HomeMy WebLinkAboutMinutes 120898 Approved as Submitted
January 12, 1999
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY,DECEMBER 8, 1998
PLANNING COMMISSION INTERVIEWS 6:00 P.M.
The Planning Commission interviews were continued to the meeting of January 12, 1999.
CLOSED SESSION,6:30 P.M.:
1) Conference with negotiator over real property. (Govt. Code 54956.8)
Negotiator: City Manager Wade McKinney
Property: Mr. & Mrs. Hensley, 9085 Morro Road
2) Conference with legal counsel—existing litigation
Name of case: Theis vs. City of Atascadero
City Attorney Roy Hanley announced that there was no reportable action taken.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the Regular Session to order at 7:00 p.m. and Council Member Luna led
the pledge of allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia Torgerson and City Treasurer David G. Graham
Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain,Administrative Services Director Rachelle Rickard,
Community and Economic Development Director Paul Saldana, Assistant
City Engineer John Neil and City Attorney Roy Hanley.
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APPROVAL OF AGENDA:
Mayor Johnson suggested the Council amend the agenda by moving the Public Comment item
concerning the Sexually Oriented Business Ordinance to the Council Reports section, #1. Also,
he suggested that the Council continue the item#3 under Council Reports to their meeting on
January 12, 1999 along with the Planning Commission interviews.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the agenda as amended by Mayor Johnson.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. PUBLIC COMMENT: Citizens against pornography intend to make comment
about the Sexually Oriented Business Ordinance—Rusty
Risch
Mayor Johnson announced that this item was added to the agenda recently as a result of
miscommunication between the City and the Coalition for Decency. They had asked for time
with the Council to express their concerns of Atascadero's existing Sexually Oriented Business
Ordinance.
Curtis Clark, 6906 Portola Road, stated that he is responsible for drafting the
proposed amendments to the ordinance before the Council. He explained that
these amendments strengthen the existing ordinance. He expressed concern that
these amendments were originally proposed to the Council 8 months ago and the
Council has not responded to them.
Mayor Johnson assured Mr. Clark that the Council is concerned about this issue
and is interested in keeping a tight rein on sexually-oriented businesses in
Atascadero. However, the Council must consider all legal aspects of this issue and
make decisions wisely. Mayor Johnson also said that he takes offense to the
comments in the Coalition for Decency's letters and newsletters that state the City
Council is not interested in pornography, only litigation. He asked the City Attorney
to give a report to Council concerning this matter.
City Attorney Roy Hanley explained that he has met with Mr. Clark to review their
proposal. He stated that the existing ordinance is working quite well. He explained
that in Atascadero non-conforming use businesses can operate indefinitely.
However, our Sexually Oriented Business Ordinance allows sexually-oriented
businesses to operate for only 5 years under each CUP. This five-year limitation
has previously been supported by the courts in California. He explained that the
City of Long Beach has a similar ordinance as Atascadero and is currently in
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litigation and on appeal up to the 9" circuit. He recommended that before taking
any legal action the Council should wait to see the result of this appeal.
Council Member Clay asked for clarification on the statement that it is better for
larger cities to litigate. Mr. Hanley responded that the larger cities in California
have more money and staff to handle litigation and the smaller cities can benefit
from their results.
There was lengthy Council discussion and Mr. Hanley answered Council questions.
Mayor Johnson stated that he had asked the City Manager to contact Bakersfield
and ask of their experiences in this matter. Mr. McKinney stated that he had
spoken with the City Manager in Bakersfield. He stated that they have a few adult
businesses including live dancing. The City Manager of Bakersfield indicated that
they have been working on their ordinance for a couple of years, have spent
$200,000+, have lost a City Attorney over the issue and are no closer to resolving
the issue. They have encountered many of the problems that have been discussed
here tonight but had no suggestions for us.
Mayor Johnson asked the Police Chief to share any secondary effects that
Atascadero has experienced as a result of the adult business. Police Chief
Hegwood stated that the adult business has not caused any secondary effects as of
this time. He said that the calls for service at the adult business location are lower
than other businesses in town.
