Loading...
HomeMy WebLinkAboutMinutes 042297 Agenda Item: A-1 Meeting Date: 8/12/97 Approved as submitted ATASCADERO CITY COUNCIL APRIL 22, 1997 MINUTES 6:30 P.M. - CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: City Attorney Employee Organization: Service Employees Intl. Union Local 620 THE CLOSED SESSION ADJOURNED AT 6:55 P.M. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called the Regular Meeting to order at 7:00 p.m. and Councilman Lerno led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers, Clay, Lerno, Luna and Mayor Johnson Absent: Councilman Carden Others Present: Marcia M. Torgerson, City Clerk Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, City Attorney; Chief Mike McCain, Fire Department; Gary Kaiser, Associate Planner; Lt. Bill Watton, Acting Chief of Police; Cindy Holton, Deputy City Clerk; Rachelle Rickard, Accountant; Capt. Fred Motlo, Fire Department COUNCIL COMMENTS: Councilman Luna shared a conversation he had with a young mother which is relevant to the Council's decision on CDBG monies and last year's discussion on rent stabilization. He suggested that, 1) the City not discourage CDBG applications for affordable housing by giving the impression that all the funds are going for economic development, and 2) that staff collect general rental information to see if there is price gouging going on. Mayor Johnson noted it has come to his attention that members of the public have been engaging staff at North Coast Engineering for certain actions which have been charged CC 4/22/97 Page 1 back to the contractor involved. He expressed concern that Council members do not have the authority to direct staff and neither should the public. He requested that staff address this as a policy matter so that furnishing information is handled appropriately and on a "level playing field". Mayor Johnson announced the Grand Jury selection process is under way and applications are due by May 16th. Interested persons are encouraged to apply. In addition, the Mayor conveyed that Mike Arrambide has expressed an interest in applying for the Planning Commission, however he will be out of town until April 28th, 3 days after the close of the recruitment. Mr. Arrambide's name was submitted for consideration in the recruitment. PROCLAMATIONS: The Mayor read the following proclamations: • "Volunteer Recognition Month", April 1997 - Proclamations (3) were accepted by Julia Donovan for AARP, by Casey Kassay for the CALL Program, and by a representative of RSVP. • "National Tourism Week", May 5-11, 1997 - Accepted by Jonni Biaggini of the SLO Co. Visitors & Conference Bureau, who reviewed the contents of a countywide visitors survey, which includes information regarding the visitor to Atascadero. She presented the VCR's first "County Visitors Guide and Meeting Plan", which Councilman Luna suggested be placed at the Factory Outlet. Micki Ready added that the Chamber is working with the Factory Outlet management team at the tourist information center to do more marketing of Atascadero at that location. COMMUNITY FORUM: Rush Kolemaine, Box 1990, asked for clarification on the meeting scheduled for Thursday night regarding the Cuesta College north county site selection. Mayor Johnson responded that it is not a City Council meeting but Cuesta representatives are coming at the City's invitation to brief our public on the college, its site selection alternatives and the process involved. It is being jointly sponsored by Sen. O'Connell and Cuesta College. Art Gentry, 5525 Capistrano, conveyed that Falcon Cable Company has expressed interest in programming on the basis of renegotiating an extension of their franchise agreement with the City. Mayor Johnson noted the cable company has not come forward with a formal request to begin negotiations. Lindsay Hampton, 8402 Alta Vista, reminded everyone about the band concert to be held at the Lake Pavilion this Saturday at 3:00 p.m. Proceeds will go toward both the purchase of Stadium Park and the community band. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - February 11, 1997 [Marcia Torgerson] (City Clerk recommendation: Approve) CC 4/22/97 Page 2 2. CITY COUNCIL MINUTES - February 25, 1997 [Marcia Torgerson] (City Clerk recommendation: Approve) 3. AGREEMENT BETWEEN CITY OF ATASCADERO AND ROY A. HANLEY FOR CITY ATTORNEY SERVICES (authorized 2/25/97) [Bob Grogan] (Staff recommendation: Ratify) 4. TENTATIVE PARCEL MAP 96017, 3255 ARDILLA ROAD - Consideration of a tentative parcel map application to divide an existing 5.78-acre lot into two (2) parcels of 2.89 acres each for single family residential use (Hjortland/Cannon Associates) [Steve DeCamp] (Planning Commission/Staff recommendation: Approve) 5. RESOLUTION NO. 25-97 - Declaring weeds a public nuisance and establishing procedures for the abatement of said nuisances [Mike McCain] (Staff recommendation: Adopt) 6. RESOLUTION NO. 29-97 - Modifying and adopting fees