Loading...
HomeMy WebLinkAboutMinutes 091499 Approved 10/12/99 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, SEPTEMBER 14, 1999 CLOSED SESSION, 6:45 P.M.: 1. Conference with legal counsel [Govt. Code §54956.9] Existing litigation: Atascadero Unified School District v City of Atascadero 2. Personnel: City Manager(Govt. Code Sec. 54957.6) City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:04 p.m. and Mayor Pro Tem Arrambide 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 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, Assistant City Engineer John Neil, Principal Planner Warren Frace and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve the agenda. Motion passed 5:0 by a roll call vote. CC 09/14/99 Page 1 of 16 PRESENTATIONS: 1. Proclamation declaring the week of September 20-26, 1999, " Pollution Prevention Week" Mayor Johnson read the Proclamation and presented it to Mark Elliott of the Air Pollution Control District(APCD). Mr. Elliott thanked the Council and explained the current activities of the APCD. 2. Proclamation declaring September 1999, "U.S. Constitution Observance Month" Mayor Johnson read the Proclamation and presented it to Frank Franscioni of the Atascadero Free Masons. Mr. Franscioni thanked the Council and invited the community to attend a picnic at Templeton Park on September 25, 1999. COMMUNITY FORUM Raymond Jansen, 6655 Country Club Drive, spoke about his views of political reform. Bonita Borgeson, 4780 Del Rio Road, stated that she no longer believes the Council is acting in the best interest of the public. She explained her comments are a result of the lack of participation from Council Members Clay and Lerno due to their conflicts of interest. Mayor Johnson closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna stated the he had the pleasure of being interviewed by the Atascadero News. He corrected a quote he had made regarding the speed the electric car can go up the grade, as his original quote exceeded the speed limit. Council Member Clay stated that he is concerned with the policy of the Planning Commission to have the members of the public fill out speaker cards and not allow those who have not filled out a card to speak. He also stated that he has never had any business dealings with Kelly Gearhart. Mayor Johnson clarified that speaker cards are merely used at Council meetings to assist the City Clerk in obtaining correct spelling for the record and are not a prerequisite for speaking. Council Member Luna commented that the Planning Commission does not use the cards in the same way and suggested that they take a cue from the Council meetings. Council Member Clay also suggested that we have two microphones for controversial issues: one for those in favor and the other for those who are opposed. CC 09/14/99 Page 2 of 16 A. CONSENT CALENDAR 1. Joint City Council/Redevelopment Agency Minutes - July 06, 1999 ■ City Clerk recommendation: Council approve the City Council/Redevelopment Agency minutes of July 06, 1999 [Marcia McClure Torgerson] 2. City Council Minutes—August 10, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of July 13, 1999 [Marcia McClure Torgerson] 3. Amend Atascadero Municipal Code - Section 2-4.03 Temporary Manager ■ Fiscal Impact: None ■ Staff recommendation: Council introduce for second reading, waiving reading in full, Ordinance No. 363, amending the Atascadero Municipal Code Section 2-4.03. [Wade McKinney] 4. Zone Chane#98010 - 3055 Traffic Way (Mackey) ■ Fiscal Impact: Negative, exact number unknown ■ Planning Commission recommendation: Council adopt Ordinance No. 361, approving Zone Change 98010, on second reading by title only, approving and adopting the rezone and Planned Development Overlay #7 for the Mackey subdivision located at 3055 Traffic Way [Paul Saldana] 5. Final Parcel Map#97006/AT 97-176—4605 Traffic Way (Smallwood—Poulin/ Shounders) ■ Fiscal Impact: None Staff recommendation: Council: 1) Accept the Final Map #97006; 2) Reject without prejudice the 5-foot wide offer of dedication for street purposes along the property frontage of Traffic Way; 3) Accept a 6-foot wide Public Utility easement contiguous to the Traffic Way property frontage [Paul Saldana] 6. Portola Road Over1gy Project ■ Fiscal Impact: None, project covered by STIP funding, STP Urban funding and TDA Article 8 Streets funding ■ Staff recommendation: Council authorize the Mayor to execute an agreement with A.J. Diana Construction Company to construct Portola Road Overlay Project at a maximum cost of$285,100 and make the necessary appropriations [Brady Cherry] 7. State-Local Transportation Partnership Program(STLPP) Program Supplements—for road improvement projects ■ Fiscal Impact: Revenue of$63,731 ■ Staff recommendation: Council authorize the Mayor to sign Sate-Local Transportation Partnership Program Supplements 004, 005 and 006 [Brady Cherry] 8. No Parking Zone— Santa Lucia at Ardilla ■ Fiscal Impact: $300 from street division funds ■ Staff recommendation: Council adopt Resolution No. 1999-046, establishing a No Parking Zone on Santa Lucia Avenue between Ardilla Road and Venado Avenue [Brady Cherry] CC 09/14/99 Page 3 of 16 9. No Parking Zone—Atascadero Avenue at Navajoa Avenue ■ Fiscal Impact: $50 from street division funds ■ Staff recommendation: Council adopt Resolution No. 1999-051, establishing a No Parking Zone on Atascadero Avenue at Navajoa Avenue [Brady Cherry] 10. Establishment of Speed Limit—on portion of Los Gatos Avenue ■ Fiscal Impact: $200 of currently budgeted funds ■ Staff recommendation: Council adopt Resolution No. 1999-052, which formally establishes a speed limit on the portion of Los Gatos Avenue [Brady Cherry] Council Member Luna pulled Items#A-2, 4 and 10. Council Member Clay stepped down on Items #A-4 due to a potential conflict of interest. Council Members Clay and Lerno stepped down on Item#A-1 as they did not attend the July 6, 1999 meeting. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Items #A-1,3, 5, 6, 7, 8, and 9. Motion passed 5:0 by a roll-call vote. (Clay and Lerno abstained on Item #A-1) Item #A-2: Council Member Luna asked that on page 35 and on Attachment D "respectively" be changed to "respectfully." MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item #A-2 as amended above. Motion passed 5:0 by a roll-call vote. Item #A-4: Council Member Luna stated that he would be voting "no" on this item. He also asked from which direction the sewer line would come to this project. City Manager Wade McKinney responded it would go down El Camino Real. Council Member Luna also asked if the sewer line were to go down Traffic Way, if it would be a conflict of interest. City Attorney Roy Hanley stated that if the property was within 300 feet of the Mackey property, the law would presume that there would be a conflict of interest. Mr. Hanley continued to state that the Council Member would have to decide if the project would have a beneficial financial effect based on what facts they know, if the project was more than 300 feet away. Council Member Luna also asked the status of the access to water for this project. Mr. McKinney reported that there is no conclusive decision. He stated that he spoke with the Water Company today and the developer has made contact with the Water