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HomeMy WebLinkAboutMinutes 121091 Approved as Submitted 1/14/92 ATASCADERO CITY COUNCIL MINUTES December 10, 1991 The Special Session was commenced at 6:30 p.m. Roll Call: Present: Councilmembers Borgeson, Dexter, Lilley and Mayor Shiers Absent: Councilman Nimmo Also Present: Micki Korba, City Treasurer Staff: Ray Windsor, City Manager, Henry Engen, Community Development Director; Greg Luke, Public Works Director; Mark Joseph, Administrative Services Director; Steve DeCamp, City Planner; Cindy Wilkins, Deputy City Clerk. FISCAL IMPACT MODEL DEMONSTRATION: Consultants of Crawford, Multari & Starr provided a brief overview of the Fiscal Impact Model and demonstrated some of its capabi- lities. Examples of commercial and residential projects were simulated, reviewed and discussed with Council. Mayor Shiers called the Regular Session to order at 7:10 p.m. and apologized for the delay, which was due to the presentation of the Fiscal Impact Model. The Pledge of Allegiance was recited. Roll Call: Present: Councilmembers Borgeson, Dexter, Lilley and Mayor Shiers Absent: Councilman Nimmo Also Present: Micki Korba, City Treasurer Staff: Ray Windsor, City Manager; Mark Joseph, Dir. of Administrative Services; Henry Engen, Dir. of Community Development; Greg Luke, Dir. of Public Works; Art Montandon, City Attorney; Lt. Bill Watton, Police Dept. ; Andy Takata, Dir. of Com- munity Services; Cindy Wilkins, Deputy City Clerk. COUNCIL COMMENTS: Councilman Dexter thanked the public for the approx. $5,000 which has been donated thus far to the Salvation Army during its bell- ringing drive. He invited persons interested in volunteering for bellringing to contact him. Councilwoman Borgeson congratulated the Atascadero High Greyhounds football team on a champions' effort in last week's CIF game, despite the absence of three starting team members, who were unable to play due to injuries sustained in a vehicle accident prior to the game. The coaching staff and team were congratulated on a fine season. Presentation to employees Georgia Ramirez and Officer Ren Spann regarding City's Volunteer Program Mayor Shiers presented the above employees with City watches in recognition of their efforts in coordinating the City's RSVP Program. It was noted that the RSVP Board of Directors recently recognized the program at the Atascadero Police Dept. as the best volunteer work site in the County. The amount of volunteer time to date equates to two full-time positions, representing an annual savings of approx. $60,000. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Dr. , read a letter-to-the-editor, dated 12/2/91 (Exh. A, attached) , which expresses his convictions in opposition to the Highway 41 Realignment and urges the public to petition the City Council to remove it from the General Plan. Richard Bastian, 6225 Conejo Rd. , expressed opposition to the creek setback ordinance, feeling it would infringe on private properties; he urged Council to consider comments in support of as well as in opposition to the proposed 50' setback. Steve Pixley, 4575 Arizona Ave. , read a prepared statement, dated 12/10/91 (Exh. B, attached) , appealing City zoning enforcement action against him and three other residents on Arizona for rec- reational vehicles parked in violation of the Municipal Code. Richard Standon, 4550 Arizona Ave. , also spoke in opposition to being cited for illegally parking an RV on that -street. He indicated that he has since counted numerous RV's parked in the same general area. ccl2/10/91 Page 2 Councilmember Borgeson requested copies of the complaints from the residents on Arizona for Council to review. A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit: Councilwoman Borgeson reported that meetings were held on December 4th. She noted that the SLOACC Unmet Needs Hearing was lengthy and informative; there were many requests for additional bikeways. The SLOACC work program and budget as concerns transit funding formulas were reviewed. A budget subcommittee was formed, to which she was appointed, and it meets tomorrow morning. Mr. Luke added that the City can expect an increase in its share of the regional transit funding formula. 