HomeMy WebLinkAboutMinutes 092899 Approved 10/26/99
MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 28, 1999, 7:00 P.M.
REDEVELOPMENT AGENCY, 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. Conference with legal counsel [Govt. Code §54956.9]
Existing litigation: Atascadero Unified School District v City of Atascadero
2. Performance Review: City Manager(Govt. Code § 54957.6)
3. Conference with labor negotiator(Govt. Code § 54957.6)
Agency Negotiator: City Manager
Employee organizations: Atascadero Firefighters and Department Heads
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 Council Member Clay led the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, and Mayor Johnson
Absent: (Ken Lemo resigned September 21, 1999)
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham.
Staff Present: City Manager Wade McKinney, Police Lieutenant John Couch, Fire Chief
Mike McCain, Community Services Director Brady Cherry, Community
and Economic Director Paul Saldana, Community Services Manager
Geoff English, Administrative Services Director Rachelle Rickard, City
Attorney Roy Hanley, Assistant City Engineer John Neil, Chief of
Wastewater Operations Mark Markwort, and Principal Planner Warren
Frace.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve to agenda.
Motion passed 4:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring October 3 —9, 1999, "Fire Prevention Week"
Mayor Johnson read the Proclamation and presented it to Fire Chief Mike McCain.
2. Proclamation declaring October 1999, "Domestic Violence Awareness Month"
Mayor Johnson read the Proclamation.
3. Presentation of Certificates of Recognition—John Jamar, Ellie Ameday and
Esther Moore—Police Department RSVP Volunteers.
Police Lt. John Couch presented Certificates of Recognition to RSVP volunteers.
COMMUNITY FORUM:
Raymond K. Jansen, 6655 Country Club Drive, read a portion of a letter written to the editor
about his concerns with the attitude of City Hall, State and Federal offices, and its effect on our
communities.
Richard Molin, 4200 Portola Road, thanked the Council for the newsletter he received. He
suggested that future newsletters might include actions taken at Council meetings.
Eric Greening, 6600 Lewis Ave., announced there will be a Public Forum on the Salinas Dam
Project, Monday, October 4, 1999, at the Paso Robles City Hall from 7:00—9:00 p.m.
Linda Parker, 4825 Navidad, stated that she has lived in Atascadero for 15 years. She said she is
opposed to updating the General Plan at the cost of$350,000. She stated she does not want to
see Atascadero turn into a place like the places people move here to get away from.
Bonita Borgeson, 4780 Del Rio Road, offered an apology to City Manager Wade McKinney for
her comments at the last meeting. She also apologized to Fire Chief Mike McCain for her
comments. She congratulated Brady Cherry on his new position and thanked Mr. McKinney for
recommending him, as Mr. Cherry is a very fine person.
Bob Sparling, 7500 San Palo Road, stated that he appreciates the number of volunteers we have
in our community.
Rush Kolemaine, P.O. Box 1990, stated he would like the citizens of this community to pay
attention to their government.
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Mayor Johnson closed the Public Comment period.
City Attorney Roy Hanley stated he wanted to share with the Council a conversation he had
concerning the museum. He reported that he had suggested the City use the museum as a
reception area, stating that he was responsible for that"rumor."
COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Luna thanked Council Member Lerno for his service on the Council. He also
asked that the August 10, 1999, approvals on the Mackey project be revisited by the Council.
Mayor Johnson asked for a status report on this item. Mr. McKinney explained the votes of
August 10th meeting as follows: General Plan Amendment,passed; Environmental documents,
passed; Ordinance, initially approved, however it did not pass on the second reading. He stated
that that General Plan amendment portion would require a Public Hearing and Public Notice.
Mr. Hanley affirmed that it would be necessary. Mayor Johnson requested that staff review the
issue and bring it back with a recommendation.
Council Member Clay thanked Bonita Borgeson for apologizing and stated that he supports our
staff.
1. Council Vacancy
■ Alternatives:
1. Hold Special Election
2. Appoint new Council Member
3. Adjourn to a meeting within 30 days to make a choice between 1 or 2
above.
City Manager Wade McKinney stated the three options available to the Council as listed.
City Clerk Marcia Torgerson explained that the next election would be March 7, 2000 and filing
period would begin November 15, 1999. She stated that the elected Council Member would then
take office in April and reapply in July if he/she wished to run for the November 2000 election.
She reported that the County Clerk's Office gave her an estimated cost for a special election of
$11,500.
Mayor Johnson stated that he would like the Council to decide tonight whether they are going to
call an election or appoint someone to the vacancy.