Curtis Clark, 6906 Portola Road, stated that the City can not avoid litigation
forever. Sometimes, you have to go to court to protect our community. He
explained that in his proposal to the Council he quotes from the same cases that
Mr. Hanley is quoting to the Council supporting his recommendation to do nothing.
PUBLIC COMMENT
Mark Sobowits, 9355 Jornado Lane, #5, stated he's the vice-president of the
Coalition for Decency. He is concerned that the existing ordinance is not being
enforced. He urged the Council to make sure that the Police Chief is going into
business to see violations and site them.
Rusty Risch, Atascadero, stated that he is the president for the Coalition for
Decency. He wants 'to see Atascadero remain a family-oriented city. Mr. Risch
said that there are secondary effects of the adult business. He also said that
families have broken up as a result of this business. He stated that he feels the
existing ordinance could be stronger.
Regina Foster, Paso Robles, said that she is concerned about the effects of sex
toys on 18-year-olds. She asked the Council to stand up for morality.
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Adam Clark, 7850 Navajoa, stated that pornography effects all families. He
explained that pornography hurt his family because of him living that lifestyle. He
urged the Council to strengthen the ordinance.
Gary Kanter, 4012 Morning Star, Huntington Beach, stated that he urges the
Council to eliminate the adult business. He shared an experience he had with a
large adult business and its effects on the community. He said that he understands
why the City doesn't want to litigate, but sometimes you have to bite the bullet to
protect the community.
Whitey Thorpe, 8025 Santa Ynez, said that he is concerned about the children and
the effects of this adult business on them.
Roger Clark, 5501 Dulzura Ave., shared an experience he had while he was
picketing the adult business. A County Sheriff's car pulled up stating that they
were looking for a child molester and figured "what better place for him to come"
than the adult business. Mr. Clark said that the Council needs to realize the type of
people that this business attracts.
Jacqueline Slayden, 8550 El Corte, addressed the issue of secondary effects. She
stated that every week she sees children, age 12 and under, loitering in front of the
Mr. Diamond's store, looking in the window. She asked the Council what long-
term effects will there be on those children.
Mayor Johnson closed the Public Comment period.
Mayor Johnson stated that the City Council does not want the adult business in
town. He stated that we have to deal with not only the issue concerning the
existence of the store, but we need to consider why there are customers going into
the business. He also said that he is concerned about the comments that the
Council is part of the problem. He reminded the audience that the Council has to
follow the law. Mayor Johnson encouraged the Coalition for Decency and the
churches in Atascadero that if he didn't have customers, the business would not
exist in Atascadero.
All Council Members expressed their opposition to the adult business in
Atascadero. They asked citizens to work with the Council on this issue and not be
adversarial.
Mayor Johnson asked staff to set up a meeting with a few Council Members, staff,
Coalition for Decency and interested citizens.
Council Member Luna stated that we have a tool to re-locate Diamond's adult
business and that is redevelopment of the downtown.
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Mayor Johnson called a recess for 5 minutes at 8:15 p.m.
Mayor Johnson called the Regular Session back to order at 8:22 p.m.
Mayor Johnson announced that we won the appeal against Merrill Lynch
concerning the Orange County lawsuit.
Council Member Luna stated that the current Western City magazine told that at the annual
League of California Cities' meeting, Governor-elect Davis spoke to the official present. The
article said that he referred to the importance of returning property tax taken from cities by the
State to supplement the ERAF. Davis promised, "to make payments on a scheduled basis to
restore the money we took from you." Council Member Luna suggested that staff prepare a letter
to Governor-elect Davis with copies to Jack O'Connell and Able Maldanado stating that we are
aware that he made this promise and expect him to follow through. Council Member Luna also
asked for consensus of the Council to encourage other mayors to write similar letters.
There was Council consensus to write a letter to Governor-elect Davis concerning
his promise to pay back the cities and encourage other mayors to do the same.
2. Review of Term of Mayor- Council discussion and determination of the length of
term the Mayor will serve.
City Manager Wade McKinney gave a brief staff report referring to the survey
included in the agenda packet.
Council Member Lerno stated that he supports a two-year term for the mayor.
