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HomeMy WebLinkAboutMinutes 011299 Approved as submitted DATE: 02/09/99 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY,JANUARY 12, 1999 PLANNING COMMISSION INTERVIEWS, 5:15 P.M. The City Council interviewed seven of the eight candidates on the interview schedule. William Bright had pulled his application from the recruitment. All Council Members were present. Kimberly Jeanes was appointed to complete the term vacated by Mike Arrambide when he was elected to the City Council. This term expires February 2001. Royce Eddings and Hal Carden were appointed to new terms of four years, expiring in February 2003. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the Regular Session to order at 7:00 p.m. and 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, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll-call vote. CC 01/12/99 Page 1 of 10 Approved as submitted DATE: 02/09/99 Mayor Johnson asked the City Clerk to read the results of the Planning Commission interviews. City Clerk Marcia McClure Torgerson announced that Kimberly Jeanes was appointed to complete the term vacated by Mike Arrambide when he was elected to the City Council. This term expires February 2001. Ms. Torgerson also announced that Royce Eddings and Hal Carden were appointed to new terms of four years, expiring in February 2003. COMMUNITY FORUM: Judy Murphy, 9320 Santa Clara Road, expressed her concerns for not being noticed when the Eagle Creek project was proposed. She stated that the lights impact many neighbors including those across the freeway from the project. She read a prepared statement expressing her concerns. (see Attachment A) Eric Greening, 6600 Lewis Ave., stated that for those who want to design lighting that does not impact others, they should contact The International Dark Sky Association which is supported by both professional and amateur astronomers. He also stated that Graves Creek Road shows us that when we resurface a road we should also target that road for speed control. William Bright, 11875 Santa Lucia Road, stated that he doesn't want to see the Council fight for the next 2 years over who is right about what is good for Atascadero. He asked the Council to work together and inform the public and educate them on the issues before them. (see Attachment B) Mike Murphy, 9320 Santa Clara Road, stated that he is being physically impacted by the lights from Eagle Creek. He asked about the engineer's report on the mitigation of the lights. Mr. Murphy expressed his view that the City is stalling and avoiding compliance with City ordinances and CEQA. Tina Salter, 4080 San Antonio Road, spoke in opposition of the lights of Eagle Creek. She stated that the lights are better than they were last summer, but still not acceptable. She read a prepared statement expressing her concerns. (see Attachment C) William Bowman, 13105 Atascadero Road, stated that he lives next to the driving range at Eagle Creek Golf Course. He explained that golf balls are constantly invading his property. He said that he returned 1,000 golf balls to the driving range today. Mayor Johnson interrupted Mr. Bowman to state that this item is on the agenda and he should speak at that time. Mayor Johnson closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna asked for staff to give the Council an update on the lighting issue of Eagle Creek. Community and Economic Development Director Paul Saldana stated that the City has had a difficult time finding a lighting expert that would be able to evaluate the lighting at the golf CC 01/12/99 Page 2 of 10 Approved as submitted DATE: 02/09/99 course. He said that he has requested a lighting analysis and expects the results by the end of this week. There was discussion about what the City's standards are for lighting and what the analysis will tell us. Council Member Luna shared with the Council that Governor Davis' budget includes the COPS program which is $100 million per year to law enforcement. Mr. Davis' proposal is that this money would be divided among the cities on a per capita basis. He explained that the counties are against this proposal. Council Member Luna suggested that the League of California Cities and Atascadero should lobby for it. Council Member Luna stated that Governor Davis is talking about restoring the ERAF monies. It is estimated that the discussions on this issue will take 3 years. Council Member Luna said that Governor Davis stated in his fiscal plan that State and local officials should study whether the State's system of distributing sales tax based on where it is generated, rather than by population, hampers sound land use planning. Council Member Luna stated that he agrees with this opinion. Council Member Luna said that there will be billions of dollars coming from the Federal government to buy parks and open space under the heading of Smart Growth. He stated that he feels