HomeMy WebLinkAboutMinutes 012202 Approved February 12,2002
,918 18 MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY, JANUARY 22, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a.) Conference with legal counsel - Pending litigation (Govt. Code
Sec.54956.9)
Diamond v City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. and Mayor Pro Tem
Scalise led the Pledge of Allegiance.
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ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor
Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David
Graham
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Police Chief Dennis Hegwood, Fire Chief
Kurt Stone, Waste Water Operations Chief Mark Markwort and
City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Johnson to approve the Agenda.
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring February 2002, "Spay Month USA" and February 26,
2002, "Spay Day USA."
Mayor Arrambide presented the proclamation to Charlotte Alexander, President of
the North County Humane Society. Ms. Alexander thanked the Council for their
support.
2. League of California Cities - Grassroots Network Overview by Channel
Counties Regional Representative David Mullinax
Mr. Mullinax explained to the Council the League's Grassroots Network and stated
that he will be going into each city to begin building strategic alliances within the
cities with unions, businesses, social activism committees and elected officials and
representing these interests in Sacramento especially during budget time.
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COMMUNITY FORUM:
Eric Greening, 7365 Valle, urged the Council not to support greater funding for
schools unless they also support a repeal of Proposition 13. Regarding the
Highway 41/101 realignment, Mr. Greening reported that the County Supervisors
had turned down two appeals on the Union Asphalt project which could put up to
50 southbound exiting trucks per day during hauling season through that
interchange. He was concerned that the City of Atascadero was not informed of
the pending appeals.
Elmer Garrison, 6575 Bel View Orchard Lane, San Luis Obispo, stated he wanted
to speak to the Council regarding his construction project at 5395 Traffic Way. He
asked the Council to explain to him why his project has had a stop work order
placed on it. Mr. Garrison explained that he is required to construct a drainage
swale on his neighbors' property and expressed his frustration with the process.
Mayor Arrambide asked the City Manager to give the Council a summary of this
project. Mr. McKinney gave the Council a chronological list of actions on this site
and explained the options open to Mr. Garrison to complete his project.
Dorothy McNeil, Atascadero, expressed her concern with San Gabriel from
Highway 41 over to Santa Lucia and feels there should be a two-way stop sign at
the intersection of San Gabriel and San Marcos.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna shared with the Council a State Supreme Court ruling today
which stated that physicians must prove that a mental abnormality exists which
makes it difficult for sexually violent predators (SVP's) to control their behavior. It
is critical that Atascadero State Hospital be contacted to determine the impact of
this ruling on the SVP's currently housed at that facility. City Attorney Hanley
explained that what the State Supreme Court did was to uphold the Kansas State
Statutes and state that they were constitutional. As the California State Ordinance
was drafted on the same model as the Kansas one, this may be good news for
California.
Mayor Pro Tem Scalise stated that the unveiling of the new Atascadero logo was
very successful.
Mayor Arrambide announced there would be a ribbon-cutting ceremony for the
driveway of the Youth Center tomorrow and that the Cuesta Grade would be
closed all night on Wednesday, January 30tH
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A. CONSENT CALENDAR:
1. City Council Minutes - January 08, 2002
■ City Clerk recommendation: Council approve the City Council minutes of January 08,
2002. [City Clerk]
2. City Treasurer's Agenda Report - November 2001
• City Treasurer recommendation: Council review and accept the November 2001
Treasurer's Report. [City Treasurer]
MOTION: By Council Member Luna and seconded by Council Member
Johnson to approve Consent Calendar Items #A1 and A2.
Motion passed 5.0 by a roll-call vote.
B. PUBLIC HEARINGS
1. Regulation of Bow Hunting
■ Fiscal Impact: None
■ City Attorney recommendation: City Council take action to permit or prohibit bow
hunting within the City limits. [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council.
C A revised draft Ordinance was presented for consideration. (Attachment A)
Council Member Clay gave his report of the research he had done and a summary
of the sub-committee meeting held on November 14, 2001 .