Council Member Luna stated that he doesn't think the mayor term has any effect on who is on
any committee. Using the overhead projector, he also showed that the Municipal Code explains
that the Mayor position is generally ceremonial. But, if the Council wants to change that and
give the Mayor more authority, they would have to change the Code and put the issue on a ballot
for the public to decide (see Attachment A).
Council Member Clay stated that he likes the way the mayor's term is now.
Mayor Pro Tem Arrambide stated that he agrees with Council Member Luna that the Mayor
position is largely ceremonial but needs to be able to run a meeting, etc.
There was Council consensus to leave the Mayor's term as it is at one year.
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3. Review of Selection Process for Planning Commissioners—Council discussion of the
role of the Planning Commission , the history of the selection process, and future
direction for the Commission.
Mr. McKinney gave a staff report and read an excerpt of an article from The Planning
Commissioner's Journal. There was discussion of the roles of staff, Planning Commission and
City Council and how they interact.
PUBLIC COMMENT
Mike Murphy, 9320 Santa Clara Road, stated that he supports the Planning Commission and
feels they should be allowed to review more issues and give input to the Council.
Bill Zimmerman, 6225 Lomitas, expressed his concern for the possibility of the Council
changing the makeup of the Planning Commission. He also stated that he is opposed to the idea
of the Council Members appointing their own representative. Mr. Zimmerman stated that he
feels they have an excellent Planning Commission now.
Rush Kolemaine, P.O. Box 1990, suggested his preference of a 4-year mayor term. He also
suggested that the Council should consider for the future four Council Members each elected by
a portion of the City and the Mayor elected at large. He stated that he felt the Planning
Commission is working well and doesn't need to be fixed.
Mayor Johnson closed the Public Comment period.
Council Member Luna stated that he agreed with Mr. Kolemaine; if it's not broken, don't fix it.
He said that he is pleased with the Planning Commission as it is.
Mayor Pro Tem Arrambide stated that he feels the Planning Commission should reflect the
current philosophy of the Council. He would like to meet with the Planning Commission and see
where they stand in relation to this Council.
Council Member Lerno stated that he agrees with Mayor Pro Tem Arrambide.
Council Member Clay stated that he's concerned with the negative comments that some Planning
Commissioners have made of the Council. He stated that he supports leaving the Planning
Commission the way it is.
Mayor Johnson stated that the Planning Commission is not a policy body. They can disagree
with the Council but should not undermine a Council decision. He stated that if a Commissioner
disagrees with the Council, that's fine as long as they don't make negative comments about the
Council. He suggested that the Council interview each of the existing Commissioners and
discuss the code of conduct expected of them by the Council. He recommended validating the
existing Planning Commission in January along with the interviews to fill vacancies.
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Council Member Clay stated that he apologized for any negative comments he has made in
response to the negative comments made by the Commissioners.
Council Member Luna encouraged the annual joint City Council/Planning Commission
meetings. He stated that politics brings about differences of opinions and we need to sit down
collectively and discuss those differences.
Council Member Lemo said that he feels some of the Planning Commissioners aren't willing to
work with the Council. He stated that he feels the Council should re-evaluate the current
Planning Commissioners. '
Council Member Arrambide suggested that the current Planning Commissioners fill
out the supplemental questionnaire within 30 days and have the Council review
them.
There was Council consensus to send out supplemental questionnaires to the
existing Planning Commissioners for Council to review.
4. Appoint a Citizen to the unexpired term of Mike Arrambide on the Planning
Commission—Council review candidates for a vacant Planning Commission
position.
Mayor Johnson stated that this item is being continued to the January 12, 1999
meeting.
COMMUNITY FORUM:
Rush Kolemaine, P.O. Box 1990, agreed that the Planning Commission does not set
policy. He suggested that the Council try to agree on their requirements for
Planning Comissioners.
Steve Spratt, 295 Del Mar Court, San Luis Obispo, stated that he is the account
representative to the City of Atascadero for PG&E. He provided a handout to the
Council concerning PG&E's Winter Watch Program (see Attachment B).
George Ablin Jr., 4679 San Anselmo, a member of a group of citizens that have
formed the Safety of Streets Committee. He stated that this committee is
concerned with pedestrian safety in Atascadero. He submitted a petition asking
for speed limits in residential areas and pedestrian paths (see Attachment C).