for miscellaneous and special Police services [Bill Watton] (Staff recommendation: Adopt) 7, ORDINANCE NO. 327 - Amending Sections 2-9.01, 2-12.01 and 2-13.03 of the Atascadero Municipal Code to provide a method of appointment of Planning Com- missioners, Parks & Recreation Commissioners and members of the Building & Construction Board of Appeals [Roy Hanley] (Staff recommendation: Motion to waive reading of ordinance in full and adopt on second reading by title only) Councilman Luna pulled Items A-4 and A-6, and Councilman Clay pulled Item A-3. Motion: By Councilman Luna, seconded by Councilman Lerno to approve items A-1, 2, 5 and 7. Motion passed by 4:0 roll-call, with Councilman Carden absent. Re: Item A-3: Councilman Clay asked Roy Hanley to explain Art Montandon's role with the City. Mr. Hanley responded that Mr. Montandon is not involved with this contract but he is using Mr. Montandon as his assistant, which the contract authorizes him to do at his discretion, within the budgeted amount for attorney services. More specifically, Mr. Montandon is familiar with several legal matters which have several years of history with which he has been involved in handling for the City as the former City Attorney. Motion: By Councilman Clay, seconded by Councilman Luna to ratify the agreement with Roy A. Hanley for City Attorney services. Motion passed by 4:0 roll-call, with Councilman Carden absent. Re: Item A-4: Councilman Luna asked what the status of the 30" blue oak tree is, and will it be saved. Gary Kaiser responded that no tree removals are associated with this subdivision (Councilman Luna was confusing this with another project) and noted the CC 4/22/97 Page 3 correct address should be 3225 Ardilla Road. Motion: By Councilman Luna, seconded by Councilman Clay to approve TPM 96017. Motion passed by 4:0 roll-call, with Councilman Carden absent. Re: Item A-6: Councilman Luna reported that the Traffic Committee had discussed the cost for parking tickets. He suggested the fines be brought in line with those of neighbor- ing communities. Staff was asked to bring back proposed fee changes for traffic-related items. Acting Chief Watton responded to questions from Council. Motion: By Councilman Luna, seconded by Councilman Clay to adopt Res. No. 29-97. Motion passed by 4:0 roll-call vote, with Councilman Carden absent. B. PUBLIC HEARINGS: 1. ORDINANCE NO. 328 - Amending Chapter 13 to Title 6 of the Atascadero Municipal Code relating to the removal of weeds, rubbish and similar materials [Mike McCain] (Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) Chief McCain provided staff report and responded to questions from Council. Lengthy related discussion ensued. Councilman Luna requested that the Council be provided with and review the state's Bates Bill, which primarily specifies minimum abatement require- ments for structure protection, and cited sections of the proposed ordinance as redundant and unclear in their definition of noxious weeds as they include native species. Chief McCain characterized the ordinance as "catch-all" in nature and is not interpreted as giving the Fire Chief authority to direct property owners to cut down native tree seedlings but to clear rubbish, trash, dry weeds, etc. He indicated that language to encourage the protec- tion of oak seedlings could be inserted, if so directed. Public Comment Rush Kolemaine, Box 1990, Atas., conveyed his concern over what he sees is a conflict between the City and state laws applicable to weed abatement in creekways. To follow the City's abatement ordinance would be trespassing and harming riparian vegetation in the creekway. He asked for clear language in the ordinance to guide homeowners in abating weeds within creekways running through their property. Motion: By Councilman Lerno, seconded by Councilman Clay to waive the reading of Ord. 328 in full and introduce it on first reading by title only. Motion failed by 2:2 roll-call vote, with Councilman Carden absent. The Fire Chief was directed to review the proposed ordinance with the City Attorney considering the concerns expressed, and to bring this item back to review the City's compliance with the Bates Bill. It was clarified that the weed abatement program can continue on schedule according to the adopted procedures. CC 4/22/97 Page 4 C. REGULAR BUSINESS: 1. RESOLUTION NO. 30-97 - Approving the consolidation of the Business License renewal season to once per year in December [Brady Cherry] (Staff recommendation: Adopt) Rachelle Rickard provided staff report on this item and responded to questions from Council. Public Comment Micki Ready, Chamber of Commerce, conveyed that many businesses have expressed that December is a difficult month for complying with the business license renewal expense and she asked that the Council consider July 1 as the annual renewal time. Motion: By Councilman Luna, seconded by Councilman Clay to adopt Res. No. 30-97, with an amendment to make October the month of renewal. Motion passed by 4:0 roll-call vote, with Councilman Carden absent. 