Bob Stafford, Wildlife Biologist with the Department of Fish & Game, SLO County,
gave a summary of bow hunting issues in Atascadero and explained the difficulties
involved with birth control measures for the deer population in the City of
Atascadero.
PUBLIC COMMENT
Marilyn Brown, Graves Creek Road, stated she feels this is an issue of animal
cruelty. She would like the Council to do something about this issue before
someone gets hurt and a lawsuit it filed.
Dorothy McNeil, Atascadero, expressed, in a prepared statement, her support for a
ban on bow and arrow hunting in the City and presented several options for
protecting property from damage caused by deer. (Attachment B)
Leon Korba, Santa Ana Road, asked for clarification of the term "dangerous
weapon" and asked if the presentation by Fish and Game was representative of the
official documentation from that department.
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Chip Tomani, 2900 Monterey Road, said he feels hunting should be allowed on a
person's property if the owner permits it, the hunter is licensed and the activity
stays within the property. He feels most deer hunting in Atascadero is legitimate
and that most problems with this issue come from poachers taking wild shots.
Russell Pierce, 7560 Costano, reminded the Council that the Fish and Game
representative explained that there are very few accidents related to hunting and
feels that many people are caught up in the emotion of the issue. He feels that real
hunters are law-abiding, do not harm the land and buy tags, the money from which
is funneled toward the protection of animals.
Gary Kirkland, 4620 Portola Road, expressed his view that the passage of
ordinances restricts our freedoms. He asked if the police will also be unable to
discharge firearms within the City limits and feels deer present more safety issues
than hunters.
Len Awsdon, Atascadero, stated that he sees nothing in the proposed ordinance
that is not covered by either a State, County or City law already on the books. He
does not want to see backyard archery banned.
Ron Wager, 5781 Arroyo Ave., stated he is opposed to this ordinance. He thanked
Council Member Clay and Larry Kosnek for their efforts on this issue.
John Iverson, 9825 Enchanto, stated he supports this ordinance. He has
witnessed hunters trespassing on his and adjacent properties with bows cocked
and wearing camouflage and this makes him feel less free on his own property.
Corrina Jones, Enchanto Road, said she concurs with Mr. Iverson's comments and
stated she feels this is a safety and a trespassing problem. She urged the Council
to adopt the proposed ordinance. Ms. Jones submitted her written comments as
well as a petition letter that had originally been signed by 133 concerned citizens.
(Attachment D)
Daphne Fahsing, Atascadero, stated her support for the passage of this proposed
ordinance. She read excerpts from hunting magazines regarding dealing with
wounded animals and recovery of such animals. Ms. Fahsing indicated that she
was not opposed to backyard target shooting, but would like to see permits issued
along with an inspection of the backyard setup.
Steve Schroeder, Bolsa Road, stated he feels trespassers should be taken care of
with existing laws and that deer hunting should be allowed if the property owner
gives the hunter permission.
Mayor Arrambide closed the Public Comment period.
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Mayor Arrambide recessed the hearing at 9:00 p.m.
Mayor Arrambide called the meeting back to order at 9:10 p.m.
Council Member Johnson indicated that the issue for him was shoot and pursue
and he feels there needs to be some control over it. The issue of deer population is
a moot point for him; additionally he would not like to see the rules for backyard
archery become too complicated.
Council Member Clay stated that there are some who cannot follow the rules and
trespassing is a problem. It is for this reason that a resolution to must be found.
Council Member Clay also hopes the rules for backyard archery will not become too
complicated.
Council Member Luna indicated that he is in support of the proposed ordinance.
Mayor Pro Tem Scalise agreed that Atascadero is no longer a rural community, but
as a hunter felt that it is important to uphold the rights that do exist. In regard to
backyard archery, she feels private citizens have the right to do as they like on their
property.
Mayor Arrambide expressed concern that the more laws made, the more personal
freedoms are given up, however, when individuals trespass and do not respect
others property, it becomes necessary.
