HomeMy WebLinkAboutMinutes 052395 Approved as Submitted
Meeting Date: 6/27/95
ATASCADERO CITY COUNCIL
MAY 23, 1995
MINUTES
The Mayor called the meeting to order at 7:04 p.m. Councilperson Luna 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; Mike McCain, Fire Chief; Bud
McHale, Police Chief and John Neil, Assistant City Engineer
COUNCIL COMMENTS:
Mayor Bewley inquired as to the status of street repairs on Curbaril at EI Camino Real.
Henry Engen responded.
PROCLAMATION:
Mayor Bewley read a proclamation honoring Charles Paddock, Atascadero's zoo
founder and presented it to Rich Schieder of the San Luis Obispo County Zoological
Society. Mr. Schieder noted that a special event was planned for Saturday, June 3,
1995 at the Charles Paddock Zoo and invited all.
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COMMUNITY FORUM:
Lee Swam, 905 Lakeview, announced paddle boat races would begin at the
Atascadero Lake on June 20th and continue throughout the summer on Tuesday
evenings. He encouraged participation by councilmembers and City department
heads. A random drawing was held to match a councilmember with a department
head to compete as a team (Luna:McCain, Highland:Takata, Bewley:McHale; Carden:
Whitty; Johnson:Cherry).
Jim Edwards, Atascadero delegate to the Citizens Transportation Advisory Committee
(CTAC), reported that the committee had met on Monday, May 22. He noted that the
Council of Governments wishes to have a youth representative on the committee and
requested input from members of the Council about how to fill the vacancy.
Eric Greening, 5th district representative to CTAC, mentioned he was glad to see the
Atascadero delegate reporting to the Council. He clarified that direction regarding the
youth representative should be in the areas of age limit and how the applicants will
be recruited.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - May 9, 1995
City Clerk recommendation: Approve
2. CITY TREASURER'S REPORT - APRIL, 1995
Staff recommendation: Review and accept
3. GENERAL PLAN AMENDMENT 95001/ZONE CHANGE 95001 - Notice of
receipt of application to amend the General Plan and Zoning Map to change the
land use designation on the Ramona Road freeway frontage south of Del Rio
Road from Suburban Residential to Service Commercial
Staff recommendation: Accept
4. RESOLUTION NO. 45-95 - Authorizing the issuance of the FY 1995-96 Tax and
Revenue Anticipation Notes (TRANs)
Staff recommendation: Adopt
5. RESOLUTION NO. 46-95 - Authorizing the execution of a contract retiring
Henry Engen
Staff recommendation: Adopt
Councilman Luna requested that Item #A-3 be pulled.
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MOTION: By Councilman Highland, seconded by Councilman Luna to
approve the Consent Calendar, items #A-1, 2, 4 & 5; motion
passed unanimously by roll call vote.
Re: Item #A-3. GENERAL PLAN AMENDMENT 95001/ZONE CHANGE 95001 -
Notice of receipt of application to amend the General Plan and Zoning Map to
change the land use designation on the Ramona Road freeway frontage south
of Del Rio Road from Suburban Residential to Service Commercial
Staff recommendation: Accept
Councilmember Luna indicated that he had pulled this matter to go on record in
opposition. At the request of Councilman Carden, Henry Engen clarified that the
process by which the City Council is alerted of general plan amendments has changed
and confirmed that these items will appear on the Consent Calendar. Councilman
Carden also asked staff for a status report on the ad hoc building permit committee.
Henry Engen noted that a report will be coming forward in the near future.
MOTION: By Councilman Johnson, seconded by Councilman Highland to accept
Item #A-3; motion passed 4:1 (Councilman Luna voting in opposition).
Councilmember Highland and Mayor Bewley qualified that their vote to
accept the application did not imply approval of the specific application.
B. PUBLIC HEARINGS:
1. 1995 WEED ABATEMENT PROGRAM
A. Authorize the Fire Chief to abate the nuisance of noxious or dangerous
weeds on lots identified in Resolution No. 32-95 (Adopted 4/25/95)
Staff recommendation: Approve
B. Resolution No. 43-95 -Authorizing the execution of a contract with Jack
R. Bridwell to abate weeds
Staff recommendation: Adopt
Chief McCain presented the staff report and recommendations. Councilman Luna
asked the Chief to clarify how the date of June 5th was selected as the cut-off date
for abating weeds. The Fire Chief explained that there is a precise schedule to keep,
proper notices to provide, public hearings to hold and County Tax Collector deadlines
to meet. Responding to inquiry from Councilman Johnson, Chief McCain reported
that there are between 4-6,000 parcels identified each year and explained the
methodology behind the format of letters that are mailed annually to property owners
regarding abatement.
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Public Comments:
Sid Bowen, 5550 Cascabel, asserted that current standards for abatement are
ridiculous and suggested that more reasonable standards be adopted.