Council Member Luna stated that his first preference is what the voters decide. He expressed
concern for the fact that the Council is changing the General Plan with three, sometimes two,
votes. He stated that this is an excellent opportunity to have a referendum on this view of the
future of Atascadero. He also expressed concern for appointing a new member, unless it was the
runner up of the last election, who had votes almost equal to that of the Mayor. He asked the
City Clerk to state the qualifications for applicants.
City Clerk Marcia Torgerson stated that applicants must be residents of the city of Atascadero
and a registered voter. City Attorney Roy Hanley commented that the City Council is free to
determine its own method of selection. Council Member Luna asked if applicants would be
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asked to disclose conflicts of interest. City Clerk Marcia Torgerson replied that included in the
draft application in front of the Council is a question asking the applicants to describe any
potential issues that might restrict them from voting. She explained that the Council could
require that they actually fill out the Disclosure of Economic Interests, form 700.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, suggested to the Council they could appoint anyone who has
previously run for City Council or any former Council Member.
Eric Greening, 6600 Lewis Ave., stated he feels an election would be the best alternative. He
explained it would give the public the ability to make the decision. He said that the School
District may be facing a special ballot measure in relation to the means by which its elected and
asked if it would be possible to consolidate to reduce expenditures for a special election.
Richard Mullin, 4300 Portola Road, stated that the public spoke at the last election and the
Council should appoint the runner up in the last election.
Robert Nimmo, 7375 Bella Vista Road, stated that he feels taking applications for an
appointment is the best alternative. He said that the Council should appoint someone who would
vote similarly to former Council Member Ken Lerno.
John Goers, 5200 Dolores, stated he supports the appointment of the runner up at the last
election. His second choice would be an election. He said that if the Council appoints someone,
they should agree to appoint only someone they could all support, a moderate.
Geraldine Brasher, 3202 Monterey Road, stated that she supports appointing the runner up from
the last election, but would like to see the Council hold a special election.
Alan Thomas, 9520 Marchant Way, said that he feels the Council should appoint a new Council
Member.
Linda Parker, 4825 Navidad, stated she supports the appointment of the runner up from the last
election.
Dorothy McNeil, 8765 Sierra Vista, stated that Mr. Nimmo was worried about having only four
votes on the Council because when he was on the Council it was discovered that he had conflicts
of interest that were not reported.
Gary Pallett, 4255 San Benito,stated he supports the appointment of the runner up from the last
election. He commented that the appointee will be deciding the vote on updating the General
Plan.
Raymond Jansen, 6655 Country Club Drive, stated he agrees with Mr. Nimmo that we should be
fair to the constituents and supports appointing the runner up from the last election.
Bonita Borgeson, 4780 Del Rio Road, stated she supports appointing the runner up from the last
election. She also stated she supports a special election so the General Plan update would be
voted on by the five Council Members voted into office by the people.
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Steve LaSalle, 7505 Marchant, stated the he has noticed a mean spiritedness in the Council over
the past 10 years. He stated that he supports appointing the runner up from the last election.
Stu Thompson, 7455 Bella Vista, stated he supports a special election.
Mary Pallett, 4320 Del Rio Road, stated that he would be in favor of appointing someone who
has moderate views.
John McGoff, 9192 Maple St., stated he favors appointing the runner up from the last election.
He suggested that as a second possibility, a special election be held.
Mayor Johnson closed the Public Comment period.
Mayor Pro Tem Arrambide stated that he would be in favor of an appointment. Council Member
Clay stated that he would also support the method of appointment.
Council Member Luna stated that he would like to see someone appointed who has a recent
demonstrated constituency like former Commissioner Hageman.
Mayor Johnson stated that he would like to see an announcement made, application collected,
and set a date for appointing a new Council Member. Council Member Luna commented that he
would like to also have interviews and have all applicants complete FPPC forms. Council
Member Clay stated that the Council is overstepping their bounds by requiring candidates to fill
out the FPPC forms prior to being appointed.
There was a Council consensus to direct staff to advertise for the vacancy, accepting
applications through Friday, October 8, 1999, and bring the item back to the Council in a
special meeting on Wednesday, October 13, 1999, at 6:00 p.m.
CORRESPONDENCE:
1. Atascadero Unified School District Strategic Planning
■ Staff recommendation: Council appoint a representative to serve on the
Atascadero Unified School District Strategic Planning Committee.
Mayor Johnson announced that Mayor Pro Tem Arrambide has offered to serve on this
Committee.
There was Council consensus to appoint Mayor Pro Tem Arrambide to serve on the
Atascadero Unified School District Strategic Planning Committee.
A. CONSENT CALENDAR
1. Adoption of Building Regulations
■ Fiscal Impact: a minor increase in review and construction permit fees
■ Staff recommendation: Council introduce for second reading, waiving reading in
full, Ordinance #360, adopting the 1997-98 Model Building Codes[Community
Development Department]
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MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to introduce for second reading,waiving reading in
full, Ordinance#360, adopting the 1997-98 Model Building
Codes.
