HomeMy WebLinkAboutMinutes 011095 Approved as Submitted
Meeting Date: 02/14/95
ATASCADERO CITY COUNCIL
JANUARY 10, 1995
MINUTES
The Mayor called the meeting to order at 7:05 p.m. Councilperson Carden led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Highland, Johnson, Luna and
Mayor Bewley
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Lt. John Barlow, Police
Department; Steve Sylvester, City Engineer and John Neil,
Assistant City Engineer
ANNOUNCEMENTS:
Mayor Bewley announced that Item #C-2, Wil-Mar Disposal, Inc. request for contract
extension, will be continued until the next regular meeting. Councilman Luna
expressed concern for delays in addressing solid waste management issues and voiced
disapproval that all matters are not yet before the Council for consideration at the
same time. He asked staff to bring back all the information, including the countywide
solid waste joint powers agreement (JPA), a JPA between the cities of Atascadero
and Paso Robles, City liability in relation to possible closure of the Chicago Grade
Landfill, etc. He displayed a fax memorandum from the Waste Management Board
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regarding violations of the Paso Robles Landfill and asserted that the Council needs
to quickly make a decision about whether or not Atascadero will join in on the
countywide JPA. Councilman Luna also remarked that discussions regarding an
amicus brief filed by the County in relation to pending litigation between Chicago
Grade, Paso Robles and Wil-Mar should have been held in an open forum rather than
in Closed Session. Councilman Highland cautioned members of the Council against
taking a stand in the lawsuit and commented that the Atascadero City Council has no
authority to make a decision about where Wil-Mar Disposal takes it trash.
Councilman Luna argued that the City is at risk and pointed out that it may be very
costly should the City suffer liability and be held responsible for costs associated with
landfill closure. He concluded that he would prefer to give some direction to staff on
how to move on this issue and suggested that the City may have nothing to lose form
joining the countywide JPA.
Mayor Bewley noted that the City Attorney had requested that an item be added the
Closed Session. Art Montandon explained that correspondence had been received
from legal counsel to the owner of the Millhollin Mine and recommended that the
matter of Santa Lucia Neighbors Association, Inc. v. City of Atascadero, et al. be
added to the Closed Session.
MOTION: By Councilman Luna, seconded by Councilman Highland to put the
matter on the Closed Session agenda; motion carried
unanimously.
COUNCIL COMMENTS:
Councilman Carden reported that applicants for a recent General Plan Amendment and
zone change request were not notified in advance that the matter would be on the
City Council agenda. Henry Engen reported that the General Plan Amendment intake
process has been referred to the Planning Commission. Staff was attempting to come
up with something friendly to the Brown Act and keep the applicant informed, he said.
Mr. Engen explained that the City Council is initially given an opportunity to review
applications prior to staff study and public hearings. The problem, he added, is that
applicants often believe that a hearing is being conducted and a formal decision
rendered when, in fact, it is preliminary and informational at that point. In the
instance to which Councilman Carden was referring, Mr. Engen noted that the matter
was agendized and noticed, however, because it was not a public hearing personal
notice to the applicant and surrounding neighbors was not required.
Councilman Johnson noted that related information packets prepared for City Council
review by the applicants were not distributed and voiced distress about the oversight.
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Henry Engen explained that the information would have been distributed as part of the
agenda material going to the Planning Commission and City Council when public
hearings were scheduled. He sympathized with the applicant's concern because the
application was rejected, because of environmental issues, and taken out of the cycle.
Councilman Carden proposed a meeting of the cities of Atascadero and Paso Robles
(separate from the North County Summit) to discuss issues directly related to the two
cities. He suggested that topics for discussion might include combined efforts for
reduction of costs for services like solid waste management, Dial-a-Ride and
engineering services. In addition, he suggested that the two cities, as one urbanized
area, may qualify for federal and state grants for mutual assistance in areas of
transportation, housing, health and human services. Councilman Luna added that
there has been a long-standing desire by both cities to purchase jointly a chipper and
suggested that this matter could also be discussed. Councilman Carden asked staff
to schedule a meeting.
PRESENTATION:
Mayor Bewley presented a plaque to Dennis Lochridge for six years of service on the
City's Planning Commission.
CITY MANAGER COMMENTS:
Andy Takata provided an update on flooding situations resulting from recent heavy
rains. In addition, he expressed appreciation to staff from the Fire, Police and
Community Services Departments for their hard work and efforts.
