Loading...
HomeMy WebLinkAboutMinutes 021197 - Special Mtng Agenda Item #A-1 Meeting Date: 4/22/97 Approved as Submitted ATASCADERO CITY COUNCIL FEBRUARY 11, 1997 MINUTES 6:00 P.M. -SPECIAL SESSION: Mayor Johnson called the Special Session mid-year FY 1996-97 budget review to order at 6:02 p.m. As a result of the Council not receiving the information for this special session until this morning, the Council agreed to continue the item. They decided to take public comment but continued discussion of the item to February 25, 1997, at 6:00 p.m. Public Comment Rush Kolemaine, P.O. Box 1990, expressed his appreciation to the Council for recognizing the tardiness of submission of this report and its effect on the Council and the public. He went on to encourage all citizens to take a look at how the City is spending its funds. Eric Greening, 7365 Valle, asked for clarification of the Mayor's comments about public comment on this issue. Mayor Johnson explained that the Council will not close this item to public comment until the end of the public comment portion of this item at the February 25, 1997, meeting. Mr. Greening went on to say that he agreed with continuing the item. Leon Korba, 10905 Santa Ana Road, commented on his concerns of if the Council is going to be able to address priorities for future spending. Mayor Johnson responded that the Goal Setting Session scheduled for tomorrow has been postponed due to the facilitator's mother being in the hospital. It should be re-scheduled soon. Mayor Johnson closed the meeting to public comment on this issue, the Special Session mid-year FY 1996-97 budget review, until February 25, 1997, where the item has been continued. Andy Takata, City Manager, reported that he had, as part of his report tonight, figures regarding Stadium Park. He asked if the Council would like him to review those figures tonight. The Council agreed and Mr. Takata reviewed his handout of figures (Exhibit A, attached). Discussion ensued regarding paying back the Wastewater fund and the high interest paid concerning Stadium Park. Councilman Luna asked when the TEA grant was first available. Art Montandon, Deputy City Attorney, responded that due to procedural steps the funding cycle was pushed back as a result of the need for a second appraisal. There was more discussion of the timing of the TEA grant, funding cycles, appraisals, etc. Councilman Clay asked if everything was done in a timely manner. Mr. Takata and Mr. Montandon responded by explaining the procedures the City was required to follow. Public Comment Joan O'Keefe, 9985 Old Morro Road East, addressed Councilman Luna's question concerning the Ardilla project and expressed surprise at Mr. De Camp's comments that the City had received some funds from that project. She went on to state that she recently had been in contact with Staff and had been told that there had been no mitigation on that project. CC 2/11/97 Marge Mackey, Tunitas St., remarked that ANTA has planted a lot of trees all over the City that have not cost the City anything, using volunteer labor. Eric Greening, 7365 Valle, revealed that the City was looking into the TEA grant as early as 1992. Mr. Greening also expressed concern as to how much tree removal mitigation is really taking place. He went on to advise that tree removal mitigation is more than just complying with our City's Tree Ordinance, it's a compliance to CEQA requirements to mitigate negative declarations. Mayor Johnson closed the public comment portion of this item, Stadium Park discussion. Councilman Luna asked for an explanation of the special legal expenses noted on page 1. Roy Hanley, Acting City Attorney, responded by explaining that Art Montandon is serving temporarily as Deputy City Attorney until this Council resolves who the permanent City Attorney will be. His work is not part of the special legal services. Mr. Hanley continued by stating that there are only three items currently in the special litigation budget and they are Orange County, the Carlton Hotel and the administrative appeal filed by the Police Chief. Mayor Johnson announced that this item, Special Session mid-year FY 1996-97 budget review, will be continued to February 25, 1997, at 6:00 p.m. THIS SPEC/AL SESSION WAS ADJOURNED AT 6.50 P.M. TO RECESS UNTIL REGULAR MEET/NG AT 7.00 P.M. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called the Regular Session to order at 7:05 p.m. and Mayor Johnson led the Pledge of Allegiance. ROLL CALL: Present: Council members 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; Robert Grogan, Interim City Manager; Brady Cherry, Community Services Director; Roy Hanley, Acting City Attorney, Art Montandon, Deputy City Attorney; Steve De Camp, Acting Community Development Director; Lt. Bill Watton, Acting Chief of Police; Mike McCain, Fire Chief, John Neil, Asst. City Engineer; City Holton, Deputy City Clerk. CC 2/11/97 Page 2 PRESENTATION: Mayor Johnson presented Andy Takata, City Manager, with a plaque of appreciation for his service to the community as the Community Services Director, Assistant City Manager and City Manager. Mr. Takata expressed his thanks for the opportunity he has had in Atascadero. In addition, he stated that this move will be good for his family and for the City Council as they will have this opportunity to choose someone to lead them to the next millennium. COUNCIL COMMENTS: Councilman Clay thanked Rudy and Andy for the Stadium Park update. He asked of Steve De Camp, the details of the Tree Ordinance as it relates to planting versus paying into the fund. Mr. De Camp explained that it costs the property owner less to plant trees than to pay into the fund. Mayor Johnson commented that he was planning on having Cuesta College come and brief our community on their north county plans. Councilman Luna supported his comments. Councilman Luna stated his request for the Council to pressure our legislators and the League to set up a sales tax shift proposal. Further, he would like to see this on the agenda so that a resolution in support could be considered. Mayor Johnson added that he thought the Council had done something like that before so Staff could refer to prior actions for guidance. COMMUNITY FORUM Eric Greening, 7365 Valle, expressed agreement with Lon Allan in relation to the function of the planning commission. He also remarked that he valued the input of the planning commission. Also, regarding the Goal Setting Session, he urged the Council to notice the meeting to the public. Joan O'Keefe, 9985 Old Morro Road East, spoke concerning conflict of interest. She had noticed that both Councilman Lerno and Councilman Clay have stepped down from voting but no reason has been given. As an example, Ms. O'Keefe related that a couple of weeks ago Supervisor Ryan stepped down and he informed the audience why. She went on to state that she was interested as to why Councilman Lerno and Councilman Clay have stepped down. Mayor Johnson responded by stating that the Council has asked the City Clerk to review this issue. Furthermore, he explained that he planned on asking the City Clerk and the City Attorney to work together on a set of guidelines to bring to the Council assuring that the Council is following all the rules. Councilman Lerno responded by stating that he's not always sure if he's required to step down. Therefore, as a conservative measure, he has stepped down whenever there was any doubt. Councilman Clay expressed that he has done the same. Geraldine Brasher, 3202 Monterey Road, addressed the subject 9f individual appointments to the planning commission. She stated, as a former planning commissioner, that she felt it was important to maintain diversity in the planning commission. CC 2/11/97 Page 3 Leon Korba, 10905 Santa Ana Road, expressed that, concerning the planning commission appointments, he felt they do a lot of research that the Council is unable to do because of time constraints. The Council can still overturn any decisions the planning commission might make. Dorothy McNeil, 8765 Sierra Vista Road, commented that appointing planning commissioners does not allow for public applications and public interviews. She said she felt that was a vital part of the process. Raymond K. Jansen, 6655 Country Club Drive, read a prepared statement expressing his philosophy concerning attitudes as they effect the our relationships with others. Mayor Johnson closed the community forum portion of the meeting. He then stated an oversight on his part to welcome Bob Grogan, Interim City Manager. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - December 10, 1996 (City Clerk's recommendation: Approve) 2. TENTATIVE PARCEL MAP 96012, 6060 SAN GABRIEL ROAD - Consider application to divide an 8.46 acre original Colony lot into two (2) new parcels of 4.32 and 4.14 acres for single-family residential use (Rede)/Sholders) (Planning Commission/Staff recommendation: Approve) Councilman Luna pulled Item A-1. Motion: By Councilman Luna, seconded by Councilman Carden to approve Item A-2. Motion passed 5:0 by roll-call vote. RE: Item A-1: Councilman Luna asked that the minutes be corrected on page 7, where it says Senator Montoya's bill, it should be Senator Mountjoy. He indicated he may not have enunciated clearly. Motion: By Councilman Luna, seconded by Councilman Carden to approve Item A-1 with the above-mentioned corrections. Motion passes unanimously by roll-call vote. B. PUBLIC HEARINGS: None scheduled. C. REGULAR BUSINESS: 1. RESOLUTION NO. 17-97 - Authorizing an agreement between the City and David M. Griffiths & Associates, Ltd. for executive recruitment services (Staff recommendation: Adopt) CC 2/11/97 Page 4 Andy Takata provided staff report and explained the differences between the firms being considered. Mr. Takata and Bob Grogan, Interim City Manager, then answered Council questions. Public Comment - None. Motion: By Councilman Luna, seconded by Councilman Lerno to adopt Resolution No. 17-97 authorizing an agreement between the City and David M. Griffiths & Associates, Ltd. for executive recruitment services. Motion passed unanimously by a roll-call vote. 2. RESOLUTION NO. 14-97 - Authorizing City Manager to enter into agreement for City Attorney services (Staff recommendation: Adopt, or provide direction) Andy Takata, City Manager, related that he was aware that some of the council members were unable to review all the proposals as the Staff report was late. If that's the case, he wanted to request that the item be continued. Council consensus was to continue this item to the next meeting, February 25, 1997. 3. ECONOMIC VITALITY CORPORATION A. Resolution No. 15-97 - Authorizing the execution of an agreement with the Economic Vitality Corporation of S.L.O. County to administer the City's Revolving Loan Fund Block Grant (Staff recommendation: Adopt) B. Resolution No. 16-97 - Authorizing the execution of an agreement with the Economic Vitality Corporation of S.L.O. County to provide Economic Development Services (Staff recommendation: Adopt) Andy Takata, City Manager, provided staff report. Gregg Goodwin, president of the Economic Vitality Corporation, answered numerous Council questions. The main topic of questions were concerning the $15,000.00 fee for service and how it was developed. Mr. Goodwin explained it was based on population. Councilman Luna asked that the Council turn to page 40 of the Staff report, the contract. He recommended that Section #3 should read, "Said report shall include a detailed breakdown of all activities benefiting the City of Atascadero." Mr. Goodwin stated he had no problem with that wording. He also responded to Councilman Clay's question of how the EVC would work with our Chamber of Commerce. CC 2/11/97 Page 5 Public Comment Rush Kolemaine, P.O. Box 1990, explained that he was the only person in the history of Atascadero that came to the City Council with a suggestion on how to create economic development capability within city government. He expressed his concern that this agreement would not address the specific needs of Atascadero but the county as a whole. Mr. Goodwin responded by stating that the EVC will serve all cities equally. Micki Ready, Atascadero Chamber of Commerce, reported that she had not had a chance to meet with Mr. Goodwin, but that she did have some reservations. She then requested that the Council continue this item so that the Chamber could have some time to meet with the EVC and go over their concerns. Mayor Johnson asked Mr. Takata where the $15,000.00 for the development agreement would be coming from and Mr. Takata answered it would be coming from CDBG funds. Leon Korba, 10905 Santa Ana Road, expressed concern over lack of details in these agreements. Geraldine Brasher, 3202 Monterey Road, asked if EVC doesn't perform to our satisfaction, how soon could we get out of the contract. Roy Hanley, Acting City Attorney, responded that it's an annual contract. Mr. Goodwin added that there's a 30-day clause in the contract. Gary Kirkland, 4620 Portola Road, voiced his concerns of accepting federal grant money which would put the federal government in greater debt than it already is. Rush Kolemaine, P.O. Box 1990, stated he agreed with Micki Ready's request to continue this item to give the business community some time to review these agreements. Raymond Jansen, 6655 Country Club Drive, commented that he was concerned that Atascadero will get left out. Public comment closed. Mayor Johnson stated that this is not a new issue. It started with the ERT of which the Chamber is a member. We even have an economic element of our General Plan. Lengthy Council discussion ensued. Mayor Johnson said that he would open this item again to public comment against his better judgment. Public Comment Rush Kolemaine, P.O. Box 1990, stressed letting the public have input in this process. Micki Ready, Chamber of Commerce, apologized for the confusion. She explained that her problem is with the formula. Public comment closed. CC 2/11/97 Page 6 Motion: By Councilman Carden, seconded by Councilman Luna to adopt Resolution No. 15-97 authorizing the execution of an agreement with the Economic Vitality Corporation of S.L.O. County to administer the City's Revolving Loan Fund Block Grant. Motion passes unanimously by a roll-call vote. Motion: By Councilman Carden, seconded by Councilman Luna to adopt Resolution No. 16-97 authorizing the execution of the agreement with the Economic Vitality Corporation of S.L.O. County to provide Economic Development Services with the following amendments: A 30-day clause, a flat fee instead of formula and on page 40, section 3 adding Said report shall include a detailed breakdown of all activities benefiting the City of Atascadero." Motion passes unanimously by a roll-call vote. Mayor Johnson called for a 10 minute recess. 