it is important for Atascadero to get in on this quickly. He said that the City of San Luis Obispo is 8 years ahead of us on this issue. City Manager Wade McKinney stated that Mr. Saldana is attending the Smart Growth Summit in Sacramento. Also, the San Luis Obispo City Manager has offered the assistance of their Natural Resource Specialist to help Atascadero with grants for open space. Mayor Johnson suggested that Atascadero stay on top of the COPS issue by sending a letter. He asked staff to write the letter for his signature. Council Member Clay stated that on January 31"there will be a Super Bowl Blowout and he invited everyone to chaperone for this program. A. CONSENT CALENDAR: Roll Call 1. City Council Minutes—November 24, 1998 - (City Clerk recommendation: Approve) [Marcia McClure Torgerson] 2. City Council Minutes—December 8, 1998 - (City Clerk recommendation: Approve) [Marcia McClure Torgerson] 3. Member 1998 Accounts Payable & Pam—Fiscal Impact. $1,045,125.17 (Staff recommendation: Review and approve) 4. October 1998 Accounts Payable & Payroll—Fiscal Impact: $1,026,507.82 (Staff recommendation: Review and approve) CC 01/12/99 Page 3 of 10 Approved as submitted DATE: 02/09/99 5. Establishment of 2-Hour Parking Zone on a portion of Traffic Way—Fiscal Impact: $400 (Traffic Committee recommendation: Council adopt Resolution No. 1999-005 designating a portion of Traffic Way as a 2-hour Parking Zone) [Brady Cherry] 6. Authorization to Purchase Transit Vehicle—From State Department of General Services —Fiscal Impact: $45,879.00 (80% will be funded through an Urban Mass Transit Assistance Grant and 20%through the local Transportation Development Act funds) (Staff recommendation: Council adopt Resolution No. 1999-009, authorizing the State Department of General Services to purchase a 22 passenger accessible bus for the City of Atascadero) [Brady Cherry] 7. Unreinforced Masonry Building Ordinance - Amendment of Time Limits for Compliance —Fiscal Impact: None (Staff recommendation: Council adopt Ordinance No. 356 on second reading by title only, extending the time limits for compliance with the Unreinforced Masonry Building regulations) [Paul Saldana] 8. Acceptance of Final Parcel Map#98011 —Divide two (2) existing lots into a total of three (3) new parcels (11750 San Marcos Road/Lindsey) - Fiscal Impact: None (Staff recommendation: Council accept the Final Map) [Paul Saldana] Council Member Luna pulled Item#A-7 and Rush Kolemaine pulled Item#A-6 MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to approve Items #A-1,2,3, 4, 5 and 8. Motion passed 5:0 by a roll-call vote. RE: Item A-6: Rush Kolemaine, P.O. Box 1990, stated he had concerns about what type of bus the City was going to purchase. Mr. Cherry responded that the vehicle is a V-10. He stated that the V-10 gets as good of mileage as the V-8 vehicles we already have in service. Council Member Clay asked for clarification of the signage on the buses and benches. Community Services Director Brady Cherry explained that we will probably go out to bid and come back to the Council with policy recommendations and the bid package. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Item #A-6. Motion passed 5:0 by a roll-call vote. RE: Item A-7: Council Member Luna asked if there are any businesses in the City that are compliant or are they waiting for the City to come into compliance. City Attorney Roy Hanley responded that Diamond's Adult World is the only building in town that is in compliance. Council Member Clay asked if when someone sells their commercial building,they are required to bring the building up to the standard. Mr. Saldana responded that it depends on if they have CC 01/12/99 Page 4 of 10 Approved as submitted DATE: 02/09/99__ done the initial engineering work which needs to be submitted with their building permit application for review. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item#A-7. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Conditional Use Permit#98013 — 13000 Atascadero Road/Gearhart—Appeal of Planning Commission decision—Fiscal Impact: Negligible (Staff recommendation: Council adopt Resolution No. 1999-008, approving the appeal and Conditional Use Permit #98013 subject to certain conditions) [Rachelle Rickard] Mayor Johnson announced that Council Member Clay will be stepping down on this item as a result of a new ruling of a potential conflict because of the real estate agency he works for. Mayor Johnson also announced that Council Member Lerno will be stepping down on this item due to a potential financial conflict. Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. Council Member Luna asked what is proposed if this doesn't work. Mr. Saldana responded that the City would re-evaluate the conditional use permit. Mayor Johnson asked if this extension will be engineered to stand wind force. Mr. Saldana stated that the action requested tonight is simply the variance to allow for the extension. We still have the issue of the building permit and whether or not the building official would actually approve the extension based on the structure that is proposed. Mayor Pro Tem Arrambide asked if the extension does not remedy the problem, will the City have the authority to rescind the permit. Mr. Saldana responded, yes the Council can review and revoke the Condition Use Permit. Council Member Luna asked if netting could be put over the top of the driving range. Mr. Saldana responded, yes that would be a possibility. PUBLIC COMMENT John Falkenstein, Cannon Associates, stated that he represents Mr. Gearhart concerning this issue and is available to answer questions. William Bowman, 13105 Atascadero Road, stated he lives next door to the golf course. He is severely impacted by golf balls daily on his property including damage to vehicles. He expressed concern for his family's safety and the liability issue if someone is injured. CC 01/12/99 Page 5 of 10 Approved as submitted DATE: 02/09/99 Mike Murphy, 9320 Santa Clara Road, stated that this is a health and safety issue that needs to be addressed. He said that there are alternatives to solve this problem that the Council needs to consider. Mr. Murphy read a prepared statement expressing his concerns. (see Attachment D) Jennifer Hageman, 8005 Santa Lucia Road, stated that she would like to see a non-netting solution to this problem. Judy Murphy, 9320 Santa Clara Road, stated that if this matter had been reviewed by the Council, it wouldn't be an issue now. Ms. Murphy read a prepared statement expressing her concerns. (see Attachment E) Mayor Johnson closed the Public Comment period. Council Member Luna stated that he agreed that this is a health and safety issue. He also asked if the existing banner is in violation of the sign ordinance. Mr. Saldana responded yes. Council Member Luna stated that he could support putting netting across the top of the driving range. He made a motion to deny the Conditional Use Permit for extending the poles and approving the covering of the driving range with netting instead. The motion died for lack of a second. Mayor Johnson stated that he supports solving this problem. He felt that 70 foot poles and netting might be the solution. If not, the Applicant will have to come up with a solution. Mayor Pro Tem Arrambide said that the banner is in violation along with many others in Atascadero. He went on to say that if the City is going to enforce the sign ordinance in this instance, then we need to enforce it everywhere. MOTION: By Mayor Pro Tem Arrambide and seconded by Mayor Johnson to adopt Resolution No. 1999-008, approving the appeal and Conditional Use Permit#98013 subject to certain conditions. Motion passed 2:1 by a roll-call vote. (Luna opposed, Clay & Lerno abstained) C. MANAGEMENT REPORTS: 1. 1998 Audit Report— (Staff recommendation: Council review and accept the audit report for the fiscal year ended June 30, 1998) [Rachelle Rickard] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council There was no Public Comment. CC 01/12/99 Page 6 of 10 Approved as submitted DATE: 02/09/99_ MOTION: By Council Member Luna and seconded by Council Member Clay to accept the audit report for the fiscal year ended June 30, 1998. Motion passed 5:0 by a roll-call vote. 2. Purchase of Financial System and Parcel Management Software—Fiscal Impact: $260,145.00 (Staff recommendation: Council adopt Resolution No. 1999-010 authorizing the City Manager to negotiate and the Mayor to execute a contract with Eden Systems for Financial Systems and Parcel management/Permitting software) [Rachelle Rickard] Ms. Rickard gave the staff report and answered questions of Council and the City Treasurer. There was no Public Comment. MOTION: By Council Member Lerno and seconded by Council Member Clay to adopt Resolution No. 1999-010 authorizing the City Manager to negotiate and the Mayor to execute a contract with Eden Systems for Financial Systems and Parcel management/Permitting software. Motion passed 5:0 by a roll-call vote. 3. Planning Commission Questionnaires—(Staff recommendation: Review questionnaires and take action as appropriate) [Wade McKinney] Mayor Johnson stated that Council requested that staff send out a questionnaire to the Planning Commissioners under his signature which was done and responded to. There was no Public Comment. Council Member Luna stated that he feels that the Council and Commission need to meet on a regular basis to let the Commission know the Council's preferences. Mayor Johnson agreed that regular meetings with the Commission are critical. Council Member Lerno made a motion to replace Commissioner Hageman with one of the candidates interviewed earlier tonight. There was no second. Mayor Johnson stated that the Council had agreed to review the Planning Commissioner's questionnaires and either affirm or not affirm each member. He