Rush Kolemaine, 4580 Potero Road, stated that while he strongly supports the
program. #e ewe--agFees He proposed that there—is—a—need fe;—„TeFe—reenstie
Fegulatie . an attempt be made to resolve conflicts between State and local law, and
suggested that regulations be more realistic, in terms of local geography and terrain.
O.W. Smith, 11705 Atascadero Avenue, commented that the weed abatement is
program is fine the way it is.
---End of Public Testimony---
Councilmembers Luna and Highland concurred with Mr. Smith's statement and spoke
in support of the program.
MOTION: By Councilman Luna, seconded by Councilman Highland to
authorize the Fire Chief to abate the nuisance of noxious or
dangerous weeds on lot identified in Resolution No. 32-95; motion
carried 5:0.
MOTION: By Councilman Luna, seconded by Councilman Highland to adopt
Resolution No. 43-95; motion carried 5.0 by roil caii vote.
C. REGULAR BUSINESS:
1. PRESENTATION ON SOUTH ATASCADERO GENERAL PLAN AMENDMENT
Staff recommendation: Provide staff direction, if necessary.
Henry Engen provided a brief overview. Andy Takata introduced the project
proponents.
Thomas J. Lowe, Univest, provided an overview of his company and commented that
he was looking forward to working with the community. He introduced members of
the development team: Deborah Bloomer, Ray Meador, Terry Orton and Todd
Stoutenborough. Mr. Stoutenborough, architect, indicated that there are no plans or
drawings at this point because the team has not yet met with the community on the
design of project. He displayed overhead transparencies illustrating architectural
designs of various major retail projects located in other communities. Andy Takata
reported that the developers would hold a community meeting on Thursday, June 1 st
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at 7:00 p.m.
Councilman Luna asked how much money the City had spent to date on work
associated with the Environmental Impact Report (EIR) for the property. Andy Takata
reported that the City had incurred approximately $16,000 to date. Councilman Luna
commented that he hopes that the developers will consider reimbursing the City for
the information already acquired and encouraged the public to get involved early in the
process. He also suggested that two public informational meetings be held.
By consensus, the City Council agreed to accept the staff report.
Mayor Bewley called a break at 8:07 p.m. The meeting reconvened at 8:24 p.m.
Mayor Bewley opened the floor for public testimony.
Public Comments:
Nancy Horton, 7685 Santa Ysabel, shared concern about the negative impacts of
stimulated growth, commercial vacancies and saturation of outlet centers. She urged
the Council to reconsider the potential re-zoning.
Eric Greening, 7365 Valle, said he is skeptical of the suitability of the property for
commercial retail, but indicated he will reserve comments until there is a specific
project. He noted that he is grateful that the City is getting a project-specific EIR, but
wants assurance that the EIR will not give a boost to some subsequent project based
on a zone change if the specific project falls through.
O.W. Smith, 11705 Atascadero Avenue, expressed opposition to the type of
development and remarked that he would prefer to see the zoning remain residential.
He urged the Council to make the developers pay for their own sewer line and
consider impacts from light, noise and potential earthquake.
Mike Zappas, 8189 San Dimas Lane, shared concern for the size of the project and
appropriateness for the community. He encouraged the preparation of economic
feasibility studies to determine that the center will be filled and not left vacant.
Livia Kellerman, 5463 Honda, cautioned Univest to keep in mind that most
landowners nearby are homeowners who are concerned with maintaining the rural
atmosphere of Atascadero. She urged the developers to respect the lifestyle of the
neighborhood and give due consideration to visual and sound consequences.
Matthew Tritt, 14060 El Camino Real, proclaimed that the proposed development will
do nothing but promote further poor planning in the City. He suggested that
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commercial retail zoning be consolidated in one area of town and emphasized the need
to get lots of public input.
Whitey Thorpe, 8025 Santa Ynez, spoke in favor of the potential re-zoning and
encouraged the City Council to think progressively. He asked the Council to welcome
to those who desire to come in and develop a place where Atascadero can shop
without having to go south or north of town.
Leo Korba, 10905 Santa Ana Road, commented that what the City needs is a roller
rink.
Nancy Heiman, 10760 Colorado Road, pointed out that the first community meeting
planned by Univest is scheduled for the same night as the one and only school board
candidates' forum. She expressed concern about lights at night, potential flooding
and traffic impact. Mrs. Heiman also mentioned that there are currently two
intersections in the area that are problematic and stated that she was distrustful of
developers who do not live in Atascadero.
Bob Nimmo mentioned that a majority of the Council was elected on an economic
platform and urged the councilmembers to recognize what the voters of Atascadero
said in the last election. He contended that the City is in dire need of tax revenue and
emphasized that the downtown will not rise unless there is economic entities to bring
in people off the freeway.
