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HomeMy WebLinkAboutMinutes 060992 Approved as Submitted Meeting Date: 7/28/92 ATASCADERO CITY COUNCIL JUNE 9, 1992 MINUTES The Mayor called the meeting to order at 7:02 p.m. Councilman Dexter led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, 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 Services Director; Greg Luke, Public Works Director; Andy Takata, Director of Community Services; Mike McCain, Acting Fire Chief; Doug Davidson, Senior Planner and Lt. Bill Watton, Police Department COUNCIL COMMENTS: Councilman Lilley recognized and congratulated Atascadero High School senior athletic scholars. PROCLAMATIONS: Mayor Shiers read the proclamation for "Special Olympics/Law Enforcement Torch Run Day", 6/15/92 and presented it to Lt. Watton. COMMUNITY FORUM: City of Paso Robles Mayor Chris Iversen, Councilman Duane Pecanso and Councilman-Elect Walter Macklin extended a hand of friendship to the City of Atascadero. Mayor Iversen reported that he would soon be asking the Council to consider a resolution of support for a North County multi-modal facility. CC 6/09/92 Page 1 Mayor Shiers introduced Councilman-Elect Marty Kudlac. Tom Jespersen, Jaime' s Flowers & Antiques, urged the Council to help local businessmen by easing regulations regarding banner signs. Frank Scicchitano, Awnings, Etc, pleaded for relief for himself and other business owners currently facing legal charges for violation of the present sign ordinance, as it relates to banner signs. He asked the Council to bring the revised sign ordinance off the back burner. Bill Mazzacane, Executive Director of the Chamber of Commerce, asked if there was a way to suspend portions of the sign ordinance and postpone pending court cases until the ordinance has been revised. Rick Grisanti, Grisanti's Hardware, asserted that the City was making a big mistake by prosecuting violators of the sign ordinance because banner signs were not harming anyone. Mayor Shiers asked the Community Development Director to provide a status report on the sign ordinance re-write. Mr. Engen remarked that revisions would be before the Planning Commission in July.. Brief Council discussion followed regarding Mr. Mazzacane' s suggestion. The City Attorney advised that the item was not on the agenda and recommended that the matter be calendared for the next meeting. Individual members of Council asked whether the City's Prosecutor, Roy Hanley, could postpone court action until the new Council is seated and/or the new sign ordinance adopted. Mr. Montandon reported that while he could convey to Mr. Hanley the Council's wishes, the Council did not have the power to give specific direction to him to delay prosecution. By consensus, Mr. Montandon was directed to contact Mr. Hanley, express Council concerns and report back in two weeks. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit - Councilwoman Borgeson provided an overview of the agendas for the meetings scheduled for June 10, 1992. 2. Economic Opportunity Commission - Councilman Dexter reported on the annual recognition dinner held recently to honor numerous volunteers county-wide. 3. County Water Advisory Board Councilwoman Borgeson CC 6/09/92 Page 2 reported that she had attended the meeting of June 3, 1992, at which time the contract for State Water was reviewed. 4. Economic Round Table - Councilman Lilley announced that he would be attending a sub-committee meeting on Friday, June 12th at Mid-State Bank regarding business retention. 5. Colony Roads Committee - Mr. Montandon reported that Wells Fargo Bank had agreed to participate by contributing $20,000 toward legal fees to resolve ownership issues relating to Colony Roads. 6. Procurement Committee - Councilman Nimmo reported that the committee was refining revisions to the City' s purchasing policy. 7. Homeless Coalition - Councilman Dexter reported that the next meeting would be Friday, June 12, 1992. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - MAY 12, 1992 2. TENTATIVE PARCEL MAP 21-89, 8555 EL CORTE AVE. - Consideration of time extension (Bunnell/Schott & Associates) 3. DIRECT CITY CLERK TO RECRUIT FOR MEMBERS OF THE PLANNING COM- MISSION AND THE PARKS & RECREATION COMMISSION Citizen-at-large, Doug Lewis, pulled Item #B-1. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve Consent Calendar Items #B-2 and 3; motion unanimously carried. Re: Item #B-1. CITY COUNCIL MINUTES - MAY 12, 1992 Mr. Lewis asked that his comments regarding the proposed realignment of Highway 41 be included in the minutes. By consensus, the minutes were continued until the next meeting and the Clerk was directed to review the tape recordings and make any appropriate amendment(s) . C. HEARINGS: 1. ORDINANCE NO. 250 - CONSIDERATION OF ZONING ORDINANCE REVISION TO ALLOW POLE-MOUNTED FREEWAY SIGNS FOR NEW AUTOMOBILE DEALERS CC 6/09/92 Page 3 (Zone Change 03-92 - City of Atascadero) (Recommendation to waive reading in full and approve on first reading, by title only) Henry Engen provided the staff report and recommendation. There were no questions from Council. Public Comments: Ted Miles, 3700 Maricopa, spoke in support of the proposed zone change and ordinance. Mike Jackson, 5502 Ensenada, asked the Council to take a look at fees relating to signage and give businesses a break. ---End of Public Testimony--- MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to waive the reading in full of Ordinance No. 250; motion unanimously passed. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve Ordinance No. 250 on first reading. Discussion on the motion: Councilwoman Borgeson and Mayor Shiers indicated that they could not support the ordinance because it was too lenient. The mayor mentioned he would prefer to address the matter as part of the sign ordinance re- write, rather than in a piece-meal fashion. Vote on the motion: Motion carried 3:2 (Councilwoman Borgeson and Mayor Shiers opposed) . 