Company. Mr. McKinney stated that there is a condition of approval with the subdivision that requires water service. Mayor Johnson asked if that would mean adequate water service as defined by our regulations. Mr. McKinney replied that the statement was true. He also confirmed that without water service there would be no approval of the project. PUBLIC COMMENT Becky Pacas, 4305 San Benito Road, thanked her neighbors for their time and effort in gathering information for this issue. She read a prepared statement in which she explained that she feels Council Member Lerno should not have voted on the General Plan Amendment for this project in 1998. She explained that since Council Member Lerno derives income from Kelly Gearhart, who either owns or has property in escrow adjacent to this project, Council Member Lerno would have a conflict of interest. She also commented that many people are not convinced that Kelly Gearhart will not participate in the Mackey project. She commented that without Council CC 09/14/99 Page 4 of 16 Member Lerno's participation in the "Mackey"project, it would not have passed (see Attachment A). Rush Kolemaine, P.O. Box 1990, expressed his concerns over the passage of this item including; issues of potential conflict of interest of Council Member Lerno, lack of a"will serve" notice from the Atascadero Mutual Water Company for this project; the change in designation of Traffic Way from Industrial Arterial, rezoning of the acreage on the project without adequate public review, the piece meal planning approach by the developers and the City does not benefit the general public and shows favoritism to developers of the project. He stated that by changing the designation of Traffic Way from Industrial Arterial we have cut off the small acreage available for industrial development. Andy Smith, 5005 San Benito, stated that he is opposed to this project. He said that he feels this is the first step to high-density housing in this neighborhood. He expressed concern that these houses will degrade over time and that he is concerned about the safety issue with shared driveways. Marisa Todd, 4500 Del Rio Road, stated she is opposed to this project. She expressed concern that an individual would be allowed to subdivide in to one-acre lots when it was not compatible with the general plan. She also said she is concerned about the possibility of a conflict of interest. Tom Hembry, 1725 Ferrocaril Road, stated he is opposed to this project. He supported the views of the previous speakers. Greg Walker, 4375 Del Rio Road, said that he is opposed to this project as it amends the General Plan to create a high-density neighborhood in a rural neighborhood. He stated the Council has not acted in the best interest of the community. Kathleen Vaughn, 4355 Del Rio Road, stated she supports the previous speakers and opposes this project. Marge Mackey, 5504-A Tunitas, stated she is opposed to this project. She suggested that fewer houses be built if any at all. Carol Pellett, 4405 San Benito Road, stated she is opposed to this project. She also stated that she agrees with the previous speakers. Sue Wassum, 245 Santa Ysabel, Paso Robles, stated she is opposed to this project. Gary Pellett, 4255 San Benito Road, stated he is opposed to this project. He expressed concern that the road conditions will not be aided by additional traffic. He suggested that staff document the trees that are currently on the lot but not on the plans. Mary Pellett, 4320 Del Rio Road, stated he is opposed to this project. He stated that Mayor Johnson is quoted in The Tribune saying that he "will preserve the rural atmosphere of Atascadero." He stated that at the August 10t`meeting, Mayor Johnson asked for conformation that the sewer line from the Home Depot would go down El Camino Real. Mr. Pallet said that surveyors have been surveying for a sewer line down Del Rio Road to Traffic Way. He also stated that Council Member Lerno does have a conflict of interest with respect to the Mackey project. CC 09/14/99 Page 5 of 16 Eric Greening, 6600 Lewis Ave., stated that the Council needs to consider the safety of future residents with plans being made for increased volume and speed of passenger rail traffic. Becky Pacas, 4305 San Benito Road, quoted a section of the staff report for Item#C-1 concerning General Plan update. She stated that subdivision approval requires a General Plan with which it would be consistent. Karen Harper, 4560 Yerba, stated she supports the previous speakers and opposes this project. Sheri Pellett, 4255 San Benito Road, stated she is opposed to this project. She expressed concern that her and her neighbors' American Dreams would be compromised with the approval of this proj ect. Joan O'Keefe, 9985 Old Morro Road East, said that in March and April 1999, the Engineering Department stated that the application for this project did not list an owner of the property. She suggested that sufficient evidence be provided, prior to accepting an application, to show that a water supply for each lot is adequate. She stated that in a memorandum from Mr. McKinney he stated that small lots with wells are a health hazard and unrealistic, and he also said fire protection had been identified. Ms. O'Keefe said that by speaking with the staff, fire hydrants are available but the Fire Department did not review it. She continued by stating that Mr. McKinney reported that it would be a financial drain on the City. She explained that the greatest problem with the project is the water issue. David Smith, 8800 Pino Solo, stated he is opposed to this project. He said that he does not live in the area but this project is inappropriate for the rural area. Bonita Borgeson, 4780 Del Rio Road, stated the Council should send this project back to the Planning Commission. She also said that she is surprised that the Fire Department did not review this project or make recommendations. She stated that it makes her leery since the Fire Department, specifically the Fire Chief, has become political by placing ads in the newspaper supporting Council candidates. Mayor Johnson stated the Firefighters Association supported candidates during the election, not the Fire Chief. The Fire Chief is not a member of the Firefighters Association. Tracy Silva, Morro Road, stated that she owns property on Traffic Way and would like the Council to stay with the General Plan. John Falkenstein, Cannon and Associates, stated he also works for Greenberg and Ferrel Architects of Santa Ana and they are working together on the Home Depot project. He also stated that Wilson Land Survey is working on a subcontract basis to design a sewer system for Home Depot. He explained the Home Depot will have a pressurized system which others will not be allowed to hook up to. Council Member Luna asked about surveyors' flags along Traffic Way. Mr. Falkenstein stated the Wilson Land Survey is also working for Mr. Mackey. John McGoff, 9192 Maple St., stated there is too much controversy surrounding this project. He also stated that tonight there is an appearance of a conflict of interest and it should be avoided. Greg Walker, 4735 Del Rio Road, asked the Council to consider their actions if this project was occurring in their respective neighborhoods. CC 09/14/99 