Motion passed 4:0 by a roll-call vote.
Mayor Johnson called a recess at 8:30 p.m.
Mayor Johnson called the meeting to order at 8:36 p.m.
B. PUBLIC HEARINGS:
1. 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 499001, ZC 499001 and TPM#99003 [Community
Development Department]
Principal Planner Warren Frace gave the staff report and answered questions of Council.
There was lengthy discussion concerning the lot sizes in the area including the non-conforming
lots.
PUBLIC COMMENT
John Bunyea, 8930 Junipero, the applicant, stated staff's maps are inaccurate. He showed the
Council current parcel maps showing many more lot splits. He explained to the Council that his
proposal is compatible to the neighborhood and he feels they should approve his proposal.
John McGoff, 9192 Maple St., asked the Council to look at the request in the context of the
entire community and the General Plan.
Sharon Balsden, 6980 Riverview Lane, spoke in favor of this project and others like it as she
wants to assure there will be homes for her children when they grow up.
Alissa Anderson, stated she supports this project as it is compatible with the neighborhood.
Sandra Shaffer, 8903 Junipero, stated she is opposed to this project and agrees with the City
staff.
Milton Wallace, 8934 Junipero, said he has,a problem with the Zone Change. He agrees with
staff that continuous lot splits are not what the community wants.
John Bunyea, 8930 Junipero, the applicant, stated that a precedent has already been set on
Palomar and other areas. He submitted a statement, signed by 30 of his neighbors, which
expressed no opposition to the division of John Bunyea's lot(see Attachment A).
Mayor Johnson closed the Public Comment period.
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MOTION: By Council Member Luna to adopt Resolution No. 1999-054, denying
the request for GPA#99001,AC #99001.
The motion failed due to the lack of a second.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to send the item back to staff for review.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
Mayor Johnson stated his "yes"vote was reserved due to the fact that he is not sure of the future
status of the General Plan.
2. Zone Change#99008 —Auto Dealers/Sales Lots Code Text Amendments (Staff Initiated)
■ Fiscal Impact: None
■ Planning Commission recommendation: Council introduce on first reading by title
only, Ordinance No. 364, amending zoning code text associated with auto dealers
and sales lots [Community Development Department]
Community and Economic Development Director Paul Saldana gave the staff report and
answered questions of Council.
There was no Public Comment.
MOTION: By Council Member Clay and seconded by Mayor Johnson to
introduce on first reading by title only, Ordinance No. 364,
amending zoning code text associated with auto dealers and
sales lots as amended: Land Use Descriptions (page 74)
striking the words "for motorcycles or moped dealers only";
and Zoning Text(page 61) striking the words "(over 1 ton)"
and inserting the word "commercial" between the words
"heavy" and "trucks."
Motion passed 4:0 by a roll-call vote.
3. Atascadero State Hospital/ Chalk Mountain Golf Course Annexation—Pre-zoning and
Initiation of Annexation - ANX 99001 /ZC 99009
■ Fiscal Impact: Will generate positive revenue
■ Planning Commission recommendations: Council:
L Adopt Resolution No. 1999-056, adopting a Class 19 categorical exemption from
CEQA and initiating an application to LAFCo for annexation of the Atascadero
State Hospital and Chalk Mountain Golf Course Territory;
2. Introduce for first reading by title only, Ordinance No. 365,for the pre-zoning of
the Annexation Territory to 606±acres to the P (Public) District and 278±acres
to the L (Recreation) District on the City Zoning Map[Community Development
Department]
Principal Planner Warren Frace gave the staff report and answered questions of Council.
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PUBLIC COMMENT
Alan Thomas, 9520 Marchant Way, asked if the maintenance on this property will be continued
by San Luis Obispo County. Mr. Frace confirmed that the County will still own and maintain
the property.
Mayor Johnson closed the Public Comment period.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to adopt Resolution No. 1999-056, adopting a
Class 19 categorical exemption from CEQA and initiating an
application to LAFCo for annexation of the Atascadero State
Hospital and Chalk Mountain Golf Course Territory with the
following amendments:
1) On the first page of the Resolution, in the paragraph
referring the the Exhibits, remove the word "uninhabited"
and replace it with the word "inhabited."
2) Delete the final "Whereas" sentence located on page 2.
Motion passed 4:0 by a roll-call vote.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to introduce for first reading by title only,
Ordinance No. 365, for the pre-zoning of the Annexation
Territory to 606± acres to the P (Public) District and 278±
acres to the L (Recreation) District on the City Zoning Map.