2. RESOLUTION NO. 31-97 - Relating to solid waste adjustment methodology [Councilman Luna] (Councilmember recommendation: Adopt) Councilman Luna reported on this item and displayed an overhead (Exhibit A, attached) explaining the state's formula and that proposed by the SLO Integrated Waste Management Authority in order to achieve a 25% waste reduction by 1995 and 50% by the year 2000, as mandated by AB-939. He commented that, after trying both, he feels the IWMA's formula is more understandable, is population-based and is approximately the same as the state's. He noted that Atascadero has already achieved the 50% reduction and attributed it to the early establishment of the City's recycling program and the cooperation of the citizens of Atascadero. There was no public comment. Motion: By Councilman Luna, seconded by Councilman Lerno to adopt Res. No. 31-97. Motion passed by 4:0 roll-call vote, with Councilman Carden absent. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): S.L.O. County Mayors Group - Mayor Johnson announced there will be a joint SLO County city councils meeting at 6:00 p.m. on June 5`h. Each city council with a quorum will have a vote on the agenda items at that meeting. There will be discussion on legislation regard- ing city revenue needs and restoration of revenues taken by the state. Mayor Settle (S.L.O. City) will be talking about the urban reserve line. Mayor Novak (Morro Bay) will be talking about the impact of the accelerated depreciation of Diablo Canyon on the city's CC 4/22/97 Page 6 Y20 C sales tax increase to be used for streets and highways. It is hoped that the seven cities and the county will agree to support it. Mayor Novak will also provide information on the public education government (PEG) access on cable tv, as well as the Economic Vitality Corporation. IWMA staff will be discussing AB-939 waste diversion goals. S.L.O. Council of Govern ments/S.L.0. Regional Transit Authority - Mayor Johnson reported that he attended SLOCOG, where discussion took place on their staffing. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council - Councilman Clay commented on the Pavilion clean-up to be held at 8:00 a.m. on Saturday, May 3rd Councilman Lerno asked that the tree ordinance be placed on a Council agenda for review. Bob Grogan indicated he would review the subject and report back. Councilman Lerno noted a perceived concern on the part of some regarding what he is doing out in the field. He encouraged anyone concerned to direct their questions to him. He expressed that he is discouraged with the time lapse on his requests for information from certain departments, when members of the public have gotten a quicker response. He does not appreciate nega-tive allegations toward him both at meetings and in the newspaper. Mayor Johnson reminded all of the Cuesta College meeting this Thursday at 7:00 p.m. and encouraged attendance. Mayor Johnson thanked the City Manager's office for the reports and information coming to the City Council. Mayor Johnson confirmed the Council consen-us from the last meeting to schedule discussion of zoo funding at a regular meeting (May 13t') rather than schedule a special meeting. City Clerk - Marcia Torgerson announced that the recruitment period to fill vacancies on various city commissions and committees is closing this Friday, and she asked for Council direction pertaining to setting up interviews. She noted there are 9 openings and she has received 11 applications. Mayor Johnson directed that the recruitment period be extended by one week, given that the next Council meeting is not for three weeks because of a fifth Tuesday this month. City Manager - Bob Grogan provided a legislative update: The property tax is still being focused on for support in order to shift it back to cities from the state. The sales tax proposal did not pass. He will continue to follow this legislation. The meeting adjourned at 8:42 p.m. MINUTES RECORDED BY: rA44&0_ MARCIA M. TORGERSON, C y Clerk PREPARED BY: "Az� 4�/ � CINDY L. HO ON, Deputy City Clerk CC 4/22/97 Page 6 CITY COUNCIL MINUTES 4/22/97 EXHIBIT "A" Declarations ................................................................ ............................................................ F indicates 1995 and indicates 1990 BCPI = 147.2 0 FCPI = 164.3 0 FSALES = 1911413 0 BSALES = 1802531 0 BPOP = 23902 0 FPOP = 25000 0 BEMP = 1 0 FEMP = FPOP BPOP Q The State does it this way: CWI = ( FEMP + FSALES BCPI), (BEMP 13SALES FCpI 2 FPOP 0 FRWI = + FCW1I BPOP )2 0 FWASTEGENERATION = BCW FCWI + BRW FRWI FWASTEGENERATION = 0.99799 BCW + 1.022 BRW The SLO IWMA suggests the following: 0 IWMAFWASTEGENERATION = (BRW + BCW) FPOP BPOP IWMAFWASTEGENERATION = 1.0459 BCW + 1.0459 BRW 0 DIVERSION = FWASTEGENERATION — DISPOSAL 0 IWMADIVERSION = IWMAFWASTEGENERATION — DISPOSAL