2. Solid/Hazardous Waste Management Committee: No report. 3. Recycling Committee: Mayor Shiers announced that the committee' s next meeting is 5:OO p.m. , Thurs. , 12/12/911 Room 102. 4. Economic Opportunity Commission: Councilman Dexter reported that he attended an audit exit session yester- day, which the EOC noted as one of the best it has had in several years. Next regular meeting is this Thurs. , 12/12/91. 5. City/School Committee: Next meets February 20, 1992. 6. Traffic Committee: No report. 7. County Water Advisory Board: Due to conflict with the Regional Transit Authority meeting, Councilwoman Borgeson was unable to attend the Water Advisory Board meeting. Eric Greening, 7365 Valle, who attended the Water Advi- sory Board meeting, reported that the board's main work currently is advising the Board of Supervisors on the State Water Project. Due to the lack of agreement among Water Advisory Board members, there are three opinion papers under preparation; the deadline for rebuttals to those opinions is December 18th. He also reported that an advisory groundwater management policy was passed. cc12/10/91 Page 3 S. Economic Round Table: No report. 9. B.I.A. : No report. 10. Colony Roads Committee: Next meeting to be in early January. B. CONSENT CALENDAR: 1. City Council Minutes - November 12, 1991 2. Resolution No. 109-91 - Updating City's Annual Investment Pol- icy 3. Resolution No. 110-91 - Authorizing filing of Claim for Local Transportation Funds & State Transit Assistance Funds, in com- pliance with the Transportation Development Act 4. Award of Bid #91-18 for purchase of one marked police patrol sedan 5. Resolution No. 111-91 - Authorizing the execution of an agreement with Associated Professions, Inc. , for design im- provements to Atascadero Road 6. Resolution No. 112-91 - Authorizing the execution of an agreement with Associated Professions, Inc. , for design im- provements to El Camino Real 7. Award of contract for maintenance of traffic signals to Lee Wilson Electric Micki Korba requested Item B-2, and Eric Greening requested Items B-3 & B-7 be pulled for discussion. Motion: By Councilman Dexter, seconded by Councilwoman Borgeson to approve the Consent Calendar, with the exception of Items B-2, 3 & 7. Motion passed by 4:0 roll-call, with Councilman Nimmo absent. Re: Item B-2: Mrs. Korba clarified that the State law which re- quired annual revision of the City's Investment Policy expired and was not repealed as staff's report indicated. Motion: By Councilman Lilley, seconded by Councilman Dexter to approve Item B-2; motion passed by unanimous voice vote, with Councilman Nimmo absent. Re: Item B-3 Eric Greening, 7365 Valle, asked for clarification as to whether this represents the last opportunity to address the possible alternate uses of the $422,000 marked for roads, in such areas as safe routes to schools or unmet pedestrian and bicycle needs, or if there will be a future date for addressing apportion- ment of the monies. Greg Luke responded by further explaining the ccl2/10/91 Page 4 TDA funds distribution process. He indicated that any excess money not already pre-allocated for other purposes--such as Dial-A-Ride and regional transportation--will be the subject of both the 5-Year CIP Hearing and the 1992-93 Budget hearings. Mr. Greening observed that there are cities that use all of their TDA entitlement for transit, bicycle and pedestrian needs, which he understands is the primary purpose of the funds. He noted, however, that he has no objection to the approval of the proposed application. Motion: By Councilman Dexter, seconded by Councilwoman Borgeson to approve Res. No. 110-91; motion passed by 4:0 roll-call, with Councilman Nimmo absent. Re: Item B-7: Eric Greening asked why the new signal at El Camino Real & West Mall was not on the list of signals to be maintained. Andy Takata