recommended that the Council do that first to see where each Council Member stands on the issue. Mayor Johnson handed out a Planning Commissioner Review sheet to each Council Member and asked that they check off their preferences, sign the sheet, and he will have the City Clerk read the results. Council Member Clay asked the City Attorney if the Council is proceeding appropriately. Mr. Hanley responded that the Planning Commissioners do serve at the pleasure of the City Council. CC 01/12/99 Page 7 of 10 Approved as submitted DATE: 02/09/99 The City Clerk announced the results of the Planning Commissioner review: Alfred Clark— Affirmed by all Council Members Royce Eddings— Affirmed by all Council Members Roberta Fonzi— Affirmed by all Council Members Jennifer Hageman— Affirmed by Council Members Clay and Luna, Not affirmed by Council Members Arrambide, Johnson and Lerno Michael Sauter- Affirmed by all Council Members Bill Zimmerman- Affirmed by Council Members Clay, Johnson, Lerno and Luna Not affirmed by Council Member Arrambide MOTION: By Council Member Lerno and seconded by Mayor Pro Tem Arrambide to remove Jennifer Hageman from the Planning Commission. Motion passed 3:2 by a roll-call vote. (Clay& Luna opposed) Mayor Johnson suggested that the Council fill the new vacancy on the Planning Commission by voting for one of the remaining candidates from the Planning Commission Interviews earlier this evening. There was Council consensus to fill this vacancy by voting for one of the remaining Planning Commission candidates. David Bentz was appointed to fill the vacancy created by the removal of Jennifer Hageman. This term expires February 2000. 4. Fire Department Fee Schedule—Fiscal Impact: None (Staff recommendation: Council rescind Resolution No. 84-92, amend Resolution No. 90-92, Section 6.2 and update the Fire Department Fee Schedule by adopting Resolution No. 1999-006) [Mike McCain] Fire Chief Mike McCain gave the staff report and answered questions of Council. There was no Public Comment. MOTION: By Council Member Luna and seconded by Council Member Clay to rescind Resolution No. 84-92, amend Resolution No. 90-92, Section 6.2 and update the Fire Department Fee Schedule by adopting Resolution No. 1999-006. Motion passed 5:0 by a roll-call vote. 5. Information Bulletin City Manager Wade McKinney explained the Santa Barbara County orderly growth proposal. He also expressed his concern with the progress of the Transit Consolidation Study through SLOCOG. CC 01/12/99 Page 8 of 10 Approved as submitted DATE: 02/09/99 D. COMMITTEE REPORTS Mayor Johnson handed out to the Council his appointments to the committees. He stated that some of the committees need to be reviewed and the Council needs to decide if all are still needed. S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson said that their last meeting was an orientation meeting. Water Committees Council Member Clay stated that the Water Company has the clout, not the City. Integrated Waste Management Authority Council Member Luna said that they meet tomorrow. North County Council Mayor Johnson said that they meet on an ad hoc basis. He stated that he feels the homeless issue is going to become a north county issue that we will have to address. The County program up until now was to transport the homeless to the shelter in San Luis Obispo. The cold weather this year has brought overcrowding to that shelter and brought up the need for a north county shelter. Air Pollution Control District Council Member Lerno said that they discussed their budget at the last meeting. County_Mayor's Round Table Mayor Johnson said that they will meet at the end of the month. Economic Vitality Corporation, Board of Directors Mayor Johnson stated that they are discussing working with local businesses. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Luna asked about the update of the delinquent sewer fees. He asked for a report on how the delinquent fees were taken care of and how much money we gained or lost. City Attorney Mr. Hanley reminded the Council that Dave Fleishmann is working with him regularly. He also asked the Mayor to appoint a representative from the Council to the Risk Management Committee. Mayor Johnson responded that the Finance Committee representative is also the Risk Management Committee representative. City Clerk Ms. Torgerson offered clarification concerning the Clerk Index that Council Member Luna brought up earlier in the meeting. She explained that the Clerk Index is currently on her computer only. However, it is to be upgraded soon and will then be on the City's server and all CC 01/12/99 Page 9 of 10 Approved as submitted DATE: 02/09/99_ employees will have access. It will also later be available on the web site. Mayor Johnson asked about the status of the upcoming vacancies on the Parks and Recreation Commission. Ms. Torgerson responded that she is advertising now for the four vacancies and will be