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HomeMy WebLinkAboutMinutes 092298 Approved as Submitted DATE: 10/13/98 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, SEPTEMBER 22, 1998 REGULAR SESSION, 7:00 P.M.: Mayor Carden called the Regular Session to order at 7:00 and Council Member Luna led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Others Present: City Clerk Marcia Torgerson Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Streets Supervisor Brian Sword and City Attorney Roy Hanley. APPROVAL OF AGENDA: City Manager Wade McKinney announced that the Atascadero Unified School District has requested that the Council continue the Public Hearing on the General Plan Amendment(Item #13-1) until they have an opportunity to review the various zonings that the Council discussed at your last meeting. Mayor Carden continued Item #B-1 to the next City Council meeting. Mr. McKinney also announced that the City has received news this evening regarding the potential Falcon Cable franchise extension. He explained that he has not had a chance to review this information with Falcon or prepare a report for the Council. Mr. McKinney stated that if the Council continues this item(Item#C-1)he would be able to prepare a complete report on the issue. There was Council consensus to continue Item #C-1. Mr. McKinney stated that there is new information coming in concerning the proposed Wil-Mar merger with USA Waste (Item#C-2). He explained that the new information in front of the Council was a result of speaking with the IWMA. Also,the County called today and indicated that they are going to complete an extensive background that would take several weeks to complete. They stated that they would be glad to share the information with Atascadero. Mayor Pro Tem Johnson stated that he was concerned with waiting to see the County's information as they could take months to complete their research. Frank Zumwalt, attorney for Wil-Mar Disposal/Atascadero Waste Alternatives. He stated that He has been in contact with the County and stated that the County has not asked for any Additional information. Mr. Zumwalt also said that there were representatives present from USA Waste who are prepared to make a presentation to the Council tonight. He asked the Council to hear this item tonight. Mayor Carden stated that the Council will have the Public Hearing portion of Item #C-2 remain on the agenda. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve the agenda with the following amendments: 1) Item #B-1 —Continued to next meeting. 2) Item#C-1 - Continued. 3) Item #C-2—Public Hearing portion of item to remain on the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Johnson thanked the Fire Department for their quick response to the fire at Chalk Mountain. Council Member Clay stated that a Council candidate had stated on the radio that the City had spent road funds on parking lots. Mr. Cherry responded that the only parking lot the City has paved is the Traffic Way Park parking lot which was paved with FEMA funds, not road funds. Council Member Clay asked Mr. McKinney about comments of a Council candidate concerning the overpass on Santa Barbara Road and the Dove Creek Project. He explained that the candidate stated that the City was going to pay two million dollars to improve that overpass. Mr. McKinney responded that there have not been any estimates submitted to the City in relation to the Dove Creek project. Currently,the City has received an initial letter from the developer of that project which highlights a variety of issues including their request for financial assistance for a portion of the project. Mr. McKinney said that he advised them verbally that he did not expect that there would be any assistance available. Council Member Luna explained that those figures probably came from the last two proposals concerning the Dove Creek property. Mayor Carden stated that accusations of done-deals are being made and they are completely false statements. Mayor Carden wanted to pass on thanks and appreciation to Police Chief Dennis Hegwood for his handling of a situation where a citizen helped the police department catch a burglar. He stated that Chief Hegwood sent a personal letter of thanks to the woman which was appreciated. CC 09/22/98 Page 2 of 9 Chief Hegwood responded by stating that he will pass his comments on to the officers who actually do the work. Mayor Carden also wanted to commend Chief Hegwood on the new police policy of rewarding children who are seen riding their bikes and wearing helmets. He has received several positive calls from citizens concerning this policy. PRESENTATIONS: A. Fire Prevention Week—October 4-10, 1998 Fire Chief Mike McCain accepted the Proclamation. B. Atascadero Colony Days—25th Anniversary - October 1998 Eileen Allan, Chairman of the Colony Days Committee accepted the Proclamation. She expressed the Committee's appreciation for the City's support of the Colony Days