Mike Murphy, 9320 Santa Clara Road, said he appreciates the fact that this Council
runs their meeting in an open manner. He urged the Council to continue to allow
people to speak on all issues.
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Dorothy McNeil, 8765 Sierra Vista, asked the Council if they have heard what they
have been saying tonight. She explained that they said they believe in diversity but
you want all to have the same philosophical approach. She stated that there is a
conflict between these two statements.
Douglas Beard, 4690 San Anselmo Road, questioned why the Mayor had pulled
Item #A-5. Mayor Johnson explained that he was pulling the item to ask questions
of staff, not to oppose it.
Mayor Johnson closed the Public Comment period.
A. CONSENT CALENDAR: Roll Call
1. City Treasurer's Report—October 1998—Fiscal Impact: None (City Treasurer
recommendation: Review and accept) [Rudy Hernandez]
2. Resolutions Adopting/Amending Contractual Agreement for Deferred Compensation
Providers—Fiscal Impact: None (Staff recommendation: 1) Council adopt Resolution
No. 1998- 056, authorizing the City Manager to execute an agreement with ICMA
Retirement Account to provide a deferred compensation plan, 2) Council adopt
Resolution No. 1998- 057, authorizing the City Manager to execute an agreement to
amend the plan document for deferred compensation with The Hartford, and 3) Council
adopt Resolution No. 1998- 058, authorizing the City Manager to execute an agreement
to amend the plan document for deferred compensation with Great Western Bank
FundSelect) [Wade McKinney]
3. Service Employees International Union Local 620 Memorandum of Understanding—for
Fiscal Year 1998-99—Fiscal Impact: $32,000.00 (Staff recommendation: Council
authorize the Mayor to execute a Memorandum of Understanding with the Service
Employees International Union Local 620 for Fiscal Year 1998-99) [Wade McKinney]
4. Amended Conflict of Interest Code—Fiscal Impact: None (Staff recommendation:
Council adopt Resolution No. 1998-055, updating and amending the conflict of interest
code for the City of Atascadero) [Roy Hanley]
5. San Anselmo Avenue—Establishment of 35 MPH speed limit between El Camino Real
and Dolores Avenue—Fiscal Impact: $1,000— (Traffic Committee recommendation:
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Council adopt Resolution No. 1998-052, establishing a speed limit on the portion of San
Anselmo Avenue between El Camino Real and Dolores Avenue) [Brady Cherry]
Mayor Johnson pulled Item #A-5.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-1,2,3 and 4.
Motion passed 5:0 by a roll-call vote.
Mayor Johnson asked why we cannot set blanket speed limits in residential areas.
City Attorney Roy Hanley responded that speed limits are set as a result of speed
surveys.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item #A-5.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
I. Unreinforced Masonry Building Ordinance - Amendment of Time Limits for Compliance
—Fiscal Impact: None (Planning Commission recommendation: Council adopt
Ordinance No. 356 on first reading by title only, extending the time limits for compliance
with the Unreinforced Masonry Building regulations) [Paul Saldana]
Community and Economic Development Director Paul Saldana gave the staff report
and answered Council questions.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, asked for clarification of the number of URM buildings in
Atascadero. Mr. Saldana stated there are 29 privately-owned buildings and 2 public buildings.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to adopt Ordinance No. 356 on first reading by title only,
extending the time limits for compliance with the Unreinforced
Masonry Building regulations.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
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1. State Transportation Improvement Program Candidate Projects—List of candidate
projects for STIP amendment—Fiscal Impact: Will generate $1,466,000 (Staff
recommendation: 1) Council approve, by minute order, the list of candidate projects for
which staff will be submitting funding applications for the 1998 State Transportation
Improvement Program (STIP) amendment, and 2) Council authorize, by minute order,
the re-allocation of Surface Transportation Program (STP)funds from the Portola Road
Rehabilitation Project to the San Fernando Road Rehabilitation Project) [Brady
Cherry]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Lerno and seconded by Council Member Luna to
approve, 1) the list of candidate projects for which staff will be
submitting funding applications for the 1998 State Transportation
Improvement Program (STIP) amendment, and 2) the re-allocation of
Surface Transportation Program (STP) funds from the Portola Road
Rehabilitation Project to the San Fernando Road Rehabilitation
Project.
