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HomeMy WebLinkAboutMinutes 022592 Minutes Approved as Submitted Meeting Date: 4/14/92 ATASCADERO CITY COUNCIL FEBRUARY 25, 1992 MINUTES The Mayor called a special open session to order at 6: 15 p.m. for purposes of receiving the auditor's report for fiscal year 1990-91 and to review mid-year budget adjustments. Present were council- members Borgeson, Nimmo, Dexter and Mayor Shiers. (Councilman Lilley - absent, budget session, only) . Formal roll call and the Pledge of Allegiance were deferred to the onset of the regular session. FY199O-91 FINANCIAL AUDIT REPORT: Fred L. Glenn of the accounting firm Glenn, Burdette, Phillips & Bryson, was present and provided an overview of the City' s financial audit. He described the report as accurate and reliable and mentioned that most of the recommendations for internal control had already been corrected or implemented. Mr. Glenn, responding to inquiry from Councilwoman Borgeson, indicated that he was comfortable with the City' s debt service. Mayor Shiers observed that journal adjustments had decreased. The City Manager pointed out that while the fund balance had dropped during fiscal year 1990-91, a key factor to consider was that significant one-time expenditures for improvements had been completed. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to accept the City's Audited Financial Reports for the fiscal year ending June 30, 1991; motion passed 4:0 by roll call vote. MID-YEAR BUDGET ADJUSTMENTS: Mark Joseph, Administrative Services Director, presented the staff report and noted that if the mid-year budget adjustments were approved as recommended, staff would bring back a resolution for formal action by the Council at the next regular meeting. He mentioned that staff was asking Council to drop Item #8, adjustments for animal control services, because the joint program with the City of Paso Robles would not be realized this fiscal year. Because of this, he reported, the City would continue to receive services from the County. He explained that $45,000 had been budgeted for animal control services for the year and projected that actual costs would range between $60-65,000. An adjustment, he noted, would be requested at year-end. Greg Luke, Public Works Director, provided an explanation of why additional appropriations for engineering plan checking was needed. He reported that staff's goal was to move closer to a full-cost recovery fee and proposed that he bring back a resolution modifying engineering fees at the next meeting. Discussion followed regarding the Public Works Director' s request to increase the minor road improvement budget by $100,000 in order to correct a variety of historic drainage conditions. (Councilman Nimmo, because some of the proposed improvements might involve streets adjacent to property in which he has a financial interest, stepped down from the discussion. ) Mark Joseph pointed out that there would be an ample allocation from gas tax dollars to address the drainage problems. The City Manager added that the major areas have been identified and mentioned that many, significant repairs could be achieved. In addition, he emphasized that staff was not asking for an additional appropriation, but rather a re-allocation of funds. Councilwoman Borgeson shared concern for a drainage problem recently experienced on Mercedes Avenue and asked what the status on it was. Greg Luke estimated that it would cost $10-15,000 to remedy that particular situation and added that most of the other projects identified would also be in that range. Councilwoman Borgeson indicated that she would like to know what areas have been identified. Mr. Windsor remarked that staff would provide Council with a list. (Councilman Nimmo re-joined the Council for further deliberations) . Councilwoman Borgeson, referring to Item #12, ' additional support for the City Attorney's Office, asked for an accounting of costs for each attorney. She explained that although she was not worried about Art Montandon's fees, she did have some concerns about the costs associated with special counsel. Mark Joseph remarked that he would provide such a breakdown. Councilman Nimmo stated that he presumed at budget time staff would have some specific recommendations for tighter control over legal costs. Mr. Windsor, on a related issued, reported that Councilman Lilley had shared concern for a recent request for legal opinion and would be bringing the matter to the attention of the Council under "Individual Determination" . Councilman Nimmo asked the Public Works Director if some engineering plan checking was currently being down in-house. Mr. Luke responded that staff does do some small commercial projects. Councilman Nimmo asked if the Folkins & Folkins