setting up the interviews with the Council on January 26, 1999. City Treasurer Mr. Graham announced that there will be a Finance Committee meeting within the next 2 weeks. F. ADJOURNMENT: Mayor Johnson adjourned the Regular Session to the Redevelopment Agency Meeting at 9:55 p.m. and the Council will reconvene immediately following the Redevelopment Agency Meeting for Closed Session. CLOSED SESSION: 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 negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: 6500 Palma Ave. Mayor Johnson adjourned the Closed Session at 10:20 p.m. to the next Regular Session of the City Council scheduled on January 26, 1999. City Attorney Roy Hanley announced that there was no action taken. MEETING RECORDED AND MINUTES PREPARED BY: 1 Marcia McClure Torgerson, City Clerk Attachments: Prepared statement by Judith Murphy, dated January 12, 1999 Prepared statement by William Bright, dated January 12, 1999 Prepared statement by Tina Salter, dated January 12, 1999 Prepared statement by Michael Murphy, dated January 12, 1999 Prepared statement by Judith Murphy, dated January 12, 1999 CC 01/12/99 Page 10 of 10 i Attachment: A Atascadero City Council Meeting Date: 1/12/99 Staff and City Council: January 12, 1999 On August 25th the City Council discussed the driving range lights in their meeting. During the public comment a lady stated that the responsibility was on the residents that were affected by the lights, we could have reviewed the plans during the permit phase of the project. I found this statementinteresting how can you review projects without notice. Until July 31, when the lights first came on we did not know that the driving range would be lighted. There are not any other lighted driving ranges in the county. Even if the driving range were lighted surely there are city codes that would protect surrounding citizens. We live over'/a mile away from the driving range! In the future,I guarantee that I will be in the building department demanding information if I see so much as an overturned stone within one mile of my home. At that same meeting several councilmen stated that the problem was in fact a small one and could be easily corrected. It's been 5 months, if it was so easy to correct why haven't we seen any real improvement! After months of trying to get information ourselves, it has taken our lawyer over 2 months just to get a chronology of events. Under state law this should have been provided to us within 10 days after our first request was made. No one can state that the lighting ordinance is being met. The lights are not supposed to leave the property. The driving range lights are invading the Bowmans residence, the Kerschens residence, and the field in front of our property and our home. The lights also spill on to the properties along San Antonio Road. Santa Clara Road and San Antonio Road are still not safe, drivers cannot see people walking along the road when the driving range lights come into view. The light source is supposed to be shielded from view. I don't believe anyone can honestly state that this has been accomplished. You can see the actual light bulbs(there are 9 of them) from all the properties previously mentioned. I don't know if these ordinances can be met. After looking at the Bowman residence the other night, I have my doubts. I have always wanted a house in the country. When we purchased our property Michael and I made sure that we were in the interior of an established neighborhood so we would not be drastically affected by eventual changes that would undoubtedly occur. We have spent many hours improving our property along with help from our parents, my late uncle and other friends and family members. We planned to spend the rest of our lives here. Up until the last few months it has truly been a labor of love. Recently however it has become increasingly difficult, it is hard to work on it There have been times when we have wondered if we will be able to spend the rest of our lives here. The constant bombardment of the intense lights combined with the lack of response of city officials has started to drastically affect the health of both Michael and myself. We no longer have the use of our porch at night and we have to constantly deal with the lights bouncing off the walls throughout the interior of our home. It has also affected our daughter who cannot understand why a situation like this can exist without the city inforcing their ordinances. It's hard to teach a 1'grader to love, respect and have faith in their community and government when you have lost faith in the governing bodies yourself. I have often wondered whether the city would take so long enforcing their lighting ordinances if the neighbors were shining lights at people using the driving range or at the patrons of the bar. I would like to make it perfectly clear to Mr. Gerhard that we are not"picking on him". Our comments are