responded that the signal in question, which is along the Highway 41 route, is CalTrans's maintenance responsibility. Motion: By Councilman Dexter, seconded by Mayor Shiers, to approve Item B-7; motion passed by 4:0 roll-call, with Councilman Nimmo absent. C. HEARINGS/APPEARANCES: 1. Ordinance No. 237 - Amending the Zoning Ordinance by elimi- nating Subsection (a) of Sec. 9-6.131, Recycling and Scrap, which requires a 500' distance from residential zones and other uses and zones, and requiring the urgency thereof (City Council-initiated - 4/5 vote required) Henry Engen, Dir. of Community Development, gave staff report. He noted this item requires a 4/4 vote this evening, in view of Coun- cilman Nimmo' s absence. He added that the Coast Recycling Center on El Camino Real is currently in the abatement process, as it is not a permitted use in the present zone. Public Comment Mike Sherer, resident, commended staff on the prompt action regard- ing this matter. He expressed concern with the potential allowance of wrecking yards (which are included under the "recycling facil- ity" definition in Sec. 9-6.140 of the Zoning Ordinance) within 500' of residential zones, or other uses and zones. He noted that the 500' distance requirement has been effectively used to remove illegal storage areas/wrecking yards and asked that the Council study this ordinance carefully so as not to grandfather in a great deal of the illegal uses still in existence, particularly along ccl2/10/91 Page 5 5 Traffic Way. He agrees, however, that Wil-Mar needs an allowable location for a recycling center. Discussion between Council and staff ensued regarding the concerns raised by Mr. Sherer. Motion: By Mayor Shiers, seconded by Councilman Dexter, to read Ord. 237 by title only; motion passed unani- mously. Mayor Shiers read Ord. 237 by title. Motion: By Mayor Shiers, seconded by Councilman Dexter, to approve Ord. 237. Mr. Engen clarified, at the Mayor's request, that, unlike previous types of zoning urgency ordinances, Ord. 237 would be permanently effective. Councilman Lilley expressed concern about the need to distinguish recycling operations from wrecking yards and auto wrecking yards. He would like to see staff modify this ordinance on the basis of an analysis of the classifications which will elim- inate recycling centers from other criteria. Councilman Dexter withdrew his second to the motion. Mr. Engen suggested Council's concerns be addressed by an adjust- ment in the definition of recycling to exclude auto wreckers (replacing the word "include" ) . After additional discussion, Council consensus was to direct that staff bring back a redrafted ordinance specifically targeting "recycling center", distinct and separate from auto wrecking and other kinds of scrap activities, including site design standards. Mayor Shiers withdrew his motion. This item was continued to the next regular meeting (January 14, 1992) . D. REGULAR BUSINESS: 1. Ordinance No. 236 - Adding Chapter 8, "Waterway Intrusions", to Title 5 of the Atas. Muni. Code, prohibiting specified activities in Atascadero Creek, Craves Creek and the Salinas River (Recommend motion to waive reading in full and adopt on first reading by title only) (Cont'd from 11/26/91) Greg Luke, Dir. of Public Works, gave staff report. Councilman Lilley commented that it was the consensus of the subcommittee that immediate action needs to be taken to protect the creeks from cer- tain dangers, such as pollutants, vehicles in the creek and general dumping, storage and accumulations of waste as addressed in the cc12/10/91 Page 6 6 proposed ordinance. Beyond that, it was expressed that we should develop an overall plan which, through public hearings and discus- sions, balances individuals' rights for the use of their property with environmental concerns, those of the Department of Fish and Game and other interested parties. Councilmember Borgeson feels this approach to protection of the creekway--which does not involve the taking of private property--is most positive and expressed hope