Page 6 of 16 Gary Pellett, 4255 San Benitio Road, asked for clarification of the sewer issue for this project. Mr. Falkenstein confirmed that the project currently being worked on at Del Rio Road is for the Home Depot project. Andy Smith, 5005 San Benito Road, stated that he was still a little confused on the sewer issue and is opposed to the project. Sheri Pellett, 4255 San Benito Road, asked if Kelly Gearhart could hook up to the Mackey sewer line. Mayor Johnson asked staff to respond. Becky Pacas, 4305 San Benito, also asked for clarification on whether the sewer service to this project could benefit Kelly Gearhart's property across the street. Mr. McKinney responded that the Mackey project is not related to the Home Depot project. He also stated that currently no plans have been submitted for the placement of a sewer line at the Mackey project area. Eric Greening, 6600 Lewis Ave., stated he felt the previous speakers were asking if in the future the Mackey project would be able to hook up to the Home Depot sewer system. He recommended that the Council take the General Plan seriously. Rush Kolemaine, P.O. Box 1990, said that he is surprised this project, with all the unanswered questions, made it this far. He recommended the Council send this project back to the Planning Commission for review. Dorothy McNeil, 8765 Sierra Vista, recommended the Council vote no on this item. Mayor Johnson closed the Public Comment period. Council Member Luna asked if the comment about the Fire Department having not reviewed the project was true. Mr. Hanley replied that they had reviewed this project. Council Member Luna asked if all the trees on the site have been marked, accounted for, and monitored. Mr. Saldana responded that he was unsure whether the trees are physically marked but they did show up on the maps. Council Member Luna asked if all the trees are there or only those that exceed a specified height. Mr. Saldana replied that everything over four inches in diameter is to be shown on the map and are subject to the native tree ordinance. Council Member Luna asked what the implications would be for the City if there were a conflict. Mr. Hanley replied that a court can void an action taken if the vote of a conflicted public official was necessary for the passage of an action item,then the item could be set aside. Council Member Lerno stated that as an elected official he has an obligation to vote on matters that come before the Council. He explained that when this project came out, he researched it and hired attorneys to look into any possible conflicts he may have. He stated that he will continue to favor the project. MOTION: By Council Member Lerno and seconded by Mayor Pro Tem Arrambide to adopt Ordinance No. 361 approving Zone Change 98010, on second reading by title only, approving and adopting the rezone and Planned Development Overlay 97 for the Mackey subdivision located at 3055 Traffic Way. Motion passed 3:1 by a roll-call vote. (Clay abstained, Luna opposed) CC 09/14/99 Page 7 of 16 Item #A-10: Council Member Luna asked about the problem with the existing median at Los Gatos and Las Flores. Community Services Director Brady Cherry stated that he and Chief Hegwood met with some of the residents and agreed that the median was larger than necessary and would need to be reduced in size. PUBLIC COMMENT Roland Brown, 6800 Los Gatos Road, asked if any additional marks have been made. He stated that he believes that the current marks will not be adequate. Mr. Cherry responded that it has not been marked with the final marks. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-052,which formally establishes a speed limit on the portion of Los Gatos Avenue. Motion passed 5:0 by a roll-call vote. Mayor Johnson called a recess at 8:45 p.m. Mayor Johnson called the meeting to order at 8:55 p.m. B. PUBLIC HEARINGS: 1. Adoption of Building Regulations ■ Fiscal Impact: a minor increase in review and construction permit fees ■ Staff recommendation: Council: 1) Introduce on first reading, waiving reading in full, Ordinance 4360, adopting the 1997-98 Model Building Codes; 2) Adopt Resolution No. 1999-053, adopting the plan review and building fees consistent with the 1997 code [Paul Saldana] Community and Economic Development Director Paul Saldafia gave the staff report and answered questions of Council PUBLIC COMMENT: None MOTION: By Council Member Luna and seconded by Council Member Clay to introduce on first reading,waiving reading in full, Ordinance #360, adopting the 1997-98 Model Building Codes. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Luna and seconded by Council Member Clay to adopt Resolution No. 1999-053, adopting the plan review and building fees consistent with the 1997 code. Motion passed 5:0 by a roll-call vote. Mayor Johnson called a recess at 9:06 p.m. Mayor Johnson called the meeting to order at 9:44 p.m. CC 09/14/99 Page 8 of 16 2. General Plan Amendment#99001, Zoning Map Change #99001 and Tentative Parcel Map#99003 — 8930 Junipero Ave. (Bunyea) ■ Fiscal Impact: None ■ Planning Commission recommendation: Council adopt Resolution No. 1999-054, denying the request for GPA #99001, ZC#99001 and TPM#99003 [Paul Saldana] Mayor Johnson asked for Mr. Bunyea to state his request. John Bunyea, applicant, asked for a continuance until the next meeting as he was not notified in advance that his project was on the agenda. Mayor Johnson asked the neighbors of this project who were prepared to speak on this item if they would be in agreement with a continuance. They agreed. There was Council consensus to continue this item to the next regular Council meeting. C. MANAGEMENT REPORTS: 2. Salinas Dam Expansion—Research potential effect on Atascadero ■ Fiscal Impact: Appropriate share of$500,000 to be determined ■ Staff recommendation: City Council cooperate with the Atascadero Mutual Water Company (AMWC), Templeton Community Services District (TCSD), the City of Paso Robles and authorize the following: 1) Participation in a review of the structural and downstream impacts of the Salinas Dam Expansion; 2) Protest the extension of San Luis Obispo's water rights at the Water Resources meeting of October 12, 1999; 3) Cooperate in studies of the hydrological conditions in the Atascadero/Paso Robles area; 4) Cooperate with AMWC, TCSD and Paso Robles authorizing the Mayor to execute a joint litigation agreement; 5) Authorize $50,000 from unallocated reserves to implement the strategy to oppose the Salinas Dam Expansion. [Wade McKinney] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT George Highland, 30594155 South Higuera Street, San Luis Obispo, stated he has been a part of the North County Water Resources Forum for the last four years. He urged the City to participate in this, particularly in the proposed transfer of the dam from the Corp of Engineers to the Flood Control District (not yet formed) and give operation of the Salinas Dam to the City of San Luis Obispo. Eric Greening, 6600 Lewis Ave., stated that he supports the recommendations before the Council. He made suggestions of steps the Council could take. He urged the City to express concern that the dam is not safe enough at a hearing on Thursday, September 23r". Mayor Johnson closed the Public Comment period. CC 09/14/99 