directed toward you. It is your job and duty to enforce and uphold your lighting codes and to follow CEQA guidelines. So far we have no evidence of this occurring. In closing, since many of you have stated that you are of the Christian faith,I thought I would share a verse Bridget has been learning..."Thou shalt love thy neighbor as thy self'. In other words you should follow the golden rule to"do unto others as you would have them do unto you. How would you want governing officials to handle the situation if you found yourself in our . shoes? You never know, we never thought we would be in this situation ourselves. Think about it Attachment: B Atascadero City Council Meeting Date: 1/12/99 January 12, 1999 After attending the first Planning Commission and especially the first City Council meeting after the election, I got to thinking. I enjoy attending these meetings and learning how our city government works , but I don't want to spend the next couple of years listening to the two sides of the city bicker about every little thing that you try to do. I keep hearing that the City Council must have this big secret agenda that they want to grease through. Before I go any further, I'd like to admit that I didn't vote for either of the two new council members. Its not that I don't think you have the best interests of Atascadero in mind, its just that I'm not comfortable with what I think you want to do. I strongly considered voting for Mike but in the end I didn't really know enough about how he would serve. And that is the issue. Mike and I talked at length before the election about Dove Creek. He explained some of his rational for supporting the project and most of what he said gave me food for thought. Where before I didn't support it, now I'm not sure. Which brings me to my point. You all obviously have a definite plan for Atascadero for the next couple of years. You can either ram it through or try and convince those who aren't now convinced that the plan makes sense. From what I have heard it seems that the council is considering tailoring the planning commission to better follow your lead. This coupled with a planning department that is responsive to your requests will definitely make it easer to get those projects that you consider important approved. But if you do it that way I would be willing to bet that 48%of the city will fight you every step of the way and never give you credit for anything good that gets done. If you don't care then I guess that's OK. I think there is a better approach, abet, a harder one for you. That is to give everyone all the rationale and all the facts for these projects. Mike did that a little in our conversation and it changed my way of thinking. When I say give me the facts,I don't mean the kind of crap that was floating around during the election. On one side we heard, "Dove creek will generate millions of dollars in revenue for the city, solve all our problems, and will make Atascadero the jewel of the central coast". On the other side.we heard, "Dove creek will end life as we know it on the entire planet." By facts I mean both good and bad. Each project is going to have a benefit and a cost. Large projects could cost the city some up-front investment and take a while to pay back those costs. Be up front about the hard things and prove your assumptions. I know that you will never convince all the people, but if your plan is really a good one you should be able to convince most of us, and if you're up front with everything, no one is going to be able to accuse you of trying to sneak anything through. Give us all credit for wanting to make Atascadero better also. Information for everyone is the key. For instance, I think that if the planning commission had been given presentations on redevelopment over the last six months they would have been much more likely to have approved the preliminary report the first time it came to them. I didn't see anyone on the commission really against it,just a.lot of folks who didn't know what ,they were voting for and were a little afraid to approve something that was going to last for 40 years without knowing all the facts. One way to start the information approach might be to do a column in the paper. Again, no campaigning,just the facts. Another way might be to have presentations by the staff. You could also hold long range planning sessions. I don't mean infomercials like we had last Thursday. According to the speaker, there will be no bad effects on any business in Atascadero as a result of Dove Creek. Anyone can figure out that if a Home Depot opens up in Dove Creek that it will take sales from all the hardware, lumber, tool, plant nursery, plumbing and electrical supply stores for miles around. Home Depot also sells floor and window coverings and provides incentives to contractors. And they can sell it for less than existing stores. So, rather than say it not going to happen, give the real answer, which is what Mike pointed out to me, and that is yes, it is going to happen, but its going to happen no matter where in the north county the Home Depot is located and we might as well keep those sales in Atascadero and keep the sales tax revenues plus draw in sales from Paso, Santa Margarita, Templeton, and maybe even San Luis. Lets talk about these projects and get all the available facts out there for all to see. If they are going to benefit Atascadero, most of us will support them and you. -A _Atascadero City_Council-- - -_ Meeting Date: 1/12/99 G� .