MOTION: By Council Member Luna and seconded by Council Member Clay
to introduce for first reading by title only, the revised draft
Ordinance, Discharge of Firearms and Dangerous Weapons with
the following amendments:
4-3.103: It is unlawful for any person to willfully discharge any
firearm or dangerous weapon within the city limits except in
either private or public archery ranges, shooting galleries and on
pistol or rifle ranges, the locations of which have been approved
by the Chief of Police, or as otherwise provided by law.
403.104 (a) Upon conviction of a defendant, a firearm or
dangerous weapon used in the commission of, or in an attempt
to commit, any violation of this code, is a nuisance.
Motion passed 5:0 by a roll-call vote.
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C. MANAGEMENT REPORTS
1. City Council Strategic Planning
■ Fiscal Impact: None
■ Staff recommendation: City Council receive public input regarding priorities for the
future. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Eric Greening, informed Council that there may be a scheduling conflict in that
there will be an important meeting at the Lake Pavilion on Wednesday evening
when the County will be sponsoring a meeting on new towns. He encouraged
Council to attend this meeting if possible.
Daphne Fahsing, referred to City Council Norms for 2001 , Item #11 , which states
that the public will be allowed to address the City Council after the close of the
hearing at the discretion of the Mayor. She would encourage the Council to utilize
this provision regularly.
City Treasurer David Graham suggested the Council review the 700-acre
development in West Atascadero, as well as the roads, which continue to
deteriorate with no viable way at the present time to fund maintenance of those
roads. He would like to see a plan developed so that any new roads added to the
system will be paid for and maintained properly.
Mayor Arrambide closed the Public Comment period.
Council Member Clay asked to have the survey conducted a few years ago included
in the Council's Strategic Planning Workshop.
2. Assembly Bill 1755 (Maldonado)
■ Fiscal Impact: None
■ Staff recommendation: City Council authorize the Mayor to sign a letter in support of
AB 1755 (Maldonado) increasing the penalties for escape at the State Hospital. [City
Manager]
City Manager Wade McKinney gave the staff report and answered questions of
Council.
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MOTION : By Council Member Clay that a letter be drafted to all
committee members and local representatives.
Council Member Clay withdrew his motion.
PUBLIC COMMENT
Eric Greening, stated he supports this Assembly Bill and urged the Council to
support it as it now reads. Additionally, he suggested that tabs be kept on the bill
to ensure that Council would still support it after any amendments that may be
placed on it.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Johnson and seconded by Council Member
Luna to authorize the Mayor to sign a letter in support of AB
1755 (Maldonado) increasing the penalties for escape at the
State Hospital.
Motion passed 5.0 by a voice vote.
I 3. Information Bulletin
a. Atascadero Lake Water Quality
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
There was consensus of the Council to receive the report.
PUBLIC COMMENT
Eric Greening, stated that though vegetation was encouraged in this report, there
was a large amount of pruning of bank vegetation recently. Regarding the
domestic waterfowl, he questioned whether an effort would be made to relocate
them in whole families as opposed to parts of families. Mr. Greening informed
Council that last Thursday the Parks and Recreation Commission had looked at the
issue of mini power boats used on the Lake.
Mayor Arrambide closed the Public Comment period.
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MEETING RECORDED AND MINUTES PREPARED BY:
�t7✓ C
h-1---
Marcia McClure Torgerson, City rk
Attachment A — Draft Ordinance Discharge of Firearms and Dangerous Weapons
Attachment B — Dorothy F. McNeil
Attachment C — Ethel St. John, 9780 Enchanto Road
Attachment D — Corinna Jones
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Attachment: A
Atascadero City Council Meeting
1/22/2002
DRAFT ORDINANCE
DISCHARGE OF FIREARMS AND
DANGEROUS WEAPONS
PREAMBLE. Purpose and Intent
The City Council finds that the discharge of weapons in the City and also upon public property is
inherently dangerous to the citizens of Atascadero due to the inability to guarantee that the
objects discharged will remain safely upon the premises or to guarantee that the objects
discharged will not cause harm to people and/or animals. The City recognizes a compelling
interest in preserving the safety of the community generally and providing a higher degree of
protection for its citizens from the dangerous effects of the discharge of weapons.