Motion passed 5:0 by a roll-call vote.
2. Information Bulletin
Mr. McKinney announced that the City's web page is up and running but is still under
construction. He explained that the public can now e-mail the Council Members and the current
Council agenda and previous minutes are available to the public on this site.
Council Member Clay asked about the status of the banner poles on El Camino Real. Mr.
McKinney explained that one organization expressed an interest in participating if others joined
in but as of yet, no one else has shown much interest.
A COMMITTEEE REPORTS
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson announced that they will not be meeting until January.
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Water Committees
Council Member Clay stated that they will be meeting Thursday.
Integrated Waste Management Authority
Council Member Luna noted that the California Integrated Waste Management Board is going to
consider the 1995 diversion rates. The only city in trouble is Arroyo Grande.
Air Pollution Control District
Council Member Lerno stated that they are meeting tomorrow.
Economic Vitality Corporation, Board of Directors
Mayor Johnson announced that David Spaur is the new Director as of December 1". Also, there
is a meeting tomorrow.
Mayor Johnson asked the Council Members to let him know by the end of the week what
committees they want to serve on. He will be announcing his appointments at January 12, 1999
meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Johnson asked that staff link up with Fire, Police, Schools and Water Company and any
other potential entity that could be impacted in regards to Y2K.
Cily Clerk
City Clerk Marcia McClure Torgerson asked for clarification of the Council's request concerning
the Planning Commission vacancies.
There was Council consensus to have the existing Planning Commissioners fill out
the
supplemental questionnaire and have them included in the agenda packet of the January 12,
1999 Council meeting. Also, there was Council consensus that the Planning Commission
interviews to be held on January 12, 1999 will be for the one current vacancy and the two
upcoming vacancies of February 1, 1999.
City Treasurer
City Treasurer David G. Graham announced that he is planning on having a Finance Committee
meeting around January 19, 1999. He stated that once Mayor Johnson has appointed the Council
Members to their committees, he will notify those assigned to the Finance Committee.
F. ADJOURNMENT:
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Mayor Johnson adjourned the Regular Session at 10:10 p.m. to the Redevelopment Agency
Meeting immediately following this meeting.
MEETING RECORDED AND MINTUES PREPARED BY:
L:i__ M(-UU-, )t-� W�tu�Marcia McClure Torgerson, City Cle
ATTACHMENTS: Attachment A-Overhead projection of George Luna's
Attachment B-Handout from PG&E (Steve Spratt)
Attachment C-Petition from Safety of Streets Committee
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ATTACHMENT A .
Atascadero City Council
December 8, 1998
Sec. 2-4.18. Relations with Council.
The City Council and its members shall deal
with the administrative services of the. City only
through the City Manager, except for the
purpose of inquiry, and neither the City Council
nor any member thereof shall give orders to
any subordinates of the City Manager. The City
Manager shall take his orders and instructions
from the City Council only when sitting in a duly
convened meeting of the City Council, and no
individual Council member shall give any orders
or instructions to the City Manager. The City
Council shall instruct the City Manager in
matters of policy. Any action, determination or
omission of the City Manager shall be subject
to review by the City Council. The City Council
may not overrule, change or modify any such
action, determination or omission except by the
affirmative vote of at least three (3) members of
the City Council,
Sec.24.19.Attendance at commission meetings.
The City Manager may attend any and all meetings of the Pkwmkp Commission,and any other
commission,board or committee created by the City Council,upon his own volition or upon direction of
the City Council.At such meetings which the City Manager attends,he shall be heard by such
commissions,boards or committees as to all matters upon which he wishes to address the members
thereof.He shall Inform such members as to the status of any matter being considered by the City
Council,and he shall cooperate to the fullest extent with the members of all commissions,boards or
committees appointed by the City Council.
Sec.24.20.Removal;method;notice.