Page 9 of 16 MOTION: By Council Member Luna and seconded by Council Member Clay to cooperate with the Atascadero Mutual Water Company (AMWC), Templeton Community Services District (TCSD), the City of Paso Robles and authorize the following: 1) Participation in a review of the structural and downstream impacts of the Salinas Dam Expansion; 2) Protest the extension of San Luis Obispo's water rights at the Water Resources meeting of October 12, 1999; 3) Cooperate in studies of the hydrological conditions in the Atascadero/Paso Robles area; 4) Cooperate with AMWC, TCSD and Paso Robles authorizing the Mayor to execute a joint litigation agreement; 5) Authorize $50,000 from unallocated reserves to implement the strategy to oppose the Salinas Dam Expansion. Motion passed 5:0 by a roll-call vote. Mayor Johnson announced that he has been asked to revisit Item#A-4. Council Member Clay stepped down due to a potential conflict of interest on this item. Council Member Lerno announced that he would like to rescind his vote on this item made earlier in this meeting due to new information that was brought to his attention. City Attorney Roy Hanley stated that any member from the winning side of an action may make a motion to revisit the issue. MOTION: By Council Member Lerno and seconded by Mayor Pro Tem Arrambide to reopen the adoption of Ordinance No. 361 approving Zone Change 98010, on second reading by title only, approving and adopting the rezone and Planned Development Overlay#7 for the Mackey subdivision located at 3055 Traffic Way. Motion passed 4:0 by a voice vote. (Clay abstained) Council Member Lerno announced that he will be stepping down on Item#A-4 due to new information that was a brought to his attention which may indicate a potential conflict of interest. There was no motion made on this item. Therefore, there was no second reading of Ordinance No. 361 and it was not adopted. 1. Options for Update of the General Plan ■ Fiscal Impact: $25,000- $350,000 depending on preferred option ■ Staff recommendation: Council: 1) Direct staff to implement comprehensive update of the General Plan; 2) Adopt Resolution No. 1999-055, enacting a moratorium on the application of new General Plan amendments for the amendment cycle beginning October 1, 1999; 3) Approve appropriation of$200,000 from reserve funds for General Plan update [Paul Saldana] Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. CC 09/14/99 Page 10 of 16 Mayor Johnson thanked Mr. Saldana for his report and asked for clarification on some issues. Mayor Pro Tem Arrambide stated that he believes that our General Plan does have some flaws. He expressed concern for the fact that increases in density in areas affect the ultimate build-out. He stated that he would like to see, established as a goal, the ultimate build-out. Also, he expressed concern for the protection and enhancement of our urban forest. Council Member Lerno asked if the moratorium would be for a full year. Mr. Saldana responded that it would be a year plus, or four cycles. Council Member Clay asked if 92% of the property is built out. Mr. Saldana replied that actually it was 92% of the undeveloped inventory of property that is single-family residential. Mr. Saldana stated that 13.5%remains to be developed. Council Member Clay stated that he did not believe the housing element and land use element would be able to come together. He commented that strip development is used in many other cities and he would expect to see some development along El Camino Real. Council Member Luna thanked Mr. Saldana for his presentation. He stated that there is a problem; it is usually two, sometimes three votes that determine what the outcome is. He asked who was responsible for bringing this item forward. Council Member Luna assured the public that he is not in favor of a rewrite of the mandatory elements of the General Plan. Using an overhead, he reviewed the City's Community Survey Results from June of 1999, pointing out that the General Plan is not a high demand. As a rhetorical question he asked who would want to amend the General Plan. He stated there are seven mandatory elements of the General Plan and we have more than seven. He asked again why we would spend so much money updating the General Plan that is not a problem. He commented that the staff stated that there is conflict between the circulation element and the conservation and open space element because of the Ardilla Road extension. Council Member Luna asserted that there is no more of a conflict than there was with the 400 trees and the 12 houses scheduled to be removed for Highway 41. He expressed that many of the conflicts can be fixed in-house. He stated that there are limits to growth. He also stated that redefining the urban services line is not the answer. Council Member Luna stated we need a Council that has the strength to say no. He announced that he would like to see the Zoning Ordinance, which has not been updated since 1989, come before the Council to be made consistent with the present General Plan. Mayor Pro Tem Arrambide stated that he supported updating the General Plan. He also stated that he believes going beyond a minimum is a"journey toward excellence." He said the idea of disposing of an economic plan is preposterous, and this community needs progress. MOTION: By Council Member Luna and seconded by Council Member Clay to continue past 11:00 p.m. Motion passed unanimously by a voice vote. Mayor Johnson stated that he did not agree with Council Member Luna that Atascadero should only have the General Plan elements required by the State. He also stated that the Council does not want to downsize all lots, as some of the public have suggested. He stated that there are inconsistencies in the General Plan. Council Member Luna stated that the Tree Ordinance argument is a bogus one because the Zoning Ordinance implements the General Plan. He also stated that it was the policies of the CC 09/14/99 Page 11 of 16 General Plan that saved the Tree Ordinance. He suggested that we do not even need to make our Downtown Plan part of the General Plan. Mayor Johnson stated that if the Tree Ordinance is not a worthy argument, then the argument about the State minimum is not worthy either. Council Member Clay expressed concern for the time frame of these plans with elections approaching. PUBLIC COMMENT George Highland, 30594155 South Higuera Street, San Luis Obispo, explained to the Council how the General Plan came to be, referring to the handout he provided the Council (see Attachment B). A committee was appointed in 1972 to write the original General Plan after the County had proposed a Plan that was not well received. He explained the basic goals of the first General Plan. Kim Jeanes, 6280 San Anselmo Road, stated that she supports the update of the General Plan. John Heatherington, 7790 Yesal Ave., stated that he is opposed to updating the General Plan. Gary Pellett, 4225 San Benito Road, stated this City does not have a shortage of homes; it has a shortage of good paying jobs. Jennifer Hageman, 8005 Santa Lucia Road,thanked Council Member Luna for his comments. She stated that she is opposed to updating the General Plan when our Zoning Ordinances, which are required by law to be updated every two