NOW THEREFORE, the City Council of the City of Atascadero does ordain that sections 4-
3.103 through 4-3.105 of the Atascadero Municipal Code are amended to read as follows:
4-3.103 Discharge of firearms or dangerous weapons.
It is a unlawful for any person to willfully discharge any firearm or dangerous weapon
within the city limits except in archery ranges, shooting galleries and on pistol or rifle ranges, the
locations of which have been approved by the Chief of Police, or as otherwise provided by law.
4-3.104 Misuse of dangerous weapons.
It is a unlawful for any person under the age of eighteen, and without the immediate
supervision of a parent or guardian or an adult designated by the minor's parent or guardian, to
willfully fire or willfully discharge any weapon or device as defined in this chapter within the
city limits. In no instance may such weapons be discharged by a minor within one hundred (100)
feet of any building or livestock without the permission of the property owner.
4-3.105 Nuisances-disposition of weapons.
(a) Upon conviction of a defendant, a firearm used in the commission of, or in
an attempt to commit, any violation of this code, is a nuisance.
(b) Upon conviction of a defendant, any weapon described in subsection (a) of this
section shall be surrendered to the Chief of Police, who shall dispose of such
weapon as provided by law, except that upon the certification of a judge of a court
of record, the City Attorney or of the District Attorney of the County of San Luis
Obispo, that the ends of justice will be subserved thereby, the weapon shall be
preserved until the necessity for its use ceases.
020
4-3.1-7 Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason deemed or held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.
The City Council of the City of Atascadero hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions
might subsequently be declared invalid or unconstitutional.
The foregoing ordinance was approved and adopted at a meeting of the City Council held
on , 2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
ATTEST:
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
021
Attachment: B
Atascadero City Council Meeting
Atascadero City Council 1/22/2002
January 22, 2002
Honorable Mayor and Councilmembers:
This matter of bow and arrow shooting within the city limits
can be- resolved easily.
Many of us feel priviledged to live in an area where wildlife
still exists. Many programs have been developed in this and
other states to bring young city dwellers to places where they
can contact and feel the nature of the planet of which they are
a part .
When my husband and I came here almost 28 years ago, we had a
fence put up to keep my horse and our dogs inside, but we soon
took -off the barbed wire at the top. Last weekend we had four
bucks and several does feeding on the green grass. Our visitors
were entranced. We gave up planting roses because my horse as
well as the deer enjoyed eating them. •-W'e 've learned to have
plants which please us year round. Right now the marguerites are
full of yellow daisies, the bulbs, rosemary and wallflowers are
in bloom and the deer ignore them all.
For those who want to grow fruits and vegetables there are two
easy solutions. A neighbor behind us and a close friend who also
is visited by deer simply built fences which keep the deer out.
Our friend finds the deer waiting outside when he prunes plants
they love and tosses the branches over the fence to them.
The other solution we learned of from our son who lives at 81600ft .
in Colorado where the deer roam freely. When the snows are gone:,
he and his wife enjoy creating a beautiful front yard full of
native and cultivated flowers. Their solution: a motion sensory
water f.n stem. he placed a couple of long-spraying sprinklers
covering the yard which turn on automatically when the deer
come into the yard. They leave. I recall he said it cost about
$100.00 dollars--far less than a fence.
We all know guns kil'1 people and animals. Our previous councils
have wisely banned guns within the city limits. We all know bows
and arrows can kill people and animals. This council must have
-the wisdom -to ban -hem also.
A
Doroth F. c leil
022
Attachment: C
Atascadero City Council Meeting
1/22/2002
My name is Ethel St. John. I live at 9780 Enchanto Road, Atascadero. I have
lived on the central coast for 25 years and for the past seven at my current
address in Atascadero.