events. C. Constitution Week— September 17-23, 1998 This proclamation will be read later in the meeting as the recipient is not currently here to accept. COMMUNITY FORUM: Rush Kolemaine, P.O. Box 1990, spoke on Item#C-1, Falcon Cable Franchise Agreement,that the Council has continued. He spoke in favor of the PEG access programming. He encouraged the Council to learn more about what PEG access is so that they can make an informed decision. Mr. Kolemaine gave the City Clerk a video for the Council to review. Terrill Graham, 6205 Conejo Road, spoke on Item B-1, General Plan Amendment#98004, that the Council continued to their next meeting. He asked that the Council not re-zone this property. Larry Finnigan, 505 Country Lane, San Luis Obispo, spoke on Item B-1, General Plan Amendment#98004, that the Council continued to their next meeting. He explained that he owns the adjacent property to this site. He stated that he understood that the item has been continued, but asked if he would be notified when it will be next on the Council's agenda. Mr. McKinney answered that this item will be on the next Council agenda. Mayor Carden announced that the public comment section of that Public Hearing was closed at the last meeting and the Council had moved into the Council discussion portion of the Public Hearing. Therefore, he said that the Council may not open up the public comment portion of this item again. Council Member Luna stated that he would like to have the item opened again for public comment. CC 09/22/98 Page 3 of 9 Terrill Graham, 6205 Conejo Road, stated that he felt that the public has a right to speak on any item on the agenda. Mayor Carden explained that he is attempting to fully inform the public of the possibility that, since the Council has already closed the public comment portion of the Public Hearing, new public comment may not be heard. He went on to state that there is also the opportunity to re- open public comment. Larry Finnigan, 505 Country Lane, San Luis Obispo, asked if the School District representative will be able to speak at the next meeting and the public will not be able to respond. Mayor Carden said that the Council had questions for the School District that they would be allowed to answer. Benedict St. Germain, Villa Margarita Mobilehome Park, submitted a prepared statement that was read into the record by City Clerk. The statement expressed her opposition to the re-zoning of the property at 10801 El Camino Real (Item#B-1). (see Exhibit A) Mayor Carden closed the Community Forum period. Council Member Luna asked the Mayor to allow discussion on whether Item#B-1 will be a Public Hearing and the Council will receive public comment or will it be closed to the public. Council Member Clay stepped down while the Council discussed Item#B-1 due to a potential conflict of interest. Mayor Carden asked the City Attorney about the law as it relates to public comment periods being closed at a meeting that is later continued. Mr. Hanley stated that he would need a week to research this issue. Council Member Luna stated that he wants the Council to re-open the public comment period of the Public Hearing (Item#B-1) at the next meeting. Mayor Pro Tem Johnson stated that he was not opposed to re-opening the public comment period as long as they were not violating any laws in doing so. Mr. McKinney suggested that the City re-notice the Public Hearing which would make sure no one was left out. There was Council consensus to re-open the public comment period of the Public Hearing on Item #B-1 with the City re-noticing the Public Hearing. A. CONSENT CALENDAR: Roll Call 1. City Council Minutes—August 25, 1998— (City Clerk recommendation: Approve) [Marcia Torgerson] CC 09/22/98 Page 4 of 9 2. City Council Minutes—September 8, 1998— (City Clerk recommendation: Approve) [Marcia Torgerson] 3. Zone Change#97008 —7930 Santa Rosa Road(Gearhart) - Fiscal Impact: None (Planning Commission recommendation: Council adopt Ordinance No. 353, approving Zone Change #97008, by introducing for second reading by title only) [Paul Saldana] 4. FEMA Storm Damage Repair Projects—Fiscal Impact: $2,060.07 previously budgeted FEMA funds— (Staff recommendation: Council accept the storm damage repair improvements as complete and authorize release of the project retention.) [Brady Cherry] 5. Annual Street Striping Project—Approval of Contract—Fiscal Impact: $28,325.36 (funds available in FY 1998-99 budget) (Staff recommendation: Council award the contract for the annual street striping project to Safety Striping Services, Inc.) [Brady Cherry] 6. 