years, have not been updated in ten years. Joan O'Keefe, 9985 Old Morro Road East, stated that she has noticed that staff has/could put together a consistent plan but when it is brought before the Council, they change it, put in inconsistencies and give direction to staff to bring it back with the changes. She asked what happened to the goal that was made to bring in revenue by bringing in commercial development and industry, not high-density rezones. She stated that many of the inconsistencies in the General Plan that have been mentioned tonight are due to the fact that there have been so many changes in the zoning. She referred to the Ardilla Road project saying that putting in a road will require the removal of several trees; however,the issue is safety. She stated that the road was supposed to be put in before the houses were developed. Ms. O'Keefe stated that Council Member Luna was correct with regard to the housing element. She asked about the lines drawn on the west side and their purpose. She expressed concern for the amount of money an update of the General Plan would require. William Zimmerman, 6225 Lomitas Road, stated he is opposed to updating the General Plan(see Attachment Q. Fred Frank, 3615 Ardilla, stated he is opposed to updating the General Plan. He agrees that there are inconsistencies with the General Plan, but he feels that is the result of Council actions. Monica Pacas, 4305 San Benito Road, stated she is opposed to updating the General Plan. CC 09/14/99 Page 12 of 16 Becky Pacas, 43005 San Benito Road, stated she is opposed to updating the General Plan. She expressed her dissatisfaction with the City Council and their decision-making policies. Mary Hickey, 7950 Santa Rosa Road, expressed her opposition to updating the General Plan. She expressed amazement for the lack of understanding that the Council and staff have of the goals of the General Plan. Mary Pellett, 4320 Del Rio Road, suggested the Council make few changes to the General Plan. Bonita Borgeson, 4780 Del Rio Road, stated that she agrees with Council Member Luna and his concerns with updating the General Plan. She suggested that staff could find the inconsistencies and correct them. She is opposed to updating the General Plan. John McNeil, 8765 Sierra Vista, stated a$350,000 update of the General Plan is a waste of taxpayers' money (see Attachment D). Marge Mackey, 5504—A Tunitas Ave., stated she supports the existing General Plan. George Highland, 30594155 South Higuera Street, San Luis Obispo, gave the Council his recommendations on this item. He explained that there are inconsistencies but an entire update of the General Plan is unnecessary (see Attachment B). Gary Pellett, 4255 San Benito Road, stated he is opposed to updating the General Plan. Dorothy McNeil, 8765 Sierra Vista, expressed her opposition to updating the General Plan by reading a prepared statement(see Attachment E) John Bunyea, Atascadero, stated that he supports the update of the General Plan. He explained that in his neighborhood of 120 lots, 117 of them are not consistent with the General Plan. Sheri Pellett, 4255 San Benito Road, stated she is opposed to the update of the General Plan. Mayor Johnson closed the Public Comment period. Mayor Johnson called a recess at 12:18 a.m. Mayor Johnson called to meeting to order at 12:21 a.m. Council Member Clay stated that there are few rentals in our city. He asked Council Member Luna if he supported the housing element of the General Plan. Council Member Luna responded that he did. Mayor Johnson stated that he is interested in a comprehensive update of the General Plan. He also stated that he would be in favor of moving ahead on staff recommendations number one and two and would like to see number three brought back later by staff. Council Member Clay stated that he is not interested in spending $350,000 on this project. He also stated that he would like to see staff handle the areas of inconsistency. He expressed concern for the time span of the project. CC 09/14/99 Page 13 of 16 MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Lerno to direct staff to implement comprehensive update of the General Plan. Motion passed 3:2 by a roll-call vote (Clay and Luna opposed) MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to adopt Resolution No. 1999-055, enacting a moratorium on the application of new General Plan amendments for the amendment cycle beginning October 1, 1999. Motion passed 4:1 by a roll-call vote (Clay opposed) MOTION: By Mayor Pro Tem Arrambide and seconded Council Member Lerno to approve appropriation of$200,000 from reserve funds for General Plan update. (Mayor Pro Tem Arrambide withdrew his motion and Council Member Lerno withdrew his second) There was a Council consensus for staff to provide a budget for the $200,000 expenditure at the City Council meeting on October 12, 1999. 3. Reorganization of City Manager's Office, Community Services Department and Public Works Department ■ Fiscal Impact: Savings of$737.00 annually ■ Staff Recommendation: Council concur with the City Manager's recommendation to create a Public Works Director / City Engineer position and an analyst position [Wade McKinney] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT: John McGoff, 9192 Maple St., asked for specifics concerning the positions being proposed to be reorganized. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Lerno to concur with the City Manager's recommendation to create a Public Works Director/City Engineer position and an analyst position. Motion passed 5:0 by a roll-call vote. 4. Transit Services—Contract Extension, Transit Advertising, El Camino Shuttle-Status ■ Fiscal Impact: Contract Extension - Two-year savings of$50,911, Advertising — Potential to generate revenue of$875.00 per month, Fixed Route Service -None ■ Staff recommendation: Council: 1) Approve the attached contract extension with Laidlaw Transit Services,- 2) ervices;2) Approve the attached Advertising Specifications and Policies; 3) Receive the report on the status of the Fixed Route Transit System [Brady Cherry] CC 09/14/99 Page 14 of 16 Community Services Director Brady Cherry gave the staff report and answered questions of Council. Irwin Rosenberg, Regional Vice President of Laidlaw asked the Council to support the staff recommendation. PUBLIC COMMENT Carol McCulley, 9850 San Marcos Road, owner of the Sign Outlet, asked the Council not to approve advertising signs on the bus benches in Atascadero. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Clay and seconded by Council Member Luna to approve the attached contract extension with Laidlaw Transit Services. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Clay and seconded by Council Member Lerno to approve the attached Advertising Specifications and Policies. Motion failed 2:3 by a roll-call vote. (Luna,Arrambide, and Lerno opposed) There was a Council consensus to receive the report on the status of the Fixed Route Transit System. 