000093
ATTACHMENT #B
Atascadero City Council
'
Pacific Gas and December 8, 1998
winter Watch 98-99
Electric Company-
This year La Nina is expected to bring wetter than average weather to
W E DELIVER ENERGY."" California,particularly in communities from San Francisco north While La Nina
is not expected to pack the intensity of II Nino,prolonged rains can saturate
the ground causing problems which affect power lines and poles Rain or shine,
high winds also increase the risk that power facilities may be damaged
• ' • ■Over 5,000 men and women form the
What we do to keep the lights on PG&E crews who deliver energy to
Ba Born customers,day and night Close to 1,000
Coumy Pacific Gas and Electric Company
ss4ou Qunrycustomer service representatives are
delivers natural gas and electricity to
approximately 12 million people in available for customers 24 hours a day,
48 counties throughout Northern and 7 days a week at our call centers.
Central California We operate 110,000 Thousands more employees provide
miles of power lines and 70,000 miles engineering,logistics and communication
,,, • of natural gas pipelines throughout our support behind the scenes.
nq Shun lanq
Tri"iry taimy Cusco taunt 70,000 square mile service territory. F
We patrol our lines yearly and use How customers can be prepared,too
new technology to detect and repair
& „(oun potential problems. •Have at least one flashlight available for
q Pumu county IN each family member. Ensure there are
There are over 2.1 million wooden utility fresh batteries close at hand. PG&E
poles in PG&E's electric system.PG&E recommends against using candles.They
New (auGlenn Eounq Sam rq Siem tests every pole for structural strength,
my Cant can start fires and should be avoided.
then,treats each with a preservative to
NWIL prevent decay, In 1998,we tested and •Keep a battery-powered radio handy
tcounj tho�l treated about 350,000 poles.We with fresh batteries,as well as a fully
U"t0"q q N'"` "� replaced or reinforced about 25,000. stocked first aid kit.
Tolu tounq El Bongo tours Npift IN 4.5 million trees grow in the vicinity •Maintain a supply of bottled water,a
Sonoma burry B>pz Cant q co°"q of PG&E's overhead power lines. manual can opener,a battery-powered
Smm„m, Amedor PG&E has one of the most or wind-up clock and non-perishable
So=Count
toumy tonna successful vegetation manage- canned and dried food.
We(suety Uvesu taunt ment programs in the
San ja*1n Tuolumne touray 0 Fill a couple of two-liter plastic bottles
tonin toss fount taiMy country. In 1998,we safely with water and put them in the freezer.
SUFgo Al County pruned 2.1 million trees.. If the power goes out,move them to the
taumy nsy B 'ott Coon
saoahus tally q refrigerator compartment. By minimizing
Sin the opening of the refrigerator door
my Merced tonatj during a prolonged outage,perishable
NadeR Count food may stay fresh for up to three days. _
sane uue Carry ■Treat all downed wires as if they carry
sin sedno
h•"o:t01"q current. Do not touch or try to move
them. Keep children and animals away,
Bomerey Can � '�� and report downed Tines immediately to
Mae Count PG&E and 911.
SAN LUIS OBISPO COUNTY
,. doubly
During severe storms . •
emergencies,other ;
coordinate •. Sen US Gap Cant ; _ Customer service: 1.800.743.5000
,, Storm information line:1.800.743.5002
over 249,000 . • • . �f°t°""� or visit our website: httpJlwww pge.com
Luis Obispo 'staffed =:-
through three fully service centers M,
located in ,Sams Bubas tarry
Pismo Beach,San Luis 000094
Obispo
' ATTACHMENT #C
Atascadero City Council
December 8, 1998
Safety On Streets Petition to Atascadero City Council
We,citizens of San Luis Obispo County and residents of the community of Atascadero,have
formed the Safety of Streets(S.O.S.)committee,in an effort to express our concerns over the unsafe and
imminently dangerous conditions of our community streets.This was sadly demonstrated recently by a
serious accident.involving pedestrians. On.September 23, 1998,a visiting grandmother was walking her
two-year-old grandson in a stroller along a local street,when they both were struck by a vehicle. The
grandmother sustained serious head injuries,and the child recieved two broken legs and multiple head
lacerations. After treatment of both at Twin Cities Hospital emergency room,both were hospitalized at
Sierra Vista Hospital,where the grandmother was placed in the Intensive Care Unit.This serious accident
emphasizes the imminent need for our City Council,Community Development Committee,Public Works
Department,and Traffic Committee to take active steps to improve the safety and quality of our streets.
