HomeMy WebLinkAboutMinutes 032597 Agenda Item: A-1
Meeting Date: 6/10/97
(Approved as submitted)
ATASCADERO CITY COUNCIL
MARCH 25, 1997
MINUTES
6:00 P.M. - CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Govt. Code
Sec. 54956.9)
Initiation of Litigation: One (1) potential case - Colony Roads. Public hearing would
inhibit settlement negotiations with Wells Fargo Bank
(City Attorney recommendation: Approve outline of settlement proposal to be made
regarding ownership of Colony Roads)
2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Govt. Code
54956.9(a) )
A. Name of Case: Ramirez v. Atascadero
(City Attorney recommendation: Receive progress report from legal counsel;
discuss settlement position.)
B. Name of Case: McHale v. Atascadero
(City Attorney recommendation: Receive progress report from legal counsel.)
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:00 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
Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, City Attorney;
Steve Decamp, Acting Community Development Director; Lt. Bill
Watton, Acting Chief of Police; Cindy Holton, Deputy City Clerk;
Rachelle Rickard, City Accountant
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COUNCIL COMMENTS:
Councilman Luna conveyed that he had reviewed the past four City budgets and encour-
aged the Council to adopt a policy that any changes the City Manager might determine to
be necessary following Council budget approvals should come back before the City
Council. He cited examples of items previously budgeted but not yet accomplished,
specifically technology upgrades for computer equipment throughout City Hall (Exh. A).
Mayor Johnson concurred that the Council should be apprised of the status of budgeted
items and encouraged that such concerns be brought forward during the mid-year review.
Bob Grogan indicated that a technology committee made up of members of the various City
departments, including Councilman Luna, has been formed and will be working toward
formulating recommendations which can be implemented within the budget. He added that
the department heads agree that a computer support system upgrade is of high priority.
Councilman Clay asked for a status report on various particular clauses within the adult
business ordinance, to which Roy Hanley responded.
Mayor Johnson announced that a joint city councils meeting is now scheduled for
Thursday, May 1st at the Cliffs in Shell Beach. Countywide road maintenance is a potential
item for that agenda. He also conveyed that he, as well as Sen. O'Connell's office, has
been working with Cuesta College to schedule a community meeting, now tentatively
scheduled for April 24t`' at 7:00 p.m. in the Rotunda. A press release will be forthcoming,
and he asked the City Manager to follow up to ensure public notice.
Councilman Carden announced that the Council of Governments has put in its local
legislative agenda to begin canvassing and developing a public relations program for a tax
to cover road maintenance.
PROCLAMATIONS:
The Mayor issued the following proclamations:
• "Teen Pregnancy Prevention Month", April 1997 (EOC Health Services) - Accepted by
Barbara Newsome of EOC, the Case Manager for parenting teens in Atascadero, who
shared local efforts undertaken to keep young parents in school.
• "Month of the Child", April 1997 (SLO County Childcare Coordinator) - Accepted by
Laura Drummond of Atascadero Head Start, who presented flyers and ribbons to the
Council.
COMMUNITY FORUM
Emile LaSalle, 8990 San Diego Rd., expressed concern about the location selected for the
Cuesta College North County campus and cited specific reasons. He asked the City
Council to protect its investment in our young people and consider appointing a task force
immediately to address the site selection issue.
Eric Greening, 7365 Valle, recalled there was a Cuesta Site Selection Committee to advise
on selecting potential sites, whose input seems to have been lost within another process.
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Secondly, he referred to the road maintenance shortfalls shared by the City and county and
noted that AB-595 (Brown) may set a precedent; if passed, it would authorize the Metro-
politan Transportation Commission in the Bay Area to impose a retail sales tax on vehicle
fuel subject to a vote in each affected county.
Rush Kolemaine, seconded Mr. LaSalle's comments regarding the City's failure concerning
the location of the North County Cuesta site. Mayor Johnson noted, for the record, that
the City Council has not been silent on the subject and has twice sent letters expressing its
site selection concerns to Cuesta officials.