for the community' s support of Council's action. She noted the creek setback issue will be addressed in the General Plan hearings. Public Comment Tom Bench, resident, feels the language defining the riparian cor- ridor intended to be protected is "catchy", in need of professional review and should be removed from the ordinance until the area is more clearly identified. Ron Rothman, 1660 San Ramon Rd. , concurred with the comments of the previous speaker that the definition of the riparian corridor is ambiguous, although he is pleased with the updated ordinance and supports its goals. He prefers use of a term such as "high water line" or "creek preserve line" rather than riparian corridor. Councilman Lilley explained that the term riparian corridor at- tempts to visibly identify what area to protect from vehicle use and dumping. Theoretically, the area of vegetation supported by water is visible. Ursula Luna, resident, read from a prepared statement (Exh. C, attached) expressing support for protection of the riparian vegeta- tion in the creeks from vehicles and pollutants; however, she opposes the deletion of the language addressing removal of that same vegetation by chainsaws. Richard Bastian, resident, feels the best way to protect the creek- ways is not to do anything to it. Sarah Gronstrand, 7620 Del Rio Rd. , expressed any creekway ordi- nance should be based on expert definition of riparian corridors and riparian area. She then quoted three definitions: (1) Ripar- ian corridor is a passage for wildlife and is defined by riparian vegetation. It begins at the water's edge and ends where there is no longer any riparian vegetation. " (from a Fish & Wildlife Service document) ; (2) "Riparian zone is the water/land interface which is part of the transition region between upland, which is the dry land, and the aquatic ecosystems (from Environmental Feature for Streambank Protection Project, by Henderson & Shields, Dept. of the Army, Environmental Laboratory) ; (3) "Define riparian corridor by ccl2/10/91 Page 7 7 the limit of riparian vegetation determined by the association of plant & animal species normally found near streams, lakes and other bodies of water. Such a corridor must contain at least 50% cover of some combination of the plants listed. . . " (from San Mateo County, which she noted is held up as a model for resource protection poli- cies) . She expressed support for the proposed ordinance. Council discussion ensued. Councilman Dexter noted the ordinance language provides that the definition "riparian corridor" shall apply until superceded by an Official Creekway Map. Mayor Shiers asked if the committee had examined protection for the trees in the riparian corridor. Councilman Lilley responded that the committee felt that any potential policy decisions beyond the proposed ordinance regarding the management of the varieties of vegetation in the creekways would best be deferred to future study and consideration. Councilmember Borgeson responded that the pro- posed ordinance is intended as an initial and immediate protection. Mayor Shiers clarified that the proposed ordinance does not address the subject of pathways or people trespassing on private property. Motion: By Councilman Dexter, seconded by Councilman Lilley, to read Ord. 236 by title only; motion passed unanimously. Motion: By Councilwoman Borgeson, seconded by Councilman Lilley, to adopt Ord. 236 on first reading; motion passed by 4:0 roll-call, with Councilman Nimmo absent. COUNCIL RECESSED FOR A BREAK FROM 8:27 TO 8:46 P.M. 2. Presentation by North County Engineering on proposed City Engineering Standards (Steve Sylvester) Steve Sylvester provided a brief overview of the Draft Engineering Standards, reiterating staff's recommendation seeking Council authorization to distribute the document to the public, including the local engineering and surveying firms for their review, and to schedule a public hearing for adoption in January. He added that the specifications have been compared with those of the County and area cities. He then responded to questions from Council. He highlighted the following additions, at Councilwoman BorgesonIs request, which were cc12/10/91 Page 8 8 made after discussion with staff subsequent to the distribution of the first draft of the standards: 4.01 (A-5) Collector. The last sentence, "The Collector des- ignations shall also apply to industrial zonings", was added, as there is no separate industrial street standard. 