5. Information Bulletin D. COMMITTEE REPORTS: S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson reported they adopted the Highway 101 Corridor study. Water Committees Council Member Clay stated that the information had been previously discussed under Item 4C-2. Integrated Waste Management Authority Council Member Luna announced that the 1998 diversion rate for Atascadero is 44% and the county is 20%. The IWMA is going to re-establish the base year to 1998 and study the diversion on a regional basis to attain 50%. North County Council Mayor Johnson reported that the executive committee met about the water issue discussed earlier. Air Pollution Control District Mayor Pro Tem Arrambide stated that there is a massive radio campaign on backyard burning. He expressed concern for finding an alternative method to backyard burning. CC 09/14/99 Page 15 of 16 County Mayor's Round Table Mayor Johnson announced that they will meet on Friday. Economic Vitality Corporation, Board of Directors Mayor Johnson announced that they would meet next week. Economic Opportunity Commission Mayor Pro Tem Arrambide reported that they need some space in the north county for youth health services. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Johnson reported that San Luis Obispo asked us if we would join them in a joint letter from all the cities in the county expressing concern for the kind of county developing in the urban reserve line. He stated that, unless there is an objection, he will sign off on the letter on the general issue. City Treasurer City Treasurer David Graham announced that we have received the money from FDIC today for payment in full. F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 1:16 a.m. to the next Regular Session scheduled for September, 28, 1999, at 7:00 p.m. MEETING RECORDED BY: Marcia McClure Tbrgerson, City glerk MINUTES PREPARED BY: Melanie Whaley, Deputy City Clerk ATTACHMENTS: A- Prepared statement by Becky Pacas, September 14, 1999, and copies of a deed granted to Kelly Gearhart along with a map of the area. B- Outline of the General Plan Update, 1999, and some personal recommendations. C- Prepared statement by John McNeil, September 14, 1999. D- Prepared statement by Dorothy McNeil, September 14, 1999. E- Prepared statement by William Zimmerman, September 14, 1999. CC 09/14/99 Page 16 of 16 Attachment: A Atascadero City Council Meeting Date: 9/14/99 September 14, 1999 Honorable Mayor and Honorable Councilman: First I need too extent a heartfelt thank you to all of my neighbors, who have dedicated their time energy and money to accumulate the information that we have. We are truly a neighborhood in every respect, and we are concerned for our well being and our future. We are what makes Atascadero a wonderful place to live and we reflect the integrity of Atascadero. Per the Conflicts of Interests, 1998, California Attorney General's Office: Ken Lerno should have abstained from participating in the General Plan Amendment #98003, Zone Change #98010, and 30-lot Tentative Tract Map #99001 (Dan Mackey), because he has a potential financial interest in the passing of the project. It is our understanding that Ken Lerno's, source of income, Kelly Gearhart, owns or has in escrow 6.57 acres of the land that is adjacent to the "Dan Mackey" project. There are a total of only 10.26 acres adjoining the "Dan Mackey" project that are not owned by the Atascadero School District. This would mean that, Kelly Gearhart owns or has in escrow, over 64% of the privately owned land that borders the half mile long "Dan Mackey" project. Considering the subject of the closed session prior to this meeting, I doubt that San Benito Elementary, which is on its own leach field should like to hook up to the City's Sewer in the near future. The "Dan Mackey" project had three requisite effects that have the potential to increase the value of the Kelly Gearhart Traffic Way property value. 1. It required an amendment to the General Plan, and Negative Declaration. 2. It involved a Zone change from Suburban Single Family to Residential Multi Family. 3. and It extended the Urban Services Line to include the project and foreseeably to include Kelly Gearhart's Traffic Way property. We have no reason to believe that Kelly Gearhart will not request every benefit that the adjoining "Dan Mackey" land has. At the very least (with the availability of sewer) he would probably ask for one half acre lots, however he has the potential to ask for lots from 9000 to 5000 square feet like the "Dan Mackey" project. Using the value of $40,000. per building lot, this could potentially increase the value of Kelly Gearhart's Traffic Way property by over one and a quarter million dollars. Furthermore, many of your public are not convinced that Kelly Gearhart will not actually be the developer of the "Dan Mackey" project. Kelly Gearhart and his projects were mentioned many times at the August 10th meeting, by people opposing the project, supporting the project, and even by "Dan Mackey's" representative from Cannon Associates, John Falkenstein, who is also a representative of Kelly Gearhart. One aspect of the August 10th meeting that raised suspicions even more was the nexus of the people who spoke in favor of the project: Michael Shearer (and family), Kelly Gearhart's Realtor; Jay Miller (and Family) Hurst Financial, Ken Lerno"s employer and Kelly Gearhart's Financial Backer; Mary Chastain (and family), was with Bank of Santa Maria, Ken Lerno owned stock; the Athletic director and a coach from the high school, (where Kelly Gearhart so generously donated a track) one of them, Mike Molina, even made a campaign contribution to Ken Lerno; and the one and only neighbor, who spoke in favor of the project, has arranged to sell their property near the project to Kelly Gearhart. Now we all understand that these people have a right to speak. The common thread did, however; elevate suspicions, and indicate a potential interest on Ken Lerno's behalf. The actions on the "Dan Mackey" project, could not have taken place without the involvement of Ken Lerno. Section 2-1.09 of our Municipal Code adopted in 1980 requires three affirmative votes to pass an ordinance. Per the Conflicts of Interest, Penalties and Enforcement sections: The Political Reform Act of 1974 provides administrative, civil and criminal penalties for its violation. In the event of violation of the Reform Act, a Court is empowered to void the decision. Civil prosecutors may also seek civil damages for violations of the act. In addition, any person who purposely or negligently causes any person to commit a violation, or aids and abets in the commission of a violation, is liable to civil, criminal and administrative sanctions. ( 83116.5, 91006.). The plaintiff or plaintiffs who prevail in the action brought pursuant to this section may be awarded attorneys fees. A prevailing defendant, however, may be awarded attorney's fees only if the plaintiffs suit is frivolous, unreasonable, or without foundation. ei 1- g STED ' RECORDINGTITLE COMPANY Y: Doc No: 1999_055952 Rpt NO: 00069484 .. CUESTA TITLE COMPANY i I + AND WHEN RECORDED MAIL TO: Official Records ;RF —1 10.00 KellyV..Gearhart San Luis Obispo Co. ;AT 247.50 6205 Alcaritaro J u 1 i e L. Rodewa 1 d ; Atascadeio,CA 93422 Recorder Aug 02, 1999 ' i � Time: 08:00 ; 21 ;TOTAL 257 .50 i THiS SPACE FOR RECOROER'S USE ONLY: b ESCROW NO.AT-74327.BJC TITLE ORDER H0. 74327 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(s) DOCUMENTARY TRANSFER TAX is $247.50 t (XI computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale. O Unincorporated area (X) City of Atascadero, AND 1 FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, ..