1997 Local Law Enforcement Block Grants Program—Police Department Request to purchase specialized police equipment—Fiscal Impact: None (Staff recommendation: Council authorize the Police Department to purchase specialized police supplies and equipment allocated under the 1997 Local Law Enforcement Block Grants Program) [Dennis Hegwoodj Council Member Lerno stepped down on Item#A-3 due to a potential conflict of interest. Council Member Luna pulled item#A-3. RE: Item #A-3: Council Member Luna explained with an overhead projection(see Exhibit B ) that according to California Land Use and Planning Law, conditional zoning is an option. He stated that he felt this item should go back to the Planning Commission where the appropriate conditions could be attached to be consistent with the General Plan goal that existing neighborhoods shall be preserved. PUBLIC COMMENT Mary Hickey, 7950 Santa Rosa Road, stated that she felt that Council Member Clay has a conflict of interest as he works with Peabody and Plum who has the proposed home listing. She read a prepared statement into the record that expressed her feeling that this item should be returned to the Planning Commission for consideration of conditions. (see Exhibit C) Mayor Carden closed the Public Comment period. Mayor Carden asked Mr. Hanley if Council Member Clay has a conflict of interest as a result of his employment with Peabody and Plum. Mr. Hanley responded that an agent who does not have an interest in the brokerage does not have a conflict. However, he stressed that his opinion is not a ruling and a Council Member must decide on his own what he should vote on. Council Member Clay stated that he steps down even if there is an appearance of a conflict. CC 09/22/98 Page 5 of 9 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to adopt Ordinance No. 353, approving Zone Change#97008, by introducing for second reading by title only. Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained) MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve Items #A-1,2, 4, 5 and 6. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. General Plan Amendment#98004— 10801 El Camino Real (AUSD) - From "P" (Public) to "RMF-16" (High Density Multiple Family) - Fiscal Impact: None (Planning Commission recommendations: 1) Council find the Negative Declaration prepared for this project to be adequate under the requirements of the California Environmental Quality Act and the State and local guidelines for implementation of the Act; and 2) Council adopt Resolution No. 1998-033 approving General Plan Amendment #98004; and 3) Council adopt Ordinance No. 352, approving Zone Change #98005, by introducing for first reading by title only) [Paul Saldana] This item was continued by Council to their next meeting.(see Page 2) C. MANAGEMENT REPORTS: 1. Falcon Cable Franchise Agreement—Request to extend Franchise Agreement—Fiscal Impact: Positive effect on the City's 5%franchise fee (Staff recommendation: Council authorize the City Manager to send a letter to Falcon Cable indicating that the City will extend the Franchise Agreement if the cable television system is upgraded to a Hybrid Fiber, Coax, 750 MHz system with a minimum of 72 channels) [Wade McKinney] This item was continued by Council. (see Page 2) 2. Wil-Mar Disposal Request for Approval of Stock Merger with U.S.A. Waste Management — Fiscal Impact: None (Staff recommendation: Council approve request by Wil-Mar Disposal for approval of stock merger with U.S.A. Waste Management) [Wade McKinney] City Manager Wade McKinney gave the staff report and answered Council questions. Mayor Pro Tem Johnson asked what the City would be liable for if the Chicago Grade were to close. City Attorney Roy Hanley responded that the City is only liable for the waste created by City Hall and other City-owned entities. Council Member Luna asked if the agreement with USA Waste could require that they pay the per-ton fee to the IWMA. Mr. Hanley stated that the tipping fee does not relate to the ability of the proposed hauler to perform but asked for a week to research the information. CC 09/22/98 Page 6 of 9 Mayor Carden stated that we could connect with Paso Robles on their recycling events. He said that if the ultimate goal of both cities is the same and they offer the same level of service we could work something out with Paso Robles to combine our efforts. Council Member Luna stated that he did not have the same confidence in working with Paso Robles as the Mayor does. Mayor Pro Tem Johnson stated that he feels the County will not have their information ready for some time and he does not want to wait. Frank Zumwalt, attorney representative for Wil-Mar&Atascadero Waste, asked to make a brief presentation. He stated that he is aware of the past litigation between Paso Robles and Atascadero. He gave a summary of the events of the recent past. He reassured the Council that there will be no change in the name of the company and no change in service with this proposed merger. He asked the Council to approve this merger. Jeff Jones, San Rafael representative, USA Waste Management, explained that USA Waste and Waste Management recently merged to be the largest waste company in the world. He explained the management philosophy of the company. Rick Accuna, Divisional Vice-President for USA Waste Management, explained that with this merger they will be