COMMUNITY FORUM:
Marcia Torgerson, 6200 Llano, read a prepared statement asking the City what action
it will take on the Millhollin Mine (see Exhibit A).
Lanny Dugar, 8300 Santa Rosa Road, encouraged the City Council to share some of
the responsibility of the Orange County Investment crisis and not put all the blame on
the City Treasurer.
William Zimmerman, 6225 Lomitas, commented that the San Luis Obispo Council of
Governments (COG) is impacting all forms of transportation and warned that soon
COG and the Air Pollution Control District (APCD) will be dictating how and when
citizens can travel about for work and play. He suggested that the full Council study
in-depth all agenda materials for COG, its subsidiaries and the APCD. In addition, he
proposed that the Council hold regular study sessions and give official direction to the
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Council representative serving on the committees and consider making separate
appointments to the APCD and COG.
Eric Greening, 7365 Valle, expressed concern about the safety of joining with Paso
Robles in a JPA for solid waste management and encouraged the Council to look at
all the inter-linked issues relating to the matter. He also announced that there would
be an unmet transportation needs hearing in San Luis Obispo on Wednesday, January
11, 1995 and encouraged citizens to attend.
Michael Kovacs, 1449 Mesa Road, proclaimed that the public is entitled to know what
transpired in the Orange County Investment Pool situation and claimed that the City
violated a principle rule of investment safety by placing "all its eggs in one basket".
Gail Swazey, Santa Lucia Road resident, demanded to know if the members of the
City Council had been to the Millhollin Mine to see the destruction that is taking place
there. The City Attorney advised the Council not to respond to public questions at
this time because of pending litigation. He added that questions should be asked
through the Court proceedings. Ms. Swazey stated that, in her opinion, the
destruction is horrible and the mine is creating a huge hole.
Terril Graham, 6205 Conejo Road, remarked that the City Manager is running the city
and stressed that it is he who is responsible for actions taken by the City. He said
that people are dissatisfied with administration and how things are being governed.
He criticized the public hearing notice process and agenda setting policies. He
concluded by stating that Andy Takata is the best manager the City has had.
Councilman Luna asked that the Finance Director come back with an accounting of
costs for noticing public hearings and provide some suggestions for how to get better
use of the monies expended.
Mayor Bewley announced once more that the Wil-Mar Disposal contract extension
request was being continued and that an item for Closed Session had been added.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - December 13, 1994
2. CITY TREASURER'S REPORT - November, 1994
3. APPROVAL OF WARRANTS FOR MONTH OF DECEMBER, 1994
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4. FINAL PARCEL MAP 94002, 5150 ATAJO ROAD - Subdivision of a 5.05 acre
parcel into three parcels for single family residential use (Gearhart)
5. FINAL TRACT MAP 23-89, 11455 VIEJO CAMINO - 19-lot residential
subdivision (Gearhart)
Mayor Bewley pulled Item #1 at the request of the City Clerk. The matter was
continued to January 24, 1995.
MOTION: By Councilman Highland, seconded by Councilman Luna to
approve the Consent Calendar, Items #A-2 through 5; motion
carried 5:0 by roll call vote.
B. PUBLIC HEARINGS:
1. TENTATIVE PARCEL MAP 94-003, 8505 GRAVES CREEK RD. - Appeal of
Planning Commission-imposed conditions of approval of proposed division of
6.11 acre parcel into two parcels (Lava Ilee/Wilson Land Surveys - cont'd from
12/13/94)
Steve DeCamp provided the background and staff report. Council questions followed
regarding appealed Conditions of Approval. With regard to the proposed road
maintenance agreement (Condition #16), Councilman Luna asked the City Attorney
to provide a status report on establishing a mechanism for the collection of a traffic
mitigation fees (AB1600). Art Montandon indicated that the process would take
approximately five months to formulate and added that it would not be an option at
this time for this project. Councilman Johnson indicated that he would prefer to see
a subdivision improvement agreement similar to one approved in the recent past
(Maxson/Portola Road).
Public Comments:
Ken Wilson, representing the applicant, spoke in support of the appeal and addressed
points of concern. He responded to inquiry from Mayor Bewley regarding plans for
driveway access.
Additional Council questions to staff followed regarding Condition 7a. (road
improvements). The City Attorney provided an overview of various financing methods
and Steve DeCamp reported that there does not appear to be any additional
subdivision opportunities at the current density levels. The City Engineer reported on
engineering road improvement standards and pointed out a significant difference
between this subdivision and the recently approved one on Portola Road.