� JON-DARBY PATTERSON and ROBIN PATTERSON, Husband and Wife It FI 0 FEE PAIC EXEMPT CUT OF hereby GRANT(a) to: � STATE I KELLY V. GEARHART, a Married Man, as his sole and separate property that certain real property in the City of Atascadero, County of San Luis Obispo, State of California, described as follows: e LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF. 1-- A.P. #049,071,013 ' DATED July 20, 1999 w STATE OF CALI RNiA �d 41 COUF On !' Jon- by Via rson before me, a otary Public In snd for said St per if appeared Robin Pat SOn proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) isle subscribed to the within instrument and acknowledged to me that he/she a executed the same in his/her/ elr authorized capacity-les),and that by his/her ai Ignature(s) on the Instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the Instrument. WITNESS my hand and official seal. B-J. CAS T I L LO - Coinm. #1216429 d Notary Public • California N �+1 SAN UI I S 0111 Sl`0 CW013 .'am. Expires ADe 1Si gnature (This area for official notarial seal) Mail tax statements to:Kelly V.Gearhart.6205 Alcantara.Atascadero CA 43422 r l ! Dal EXHIBIT "A" PARCEL 1: ! LOT 2 IN BLOCK 21 OF ATASCADERO COLONY, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED OCTOBER 21, 1914 IN BOOK 3, PAGE 24 OF -,,_ , MAPS. 4 EXCEPT THEREFROM THOSE PORTIONS THEREOF LYING WITHIN THE LINES OF SANTA CRUZ ROAD (NOW KNOWN AS TRAFFIC WAY) AS SHOWN ON THE MAP r L_r_•"`'`� ABOVE REFERRED TO. 'vw' ! PARCEL 21 tom' AN EASEMENT FOR WATERLINES OVER THE SOUTHWESTERLY 7 FEET OF THE .,, vw NORTHEASTERLY 27 FEET (MEASL'.,.;D FROM'THE CENTER LINE OF SANTA CRUZ ROAD, NOW KNOWN AS TRAFFIC WAY) , OF LOT 1-D IN BLOCK 21 OF ATASCADERO. COLONY, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED OCTOBER '�. 21, 1914 IN BOOK 3, PAGE 24 OF MAPS. i EXCEPTING THEREFROM TKkT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF SANTA CRUZ ROAD, (NOW KNOWN AS TRAFFIC WAY) , AS SHOWN ON m SAID MAP. sk J 1" low END OF LEGAL DESCRIPTION t i 1 ORIGINAL '..' Cuesta Title AT-72907-LSN RECORDING REQUESTED BY AND- WHEN RECORDED MAIL TO: f Kelly GearhartRpt 1�o; 000097191 6205 Alcantara DOC NO: 1999-007612 ' Atascadero, Ca. 93422 'RF - � 10 00 , Official Records j34.75 , San Luis Obispo Id -SN 10.00 Julie L. Rodewald SMF l MAIL TAX STATEMENTS TO: F. Recorder ; eb 02 , 1999 .. , Time: 08:00 , ' Kelly Gearhart 17 G ( 1 G0 6205 Alcantara ` J .TOTAL Ll 41 i ntaacadero, Ca. 93422 ri SMF $10.00 (Space above line for ' Documentary Tranafer Tax -5134.75 Recorder's use only) J �� A.P.N. Portion of 049-063-02 t 67a-76 _ � faRANT DEED I FOR VALUE RECEIVED, UNION PACIFIC RAILROAD COMPANY. a Delaware j corporation ("Grantor"), formerly known as Southern Pacific Transportation Company, a i .. Delaware corporation, grants to KELLY GEARHART. an individual ("Grantee"), all of its right, title, and interest in.and to that certain real property (the "Property) situated in Atascadero;County of.San Luis Obispo. State of California, and es more particularly - described In Exhibit A, hereto attached and hereby made a part hereof. By acceptance of this Deed. Grantee, her heirs and assigns, at Grantee's sole expense, shall Install and,foreVer maintain, repair and,if necessary, replace a six(6)foot fence aloeasteriyrbounda.y of the Property. EXCEPTINGAND RESERVING UNTO GRANTOR, its successorsiano assigns: forever,all minerals and all mineral rights of every kind;andcharacter now known to exist or hereafter discoered_underlying the Property,including;without limiting the generality of the foregotng,:�-od and gi and rights.thereto;:together with=the sole, exclusive and perpetual eight to explore for, remove and dispose of said minerals by any means or y methods 'suitable to Grantor. its successors and assigns, but without entering upon or usiMj the.surface.of the Property.aro in such.manner as not to damage the surface of the _. Property.'or td',T"lerfeie'witfi the use thereof by Grantee,Its svccessora or assigns. �----� i Ulr{(�h►}�(e lei r, ••tY i( j t!0 _( I UNION PACIFIC RAILROAD COMPANY iAtascadero,San Luis Obispo,California EXHIBIT"A" That portion of Rancho La Asuncion and Atascadero in the County of San Luis Obispo. State of California,described as follows: Beginning at the intersection of the centerline of Santa Cruz Road (now named Traffic Way)and Potrero Road as shown on the map of Block 21 of Atascadero Colony as recorded October 21, 1914 in Book 3 of Maps of Atascadero,Sheet No.24 in the �_� ► Recorder's Office of said County and State;thence along the centerline of Santa Cruz Road South 54°26' 00"East a distance of 2335.03 feet(2334.36 feet Record) to the Ll centerline of Chico Road(shown on said map as Santa Cruz Road);thence along the centerline of Chico Road North 35° 13' 00"East a distance of 105.00 feet more or less to I a point 25.00 southwesterly measured at right angles from the centerline of the main ( track of the Union Pacific Railroad Company right of wz ;thence p rallcl with and 25.00 feet southwesterly measured at right angles with the centerline the Union Pacific Railroad Company right of way North 54°26' 00"West a distance of 2334.39 feet to a point on ( the northwesterly line of Lot 45A of said Block 21 as shown on said map; thence along said northwesterly line South 35°34' 00"West a distance of 105.00 feet more or Icss to 1W the Point of Beginning. Ll Containing an area of 5.62 acres,more or less 1 ( Office of Real Estatc Omaha,Nebraska J ! January 18, 1999 j Written by:JCO 167476.lcg In 060, . ami. . : • �, :�. �� ��, y., ti' o6Sh ` ttv FTS oof b . N t j tit � �•C'' s' � til.•:..'�" • ' ' . • ,'. •. �� � . ` O 5 1p .• O 0•�,,Z .� � 05S r�` f+ ::.5/y4 � }• 4! '!`� - iinM+Ya{u-�..-..a,•.w.r..r...�.1.....s.•.w+-.•.ra.r+--►...o.-..-...,—.,. , x to t . In ••, ti 7 C�ll O�Ll IiWOd Attachment: B Atascadero City Council GENERAL PLAN UPDATE - 1999. Meeting Date: 9/14/99 A. 1979/80 Plan - "The People's Plan" 1 . Atascadero Advisory Committe, 1966-79. a. 26 organizations + 4 at-large members ( 1 for each quadrant) , totalling 82 citizens. Monthly & bi-monthly meetings. b. Land developers, real estate people, environmentalists, business owners, youth groups, senior citizens, pro-growthers, no-growthers, left & right wing, etc. c. 1968: County Planning Dept. presented their General Plan for Atascadero, developed under the direction of Henry Engen, Asst. Director for Advanced Planning. Plan rejected by the Advisory Committee. 2. General Plan Subcommittee, 1972-78. Weekly meetings. a. 7 member committee, with 9 persons serving over the 7 years. b. Highland (Chmn) , G. Davis, W. Lewis, B. Miller, E. Oglesby, J. Stinchfield, S. Summers, R. Wilkins Jr. , R. Wright & P. Putnam (tech. consultant) . c. 150 citizen volunteers. d. Each section reviewed & revised by full Adv. Comm., page by page, line by line, often word by word. e. Ultimate population estimated between 30-34, 000 at build-out. f. Adopted by Board of Supervisors 12/78. g. Adopted by 1st City Council, after Public Hearings, in 1980. 