4.02 (B) Cross Gradients. The last sentence, "Wherever fea- sible a 2% cross grade shall be used", was added, which is a standard cross grade on a public street. 4.02 (C-3) Intersections. Minimum curb radius and minimum property line radiuses were added following staff request to conform to City policy. Mr. Sylvester also noted an addition was made to Section C-2, Basement Soil, clarifying the compaction requirements for the basement soil. Mayor Shiers requested the addition of language which specifies a timeframe within which a developer shall correct any particular defects or deficiencies (Sec. 3.03, Final Inspection, p. 11) . There was no public comment. Council expressed its pleasure with the document. No formal action was taken. It was agreed that a public hearing date will be set after allowing ample time for review by concerned parties. 3. Approval of Contract for Engineering Services for Recovery of Reclaimed Water Greg Luke, Dir. of Public Works, gave staff report and responded to questions from Council. Discussion ensued. There was no public comment. Motion: By Councilman Lilley, seconded by Councilman Dexter, to award the Contract for Engineering Services for Recovery of Reclaimed Water to John Carollo Engineers; motion passed by 4:0 roll-call, with Councilman Nimmo absent. Councilman Lilley expressed the hope that the discussion on this item becomes a part of the working documents of the City. He feels it's excellent and will serve as a guide to avoid future problems of this kind. On that note, Mr. Luke added that there are some cc12/10/91 Page 9 9 model ordinances in existence which guide the selection of consul- tants, which staff would like to bring before the Council at a future date for consideration. 4. Ordinance No. 235 - Amending Title 6, Chapter 6 of the Atasca- dero Municipal Code regulating smoking in City facilities There was no verbal staff report made, and there was no public com- ment. Motion: By Councilman Dexter, seconded by Councilwoman Borgeson, to read Ord. 235 by title only; motion passed unanimously. Motion: By Councilman Dexter, seconded by Councilwoman Borgeson, to approve Ord. 235 on second reading; motion passed by 4:0 roll-call, with Councilman Nimmo absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council - Mayor Shiers announced that a representative of the Homeless Shelter in San Luis Obispo met with staff yesterday to request that the armory be opened for use as a shelter to which homeless could be bussed from San Luis Obispo to Atascadero. Mayor Shiers relayed his feeling and staff' s that a public hearing was in order before any approval. The soonest meeting date noted was Dec. 19th which is, however, dedicated to the General Plan Update Hear- ing. Ray Windsor, City Manager, noted that the lead agency in the matter is the County, which would not make an approval without the City' s assent. He reported that staff expressed to the shelter represen- tative that to hold a public hearing without input from the School District would not be appropriate--given the concerns with regard to the proximity of the armory to an elementary, the junior high and a pre-school--nor could it be accomplished by 12/19. The EOC's need for a decision is immediate, because the shelter is proposed to be open only through mid-February. Discussion ended. Councilwoman Borgeson commented on Item B-4, feeling it relates to the previous discussion on bids and requests for proposals (Item D- 3) . She would like to see the bids awarded locally where the bid amounts are so close. cc12/10/91 Page 10 10 City Manager - Ray Windsor reported he