fueling station CCO2/25/92 Page 2 project was done by an outside consultant or in-house by staff. The Public Works Director replied that the project had been checked by a former member of staff. Acting Fire Chief, Mike McCain, provided an overview of his memo to Council dated January 28, 1992 recommending a short term answer for vehicle replacement. Recognizing the state of the budget, Chief McCain reported that it would not be feasible to purchase another $125,000 piece of equipment this year or even next year. He proposed, instead, that the present brush engine be upgraded to current safety standards and alterations be made to the rescue unit. These improvements, he projected, could be as low as $6- 10,000. Mark Joseph summarized preliminary FY91-92 year-end projections and highlighted the "good news" and the "bad news". Mr. Windsor pointed out that revenue from sales taxes were down and summarized three viable options, as follows: 1) delete/defer some capital expenditures, 2) reduce current expenditure levels by 7 to 10 percent and 3) pursue supplemental revenue enhancements. Councilwoman Borgeson noted that interest rates on investments had also fallen. At 7:02 p.m. , Mayor Shiers closed the discussion and called a short break. No action was taken. At 7: 15 p.m. , the mayor called the regular meeting to order and Councilman Dexter led the Pledge of Allegiance. The Clerk called the role. ROLL CALL: Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Rorba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative CCO2/25/92 Page 3 Services Director; Greg Luke, Public Works Director; Bud McHale, Police Chief and Mike McCain, Acting Fire Chief • Presentation of Stork Pins to Firefighters (Acting Chief McCain) Acting Fire Chief, Mike McCain presented firefighters Scott Satterthwaite, Keith Aggson and Jerry Pickard with "Stork Pins" in recognition of their emergency attention to a woman in labor. He described the incident and reported that the men were trained by Atascadero paramedics Kurt Stone and Fred Motlo. Congratulations were extended. PROCLAMATION: • American Red Cross, S.L.O. County Chapter, 1175th Birthday Celebration", March 11, 1992 Mayor Shiers read the proclamation and presented it to Jeannie Nix, Executive Director of the San Luis Obispo County Chapter of the American Red Cross. COMMUNITY FORUMS Russ Kolemaine, 4580 Potrero Road, read a prepared statement (see Exhibit A) and presented a petition (on file with the City Clerk) to the Council objecting to a "no-smoking" ban citywide. Eric Greening, 7365 Valle, spoke in support of a smoking ban and protecting the health of the public. James Patterson, member of the Atascadero Native Tree Association, announced events scheduled for Arbor Day, March 7, 1992. Randolph Lawrence, Atascadero resident and physician, stated that there was well-documented evidence of the negative results of second-hand smoking and urged Council to work together with the community in setting a good example for the young people. Micki Korba, City Treasurer, mentioned that many of the signatures on the petition presented by Mr. Kolemaine were not area residents. She pointed out that a petition in favor of a smoking ban submitted in November of 1991 was signed only by Atascadero residents. Gloria Pears, of Atascadero, voiced opposition to a smoking ban. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as CCO2/25/92 Page 4 follows) : 1. S.L.O. Area Coordinating Council (SLOACC) & S.L.O. Regional Transit Authority (SLORTA) - Councilwoman Borgeson reported that SLOACC had directed staff to explore transit funding formulas and looked at the draft Rail Improvement Feasibility Study. She also reported that SLORTA had approved a new budget. Mayor Shiers remarked that he had received calls in support of an Amtrak rail stop in Paso Robles. 2. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that Greg Luke would be representing Atascadero at the next meeting to be held on Thursday, February 27, 1992. 3. Recycling Committee - Mayor Shiers reported that the committee had met and formed sub-committees. He indicated that an informational brochure would be updated soon and explained that new members were to be appointed later in this meeting (see Item #D-3) . 4. Economic Opportunity Commission - Councilman Dexter announced the next meeting to be Thursday, February 27, 1992 and the topic of discussion would be the homeless shelter. 5. City/School Committee - Councilman Dexter reported that the committee had met on the 20th of February. The City Manager stated that the major topic for discussion was the homeless and reported that Supervisor David Blakely would be establishing a North County Task Force to address the problem. In addition, Mr. Windsor noted that the committee had discussed traffic situations near schools. Councilwoman Borgeson asked when the School District would be removing old chicken coops near the new San Benito Elementary School. Andy Takata reported that this location was owned by the School District and was the designated site for a new junior high school. He added that he would look into the question. 