4. AMERICANS WITH DISABILITIES ACT ^ A. Resolution No. 11-97 - Approving the reallocation of $5,000 in the 1995-96 CDBG funds for preparation of Americans with Disability Act (ADA) reports (Staff recommendation: Adopt) B. Resolution No. 12-97 - Authorizing the execution of an agreement with Phillips Metsh Sweeney Moore Architects for preparation of the City of Atascadero's Self-Evaluation and Transition Plan Reports (Staff recommendation: Adopt) Brady Cherry, Community Services Director, provided staff report and answered Council questions. Roy Hanley, Acting City Attorney, also responded to Council questions. Mayor Johnson confirmed with Mr. Cherry that the Council doesn't have a choice in this matter. Mr. Cherry agreed and added that this study is a federal requirement. Public Comment Don Sheer, SLO CO Access, spoke in favor of allocating the additional $5,000 for the transition plan. He stated that he appreciated the City's attempts at compliance and that SLO CO Access would like to work with the City in getting this done. Paul Wolf, vice-chair of SLO CO Access, consulting architect on the ADA explained that the ADA is a civil rights law, not a puilding law. Janice Casaka, Tot Lot Committee, came to show support of access to all public facilities for everyone. Public comment closed. CC 2/11/97 Page 7 Motion: By Councilman Luna, seconded by Councilman Carden to adopt Resolution No. 11-97 approving the reallocation of $5,000 in the 1995-96 CDBG funds for reparation of Americans with Disability Act (ADA) reports. Motion passed unanimously by at roll-call vote. Motion: By Councilman Luna, seconded by Councilman Carden to adopt Resolution No. 12-97 authorizing the execution of an agreement with Phillips Metsh Sweeney Moore Architects for preparation of the City of Atascadero's Self-Evaluation and Transition Plan Reports. Motion passed unanimously by a roll-call vote. 5. GRAVES CREEK RECONSTRUCTION PROJECT (Staff recommendation: Approve revised scope of work) John Neil, assistant City Engineer, provided staff report, explaining that this project would be paid for out of the developer impact fees fund and not the general fund. He answered Council questions. _ Public Comment Fred Frank, 3615 Ardilla, spoke for the Frank family and the Hidden Springs Tree Farm. He expressed support for the staff's recommendation to narrow the scope of the project and focus on drainage. Mr. Frank wanted to go on record as requesting that the Council support the full remediation of the drainage problem which has affected his property. Becky Elwood, 7720 Graves Creek Road, voiced support for staff's decision to address the drainage problems on Graves Creek Road. Craig Dobbs, 7755 Graves Creek Road, also expressed support for the revised scope of work recommended by staff. Mr. Dobbs also asked for a stop sign on Graves Creek Road. Mayor Johnson suggested that he submit that request to the Traffic Committee for review. Public comment closed. Motion: By Councilman Luna, seconded by Councilman Lerno to approve the revised scope of work on Graves Creek Road reconstruction project. Motion passed unanimously by a roll-cal/ vote. 6. MEMBERSHIP OF THE AD HOC DEVELOPMENT REVIEW COMMITTEE (Staff recommendation: Reaffirm membership & make appointments to two vacancies) Steve DeCamp, Acting Community Development Director, provided staff report and answered Council questions. Discussion ensued concerning whether this is an ad hoc committee or a standing committee. Roy Hanley, City Attorney, added that if it is a standing committee it must comply with the Brown Act and notice its meetings, etc. Councilman Lerno offered to fill the Council member vacancy. CC 2/11/97 Page 8 Public Comment - None. Mayor Johnson received Council consensus to appoint Councilman Lerno to fill that position. Council diracted staff to review member list, check with existing members to see if they want to continue, and fill any vacancies as before, i.e. if the Board of Appeals position is vacant, have the Board of Appeals appoint a new representative. 7. 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 adopt on second reading by title only) Councilman Clay announced that he was stepping down on this item because of a conflict of interest. There is a good possibility that when this development is completed, he would be listing the homes. Steve DeCamp, Acting Community Development Director, provided staff report. Public Comment - None. Motion: By Councilman Carden, seconded by Councilman Lerno to waive reading in full and adopt on second reading by title only Ordinance No. 319. Motion passed 4:0 by roll-call vote. 8. 