Arthur Gentry, 5525 Capistrano, spoke in support of asking Falcon Cable to include Trinity
Broadcasting (24-hour per day religious programming) in its program menu. Roy Hanley
noted that the City cannot require Falcon to carry any particular channel.
A. CONSENT CALENDAR:
1. APPROVAL OF WARRANTS - February, 1997 [Rachelle Rickard]
(Staff recommendation: Approve)
2. RESOLUTION NO. 19-97 - Establishing a 4-way stop intersection on Monterey Road
at Del Rio Road [Steve DeCamp]
(Traffic Committee recommendation: Adopt)
3. RESOLUTION NO. 20-97 - Authorizing an agreement with the San Luis Obispo
County Visitors & Conference Bureau to promote tourism [Bob Grogan]
(Staff recommendation: Adopt)
4. RESOLUTION NO. 21-97 - Authorizing an agreement with Hung Q. Do for computer
support for the City's accounting computer package (MOMS) [Rachelle Rickard]
(Staff recommendation: Adopt)
5. RESOLUTION NO. 13-97 - Consider request from existing residents to change name
of the new street constructed to serve Tract 2198 and four existing homes from
Cynthia Court to Maya Lane [Steve DeCamp]
(Staff recommendation: Adopt)
6. TENTATIVE PARCEL MAP 97001, 7400 MORRO ROAD - Consider application for
the division of one 0.72 acre parcel in four lots of 6,684, 6,689, 8,800 and 9,127
square feet. (Gearhart/Cannon Associates) [Steve DeCamp]
(Planning Commission/Staff recommendation: Approve)
7. ORDINANCE NO. 323 - Amending Map 7 of the official zoning maps by rezoning
certain real property at 7265 Santa Ysabel Ave. from RMF/16 to RMF/16 (PD7)
[Steve DeCamp]
(Planning Commission/Staff recommendation: Motion to waive reading in full and
adopt on second reading, by title only)
Councilman Luna pulled Item A-4, Councilman Lerno pulled A-6, Councilman Clay pulled A-
5 and noted he would step down from the vote on A-7 for financial reasons, and Rush
Kolemaine and Bill Zimmerman pulled Item A-3.
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Motion: By Councilman Luna, seconded by Councilman Carden, to approve
Consent Calendar Items A-1&2. Motion passed by 5:0 ro/%ca#
vote.
Re: Item A-3: Robert Grogan commented that Resolution 20-97 is a follow-up on an
earlier approved budget item and that the City has contracted with the VCB for the past
ten years.
Public Comment
Rush Kolemaine expressed concern that there is no indication of the cost shown on the
agenda.
William Zimmerman, 6225 Lomitas, spoke in opposition to the agreement with the VCB,
noting the City's agreements with the Economic Vitality Corp. and the Chamber of
Commerce. He feels that the $5,550 for this item would go a long way toward meeting
the needs at the Pavilion (noting the Council's scheduled Pavilion funding meeting on April
16th) and urged a "no" vote.
Rush Kolemaine spoke again, noting his past work in tourism and his past support of
funding to the VCB due to their ability to market the Central Coast nationally, and he urged
the Council's "yes" vote on this matter.
Motion: By Councilman Carden, seconded by Councilman Clay to approve Item
A-3. Motion passed by 5:0 roll-call vote.
Re: Item A-4: Robert Grogan provided a brief overview of this item. Councilman Luna
supported this contract as an interim solution. He had some costs displayed on the over-
head (Exhibit A, attached), which he encouraged the Council and staff to be mindful of at
budget time, and spoke in support of giving the new Accountant time to determine whether
to stay with the MOMs system or to find a new system which may be better.
Public Comment
Leon Korba, Santa Ana Rd., inquired about alternatives if Mr. Do is not available. Mr.
Grogan noted there is a 30-day termination clause in the contract.