6. County Water Advisory Board Councilwoman Borgeson reported that she had attended the last meeting at which delegates looked at advisory measures for the "State Water" project. This matter, she announced, would soon be before the Board of Supervisors. CCO2/25/92 Page 5 7. Economic Round Table - Councilman Lilley remarked that the round table had met and finalized a presentation to the Council set for the first meeting in March. S. Colony Roads Committee - The City Manager reported that the committee had met on the 20th of February. The base data, he explained, has been compiled and the next step will be to determine how costs will be shared among the jurisdictions. He stated that he and Mary Gayle, Assistant City Attorney, were endeavoring to set a meeting with County officials in early March. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CONSOLIDATED TREASURER'S REPORT — JANUARY, 1992 2. RENEWAL OF RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) CONTRACT 3. 1991 SAFETY AUDIT (Informational) 4. CADET FIREFIGHTER PROGRAM MOTION: By Councilman Dexter, seconded by Councilman Nimmo to approve the Consent Calendar; motion carried 5:0 by roll call vote. C. HEARINGSz Mayor Shiers moved Item #C-2 up. 2. URGENCY ORDINANCE NO. 239 - Consideration of Urgency Ordinance to permit public animal hospitals as an allowable use in the CT Tourist Commercial Zone (4/5 vote required) (Recommend motion to waive reading in full and approve on single reading, by title only) Mayor Shiers announced that due to negative response from the public to the site chosen for an animal shelter, staff was recommending that the matter be removed from the agenda and, further, that Council take no action on the urgency ordinance. He assured the public that before anything more is done on this matter, a full public hearing would be held. Councilman Nimmo emphasized that the site would no longer be considered. Councilwoman Borgeson thanked the Homeowners' Association for sponsoring an informative meeting on the topic and commended staff for presenting the City's rationale behind the proposal. CCO2/25/92 Page 6 MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to remove the item from the agenda; motion carried unanimously by voice vote. 1. FACTORY OUTLET RETAIL CENTER - Public Hearing to consider cer- tification of Final Environmental Impact Report and approval of proposed 89,067 sq. ft. Factory Outlet Shopping Center at 2100 L1 Camino Real (southwest corner of Del Rio Rd. & E1 Camino Real--Netanel, Inc./Golden West Development) A. Ordinance No. 240 Amending Map 4 of the Official Zoning Maps by rezoning certain real property at 2100 El Camino Real from CN to CPK (PD1) (Commercial Park Planned Devel- opment No. 1) (Zone Change 09-91 - Camino Real Fashion Outlet/Golden West) (Recommend motion to waive reading in full and approve on first reading, by title only) B. Tentative Parcel Map 07-91 - Combining five (5) lots into two (2) lots (6.96 ac. center and gas station site) C. Conditional Use Permit 04-91 - Approving the Camino Real Fashion Outlet Center Henry Engen introduced the item and turned the presentation over to Doug Davidson, Senior Planner. Also present was David Foote of Site and Environmental Design (SEDES) , who prepared the Environ- mental Impact Report (EIR) on the proposed project. Mr. Davidson reported that the impacts identified by the EIR could be mitigated or reduced significantly and staff was recommending approval of the project. He added that the proposed factory outlet will provide economic benefit to the City and meet its' fair share of public improvements. Council questions followed regarding traffic and signalization on the overpass. Councilwoman Borgeson voiced concerns about sewering the project and asked staff if the area property owners were notified about the proposed extension of the sewer line. Mr. Engen reported that owners of lots within a 300 foot radius were notified and ads were placed in the newspaper for public hearings before the Planning Commission and City Council. He explained that the General Plan calls for sewer service for commercial zoning on the west side of El Camino Real and indicated that the Urban Service Area includes all the subject property south to the existing mortuary. This area, he continued, would have a forced main sewer line and the project would not provide direct sewer hook-up for intervening properties. Councilwoman Borgeson remarked that initially the