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Public Comments:
Rush Kolemaine, Potero Road resident, asked how the fifty foot creekway setback is
measured. Steve DeCamp responded that a licensed land surveyor can provide that
information.
Sid Bowen, 5550 Cascabel, commented that Graves Creek Road is not in good
condition and money spent to widen a'short strip of the road would be wasted. He
stated that he was opposed to the Fire Marshal's arbitrary recommendation for a fire
hydrant and remarked that additional driveways will not impact existing traffic. He
also suggested that the open space easement be left to the property owners.
---End of Public Testimony---
Individual Council comments followed. Councilman Luna indicated support for all
Conditions of Approval. He commented that he hoped the City would not miss the
opportunities it has to get the funds to improve the roads and indicated he would have
no quarrel with approving a deferred improvement agreement, provided the work is
actually done at some point. He added that he would like to see the City Attorney
move forward with a mechanism for traffic mitigation, as previously discussed.
Councilman Carden remarked that he disagreed with Conditions #18 (open space
easement) and #16 (road maintenance agreement) emphasizing that he was opposed
to common access. Councilman Highland argued that a road maintenance agreement
would be, in the case of common access, necessary to establish indeed who's
responsible for maintenance.
Councilman Johnson spoke in favor of revising Condition #7a (road improvements)
and suggested that deferring the improvement makes more sense than creating a
"bubble" in the road. In addition, he suggested that fire sprinklers be permitted as a
substitute for a fire hydrant and proposed that language referring to Fire Marshal
discretion be stricken (Condition #14) . Councilman Johnson also commented that
forcing a common entry does not make sense and argued that one additional driveway
would not create much impact and further suggested that Conditions #15 (access
denial) and #16 (road maintenance agreement) be dropped all together. In closing,
Councilman Johnson voiced concern for the taking of property rights by imposing
Condition #18 (open space easement).
Mayor Bewley agreed that road improvements as proposed would create a "bubble"
effect and indicated he would prefer to see an in-lieu funding mechanism for deferred
improvement. He stated that two driveways would not create a hardship and
proposed that a fire hydrant may not be needed if fire sprinklers are deemed
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appropriate.
Councilman Highland stated that he approved of the language set forth in Condition
(#14) and pointed out that fire sprinklers are designed to protect buildings, while fire
hydrants are intended to protect buildings and the surrounding areas. He also spoke
in favor of developing an in-lieu fee arrangement for deferred road improvements.
MOTION: By Councilman Luna, seconded by Councilman Highland to deny
the appeal with the exception of instructing the City Attorney to
come up with an in-lieu fee arrangement; motion failed 2:3
(Carden, Johnson and Bewley opposed)•
MOTION: By Councilman Johnson to direct the City Attorney to establish an
in-lieu fee arrangement, strike the discretion of the Fire Marshal [in
Condition #141 and drop Conditions #15 & 16; motion died for
lack of a second.
MOTION: By Councilman Carden to approve the appeal request and charge
the City Attorney with a program to collect fees [for] the future;
motion died for lack of a second.
MOTION: By Mayor Bewley, seconded by Councilman Johnson to [create]
an in-lieu fund for the road widening and approve appeal of
Conditions #15 & 16.
Discussion/Motion clarified: Councilman Highland recommended that the
motion be clarified to approve (and therefore deny the request to appeal)
Condition #7a (road improvements) with exception [in-lieu fee for deferred
improvement], deny appeal of Condition #14 (fire hydrant), Condition #15
(access denial) be allowed and Condition #16 stricken (now moot). Mayor
Bewley indicated that Councilman Highland's clarification of his motion was
accurate. Councilman Luna asked staff it there were any other flag lots being
served by two different accesses. Steve DeCamp indicated that there were
many. Councilman Carden requested the Mayor to amend his motion by
authorizing the appeal of Condition #18. Mayor Bewley rejected the
amendment.
Vote on the motion: Motion, as clarified, approved 5:0 by roll call vote.
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C. REGULAR BUSINESS:
1. AD HOC DEVELOPMENT REVIEW COMMITTEE - Consideration of committee
report (8/23/94 Council meeting)
Henry Engen provided the background and introduced Bob Fisher, Ad Hoc
Development Committee Chairman, presented committee recommendations.
Individual Council comments followed. Councilman Johnson commented that he
would like to see community input before implementation.
Councilman Luna noted that many of the recommendations are already being
implemented by staff and stated that it may be best to step back and let staff
proceed, rather than attend additional meetings of the ad hoc committee. He also
suggested that if the committee is to stay in place, its mission should be to come
back in six or twelve months. Councilman Luna cautioned that he did not support
those recommendations with an unknown dollar amount attached to it.