We feel that it is a reasonable request that children and adults be able to walk on our residential
streets without fear of serious injury by vehicles. Currently there is a significant lack of walkways,
sidewalks,and speed limit signs,which currently means that pedestrians must share the road with
vehicles which can legally travel from 35 to 55 mph on our residential streets!
Previous attempts to fix these problems have failed miserably,or have been abominably slow.
Excuses for the city's inability to make these improvements have ranged from: "That's not our job", "We
have to do another study","The study is not done yet", "The police cannot participate in this study", "The
police have a vested interest in this study","These are not residential streets","We have worry about the
impact of suits due to issuing the resulting speeding tickets",and culminating inevitably with"We will
review this again at a later meeting".Our last attempt to have a sin a 35 mph speed limit sign installed
on the east side of San Anselmo Road,which was deemed feasible and reasonable by the cooperative
Atascadero Police Department at our first Traffic Committee meeting,has been delayed for approximately
nine months! In a meeting with the Traffic Committee on January 21, 1998,after some city officials and
employees scoffed at our suggestions of additional stop signs,speed limit signs,warning signs,speed
bumps,and/or sidewalks(orwalkways on one side of the street),we asked: "What will it take? Will you
have to wait until someone is hit before you will make these streets safe for pedestrians?"
Unfortunately,that serious accident has finally occurred! We feel that the city is partially
responsible for this due to their inability,repeated delays,and poor response to our requests to make our
community streets safer for pedestrians.
We call on our public officials to take definitive steps to ensure public safety on our streets. Such
steps include the following:
1. Pedestrian safety must be given higher priority in the determination of speed limits,
posted and non-posted,in our community..
2. Pedestrian safety must be given higher priority in the determination of roadway
construction,modification(i.e.sidewalks,walkways,crosswalks,lighting),and
maintenance.
3. Additional stop signs and warning signs at busy intersections,blind curves,limited-
sight roadways,and obstructed intersections.
4. Reclassify specific/most Atascadero community streets as residential,which would limit
the vehicle traffic on those streets to a 25 mph speed limit,unless otherwise.posted.
Then,determine which streets warrant higher posted speed limits. .
5. Posting and enforcing speed limits of 25 mph and 35 mph in these residential areas,m a
timely manner.Deadlines for completion of necessary studies and placement of signs
should be set,and any delays should be publicly reported.
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6. Painting of crosswalks,with placement of appropriate warning signs,at busy pedestrian
crossings,particularly at schools and near geriatric facilities. The current situation at
San Benito School deserves immediate attention and remedy.
7. Possible placement of speed bumps or other traffic-slowing devices in.well-known
residential areas of speeding cars:
8. Definitive deadlines and time limits must be set for future traffic studies and street safety
reviews requested by Atascadero community residents,so that such safety issues can
be resolved expeditiously.
9. Set up community safety zones,with lower speed limits or other safety measures,in
areas where a majority of the residents in those areas agree to those designations.
Perhaps a new"community-residential' street classification could be enacted,which
would allow special safety considerations and restrictions for vehicle traffic and
pedestrians. Such a designation or classification might be made by the consent of the
majority of residents living along a section of street(for example,a 1/4 mile section of
street),with official approval by the Traffic Committee. Commercial zones would
probably need to be excluded.
10. Other improvements that the City Council,Community Development Committee,Public
Works Department,and Traffic Committee might propose to increase public safety on
our streets,and to remedy such safety issues in a more timely and efficient manner.
We,the undersigned members of our community,asked that the City Council take up these
imminent safety,issues and suggestions,and feel that failure to address these recognized safety concerns
will increase the financial and moral liability of our City and County for its residents,and for visitors in
our community. We are not claiming that any particular individual or department is responsible,but feel
that there is a general inability for the current system to respond in an efficient and timely manner on
these legitimate and imminent community safety concerns. "What will it take?Will we have to wait until
more people are hit before You will make these streets safe for pedestrians?"We want Safety on Streets!
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000096
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000097
Safety on Streets Petition to Atascadero City Council
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