Melanie Dunn, 10333 EI Camino Real, saluted the developers for their solicitation of
public input. She said she and her son, Alexander, support the idea of a roller rink.
---End of Public Testimony---
Andy Takata noted that members of the development team are willing to sit down
with members of the public on an individual basis if they have concerns and are not
able to attend the community meeting(s).
2. FALCON CABLE TV - Consideration of 10-year contract extension
Staff recommendation: Provide staff direction to come back with a contract
Brad Whitty provided the staff report. Sylvia Biddle, Falcon Cable Regional Manager,
responded to numerous questions from the Council regarding future trends in cable
television, the contract extension request and customer complaints.
Councilman Luna expressed apprehension about approving a ten-year extension
indicating that he was not in favor of such a long commitment. He suggested that
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concerns that have come forth. He added that he would like to see some sort of time
frame reflecting when the City can expect to see the implementation of
improvements. Councilman Johnson suggested that staff seek clarification from the
school district about their interest PEG access. Councilman Highland agreed.
Councilman Carden noted that he would like to see a comparison of what the present
contract provides and what the City hopes to gain with the extension. In addition, he
recommended that a cost analysis be prepared to demonstrate how consumer rates
will be affected over the ten-year contract extension period.
Brief discussion followed regarding Councilman Luna's suggestion regarding a
customer survey. There was general agreement that a random telephone poll of
approximately 100 Falcon Cable customers would be most informative.
By consensus, staff was directed to bring back the contract extension proposal
at a later date and to include a comparison between the present contract and
the revised contract. In addition, staff is to bring back a time-line for Falcon
Cable improvements and upgrades, verification of school district interest in PEG
access and the results of a random telephone poll to determine customer
satisfaction.
3. RESOLUTION NO. 40-95 -Authorizing a Memorandum of Understanding (MOU)
with community media (cont'd from 5/9/95)
Staff recommendation: Adopt
Brad Whitty provided the report and recommendation. Council questions and
comments followed.
Public Comments:
Rush Kolemaine spoke in favor of joining the consortium and encouraged participation.
Melanie Dunn pondered whether or not the City's financial share ($1,800) will pay for
answers to questions regarding what the local cable company could provide as far as
data transfer.
---End of Public Testimony---
Councilman Luna spoke in favor of authorizing the MOU and contended that this kind
of expense is what franchise fees are for. He added that, at minimum, the City
Council should vote to become a friend of the consortium and appoint a task force
member.
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MOTION: By Councilman Carden, seconded by Mayor Bewley to become a
task force member for the consortium for community media;
motion passed 4:1 (Highland opposed).
MOTION: By Councilman Luna, seconded by Councilman Highland to
become a contributing member [of the consortium].
Discussion: Councilman Johnson clarified that approval would be no guarantee
that the Council will go on to the next phase.
Vote on the motion: Motion passed 3.2 (Carden and Bewley voting in
opposition).
4. RESOLUTION NO. 31-95 -Approving an Interim Investment Policy (cont'd from
4/25/95)
Staff recommendation: Adopt
Micki Korba presented the interim policy and recommended approval.
MOTION: By Councilman Highland, seconded by Councilman Carden to
adopt Resolution No. 31-95, the interim investment policy; 5:0 by
roll call vote.
jCouncilman Highland commented that it is imperative that the Finance Committee
establish a definite time and place to meet.
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 Highland reported that there would be a special
meeting of SLORTA regarding unmet transportation needs on
Wednesday, May 24 in San Luis Obispo.
2. City/School Committee - Councilman Johnson reported that the
committee had met on May 18th; topics of discussion included a local
youth drug awareness program, "Routes to School", a site for a new
Junior High School and complaints regarding high school students
loitering around Shores Exxon and the Chamber of Commerce office.
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory
Group - Councilman Highland reported that the Water Advisory Board
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2. City Treasurer
Micki Korba provided a status report on Orange County Investment monies retrieved.
3. City Manager
Andy Takata provided an overview of the next agenda. He also noted that Closed
Sessions will move to 6:30 p.m. before the regular meeting convenes. The City
Manager expressed appreciation to Henry Engen and wished him well.
The City Council adjourned to Closed Session at 10.50 p.m.
F. CLOSED SESSION:
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Andrew Takata
Employee organization: Management Employees
Closed Session was adjourned at 11:15 p.m. No announcements were made.
THE CITY COUNCIL ADJOURNED CLOSED SESSION TO FRIDAY, JUNE 2 FOR THE
NACIMIENTO PROJECT TOUR HOSTED BY THE CITY OF SAN LUIS OBISPO. THE
NEXT REGULAR MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JUNE 13, 1995.
M 17N VMINI}T€S REC D AND PREPARED BY:
//I'll
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LEE PRICE, City Clerk
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