Eric Greening, Valle Ave., reiterated Mr. Korba's question in light of the fact that Mr. Do is
not based in our area.
Motion: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 21-97. Motion passed by 5:0 roll-call vote.
Re: Item A-5: Steve DeCamp provided a brief staff report. Councilman Clay commented
on the Planning Commission minutes, wherein he stated that a road name change often
causes hard feelings.
Motion: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 13-97. Motion passed by 5:0 roll-cal/ vote.
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Re: Item A-6: Councilman Lerno stepped down from the podium, saying he has a direct
investment in this item.
Motion: By Councilman Carden, seconded by Councilman Clay, to approve
Item A-6, TPM 97001; Motion passed by 4:0 roll-call vote, with
Councilman Lerno abstaining.
Re: Item A-7: Mayor Johnson reiterated that Councilman Clay will step down from the
podium due to conflict of interest.
Motion: By Councilman Carden, seconded by Councilman Lerno to approve the
second reading of Ord. 323 by title only. Motion passed by 4:0 roll-
call vote, with Councilman Clay abstaining.
B. PUBLIC HEARINGS:
1. RESOLUTION NO. 2-97 11750 SAN MARCOS ROAD - Request to abandon a
portion of the San Cayetano Road right-of-way per Condition #27 of approved
Tentative Parcel Map 95001 (Lindsay) [Steve DeCamp]
(Planning Commission/Staff recommendation: Adopt)
Steve DeCamp provided a brief staff report. There were no questions from the Council and
no public comment.
Motion: By Councilman Luna, seconded by Councilman Lerno to adopt Res.
No. 02-97. Motion passed by 5:0 roll-call vote.
C. REGULAR BUSINESS:
1. APPOINTMENT OF ONE COUNCIL MEMBER TO RISK REVIEW COMMITTEE [Roy
Hanley]
(City Attorney recommendation: Make appointment)
Roy Hanley provided a staff report. There were no questions from the Council and no
public comment.
Action: Councilman Carden offered to volunteer for appointment to this
committee. Council consensus was to appoint Councilman Carden.
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 the mayors met last
week and talked mainly about the upcoming joint cities meeting. He will route the
agenda as it is developed.
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority: Councilman
Carden reported that on Monday he, Mayor Johnson, Bob Grogan, Ron DeCarli and
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Scott Eades of SLOCOG met to discuss the roles and responsibility of the COG and
the assistance it can offer to the City, as well as major issues faced at the present
time.
4. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group:
Councilman Clay reported on discussions concerning the issue of body contact at
Lake Nacimiento. He reported that it is not the intent of the Nacimiento Project line
to eliminate body contact, and it is recognized that the recreational use of the lake is
needed for the economic welfare of the north county.
5. Economic Round Table: Mayor Johnson reported that the ERT met last week,
where Interim City Manager Bob Grogan breifed them on economic development
based on his experience in Santa Maria. The membership of the ERT was also
discussed and the Mayor noted the two newest Council Member (Clay and Lerno)
appointments are pending and can hopefully take place before the next meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council: Councilman Carden asked to schedule a discussion on the list of incentives
which was recommended to be included in the Economic Development Element for busi-
ness location/expansion in Atascadero.
Councilman Clay recommended Richard Shannon for appointment to the ERT. He also
inquired about recognition plaques for commission/board members, which the Mayor
indicated is being planned. Councilman Clay encouraged that pending appointments to
current commission/board vacancies be made; the Mayor indicated they will be agendized
at the next Council meeting. Councilman Clay supported placing a discussion on the north
county Cuesta College site selection on a City Council agenda. Mayor Johnson reiterated
that a public forum is scheduled for discussion of this subject on Thursday, April 24tH
Councilman Luna indicated that he has spoken to the President and Vice-President of
Cuesta College about the site selection issue, to no avail. He encouraged that a personal
invitation be extended to Emile LaSalle, a prime mover on the topic; Mayor Johnson
responded that he worked with Mr. LaSalle on scheduling the 4/24 meeting. Councilman
Carden noted that location of a north county campus was included the City's Economic
Development Element.