2. AUTO MALL/RV PARK GENERAL PLAN/ZONING AMENDMENT, 905 EL CAMINO REAL A. Certification of Final EIR prepared in conjunction with GFA 2A-91/Zone Change 02-91 for 103-acre parcel B. Resolution No. 56-92 - Amending General Plan (GPA 2A-91) C. Ordinance No. 249 -Revising Zoning Ordinance to allow a proposed automobile sales mail and a recreational vehicle park (ZC 02-91) (Recommendation to waive reading in full and approve on first reading, by title only) Henry Engen introduced Doug Davidson, Senior Planner, who summarized the proposed project and concluded with staff recommendations. Council questions followed. Councilman Dexter expressed reservations because of inadequate CC 6/09/92 Page 4 water supply and safety relating to the railroad crossing. Public Comments: The applicant's representative, Guy Greene, spoke in support of the project and implored approval. He stated that the change in zoning to allow the recreational vehicle park was appropriate and more suitable than the present single-family residential zoning. Mr. Greene also promoted the proposed auto mall, remarking that it would bring needed revenue to the City. Jon Trumbull, 8220 Santa Rosa, spoke in opposition to the proposed project claiming that it would degrade and urbanize the area. He urged the Council not to certify the EIR or approve the zone change. Eric Greening, 7365 Valle, indicated that he believed the property would be better suited for a supermarket providing regional patronage. He expressed concern for public safety with any development on the property located below the railroad tracks and asserted that it would be irresponsible to put people in the flood plain. John Wilson, 4700 Santa Cruz, mentioned he was a neighboring property owner and was strongly opposed to the project. He voiced concern for increased traffic and crime. He stated that he feared for the safety of his family and decrease in his own property value. Phil Ashley, San Luis Obispo resident, noted that as a career wildlife biologist he believed the EIR was inadequate and lacks bonafide mitigation measures. He referenced several wildlife species that would be adversely affected by the proposed development. In addition, he expressed trepidation that the EIR would be used for other projects if the one proposed did not come to fruition. Joan Denslow, Templeton resident, quoted several portions of the staff report and debated that many issues were not adequately being addressed, such as the presenceofKit Fox, two of which live on her property. She communicated concern for the safety of guests at the RV park who might be subject to tragedy relating to hunters, poachers and other trespassers in the Salinas River bed. Judy Pullen, Templeton resident, agreed with the previous speaker and criticized the EIR for not addressing more seriously the issue of trespassing in the river. Anthony Aguilla, also of Templeton, spoke in opposition to the project and further destruction to the river. CC 6/09/92 Page 5 Bill Mazzacane asked the Council to remain focused on what will be most beneficial to the City. He indicated that although he was not sold on the auto mall, the RV spaces are desperately needed and the City is losing tourist dollars already by not being able to meet this need. ---End of Public Testimony--- MOTION: By Councilman Nimmo, seconded by Councilman Lilley that the Final Environmental Impact Report be certified as an adequate document under the provision of CEQA, including a Statement of Overriding Considerations with respect to water supply and air quality impacts owing to economic and social benefits to the project. Discussion on the motion: Mayor Shiers indicated that he was not comfortable with the Statement of Overriding Considerations because costs had not yet been examined and environmental issues addressed. Councilwoman Borgeson voiced concerns for water and safety issues and asserted that the City does not have to settle for this project. Vote on the motion: Motion to certify the EIR failed 2:3 (Councilman Dexter, Councilwoman Borgeson and Mayor Shiers opposed) . (Clerk's Note: No action was taken on the General Plan Amendment or the ordinance; those items becoming moot without certification of the EIR) . 3. ORDINANCE NO. 246 - AMENDING TITLE 7 OF THE CITY MUNICIPAL CODE (SANITATION ORDINANCE) (Cont'd from 5/12 and 5/26/92) REQUEST ADOPTION BY RESOLUTION: A. Resolution No. 57-92 - Declaring the intention to exer- cise all powers afforded by State of California Health & Safety Code Section 5463 Greg Luke provided background and recommended that Council adopt Resolution No. 57-92 instead of Ordinance No. 247 originally proposed. He mentioned that, if Council adopts the resolution, staff would proceed with developing an enabling ordinance specifying the mechanics of implementing the policy. There were no questions from Council or the public. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to adopt Resolution No. 57-92; motion carried 5:0 by roll call vote. CC 6/09/92 Page 6 D. REGULAR BUSINESS: 1. ORDINANCE NO. 251 - REGULATING CIGARETTE VENDING MACHINES Acting Fire Chief Mike McCain presented a brief staff report and recommendation to adopt Ordinance No 251 banning cigarette vending machines. He mentioned that the ordinance was virtually identical to one recently adopted by the County of San Luis Obispo. There were no Council comments or public testimony. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to waive the reading in full of Ordinance No. 251; motion carried unanimously. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to adopt Ordinance No. 251 on first reading; motion carried 5:0 by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Dexter reported that he planned to resign as the Council representative on the Economic Opportunity Commission when his term on the City Council ends. He noted that this would create a need to either appoint another representative from Atascadero to serve the balance of the two-year term (expiring December 31, 1992) ; or, as an alternative, ask the City of Paso Robles (next in the rotation for North County) to appoint a representative to serve for two and one-half years. Staff agreed to follow-up. 2. City Attorney Art Montandon added an additional matter of potential litigation to the agenda for the Closed Session (said matter held pursuant to Government Code Section 54956.9(a) ) . By consensus, the Council adjourned to a Closed Session for purposes of discussion regarding personnel matters pursuant to Govt. Code Sec. 54957.6. XINUTE 1� CORD AND PREPARED BY: LEE OIXS, C . Clerk CC 6/09/92 Page 7