifications of Proposition 208, which,
following their appointment, prohibits a member of an advisory body from contributing to or
soliciting a contribution from the appointing person(s). Roy Hanley noted that the City
Clerk has requested the FPPC's interpretation of the legislation, which will be provided to
the City Council once received. He derived his interpretation from the League of CA Cities
and doesn't expect it to differ from that of the FPPC.
Public Comment
Robert Nimmo, 7375 Bella Vista, addressed his comments relative to the Planning
Commission. He feels that, as the one advisory body which most directly affects the lives
and pocketbooks of the applicants who appear before it, the commission should reflect the
philosophical make-up of the Council which appoints it. He urged the Council to think
seriously about a procedure by which each Councilmember appoints a member to the
Planning Commission with a term to run concurrently with the appointing council member,
whether or not at-large members are included.
Council consensus was to restructure the method of appointment to provide for
direct appointments by the City Council and appointed terms to run concurrent with
their elective terms.
3. RESOLUTION NO. 10-97 - Approving Interim City Manager contract
(Staff recommendation: Adopt)
Andy Takata provided staff report. He indicated that staff contacted the League of CA
Cities, Public Service Skills, for prospective interim candidates. He received a list of three
plus some other individuals had submitted resumes and letters of interest. One of the
League prospects is out of the country and out of contact. Mayor Johnson reported that,
as the appointed subcommittee, he and Councilman Carden had done telephone and/or
face-to-face interviews (see his memo, Exh. B, attached). Council discussion ensued on
how to proceed with an interim appointment. The importance of a smooth transition period
for the interim City Manager with the outgoing was noted.
Public Comment
Eric Greening encouraged that the public be informed of any information that is conceivably
available. He spoke in support of the open interview process.
Motion: By Councilman Carden, seconded by Councilman Clay, to approve the
recommendation of the ad hoc committee to enter into negotiations
with Bob Grogan to provide Interim City Manager services and adjourn
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to a Special Session for contract negotiation and approval. Motion
passed by 4:1 roll-call, with Councilman Luna opposed.
By consensus, a Special Session was scheduled for Monday, February 3, 1997, 3:00 p.m.
to negotiate the contract and formalize the appointment.
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 there was a meeting today
in Morro Bay. One item of discussion was that the CHP is now charging cities for
DUI stops within the cities' jurisdictions. Acting Police Chief Watton added that the
charges are being pulled from the City's portion of the property tax, so the City
doesn't receive a bill nor an accounting of who and where the stops occur in order
to verify them. The Police Chiefs, Mayors and City Managers groups are working
within the county to develop an accounting procedure. Mayor Johnson said he will
bring the issue up with Senator O'Connell and Assemblyman Bordonaro, as well,
and he invited any input from other members of the Council for discussion with
those legislators who are scheduled to meet with the mayors group in February.
The Mayor noted other topics of discussion for that meeting.
2. S.L.O. Council of Govern ments/S.L.0. Regional Transit Authority Councilman
Carden reported that two Atascadero requests for funding will be coming to the
COG, *100,000 for a Hwy. 41/Hwy. 101 Interchange drainage project and *3,000
for a local project study. He expects the tenor of the meeting to be somewhat
political because money will be being reallocated from several cities which have not
advanced their projects. He asked for Council input on whether government should
be involved in regulating electricity. The general feeling was that government
should not regulate in that area, but it was noted that more information would be
needed to formulate an educated opinion.
3. City/School Committee - Councilman Lerno reported that this group met last week,
at which Rolfe Nelson expressed appreciation to the City and the Police Dept. for
assistance in supervising the drug-free zone. There was an update about fundrais-
ing for the high school pool. There was discussion about the City, County and
community combining efforts to build a north county 50-meter swimming pool.
Routes to school were also discussed.
4. Economic Round Table - Mayor Johnson reported that the ERT met last week and
received an update from Cuesta College on their selected north county site. As
information, the Mayor noted that the Economic Vitality Corporation met this week
for an organization briefing.