looking to have all services under one roof, including recycling, dispatch, servicing of trucks, etc. Council Member Luna asked about adding the tipping fee. Mr. Zumwalt said, if that's the sticking point, they will agree to that condition. Council Member Clay asked Mr. Accuna if he understood correctly that they have no intention to move from using the Chicago Grade Landfill. Mr. Accuna agreed that they are not intending to take their volumes anywhere except Chicago Grade Landfill. Mr. Zumwalt stated that he appreciates the Council hearing this item tonight. He also said that he is impressed by the fact that the City has been very open to discuss this matter. Unfortunately, he explained they have not had that same response from the County. PUBLIC COMMENT Fred Clough, attorney representative for Chicago Grade Landfill. He stated that his office is in Santa Barbara and he specializes in land use and administrative law. He also said that he has been the City Attorney for Santa Barbara,the City of Solvang and the City of Pismo Beach. He expressed concerns with the proposed merger and its potential effects on the Chicago Grade Landfill. He stated that in Wil-Mar's proposal to the County,they state that the company plans on dumping at a landfill that they own,which presumably could be Paso Robles. He explained that if Atascadero's waste went to Paso Robles,the Paso Robles City Council would control the tipping fees charged for our waste. He stated that the Council should study all the issues involved before making a decision and that there is no legal requirement for the Council to act tonight or within any specific time period. CC 09/22/98 Page 7 of 9 Russ Wright, 7115 San Gregorio, stated he has known Walt Johnson, owner of the Chicago Grade Landfill, for many years. He said that he is opposed to mandatory waste pick-up. Debbie Takamura, 4850 Alamo Ave., said that the issue of liability is not a simple issue. She expressed her concern that as management changes their decisions might change. Ms. Takamura stated that she's concerned about the potential closing of Chicago Grade Landfill. She asked the Council to postpone their decision until the County makes their report on the issue. Mayor Carden closed the Public Comment period. Mayor Pro Tem Johnson stated that he is comfortable with turning this issue over to the City Attorney for review of Atascadero's liability and potential alternatives. He also said that he does not want to wait for the County's decision on this subject. Council Member Luna asked if we could legally impose a condition that they must dump at Chicago Grade Landfill. Mr. Hanley stated that if the company agrees to it, it can be part of the contract. But, we cannot force them to use Chicago Grade Landfill if they don't agree to it. Mayor Carden said that he is concerned with limiting Atascadero to one landfill which would lock us into their fees no matter what. He also reviewed the financial research he had done on USA Waste and Waste Management. He agreed that he did not want to wait for the County to make a decision on this matter. He suggested that this item be continued to next meeting. There was Council consensus to continue this item to the next meeting. C. Constitution Week—September 17-23, 1998 Accepted by Denise Martorff of the Daughters of the American Resolution, who gave a history of Constitution Week. 3. Information Bulletin D. COMMITTEE REPORTS Water Committees Council Member Clay said that they met with Paso Robles concerning their effort to create a North County Committee to address water issues. The focus was on the Nacimiento and Salinas proposals. Integrated Waste Management Authority Council Member Luna said that at their last meeting they discussed that in 1991 the yard waste was estimated at 11.3%. Subsequently, when San Luis Obispo started its yard waste program, they discovered that it's actually 26% of our waste. He explained that as a result of this conclusion,there is a proposal before the IWMA to adjust the diversion rates. CC 09/22/98 Page 8 of 9 Economic Vitality Corporation, Board Qf Directors Mayor Pro Tem Johnson said that they meet tomorrow. City/ Schools Committee Mayor Carden said that the joint use facilities and suggested routes to school are going to be agendized at future Council meetings. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Carden stated that it has been brought to his attention that the citizen members of the traffic committee have been serving for some time. He said that he believes their terms are to be reviewed annually. He asked staff to review the matter. F. ADJOURNMENT: Mayor Carden adjourned the Regular Session at 9:17 p.m. to the Redevelopment Agency Meeting immediately following this meeting. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City +k Attachments: Exhibit A—Prepared statement by Benedict St. Germain Exhibit B—Overhead projection by Council Member George Luna Exhibit Council Member—Prepared statement by Mary Hickey CC 09/22/98 Page 9 of 9 To: The Mayor and City Council of Atascadero U Re: Rezoning of Property at 10801 E1 Camino SEP 2 11998 Dear Mayor and Council Members: CITY OF ATASCADER0 CITY CLERK'S OFFICE As you have probably read in the Telegram- recently, we senior citizens have been dealt a critical blow to our health care: Tenet, Healthnet and Lifeguard have dropped their medicare HMO plans. Exhibit: A This letter is not intended to address that Atascadero City Council problem. What it does address is our understandable Meeting Date: 9/22/98 anxiety regarding the Planning Commission's recommendation that the City Council approve a change in the designation of .the above property to RMF-16 (High Density Multiple Family) . This change, if approved by you, would mean that we, in the Villa Margarita Mobilehome Park would be subjected to the same injustice to the north that we are now subjected to on the south of our park since Bordeaux House Apartments were constructed. When most of us chose Villa Margarita as our final home, it was quiet and virtually trouble-free. Since Bordeaux came along we have been assaulted with various acts of vandalism, theft, loud music from stereos, boom boxes and car radios, strangers making holes in the fence, and coming through to walk their dogs and ride their bikes, abandoned cats and kittens, garbage being thrown over the fence into our yards, and the added problem of traffic congestion on E1 Camino which is already congested with more traffic from the new homes across the street. The resultant stress of this situation has taken a heavy toll on us and the possibility of being sandwiched between two multiple family zones seems unbearable. Now, more than ever, senior citizens must at least be able to retreat to the peaceful quiet of their own homes in search of some comfort and respite from our increasing feelings of disenfranchisement in this community and in San Luis Obispo County. This change to RMF-16 will decrease the value of our mobiles and make it virtually impossible for us to sell them. Most of us are too old or too ill to move or even to attend the Council meeting on September 21st. - T know I speak for all the residents of 'Villa Margarita Mobilehome Park who cannot attend your meeting, as well as for the residents of the Danish Care Center when I strongly urge you to vote "no" on this issue. Please do not let this happen. Si cerely, rm v tci � Villa Margarita Mobilehome Park cc: Steven L. DeCamp Exhibit: B Conditional zoning. Atascadero City Council Meeting Date: 9/22/98 "'Conditional zoning' is an appropriate phrase to describe a zonir change which permits use of a particular property subject to conditions not generally applicable to land similarly zoned," Scrutton v. County of Sacramento, 275 Cal. App. 2d 412, 417 (1969). The term "contract zoning" has sometimes been used synonymously w z "conditional zoning." The court in Scrutton stated at page 419 that the phrase "contract zoning" has no legal significance and simply refers to a reclassificatioi land use in which the landowner agrees to perform conditions not imposed on o-, landowners. In Scrutton, plaintiff filed an application to have property rezoned from agricult-, to multiple-family residential to permit its development for residential apartmen purposes. The planning commission recommended approval of the application, subject to certain conditions, which included dedication and improvement of certain streets adjacent to the parcel. The Board of Supervisors, after hearing, approved the Planning Commission's recommendation. Before adopting a rezon ordinance, the Board tendered a deed and contract for plaintiffs signature and would not formally adopt the rezoning ordinance until the applicant returned th( executed deed and contract. Plaintiff refused to sign the contract and filed an ac for declaratory relief against the County on the theory that the imposition of suc conditions to a rezoning was improper. The court upheld both the County's action and the conditional rezoning as a manifestation of the same police power which supports the imposition of conditions on approval of subdivision building permits, and zoning variances. Scrutton, supra, at 418. r, should be noted, however, that the court also held that the conditions cannot require an automatic reversion of the land to its former zoning if the conditions not met. Such a reversion would be a zoning amendment that would be invalid f failure to comply with the notice and hearing procedures of the State Zoning Lai Exhibit: C w R i Atascadero City Council Meeting Dater 9/2--2/98 S 2 X98 Clay lsnfi 4 -f ru t -Wc t- 4w a r� 6— 5G-les OcP(- - � � Oyi `t�-, kOT- (om- )gam sav-x R-QS`- K-oGA rt y art. 010 1��c�� c��v <,N -vi n f r�5 u._t ,� �a tr r J � C-ckUA V CA �.c. -EU cam►c� �-1..�. �Zvio 6� C'��._.Q, c.2 lC c! a)1-42 4t G jt U C� t" 1�r. a G�4 LISAQ (LA fJC.4 Cil ezf. J, I -'1.1e 6A 4 & cAA4 c. .. 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