Councilman Carden indicated that the committee had taken a major step in the right
direction. He added that he would, however, like to see recommendations regarding
"nuisance" permits and suggested that it may be more suitable to take the City out
of some processes and hold licensed engineers and contractors in the state
accountable for their work and/or products.
Councilman Highland commented that he was impressed with the committee's report.
He proposed that staff be instructed to come back with a status report on what is
already being implemented and what costs are estimated to be associated with
various recommendations.
Councilman Carden suggested looking into setting up a group of outside planners or
consultants (like plan checkers, etc.) for citizens to contract with. He said that this
would allow for expanded services and individual attention without increasing costs
to the City.
Mayor Bewley pointed out that some recommendations may not yet be affordable but
should, nevertheless, be considered as goals for a time when the City is able to fund
them. He concurred with Councilman Highland's recommendation and spoke in
support of additional in-depth Council study of the report. He also emphasized that
the intent of continuing the ad hoc committee is to proceed with evaluating the
recommendations and pursuing new ideas.
Public Comments:
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Rush Kolemaine spoke favorably of the committee's efforts and encouraged the City
Council to allow the committee to continue.
Sid Bowen commended the City for moving in the right direction to simplify the
building process and suggested that permits be required only for safety issues.
---End of Public Testimony---
Councilman Luna asked if a water heater could be installed without a permit. Henry
Engen noted that because of possible earthquake damage, a water heater must be
strapped to the wall and added that the permit fee is $35.00. Art Montandon advised
that the City adopts the State Uniform Building Code and indicated that the City does
not have discretionary authority when it comes to permit requirements.
Councilman Johnson expressed appreciation to the committee and to staff. There
was consensus to bring the matter back for further study and discussion.
At 9:22 p.m., the Mayor called a recess. The meeting reconvened at 9:37 p.m.
2. WIL-MAR DISPOSAL - Consideration of three-year contract extension request
This matter was continued to January 24, 1995.
3. LITTLE LEAGUE REQUEST TO CONSTRUCT A CONCESSION STAND/BATTING
CAGES/HOME RUN FENCE AT PALOMA CREEK PARK
Brady Cherry provided the staff report and recommendation to approve the ballfield
area improvements proposed by Atascadero Little League at Paloma Creek Park. In
addition, he recommended that the City Council authorize a revision to the building
permit to allow Little League to construct a temporary prefab concession stand and
summarized three related alternatives. He explained that Little League would,
however, still need to get County approval for the building permit alteration. In
conclusion, Mr. Cherry reported that a previous City Council had pledged funding
support in the amount of $9,600 for the construction of the original building. He
noted that the funds were not set aside and suggested that the Council discuss this
issue.
City Council questions and comments followed. Councilman Highland commented
that he preferred Alternative #3 and was in favor of re-affirming the monetary
commitment of the previous Council. He added that it had been predicated on the
permanent building and pointed out that it would not be an immediate budget
expenditure. Councilman Luna proposed that monies be set aside in an account that
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would be prorated over the next seven years and adjusted by the Consumer Price
Index (CPI). Councilman Johnson voiced approval.
Public Comments:
Steve Dummit, Vice President of the Atascadero Little League, spoke in support of
their request. He suggested that a painted metal building structure would be easier
less expensive to construct. Councilman Luna inquired if estimates had been
obtained. Mr. Dummit indicated that they had and a savings of approximately $1 ,500
could be achieved by going with a metal building option.
George Beatie, Chairman of the Parks & Recreation Commission, explained that T1-11
siding had been recommended by the Commission primarily because it would match
the existing buildings. He indicated that he could support a metal building if it was
painted to blend and fit in with the concept of the park.
Steve Dummit, responding to inquiry from Councilman Luna, noted that Little League
season starts in March and construction would begin late spring. He also suggested
that maintenance would be much easier with a metal building and added that
brochures could be made available.
---End of Public Testimony---
Brief Council discussion ensued. Councilman Luna proposed that the matter of the
building construction be referred back to the Parks & Recreation Commission.
MOTION: By Councilman Johnson, seconded by Councilman Luna to accept
[Request #31 Alternative #1 with a proviso that the building be
referred back to the Parks & Recreation Commission for approval.
Discussion on the motion: Councilman Highland indicated he wanted
assurance that the structure would be temporary and replaced within
seven years. He proposed that Alternative #3 would be a better solution
and suggested that reference to T1-11 siding be deleted. Andy Takata
advised the Council to refer approval of building materials to the Parks
& Recreation Commission.