5. Air Pollution Control District - Councilman Clay reported that the APCD has moved
to 3433 Roberto Ct. in San Luis Obispo, which they purchased for *500,000. At
the last meeting, the APCD put on a program to summarize what they do. Hal
Carden commented that the APCD will likely soon have a request for funding the
Rideshare Program, which he hopes is supported by the APCD. The state may not
be funding Rideshare fully, as in the past, therefore SLOCOG will be requesting
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around $30,000 of transfer from the APCD to fund it, since it is a pollution-
reduction method and a congestion management issue.
6. Integrated Waste Management Authority - Councilman Luna announced that he
received a fax conveying that Bill Worrell had been in an auto accident. Andy
Takata will look into it.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Councilman Luna referred to staff direction regarding make-up of the City's
advisory bodies (Item C-2) and said he would like the option of no reduction in the number
of members to come back for consideration.
Mayor Johnson conveyed that he is meeting informally with the various department
employees and expressing appreciation to them, as well as answering any questions or
concerns they may have.
Ken Lerno reported he is learning a lot as a new Council member. He asked about the
status of a franchise tax for the water company. Roy Hanley responded he can have a
report for the next regular meeting. He also inquired about the status of the reclaimed
water extraction well project on the golf course. Brady Cherry responded that staff has
been negotiating with the county on the price for the reclaimed water. Roy Hanley made
added comments concerning the establishment of a market price on the water.
Councilman Carden reiterated that Council had asked for a Rideshare study awhile back.
Brady Cherry responded that a report, funded by SLOCOG, is being developed now by a
transportation consultant (Nelson-Nygaard).
Motion: By Councilman Luna, seconded by Councilman Clay to continue the
meeting past 11:00 p.m. Motion passed unanimous/y.
Councilman Luna conveyed that, since the Planning Commission agendas are not being
mailed, perhaps they could be provided with keys to the building. Andy Takata responded
that keys were offered as an option and he had informed the Acting Community Develop-
ment Director, so he will reiterate same to him.
Councilman Lerno asked for a round table of local contractors and the Planning/Building
Departments to be agendized. Andy Takata responded that there was formerly an ad hoc
committee of building & planning representatives, including a council member, which may
need to be reactivated. It will be brought back on the next agenda for discussion.
THE MEET/NG ADJOURNED AT 11:01 P.M. TO
A SPEC/AL MEET/NG ON MONDAY, FEBRUARY 3, 3:00 P.M.
MINUTES RECORDED BY: PREPARED BY:
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MARCIA M. TORGERSON, C y Clerk CINDY L. HOLTOR Deputy City Clerk
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Minutes — Exhibit "B"
City Council, 1/28/7
Memorandum for City Council January 28, 1997
From: Ray Johnson, Mayor
Subj: Interim City Manager Search Summary
Hal Carden and I have interviewed three potential candidates for the
interim city council position. Andy will discuss how we came up
with the names.
In addition, I was called by Wayne Estelle who offered to be our
interim city manager for one dollar a month. He is a retire prison
warden (Men's Colony) but has no municipal background, and has not
served in any interim capacity before. Additionally, he would not be
available much beyond three months, due to prison consulting
business commitments.
In reviewing the list, we looked at those who had experience,
understood the issues facing a city, could keep a firm hand on our
finances, could work well with our people and could be helpful in
guiding the council through the process of hiring the next full time
manager.
Our conclusion is that Bob Grogan, who lives in Santa Maria, has the
back ground, experience and skills we need to keep the city
functioning well during the intervening time. He was the City
Manager in Santa Maria from 1963 to 1989. He has been the
president of the League of Cities City Manager's Executive Committee.
He has served two cities as interim city manager, and helped other
cities as the regional rep for the LOCC. He would not require housing
support and would work for the amount we currently pay our city
manager. (Pay & allowances.)
Earl Wilson, Jr. of Rio Dell, has city manager experience in smaller
cities, but has never served as an interim city manager. He has
served as an interim financial manager for a city. He also would
work for similar fees but would require temporary housing. (E.g. cost
more.)
The third candidate had been a city manager of a smaller cities (2)
and had city administrator experience in a couple of cities. He has
served as interim director of a redevelopment agency. His
experience appears weak given our requirements.
Ray Johnson