I am here this evening to add my voice to the many others who protest the
practice of bow hunting in our city limits. This issue is not about folks trying to
feed their families by hunting down and shooting game; this is about putting limits
on a recreational activity.
I have 12 grandchildren, 11 of whom live within 30 minutes of my home and visit
on a regular basis. During deer season, i do not want to worry that some eager
hunter will trespass onto my property in hot pursuit of his target and harm one of
these children. I am sadden to think that our city council would be so timid about
change that they would consider waiting until a terrible tragedy occurs before
they agree, "Yes, this activity has too high a price tag" and put an end to it.
Please do the right thing. Make bow hunting illegal in the city limits of
Atascadero.
023
Attachment: 0
Atascadero City Council Meeting
1/22/2002
Dear City Council Members:
My name is Corrina Jones and I'm a property owner in west
Atascadero with 7 acres.
In October of 2001, I wrote a petition letter, asking you to pass a
city ordinance that: akNola agp, .,a.br :, �an ,,Wegair
w,AWn,o,A, Wscad,e city nmiis o.With the help of Daphne Fahsing
and Marty Brown, we collected 133 signatures from concerned
citizens and submitted copies to each of you in November. We feel
that this is just a small representation of the community who
support amending the current city ordinance, as there wasn't a
single person who we approached, that did not support this effort.
Since then, this topic has received considerable media coverage
and further investigation by council member Jerry Clay. I think the
re� ch,has sham`that there is am overwheining concern over
puic .safety, trespassing, andnJr + lon ,,to..deer-ley htig
meows.
In every other city in the county, bow and arrow hunting is illegal
and it is time that Atascadero follows suit as well. As the present
p HpulM1ionx,e ceeds,2500; I submit to you, that ht �g ; f any
a„ s,no l g r:,r s nablc that int x ,,,t� : an ead.the
cww ,ip4,ordinaace to sake hunting,,bows, a ,ows illegal in
Atascadero,, It does, however, seem reasonable to all- archers to
continue their sport as long as it is done safely.
I appreciate your consideration of this matter. Thank You.
024
October 2001
Dear Council Members,
On September 23, 2001, at approximately 9am, two bow hunters were observed trespassing near the end
of Enchanto Road. One was in his truck directing the other down a resident's gated driveway.The
hunter on foot had his bow drawn and was headed toward a lawn area where children play daily. When
confronted, the hunters quickly ran off.
It is frightening to think that a hunter intended to shoot an arrow anywhere near where children
obviously play. Using lethal weapons (bows, guns) in a residential neighborhood is an accident waiting
to happen.
According to current city law, it is legal to hunt game in season with a bow within city limits as long as
the hunter(s) have the permission of property owners. Unfortunately, every year, we have hunters
running around in camouflage, sometimes with beer in hand, hunting without permission, in close range
to people's homes. One resident witnessed two young men armed with a 22 rifle, aiming at a flock of
wild turkeys in very close proximity to neighborhood houses in broad daylight.
These are not isolated incidents and many residents have witnessed hunters using poor judgement. We
can assume that most of these hunters are well aware of the law, but don't seem to care that they may be
trespassing and endangering residents.
Residents and their children should not have to feel their safety is at risk every time hunting season
begins.As rural areas of Atascadero become more populated,the danger becomes more pronounced. It's
time to change the rules.
Therefore, we would like to see legislation passed making hunting, with any lethal weapon including
bows and arrows, illegal within city limits. In addition, we would like to see harsher fines and
punishments enforced to deter hunters from persisting in their illegal activities.Thus far, when police
are called, they give trespassing hunters a light scolding.We suggest that strictly enforced fines
combined with the potential loss of a hunter's license would be taken more seriously by offenders.
We, the undersigned, appreciate your careful consideration of these matters and hope that legislation is
passed to make hunting with bows and guns, or any other lethal weapon,illegal within the city limits of
Atascadero so that residents and their children may again feel safe in their neighborhoods.
025