will be out of the country from Dec. 26th through January 18, 1992. COUNCIL ADJOURNED AT 9:25 P.M. TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING POTENTIAL LITIGATION, ENTITLED PESENTI v. CITY OF ATASCADERO, PURSUANT TO GOVT. CODE SEC. 54956(a) . Motion: By Councilwoman Borgeson, seconded by Councilman Dexter, to adjourn from closed session; motion passed unanimously. There was no action taken following the closed session. COUNCIL ADJOURNED TO A SPECIAL MEETING ON THURSDAY, DEC. 19, 1991, 7 :00 P.M. FOR PURPOSES OF GENERAL PLAN UPDATE. Minutes recorded and prepared by: CINDY WILKIN Admin. Secy./Dep. City Clerk Attachments: Exh. A from Raymond K. Jansen, dated 12/2/91 Exh. B from Stephen J. Pixley, dated 12/10/91 Exh. C from Ursula Luna, dated 12/10/91 ccl2/10/91 Page 11 11 EXHIBIT A TO CITY COUNCIL MINUTES TYTrG79T 6655 Country Club Drive Atascadero, 93422 December 2, 1991 near Editor: Thank you for providing this access to the public. My complaint is with the publishers, however, because, i presume, it is their policy which has denied front-page readers the negative sife of the so-called Highway 41 "Realignment' issue. if the straightening of the highway was the crux of the issue twenty years ago it could easily have been routed over Gurbaril when very few homes were located on it. So, why didn't it? I contend the object was, and still is, the 1100 foot bridge, at the riverls widest point, pointing directly toward Shandon, and the eventual development of lands there, where there is plenty of water, and points between. �� Without that, Gal Trans could not project that 7000 cars.-per day ,,J.t de— ,,east of the river" by the year 2012. That is the fix eco which would threaten the future character of Atascadero. Conside.4 his stream of trafficnthe already impacted intersection of Santa Ysabel and k;l Camino Heal. 2. Cal Ttans personnel have told me that when gold Canyon is exhausted in 2 to 15 years the trash trucks from SLO and South county will come to Chicago tirade Landfill exiting the freeway at Santa Ysabel. if Atascadero buys this realignment package any prospect of a south truck route via halcynon-Rocky Canyon Road- Templeton Road will be dead. we should be working with the County for a bridge on Halcynon. 3. 41orth truck route via Santa Cruz to Traffic Way, with a bridge over the railroad touching the tip of River Gardens to Syctamore Road, and with a south truck in place, trucks could be banned on Carbaril, giving relief to those residents. A1%. st-tr-ways stop at Valle would also help their safety. 4. The dumping of 80,000 cu yds of earth at the entrance to stadium Park and a flood of traffic noise very near would make it inaccessible and impractical for concerts or drama in the future. 5. imagine the scar on Pine Mountain some 1500 feet long and up to 35 feet in height. reside this the loss of nearly 200 trees and 15 houses. c`oUld All lots now owned by ual TransAe� be sold for higher fi4ures and returned to the tax roles at the higher rates *&V,:taxat1,on. 6. The choice for a new and widbfr* bridge near its present site for 2.5 million compared to an outlay of 16 million for another artery to bisect EXHIBIT A, PAGE 2 CITY COUNCIL MINUTES 12/10/91 the city east to west is hardly a choice. Plain greed for the "freell state money could have motivated that earlier Council to initiate this monstrous proposal. . .Please help me to petition the present City Council to remove this entire "Realignment" rrom the General Plan. Unle:.s we speak up now. in'-tl this positive way, :and be present for the Cal Trans Hearing early next year we will have no one to blarne except ourselves. If you see me in front of Foods For Less please ask for a fact sheet and a blank petition to share with your neighbors. i will thank you. I ' e J HH OUCIL MINUTES ��c l DECEMBER 105 1991 TO: ATASCADERO CITY COUNCIL REFERENCE. CITY OF ATASCADERO LETTERY DATED NOVEMBER 251 19917 SUBJECT: TY1003 FILE N0: 91-329.003 ON TUESDAYS THE 26TH OF NOVEMBER: I: ALONG WITH 3 OTHER RESIDENTS OF ARIZONA AVE. , RECEIVED