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 adopt on second reading by title only) Mayor Johnson stated that this ordinance now includes the changes that were requested by the Council Roy Hanley, City Attorney, confirmed that statement. Public Comment - None. Motion: By Councilman Luna, seconded by Councilman Lerno to adopt Ordinance No. 320. Motion passed 5:0 by roll-call vote. 9. 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 adopt on second reading by title only) No Council questions or comments. CC 2/11/97 Page 9 Public Comment - None. Motion: By Councilman Luna, seconded by Councilman Carden to adopt Ordinance No. 321. Motion passes unanimously by a roll-call vote. D. COMMITTEE REPORTS 1. S.L.O. County Mayors Group: Mayor Johnson announced that the Mayors will be meeting with Tom Bordonaro and Jack O'Connell on the 21 st. and bringing to their attention several items including funding mandates. 2. S.L.O. Council of Governments: Councilman Carden stated that Atascadero is due to receive $100,000.00 for the 41/101 drainage project. That will fully fund the $700,000.00 project. 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group: Councilman Clay reported that the unclaimed Nacimiento water was discussed. 4. Finance Committee: Councilman Luna announced that they met last Wednesday to go over the mid-year budget review. 5. Ad Hoc Regional Water Management Committee: Councilman Clay reported that Santa Maria request for taking State water and running it through their system and then redistribute it and sell to the Nipomo basin was discussed. Also, well testing techniques were reviewed. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council: Mayor Johnson commented on the memorandum distributed by the City Clerk regarding conflicts of interest. He asked the City Clerk and City Attorney review this together and come back with some guidelines on the reporting of conflicts and the correct method of handling it. Councilman Clay asked if the Council could receive their agenda packets earlier for review. Andy Takata, City Manager, responded that it was being worked on and that Bob Grogan, Interim City Manager, would be implementing a new schedule for agenda completion. City Clerk: Marcia Torgerson, City Clerk, asked for authorization to recruit for a City representative on the Citizens' Transportation Advisory Committee. City Manager: Andy Takata, City Manager, clarified that the Goal Setting Session was postponed due to the consultant's father-in-law's sudden, grave medical condition. The session will be re-scheduled soon. Mr. Takata also explained that there were several personnel issues pending and since he was leaving in 3 days, Bob Grogan would be handling those issues. In conclusion, Mr. Takata expressed his opinion of the future of Atascadero. CC 2/11/97 Page 10 The meeting was adjourned by Mayor Johnson at 10:02 p.m. to closed session. F. CLOSED SESSION: (Called to order at 10:05 p.m.) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager An exit interview was held of Andy Takata. The closed session was adjourned by Mayor Johnson at 10:50 p.m. to the meeting of February 25, 1997, at 6:00 p.m. MINUTES RECORDED BY: 10? MARCIA M. TORGERSON, Cit Jerk ATTACHMENTS: Exhibit A - Schedule of Stadium Park Costs CC 2/11/97 Page 11 City of Atascadero Schedule of Stadium Park Costs Funding Uses Amount Principal Due $248,500.00 Interest 7/6/93-7/5/94 24,850.00 Interest 7/6/94-7/5/95 24,850.00 Interest 7/6/95-12/5/95 10,354.15 (5 mos) Interest 12/5/95-12/31/95 1,794.78 (26 days) Interest 1/1/96-1/31/96 2,070.83 Interest 2/1/96-2/14/96 1.104.48 Subtotal (principal and interest) $313,524.24 Add: Taxes for FY 1993/94 651.84 Subtotal-Amount to be paid to purchase Stadium Park $314,176.08 Misc. Notes: Payee: Laskin &Graham Trust Account. Date paid:2/14/96, Check No. 52662 Other Costs Related to Acquiring Stadium Park Appraisal services $ 2,500.00 Legal services 1,807.65 TEA Consultant cost 2.850.00 Subtotal $ 7.157.65 Total Cost $321.333.73 Funding Sources Transportation Enhancement Activities(TEA)Grant $124,000.00 Donation from Atascadero Land Preservation Society 15,000.00 Donation from Atascadero Native Tree Association 14,000.00 Wastewater Fund loan 168.333.73 Total Funding Sources $321_333 Misc. Notes: 1. TEA Grant was received on 4/4/96 in the amount of$124,000. 2. Donations from Atascadero Land Preservation Society were received on 2/29/96 in the amount of$10,000, and on 6/27/96 in the amount of$5,000 (total $15,000). 3. On 6/30/96, a transfer was made from the Tree Plant Fund (#301) to the General Fund to help cover cost of Stadium Park.