project was proposed to have a septic system and stated that she did not feel the sewer now proposed was adequately addressed in the EIR. CCO2/25/92 Page 7 Discussion ensued regarding traffic at the intersection of San Anselmo and El Camino Real. David Foote advised that existing traffic conditions do not warrant any improvements. Councilwoman Borgeson disagreed stating that the factory outlet would have an adverse effect on the entire corridor. Greg Luke, Public Works Director, explained the recommendations regarding traffic signals. He reported that the proposed signal at Del Rio Road and El Camino Real would be installed concurrent with construction of the factory outlet. As an alternative to the widening of the bridge overpass on Del Rio, two additional signals would be required, he reported, but deferred to allow occupancy with his concurrence. He explained that the process to install these signals would be lengthy because they are in CalTrans' right- of-way and the State had not indicated any willingness to accelerate the process. Councilwoman Borgeson opposed the recommendation to defer the signals. The mayor asked the Acting Fire Chief to comment on whether there was sufficient water to serve the area. Mike McCain reported that the original test indicated that there was a problem, however it was determined that a numerical error had been made and he had since issued a second opinion that there was adequate water to serve in case of fire. Public Comments: Applicant Richard Shannon of Golden West Developers spoke in support of the project and addressed concerns relating to traffic and sewer. Ray Johnson, President of the Atascadero Chamber of Commerce and member of the Atascadero Economic Round Table, urged approval of the fashion outlet because it would induce business in the downtown. Bili Mazzacane, Executive Manager of the Atascadero Chamber of Commerce also spoke favorably about the project. Eric Michielssen, Chairperson of the Chamber's Tourism Committee, indicated that he believed the outlet center would lure new consumers to the downtown. He added that he was speaking on behalf of the owners of the Carlton Hotel and thrift store who agree that the project would provide great additional shoppers and tourists to the area. Eric Greening expressed support and offered two suggestions. He proposed that the parking lot include appropriate parking for tour buses and mentioned that he would prefer to see impervious materials around the drip lines of the oak trees. In addition, he CCO2/25/92 Page 8 commented that he would like to see a good restaurant on the site. Madeline Kinney, 2405 E1 Camino Real, asked why it was that she could not hook into the sewer line when it would, in fact, go right across her property. The Community Development Director explained that in order for the east side of E1 Camino Real to be served by sewer, the General Plan would have to be amended to include that area in the Urban Services Line. Because it is not now in the Urban Services Line, he clarified, it cannot be served. The Public Works Director provided additional details about the proposed sewer line. Doug Lewis, Tunitas Avenue resident, inquired about the heights of the towers. Mr. Davidson reported that the proposed towers did exceed height limitations but would not be inhabitable. Approval was similar to the architectural design of the existing Santa Lucia National Bank, he said. Randolph Lawrence, 4600 Obispo Road, shared his concern for traffic congestion at peak times and asked if there were plans for widening E1 Camino Real south of Del Rio Road to include a left-hand turn lane. The Public Works Director indicated that the three signals would be interconnected and would operate in conjunction with each other to avoid bottlenecking. In addition, he reported that the City would be requiring an eight-foot turn lane into the outlet center with a bike lane that will tape off to the south. Marianne Butler, 4900 Del Rio Road, voiced apprehension about increased traffic due to the outlet center and the two new schools. Jan Bewley, 12090 San Marcos Road, spoke in support of the project and cautioned the Council against trying to solve all the traffic ills of the City through this one application. John Cole, 8710 Sierra Vista Road, favored the project and asked if the City would share any fiscal responsibility. Greg Luke remarked that the City is not putting any funds into the project. Yehuda Netanel, president of California Factory Stores, addressed some of the public's comments. He advised that the parking lot was designed to include parking for three buses. He noted that traffic figures proposed are the worst-case scenario for a Saturday afternoon and stated that this would not conflict with school related traffic. He projected