Amendment & Vote: The motion maker and second agreed to amend
the motion to read: To accept [Request #31 Alternative #3 with the
proviso that the building be referred back to the Parks & Recreation
Commission for approval. Motion passed 5:0 by roH caii vote.
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MOTION: By Councilman Carden, seconded by Councilman Luna to approve
[Requests] #1 and #2, and in addition make a commitment to the
$9,600 to be prorated to the CPI; motion passed 5.0 by roll call
vote.
4. COMMITTEES & COMMISSIONS
A. Procedures for selecting committee, commission & board members
The City Clerk provided an overview of the staff report and recommendations. Brief
Council questions followed.
Councilman Carden inquired whether or not it was legal to maintain an application
pool and not advertise when there is an unexpected vacancy. Art Montandon advised
that there is a legal requirement that every year the City Clerk advertise the terms that
will expire and the names of those people holding positions. The City Clerk added
that the City does meet the "Maddy Act" requirement as explained by the City
Attorney and suggested that applications be accepted year-round to supplement the
application "pool".
Public Comments:
Rush Kolemaine indicated that he was in support of the recommendation to implement
an application pool but voiced some opposition to the selection provision (Section
4(c)).
William Zimmerman commented that he also had some concerns about the selection
process.
---End of Public Testimony---
General Council comments followed in support of the recommendations. Councilman
Luna suggested that candidates for the Planning Commission be given a packet to
include a job description, an explanation of the General Plan and its' role in land use
planning, a summary of the "Brown Act" and other information that will educate
citizens and potential commissioners. Councilman Carden debated that individuals
should, on their own, familiarize themselves with the General Plan to avoid possible
pre-conceived ideas about the document.
Councilman Johnson suggested that applications be held active in the application pool
for six months instead of one year. There was consensus to amend Resolution No.
02-95 by substituting "six months" for "one year" relative to the length of time the
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application pool remains active.
MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt
Resolution No. 02-95 as amended; motion passed 5:0 by roll call
vote.
B. Ordinance No. 282 - Amending Parks & Recreation Commissioner terms
(cont'd from 11/8/94)
(Recommend (1) motion to waive reading in full and read by title only,
and (2) motion to introduce on first reading by title only)
Brady Cherry provided the staff report and recommendation. There were no
comments from the Council or public.
MOTION: By Councilman Luna, seconded by Councilman Highland to waive
the reading in full and read Ordinance No. 282 by title only;
motion carried unanimously.
MOTION: By Councilman Luna, seconded by Councilman Highland to
introduce Ordinance No. 282 on first reading; motion carried
unanimously.
C. Planning Commissioner recruitment - Direction for replacing Dennis
Lochridge
The City Clerk provided the staff report. Brief discussion ensued. The City Council
directed the City Clerk to contact the applicants that were interviewed on August 30,
1994, but who were not selected, and ascertain continued interest in serving on the
Planning Commission. if six or more applicants are still interested, the Council agreed
to make an appointment, by simple motion, from one of those candidates at the next
meeting.
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments (COG)/S.L.O. Regional Transit Authority
(SLORTA) - Councilman Carden noted that COG would meet the
following day, Wednesday, January 11 , 1995.
2. County Water Advisory Board/Nacimiento Water Purveyors Advisory
Group - Councilman Highland reported that the Water Board had met on
January 4, 1995 to review the five-year update of the County Water
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Master Plan and a groundwater management report.
3. Air Pollution Control District (APCD) - Councilman Carden reported that
the APCD would be meeting on January 18, 1995.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Highland noted that it was the City of Atascadero's responsibility to host
the next North County Summit meeting and asked staff to report on what arrange-
ments have been made to schedule it. Andy Takata requested members of the
Council to inform staff of available dates and reported that the only item presently set
for action is the ratification of the steering committee's recommendations regarding
formation of the North County Council.
Councilman Carden noted that he would be on vacation March 21 st.
2. City Clerk
Lee Price reported that a recruitment had been held to solicit interest from local teens
who would like to serve as the Youth Representative on the Parks & Recreation
Commission. Six applications had been received, she reported, and explained that the
selection procedure for youth representatives calls for a sub-committee of the Council
to be appointed by the Mayor. Mayor Bewley asked members of the Council to let
him know who would be willing to serve. Appointments to the sub-committee will
follow on January 24, 1995.