Motion passed 4:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Lighting in Atascadero Lake Park—Requested by the Atascadero Rotary Club
■ Fiscal Impact: approximately$1,250 annually for additional electrical service
■ Staff recommendation: Council:
L Adopt proposed Negative Declaration of environmental impact;
2. Approve a modified request by the Atascadero Rotary Club to install thirteen
additional decorative lamp posts and the relocation of six standard street lights in
Atascadero Lake Park [Community Services Department]
Community Services Director Brady Cherry gave the staff report and answered questions of
Council
Council Member Luna asked if a light will be going in by the women's restroom if this item is
approved. Mr. Cherry said that there would. Council Member Luna suggested this area be
master planned, and if we wish to change the color of the lights, consult with the Rotary and
neighborhood first. Mr. Cherry explained that the staff did not recommend a color change,
however the Parks and Recreation Commission did. Council Member Luna thanked Geoff
English for his efforts.
Mayor Pro Tem Arrambide stated he encourages the neighbors of the park to give suggestions,
but he strongly believes the park belongs to the entire community.
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Council Member Clay stated that he agrees with Mayor Pro Tem Arrambide.
Mayor Johnson states that he agrees with staff on the "color" issue.
Mayor Pro Tem Arrambide expressed concern for the brightness of the lights.
PUBLIC COMMENT
William Zimmerman, 6225 Lomitas, stated he does not like the color of the existing light poles.
Barbara Combs, corner of Lakeview and Portola, stated she is concerned about the potential for
crime if the lights are going to be turned off at midnight. She explained that now, the lights are
on all night and it deters crime.
Alan Thomas, 9520 Marchant Way, stated he supports the proposal because it is the result of a
team effort and compromise. He said he agrees with the previous speaker that the lights should
be left on all night. He also prefers a dark color for the light poles.
Sandy Clark, 9215 Lakeview Drive, stated she is concerned with the lights glaring into her house
that reflect off the water.
Mayor Johnson closed the Public Comment period.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to adopt proposed Negative Declaration of
environmental impact.
Motion passed 4:0 by a roll-call vote.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to approve a modified request by the Atascadero
Rotary Club to install thirteen additional decorative lamp
posts and the relocation of six standard street lights in
Atascadero Lake Park with the following amendment:
1) Delete the second recommendation given by the Parks and
Recreation Commission on the Staff Report.
Motion passed 4:0 by a roll-call vote.
2. Chamber of Commerce—Review options for shared position with City of Atascadero
■ Fiscal Impact: $30,000 annually.
■ Staff recommendation: Council review options for shared position with Chamber of
Commerce and provide staff direction. [Community Development Department]
Mayor Johnson announced that this item was pulled.
3. Wastewater Treatment Facility— Stage I Upgrade
■ Fiscal Impact: $1,560,1 00from the Wastewater Fund
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
James C. Cushman, Inc. To construct the improvements required to upgrade the
wastewater treatment facility. [Community Services Department]
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Community Services Director Brady Cherry 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 authorize the Mayor to execute an agreement with
James C. Cushman, Inc. to construct the improvements
required to upgrade the wastewater treatment facility.
Motion passed 4:0 by a roll-call vote.
4. Information Bulletin
D. COMMITTEE REPORTS:
Air Pollution Control District
Mayor Pro Tem Arrambide announced that they will be having a workshop on Thursday night at
7:00 p.m. in the 4t' Floor Rotunda of the Atascadero City Administration Building. The
Workshop concerns Rule 501 (backyard burning).
Economic Vitality Corporation, Board of Directors
Mayor Johnson reported that they are still looking for a building.
City/ Schools Committee
Mayor Johnson announced that last night there was a meeting which the Police Chief and Fire
Chief attending regarding the safety in schools.
Economic Opportunity Commission
Mayor Pro Tem Arrambide reported that there was a restructuring of the organizational chart.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 11:00 p.m. to the next Regular Session scheduled on
October 12, 1999, at 7:00 p.m.
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MEETING RECORDED BY:
City Clerk, Marcia McClure Torgerton
MINUTES PREPARED BY:
Deputy City Clerk, Melanie Whaley
ATTACHMENTS: A- Signed statement by various neighbors of John Bunyea
supporting the division of his lot.
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Attachment: A
Atascadero City Council
Meeting Date: 9/28/99
We as neighbors of John Bunyea do not have any objections
to the city Planning Department in allowing him to 'create
two one-half acre lots out of the 1 .08 acre located at 8930
Junipero.
Name Address
I _
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j
YA r Y.
iLj� u Q gZ)L_Z_�
1 •
c.6-, ✓l 2dJ �`�2 � -TGt�'l l 1Lii'� i-r UIL.
�L X770
14� L ��
per 0 Ave-
We as neighbors of John Bunyea do not have any objections
to the city Planning Department in allowing him to create
two one-half acre lots out of the 1 .08 acre located at 8930
Junipero.
Name Address
JLMOCeKb