3. Basic goals! a. Relatively low density community- large lots with "elbow room" . b. Residential areas permitting ownership & housing of animals, primarily horses & FFA & 4H projects. c. Winding, tree-lined streets. d. Secluded home sites. e. Road walkways, horse trails & bikeways without curbs & gutters. f. Tree-covered hills. 4. Population growth/yr 1960-70: 6. 3% 1970-75: 8.3% 1975-98: 3. 9% *1968-1972: Completion of sewer system Population 1970: 9,091 1975: 12, 413 1998: 25, 300 B. 1987 Update 1 . Existing Available Total Dwelling units 7, 537 4, 874 12, 411 Population 20, 449 12,413 33, 388 C. Important Statements 1 . "Strict adherence to the lot sizes characterdof. theecommunity" . ssential in order to retain the desired 2. "Maximum population is atheoretical changingfigure thelcharacter cannot be attained or surpassed of the community." RECOMMENDATIONS 1 . Resolve internal inconsistencies. 2. Multi-Family Residential (MFR) a. Few apartments or condos constructed in recent years. Use this zoning for single family, small lot PUD's. "Affordable" . 3. Minimum lot sizes a. To maintain the buildout population of 30-34, 000, if lot sizes reduced in one area, they must be increased by an equal amount somewhere else. b. Areas where, many lots are less than minimum zoning for the f area: i. Create no lots of less than IA, except for PUD' s. ii . If more than 70% of lots are less than the zoned minimum, but greater than the next lowest zoning, rezone to the next lowest zoning. e.g. Current zoning = 1A. 70% of lots less than 1 A. Rezone to IA. Current zoning = 1A. Less than 70% of existing lots less than 1A. Retain 1A. zoning. Attachment: C Atascadero City Coun Meeting Date: 9/14/99 John W. McNeil it 8765 Sierra Vista Rd. Atascadero , CA 93422 Sept. 14, 1999 Honorable Mayor and City Councilmen: The rroposed update of the General Plan at a cost to the taxpayers of $350,000 is an unconscionable waste of our money. The update is not now necessary as stated by the mayor; the pre- scribed period will not end until the year 2002/5, except for the Housin.- Element. Moreover, if the General Plan were r_o,:,r updated, it should not cost $350,000. The last update was done by a staff member, Henry :gingen. (Perhaps Henry En-en would do it now for 4W5,000?) In any event , the developers should pay the $350,000. Kelly Gearhart alone should pay about $300,000. What provisions of the General Flan are now inhibitine development? Lot splits are easily approved b; the City Council , and mendment-s to the General Flan are easily obtained. �1ow easy . can it ;et The General Flan is no better than the City Council at any time . Don' t worry about the General Llan update . Urodate the Cit,: Council by voting; in new City Council -)ersons who will respect 'l,he General Plan, and preser-re the rural cahracter of our city. Res-pectively submitted, Attachment: D September 14, 1999 Atascadero City Council To: Atascadero City Council Meeting Date: 9/14/99 Re: General Plan Update From: Dorothy F. McNeil Honorable Councilmembers :: Atascadero is being ill-informed and mis-informed by the- press. The Atascadero News has no coverage of tie proposal to rewrite the- entire General Plan. The Tribune has mis'-informed-not told .the- truth- by quoting only Wade McKinney and Ray Johnson. Johnson said the General Plan "Has not been revamped-for several years and is out of date. " And he says "'the revision is necessary and is required -by law. " Wrong on both counts. All elements of the G.P. must be reviewed every 10 years with the exception of the Housing Element which is every 5'years. Only the Housing Element is due. Other elements were . redone in 1992 and 1995 thus not due until 2002 and 2005. The proposed cost is up from $150,000 to' $350,000 and the hiring of a consultant. Previous updates were done "in-house' by our own quali- fied planner, Henry Engen. Much less costly. Why do we now have no qualified person on staff? Why are Johnson, McKinney and company pushing this; Johnson says :: " . .some residents may fear the upd.ate will spoil Atascadero' s quaint small town feel. .the council has no intention of bringing urban sprawl -to the city. . .from my point of view, m'e're not interested in rezoning the western hills." What is the point of view of Lerno, Clay, Arrambide and McKinney? Johnson again, "I don't see the update changing the rural character of our town. " "Me thinks he does protest too much, " said Shakespeare . An excuse for redoing the entire plan is "other cities are doing it" . It sounds li'_tie a teenager's excuse for staying out too late or drink- in-:: "Other kids are Join- it. " The fact is most other cities are NOT doing it. The Tribune told us city officials plan workshops "to receive commun- ity input and to allow residents to help determine- what Atascadero should look like in 10 or 20 years" . 20 years? ! Wade's quote about the -workshops was my favorite: "It is important for the General Plan to be seen as a document representing the community." A real Freudian slip. "To be seen as a document . . " not to, be a document that -,represents the community. Roy Patrick, editor of the Shafter Press where Wade was city manager, said, "I never saw a city administration that is better at smoke and mirrors. " 9/14/99 Page 2 D'.McNeil With a 4-l:,.council which has never denied a lot split or a General Plan Amendment and Wade McKinney. at the helm, who believes the workshops will be more than window dressing, especially since the ,Redevelopment workshops were such a farce. A brochure of Wade' s previous town, Shafter, bragged about "' a � healthy growth rate of just under IOoli. n Our .General Plan calls for a�''�Z growth rate. Shafter annexed 6.5 sq. mi. and quadrupled in size. I guess Wade wants to double, tripleror quadruple the size of Atascadero so it can go on his resume when he applies to an ever- larger city for an ever-greater salary. This proposed update is NOT required by law--only the Housing Element. Tell the Council to stick to the law. We want the people's General Plan, not a McKinney plan which will mainly serve developers like Kelly Gearhart whose name is on everyagenda. ��-\� • Doroth F. McNeil 8765 Sierra Vista Rd. Atascadero, CA 93422 Attachment: E Atascadero City Council Meeting Date: 9/14/99 WILLIAM J. ZIMMERM.AN 6225 LOMITAS RD. SEPT. 14, 1999 I'M SPEAKING AS AN INDIVIDUAL, BEFORE PROCEEDING , THE CITY SHOULD COMPLETE THE PRESENT SURVEY TO GET A BASE. YOU ALREADY HAVE A PROJECTED COST OF $15, 000 - $20,000 FOR THIS. FROM MY PERSPECTIVE, IT WOULD BE UNCONSCIONABLE TO SPEND $200,000 - $350, 000 FOR CONSULTANT SERVICES TO REVIEW THE GENERAL PLAN. OVER THE YEARS THE CITY HAS SPENT THOUSANDS OF DOLLARS ON CONSULTANT SERVICES WHOSE RECOMMENDATIONS HAVE NOT BEEN IMPLEMENTED. ATASCADERO IS BECOMING A CONSULTANTS FULL EMPLOYMENT ACT. THE BEST JOB WAS DONE Bx' OUR FOUNDERS WHO, AS 'VOLUNTEERS, DEVELOPED THE ORIGINAL PLAN AND SET THE VISION FOR ATASCADERO TO BE THE JEWEL OF THE NORTH COUNTY. SPENDING A LARGE AMOUNT OF MONEY ON REVISING THE GENERAL PLAN WON'T MAKE A PROFIT. IT IS HARD TO FATHOM WHERE A MEANINGFUL RETURN ON INVESTMENT WILL BE GENERATED. WHY IS THERE A NEED TO DEVELOP INCREASED RESIDENTIALBUILDOUT ATASCADERO ALREADY qS A VIS � OTHER TOWN THIS ION TO BE A SPECIAL PLACE UNLIKE VISION SHOULD RESULT IN INCREASED• PROPERTY EVERY VALUES AND A GREAT QUALITY OF LIFE FOR RESIDENTS. WILLIAM J. 2xMMERMAN