the outlet center would gross 20-25 million dollars per year and provided additional points in support of the project. -End of Public Testimony--- Individual Council comments followed. Councilman Nimmo indicated CCO2/25/92 Page 9 that the fashion outlet would be a key to unlock the downtown and provide revitalization for the City' s economy. He commended the applicant, his representative and staff for their work on the project. Councilman Dexter also expressed support, but mentioned that he would have liked to see the project be larger than what was proposed. Councilman Lilley indicated that he had been in favor of the project from the onset and believed the land use and CEQA impacts had been adequately addressed. Councilwoman Borgeson voiced opposition to the project and stated that her reasons centered around the conditions of approval. She voiced disapproval with not requiring the bridge to be widened and for allowing two of the three signals to be deferred. She indicated that she did not believe all the impacts had been addressed and shared concern about the negative effect the fashion outlet would have on downtown businesses, especially the clothing stores. In addition, Councilwoman Borgeson relayed that many of the neighbors were against the project Mayor Shiers indicated that while he had some of the same concerns as Councilwoman Borgeson, he would support the project because of the positive benefits it would have on the City. Mentioning the delays in getting the signal at the intersection of Morro Road and Atascadero Avenue, the mayor asserted that he wanted to see all three lights installed as soon as possible. He also remarked that he believed the summary of projected costs to the City had been underestimated by as much as twenty percent, but proclaimed that the project still had potential to bring a substantial net worth to the City. MOTION: By Councilman Lilley, seconded by Councilman Nimmo that the Final Environmental Impact Report be certified as an adequate document under the provisions of CEQA and that Zone Change 09-91 be approved based on the Findings found in Ordinance No. 240; motion carried 4:1 (Councilwoman Borgeson opposing) . MOTION; By Councilman Nimmo, seconded by Councilman Lilley that Tentative Parcel Map 07-91 be approved based on the Findings for Approval in Attachment "Q" and Conditions of Approval in Attachment "S"; motion carried 4:1 (Councilwoman Borgeson opposing) . MOTION By Councilman Nimmo, seconded by Councilman Lilley that Conditional Use Permit 04-91 be approved based on the Findings for Approval in Attachment "R" and the CCO2/25/92 Page 10 Conditions of Approval in the revised Attachment "S"; motion carried 4: 1 (Councilwoman Borgeson opposing) . Mayor Shiers called a break at 9:40 p.m. The meeting was reconvened at 9:55 p.m. D. REGULAR BUSINESS: 1. TENTATIVE PARCEL MAP 91-009, 9300 CORRIENTE - FINDINGS FOR DENIAL OF PROPOSED DIVISION OF 8.21 ACRE PARCEL INTO TWO 4.1 ACRE LOTS (Young/Cuesta Engineering) (Cont'd from 2/11/92) The City Attorney requested a two-week continuance of this item to allow him time to review the record and draft the findings in proper form. He advised that since the public hearing had been closed, no further public input should be received. MOTION: By Councilman Dexter, seconded by Councilman Lilley to continue the matter; motion unanimously carried by voice vote. (Matter calendared for March 10, 1992. ) 2. PROPOSED RENEWAL OF DAVE TRANSPORTATION SERVICES, INC. , DIAL- A-RIDE CONTRACT Greg Luke provided the brief staff report and recommended approval of the contract renewal. Councilwoman Borgeson mentioned that the Area Council would be reviewing the Short-Range Transit Plan for Dial-A-Ride and asked if it would be more appropriate to wait until after this has been completed. The Public Works Director reported that two studies were being conducted: the Short-Range Transit Plan and the Performance Audit; he recommended against waiting on this matter. Councilwoman Borgeson asked who reviewed mileage logs. Mr. Luke replied that this task was assigned to the Finance Department. Councilwoman Borgeson asserted that the City needs to make sure contract provision #28 is being adhered to. MOTION: By Councilwoman Borgeson, seconded by Councilman Nimmo to approve the proposed Amendment No. 2 to the Agreement for Provision of Dial-A-Ride Services with Dave Transporta- tion Services, Inc. ; motion carried 5:0 by roll call vote. 3. RESOLUTION NO. 21-92 - APPOINTMENT OF NEW MEMBERS TO THE RECYCLING COMMITTEE CCO2/25/92 Page 11 Mayor Shiers reported that five citizens had expressed interest in serving on the Recycling Committee and asked for a motion to adopt Resolution No. 21-92 making the appointments official. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to waive the interviewing procedure for new committee members and approve Resolution No. 21-92 appointing the following citizens to the Recycling Committee for a term of two years each: Patricia Frank, Joyce Lew, Sandye Tillson, Michael Hordeski and Susan Marsh. Motion carried unanimously. 4. D.A.R.E. PROGRAM - DONATION OF VINTAGE CAR Police Chief, Bud McHale, provided the details of a proposal from Del McCulley on behalf of the Mid-State Muscle Cars Club for the donation of a reconditioned vintage sedan. The car, he explained, would be marked and equipped for use as a Police/D.A.R.E. public relations vehicle for use at special events. He noted maintenance costs would be minimal. MOTION: By Councilman Lilley, seconded by Mayor Shiers to approve the donation of a vintage Police Car/D.A.R.E. vehicle to the City; motion unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION ANDIOR ACTION: 1. City Council Councilman Lilley shared concern regarding a recent request for legal opinion from Planning Commission Chairperson George Luna. He indicated that he believed it inappropriate for staff or any appointed board member to make such a request without Council consent and asserted that the Council must retain and regain control over rising legal costs. Mr. Windsor reported that while he did not have administrative control over the City Attorney, the Council had allowed him to make certain determinations on requests for legal opinions. He proposed that Council may prefer to review requests made by a board/ commission member, or from the public but suggested that, where staff is concerned, it continue to leave some discretion to him, or a subcommittee, because it may not always be in the best interest to wait. Councilwoman Borgeson commented that the procedure should come back as an agenda item. Council concurred. Councilwoman Borgeson remarked that she, at the last meeting, had mentioned a letter from David Duncan regarding a denied request to CCO2/25/92 Page 12 carry a hand gun and had expected to see the matter on the agenda. The City Manager indicated that the item would be scheduled for the next meeting. 2. City Treasurer Micki Korba, City Treasurer, reported on her recent attendance at a series of financial workshops held at Los Angeles City Hall. She stated that she had listened to encouraging comments from State Treasurer Kathleen Brown regarding the economy of the state. In addition, she reported that the overall message seemed to be that it is no longer business as usual, but rather the time has come for change and reform. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10:20 P.M. THE NEXT REGULAR MEETING OF THE ATASCADERO CITY COUNCIL WILL BE ON TUESDAY, MARCH 10, 1992 AT 7:00 P.M. MINUT CnRDE D PREPARED BY: LEE RAB61N, itW Clerk IV- Attachment: Exhibit A (Kolemaine) CCO2/25/92 Page 13 00O2/a5/9a EXHIBIT A > > > > > > > > > > > > > > > > > > > > > RSK < < < < < < < < < < < < < < < < < < < Russell S.Kolemaine/P.O.Box 1990/Atasoadero/CA 93423/(805)46643200(Voice/FA)Q City Council CITY OF ATASCADERO ATTN: Alden Shiers, Mayor 6500 Palma Avenue Atascadero CA 93422 25 February 1992 SUBJECT:Business smoking ban Sir: On January 28, a motion was passed by City Councildirectii City staff to draft a revised smoking ordinance that would meld two options presented to Co c4 to be presented for passage to the City Council.The wording of these two options was as follows: `3.Adopt a prohibition less stringent than San Luis Obispo, (e.g.,allow smoking in bars,phasing out smoking in restaurants, etc.) 4.Adopt a policy to encourage reduced public smoking based on voluntary compliance through continued education. Comments made by some council members at the time indicate a clear intention to "phase out smoking in restaurants, etc" within a period of only a few months after passage of such an ordinance. Proponents of this ban have indicated that the term "etc"would eventually include all Atascadero business locations, indoors and out,not just restaurants, regardless of (a) effective existing smoking policies already established by business owners, (b) the private property rights of individually-owned small businesses, and (c) the fact that over 30%of licensed Atascadero,businesses are operated out of private residences; among other matters relevant to this issue. Because of the threatened business disruptions this proposed ordinance would entail, the undersigned Atascadero citizens and business owners formed an ad hoc committee to demonstrate the true degree of public support, or lack thereof for such an ordinance, and to offer City Council an alternative means to address the perceived problems of those attempting to exercise their control over private business premises in the name of"imminent public health concerns". Accordingly, starting