-r-J-94— n L U� U - r Attachment: D Atascadero City Council Meeting Date`. 1/12/99 January 12, 1999 - - Atascadero City Council Dear Sirs, Tonight you are reviewing the conditional use permit to allow raising the netting at the Eagle Creek Diving Range. On November 3, 1998 all sitting planning commission members testified that the netting is not only a substantial demonstrable negative esthetic impact on the environment (unsightly), but also doesn't keep the golf balls in the driving range. As I understand the plan is to raise the netting another twenty feet. However, the owner of the driving range has testified to the planning commission he does not know if raising the netting another twenty feet will solve the stray golf ball problem or not. Furthermore, it is my understanding that councilman Clay or one of his associates has told the golf course neighbors that he does not believe raising the netting will solve the problem either. The problem of stray golf balls has knowingly existed to the city since September of last year and the owner of the driving range has had months to research a sound solution to this problem. California law requires the City of Atascadero mitigate the esthetic impact of the netting. However,they have chosen to ignore their responsibilities and not look for a better solution to the netting problem. The bottom line is that no environmental or engineering review has ever been performed on the driving range part of the Eagle Creek development. As councilmen you have sworn an oath to uphold the laws of the land and therefore it is your sworn duty to see that this project complies with all federal, state, and local laws including the California Environmental Quality Act. It is you sworn duty to shut down the driving range part of the Eagle Creek Project until state and local laws can be met. By allowing the driving range to operate and raise their netting you are breaking your oath of office and your own sworn word. Sincerely, Michael S. Murphy 9320 Santa Clara Road Atascadero, Ca 93422 Attachment: E Atascadero City Council Meeting Date: 1/12/99 JANUARY 12, 1999 ATASCADERO CITY COUNCIL ,Dear Sirs, I honestly don't know how you can make a decision tonight on the driving range netting without an engineering report. By allowing the engineering report to be done afterward you are basically making a decision with out any facts. No one knows for certain if raising the nets twenty feet will even solve the problem No one knows if any structural changes are needed to make the project structurally safe. You do not have a good track record at this point in time. Maybe if more time had been taken on the front end we would not be.facing this problem at this time. In the planning commission meeting held on November 3, 1998 there was a consensus of the commission that the poles and netting are ugly. Commissioner Clark stated that"the existing fifty feet of netting was unsightly, and twenty feet would mean that it remains unsightly. C.E.Q.A. guidelines state that if a project causes a"substantial demonstrative negative esthetic impact"it must be mitigated. Since the original project did not include a driving range no environmental review was ever done on the driving range.If proper analysis was done on the front end instead of fast tracking we would not be faced with this problem now. If we had engineering reports on hand stating that this was in fact going to solve the problem and that the finished project would be structurally sound I might very well support this item The Bowman do need relief from the deluge of golf balls. The correct thing to do would be to shut the driving range down until the problem could be corrected. If a restaurant has serious problems with rats or cockroaches or if there have been substantial cases of food poisoning the health department shuts them down until the problems are corrected. I know you won't do this, and you will continue to employ your policy of fast tracking projects while giving lip service to the problems afterwards. I know the contractors like this policy but I would like to point out that if proper reviews were performed on the front end along with public input,the project would have been done correctly the first time which would have been cheaper for everyone involved. • ere J dith K. Rogalla-Mur¢il'iy 320 Santa Clara.Road _Atascadero, Ca 93422