NOTIFICATION THAT THE RECREATIONAL VEHICLES PARKED ON OUR PROPERTY WERE IN VIOLATION OF A SECTION OF THE MUNICIPAL CODE AND MUST BE REMOVED. ON WEDNESDAY, THE 27THx WE CONTACTED THE COMPLIANCE OFFICIAL, MR. WITTMEYERY TO DETERMINE THE REASONS FOR HIS UNEXPECTED AND REMARKABLE INTEREST IN THESE VEHICLES. WE WERE INFORMED THAT THIS ACTION WAS THE RESULT OF A COMPLAINT RECEIVED BY HIS OFFICE AND WAS NOT DUE TO ANY ACTIVE AND/OR UNILATERAL ENFORCEMENT OF THIS PARTICULAR ORDINANCE. I AM HERE THIS EVENING TO APPEAL THIS ACTION AND I WOULD LIKE TO PRESENT THE FOLLOWING INFORMATION IN SUPPORT OF THAT APPEAL: FIRSTLYF THE COMPLAINT FILEI:t WITH THE CITY ALLEGES THAT A RECREATIONAL VEHICLE IMPARED THE ACCESS OF FIRE FIGHTING EQUIPMENT TO A RESIDENCE ON ARIZONA AVE. IF FACTP T'HE' FIRE MARSHALL WAS INFORMED MR. WITTMEYER THAT NEl Hl::f; THE: VEHICIAE IN QUESTION NOR ANY OTHER RECREATIONAL VEHICLE PARKED ON OR ABOUT ARIZONA AVE. PRESENTS AN IMPAREMEN7 T() TH : Ai::i"L:SS (:►1= FIRE FIGHTING EQUIPMENT. IN VIEW OF THIS DETERMINATION BY THE FIRE MARSHALL= I FEEL THAT THE COMPLAINT IS INVALIDATED AND THAT FURTHER ACTION IN THIS MATTER IS NOT WARRENTED. HOWEVERY THE NOTICES WHICH WE RECEIVEDY AND SUBSEQUENT INFORMATION PROVIDED PROVIDED BY MR. WITTMEYER+ REFERENCE SECTIONS OF THE MUNICIPAL CODE WHICH PERTAIN TO SETBACK REQUIREMENTS AND WHILE C CERTAINLY HAVE NO DESIRE TO OPEN THE PROVERBIAL CAN OF WORMSY I WILL ADDRESS THESE ITEMS. TO BEGIN WITH, THE MANNER IN WHICH ARIZONA AVE. I'S CONSTRUC:TEDY AND THE TOPOGRAPHY OF THE AREA, APPEAR TO INVOKE THE PROVISIONS OF SECTION 9.4-106A WHICH PERTAIN TO SLOPING LOT AND VARIABLE SETBACK ADJUSTMENTS. THIS WOULD INDICATF THAT THE 25 FOOT SETBACK REQUIREMENTY AS REFERENCED: DOES NOT APPLY TO THE LOTS ON THIS STREET. ALSO, BECAUSE THE SAME FART OF MY PROPERTY HAS BEEN UTILIZED FOR RV PARKING CONTINUOUSLY SINCE 1979► THE PROVISIONS FOR A PRE-EXISTINGY NON-CONFORMINGY LAND USE MUST BE CONSIDERED IN ACCORDANCE WITH SECTION 9.7-102. EXHIBIT B, PAGE 2 FINALLYP I FEET THAT SOME MENTION SHOULD BE MADE OF THE FACT CITY COUNCIL MINUTES THAT THE LONG TERM PARKING OF VEHICLES IN FRONT OF RESIDENCESY 12/10/92 BOTH ON; AND OFF, THE STREETY IS A COMMON PRACTICE THROUGHOUT ATASCADERO. UNDOUBTABLYy THE MEMBERS OF THIS COUNCIL HAVE THEMSELVES OBSERVED THE TRAILERSY CAMPERSY MOTORHOMESP AND BOATS WHICH ARE PARKED IN EVERY CONCEIVABLE MANNER ON VITUALLY ANY RESIDENTIAL STREET, I AGREE THAT ORDINANCES ARE NEEDED TO CONTROL THIS, AND OTHER PRACTICES. HOWEVERY I WILL ALSO ARGUE THAT IF THESE ORDINANCES ARE TO BE ENFORCEDY IT MUST BE DONE IN A UNILATERAL MANNER FOR TO DO OTHERWISE COULD ALLOW THE QUESTION OF DISCRIMINATORY PROSECUTION AND WOULDY MOST CERTAINLY, OPEN THE WAY FOR ANY INDIVIDUAL TO USE THE OFFICES OF THIS CITY AS A CONDUIT FOR HIS OR HER PERSONAL VIEWPOINTS AND GRIEVENCES. STEPHEN J. PIKLEY 4575 ARIZONA AVE. ATASCADERO Alk n �, December 10, 1991 CITY COUNCIL MINUTE EXHIBIT C Mr. Mayor and members of the Council, I am pleased that tonight you may protect the riparian vegetation of the Salinas, Atascadero and Graves Creeks from vehicles and pollutants. It is unfortunate that you deleted the section which would have protected that same vegetation from complete removal by chainsaws and brushcutters. When this Council adopted the tree ordinance, you removed all riparian trees from the ordinance. Let me read to you from this meeting out of your City Council minutes of December 11, 1990: "Discussion followed regarding possible elimination of some varieties of trees from the Tree Standards and Guidelines "List of Atascadero Trees It was noted that some trees included on the list were in the riparian area of the creek and should be addressed as part of the creekway management plan." "Councilman Shiers reiterated that all trees in the creeks should be protected as part of the future creekway protection ordinance; Council concurred." The flaw in this ordinance is that it does permit vehicles and pollutants in the creeks ---after the removal of the riparian vegetation. r ' i r t