City Attorney : Roy Hanley apprised the Council of policy issues related to sidewalks,
roads and trees, which the Council may receive calls from citizens about. A problem of
how sidewalks and roads separate from each other and can create hazards is constantly
faced by staff. State law allows abutting landowners be required, in certain circumstances,
to make repairs and, in others, it may be considered the City's responsibility. Staff plans to
send an informal notice, preceding a formal notice as required by State law, to those land-
owners that staff feels are responsible for handling problems. In addition, part of the Fire
Code requires certain defined access for fire vehicles. Staff will be examining the tree
trimming process so that it, in the interest of budget concerns, would not require re-visiting
the same branch year after year. Lastly, staff will be agendizing changes to the ordinance
addressing appointments to the various City commissions, with resolutions formalizing
appointments to the existing vacancies.
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Councilman Carden inquired about letters to have been sent out by staff regarding sign
ordinance violations. Roy Hanley reported that it had been done and he provided a status
of responses. Another survey will be conducted after April 15"'
City Clerk: Marcia Torgerson commented on the recruitments for openings to various City
commissions. She noted there is no deadline on the CTAC recruitment. Council consensus
was to advertise all openings and provide a closing date to coincide with the second
reading of the ordinance amending the method of appointment.
F. STATUS OF CITY COUNCIL REFERRALS:
1. Tree Monitoring Report [Steve DeCamp]
Steve DeCamp provided a report in the form of a work program. He deferred to Roy
Hanley, who gave a report on the extension of Ardilla Rd. and a Santa Ana Rd. project as
they involved code enforcement issues. Steve DeCamp made additional comments
pertaining to the two projects. He estimated the time it would take (about 80 hours) to
prepare a tree monitoring report covering the past 12-month period and for preceding 12-
month increments of time (60-80 hours each). He said the Administrative Analyst is now
monitoring and maintaining records to develop such a report over the next 12-month
period. Majority of Council consensus was to direct staff to make projections by
monitoring tree removal activity for the next 12 months, i.e. maintain a comprehensive log
which will show, by permit, tree removals and whether they are replaced in kind or
whether contributions are made to the tree fund. Related discussion ensued.
2. Cable TV Programming [Roy Hanley]
Roy Hanley provided a report. He noted that the only effective means the community has
to address whether its needs are being served by Falcon is when another franchise renewal
process comes up, which is due in 1998 if Falcon files requests for certain types of hear-
ings. He conveyed that Congress recently took away what last remaining power the city
council has to effect the programming content of cable franchises.
THE MEETING ADJOURNED AT 8:50 P.M.
MINUTES RECORDED BY:
64,)
MARCIA M. TORGERSON, Ci Clerk
PREPARED BY:
L�4_
CINDY L. HOOON, Deputy City Clerk
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CITY COUNCIL MINUTES 3/25/97
EXHIBIT A
1993-94 Budget
.Finance: Replace/Upgrade PC Computer $ 1,000
2.Non-Departmental: " The only minor capital item is $ 20,000
for hardware and software to convert the XENIX computer
system to the DOS/Novell network on the Third Floor, in
order to inter-connect all offices at City Hall"
3.Non-Departmental: Contract Services $ 1000 ( all for
MOM?)
1994-95 Budget
I .
Computer Software $ 7000 ( for MOM)
1995-96 Budget
I .Finance: $ 3,500 for purchase of PC's and software
2. City Manager/Personnel Departments: $ 10,000 to replace
obsolete office equipment (PC's and Fax Machine)
3. Computer Software $ 7000 ( for MOM)
1996-97 Budget
1 .Finance: $ 7,9 8 0 (for MOM)
. Finance: Computer Equipment: $ 6,800
. City Manager: $ 1,000 (Software)