February 3, this committee drafted and began circulation of the advisory petition here submitted. Our petition calls upon the City Council to support the existing efforts of business owners to regulate smoking on their own privately-owned premises and to balance the interests of all their customers, smokers and non-smokers alike. The committee is pro-business, not a "pro smoking" committee. The members of the committee and most petition signers fully support the broad goal of reduced smoking in America, and the Council instruction stated in Option#4, above. (Continued) 0UUtt;)0 ATASCADERO CITY COUNCIL 25 February 1992 Page Two The committee, and those who helped gather signatures, also support the need to give fair warning to non-smoking persons regarding the smoking policies in effect on business premises, and therefore endorse the recommended revision to Atascadero City Code Title 6, Chapter 6, which is also attached here. As of this date, only three weeks after release, 2695 individuals of voting age have signed this and a similar petition, not circulated by the committee, also here included. The numbers of Atascadero residents agreeing with the aim of reducing further interference with businesses in this community totals 1325 adults, of whom 526 indicate they are non-smokers. Another 1405 persons, including 365 non-smokers living in other communities (Templeton, Santa Margarita,Paso Robles, etc)who regularly trade in Atascadero, and whose trade is vital to a healthy business environment,have indicated their support through this petition, the only viable means available to them for expressing their concerns to.our City Council. An additional 107 persons, 40 non-smokers, addresses uncertain, have also signed this, while an additional 200 have signed the supportive petitions circulated by others and included here. Of the 2495 signers who indicated their smoking preferences, 931 or 37.2%are non-smokers. We would like to paint out these numbers are significantly greater than the purported 860 persons who signed a previous petition circulated by supporters of a smoking ban in all "public" places,irrespective of ownership or existing private regulation policies. Therefore,we herewith respectfully request the City Council give due regard to this expression of broader public support for continued self-regulation of smoking by business owners before considering further changes to existing municipal smoking regulations. Thank you, ter ay 8451 1 Camino al c a awa t K575 o eatlop o em eameam P.O. Box 1990 _.. a � 6901 EI Camino Real 9 4 t any ors. 6645 M rro Road (ENCL) 1 > > > > > > > > > > > > > > > > > > > > RSK < < < < < < < < < < < < < < < < < < < Russell S.Kolemalne/P.0.Box 1490/Ataseadero/CA 93423/(805)466.8200(Voioe/FA)Q RECOMNMNDED REVISIONS OF ATASCADERO CITY CODE,TITLE 6,CHAPTER 6 DISCUSSION DRAFT ONLY [Text in boldface indicates suggested new language. S—*1r$tbFeagb indicates suggested deletions. ] Sec. 6-6.02 Purpose. (c) For the purpose of protecting the health and welfare of the public in privately-owned indoor business premises accessible or otherwise open to the general public, it is necessary to provide fair warning regarding smoking policies in effect on such premises. Sec. 6-6.05 Posting of signs. (a) Signs which designate the "no smoldng" areas in City-owned, operated, leased or managed buildings, structures and indoor facilities designated by this chapter shall be conspicuously posted in every room, building, facility or other place so covered by this chapter. The manner of such posting shall be at the discretion of the City Manager and/or his designee. The City Manager and/or his designee shall determine the manner for posting such signs on the basis of clarity, sufficiency and conspicuousness [ar-e-uppaftat] in communicating the intent of this chapter. (b) Signs which designate smoking policies in privately-owned and operated indoor business premises accessible to the public designated by this chapter shall be conspicuously posted by the business owner or manager outside and near the entrance(s) of the premises to provide fair warning regarding smoking policies in effect on suchpremises.The business owner or manager shall determine the manner for ;posting on the basis of clarity, sufficiency and conspicuousness in communicating the intent:of this chapter. Depending on the policy in force, wording of such signs should state: (1) SMOKING NOT PERMITTED ANYWHERE IN THESE BUSINESS PREMISES SE PROHIBE FUMAR EN TODD ESTE NEGOCIO (2) SMOKING IS PERMITTED ONLY IN DESIQNATED AREAS OF THESE BUSINESS PREMISES SE PERMITS FUMAR UNICAMENTE EN CIERTOS PARTES DE ESTE NEGOCIO (3) SMOKING IS PERMITTED ANYWHERE IN THESE BUSINESS PREMISES SE PERMITE FUMAR EN TODO ESTE NEGOCIO [No other changes recommended] �ll��Il►e`�„