3. City Treasurer
Micki Korba reported that the City's investment policy adopted annually over the past
four years was based on exemplary policies and guidelines provided by the California
Municipal Treasurer's Association and the National Municipal Treasurer's Association,
as well many other city policies. She added that the policy was tailored to fit the
needs of Atascadero and reported that the Finance Committee will be meeting soon
to review the policy. In closing, the City Treasurer commented that because the City
is not planning on depositing any more monies into the Orange County Investment
Pool, the matter of approving a revised investment policy is not urgent.
4. City Manager
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Andy Takata announced that grant funding for acquisition of Stadium Park has been
recommended for approval by the local Caltrans staff and by staff at the California
Transportation Commission (CTC). Henry Engen reported that transportation
enhancement program funding will be heard by the CTC February 22-23 in
Sacramento.
The City Manager presented an overview of agenda matters set for the next regular
meeting.
Councilman Carden asked the Manager when the Council could expect to address
service levels. Andy Takata reported that staff is intending to bring the matter to the
Council during the mid-year budget review (late February).
The Mayor adjourned to Closed Session at 10:47 p.m.
F. CLOSED SESSION:
1. CONFERENCE WITH LABOR NEGOTIATOR:
Negotiator: City Manager
Employee Organizations: Service Employees International Union, Atascadero
Police Officers Association, Atascadero Sergeants Service Organization,
Atascadero Safety Technicians Organization,Mid-Management Bargaining Unit,
and Management Bargaining Unit
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Employee: Police Officer
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
CASE: Santa Lucia Neighbors Association, Inc. v. City of Atascadero
Closed Session was adjourned at approximately 11 :05 p.m. The City Attorney noted
that Items #1 and #2 had been taken off the Closed Session agenda and not
discussed. Regarding Item #3, it was reported that the City Council agreed to extend
the Interim Operations Agreement regarding the Millhollin Mine for an additional two
weeks.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JANUARY 24, 1995 AT 7:00 P.M.
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MINUTE RECORDED-AND PREPARED BY:
LEE PRICE, City Clerk
Attachment: . Exhibit A (Torgerson)
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MARCIA MCCLURE TORGERSON
6200 Llano Road
Atascadero, CA 93422
466-7980
January 10, 1995 cc 01/10/95
EXHIBIT "A"
Mr. Mayor and Councilmen:
I would like to request that you update the public regarding the Interim Operations
Agreement that was effective September 30, 1994 and signed by the City of
Atascadero, the County of San Luis Obispo and Mr. & Mrs. Glenn Millhollin on
October 10, 1994.
On page 3 of the agreement, it states that the owners of the Millhollin Mine agree to
submit an application for an amended reclamation plan for the quarry and/or other
development application. The agreement goes on to state that said application shall
be submitted to, and accepted as complete by, the City within 90 days of the
effective date of the agreement. The 90 day time limit was December 30, 1994.
The Millhollin's did submit a development application on December 2, 1994.
However, according to your Planning Department's written response to their
application, dated December 21, 1994, the application is incomplete. The Planning
Department listed no less than 10 reasons for their conclusion. Also, the City's
Engineering Department also has a long list of reasons why the application is
incomplete. Therefore, as of December 31 , 1994, the agreement has been violated
by the Millhollins. As each day passes, with the City doing nothing, the mine
continues to operate in violation of the Interim Operations Agreement.
The agreement states that the City will initiate enforcement action if there is a breach
of this agreement. Well, there has been a breach of the agreement and the public has
a right to know what the City is going to do about this.
I was told, by the City Attorney, before the signing of this document that the beauty
of this agreement was that we finally had a signature of the parties on an agreement
saying they would submit a complete application by a certain date. That had been
the problem for the past year and a half. The City would give a time limit for
submitting an application and the Applicant would repeatedly submit,incomplete
applications. The City Attorney assured me that the City would enforce a violation
of a signed agreement.
Why hasn't the City taken action as of December 31, 1994? 1s the City going to
initiate civil enforcement action against the Millhollins? If not, will you be in violation
of your Lead Agency responsibilities? Are you aware of the possible consequences
that can be imposed on the City by the State Department of Mining as a result of
neglecting your Lead Agency responsibilities under SMARA?
(2)
You seem to be so worried of being sued by the mine owner that you have lost sight
of your obligations to your citizens. Instead of doing what is right, you are busy
scrambling to avoid possible litigation.
Again, I repeat, the public has a right to know what the City is going to do about the
violation of this agreement.
Sincerely,
Marcia McClure Torgerson
/m