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HomeMy WebLinkAboutMinutes 072595 Approved as Submitted Meeting Date: 8/08/95 ATASCADERO CITY COUNCIL JULY 25, 1995 MINUTES REGULAR SESSION: The Mayor called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager;Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Mike McCain, Fire Chief; Jeff Fredericks, Police Sergeant; John Neil, Assistant City Engineer; Doug Davidson, Senior Planner and Fred Motlo, Fire Captain COUNCIL COMMENTS: Councilman Johnson read a prepared statement sharing community concern regarding a recently submitted business license application for an adult book store in the downtown (see Exhibit "A"). Councilman Luna voiced disapproval for the type of business being proposed because it is not in keeping with what the Downtown Master Plan envisions for Atascadero. He requested that the City Attorney cooperate with citizens groups organizing to oppose it. Councilman Carden also expressed displeasure and asked staff to promptly bring forward a study session relative to redevelopment for the downtown. Councilman Carden suggested that the Community Services Director look into 99 Y CC 07/25/95 Page 1 establishing corporate sponsorships for exhibits at the Charles Paddock Zoo. He added that this may be a viable option for raising funds needed for continued maintenance and expansion. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, read his most recent letter to the editor of Atascadero News announcing the "Peace Lantern Ceremony" on August 6th at 7:00 p.m. at the Lake Park. Eric Greening, 7365 Valle, commented that he agreed with City Council remarks regarding the proposed adult book store. He noted that this type of business does not go into a thriving community and proposed that the fact that an application such as this has been filed should be considered a "wake-up call". He suggested that City staff conduct research to determine whether there are cities that have successfully repelled this kind of business with similar odds and look at strategies and methods used. Jim Brenton, 11165 Santa Lucia, spoke regarding continued operations at the Millhollin Mine beyond the expiration date of the Interim Operations Agreement entered into with the County of San Luis Obispo. The City Attorney provided a status report on related pending litigation and advised that any complaints about operations are still to be directed to the Community Development Department, who is the lead agency under the State Mining and Reclamation Act (SMARA) or the State Mining Board. Mr. Montandon explained that the purpose of the Interim Operations Agreement was to develop standards for operations and provide a mechanism for enforcement. He reiterated that the mine has a legal vested right to operate and explained that the City is not liable for activities on the property, which is private. Marcia Torgerson, 6200 Llano Road, read a prepared statement voicing concern about continued operations at the Millhollin Mine (see Exhibit B) and asked that the matter be placed on the City Council agenda as soon as possible. In addition, Ms. Torgerson said that the State Mining Board recently inspected the mine and approved it. She emphasized that the County was given prior notice of the inspection and made sure that the right equipment was there for the inspection. The equipment, she stressed, is not usually at the site, was brought onto the site for the inspection and was then removed the following day. Ms. Torgerson also reported that it was the State Mining Board who advised the neighbors to file a lawsuit because it was the only way to solve the problem. Dorothy Flaherty, 12100 Cenegal Road, read a prepared statement sharing concern regarding the Millhollin Mine (see Exhibit Q. Barbara Rose, Llano Road resident, asserted that she has not seen any work completed towards an approved reclamation plan for the Millhollin Mine and observed CC 07/25/95 Page 2 that mining operations are on-going. Tom Austin, 10708 EI Camino Real, requested that the City look into the legal aspects of the proposed adult book store. He reported that he personally had done some research regarding secondary effects of sexually oriented businesses and offered to provide the City Attorney with information he has gathered from the American Family Association. Mayor Highland encouraged a concerted community effort to let the applicant for the adult bookstore know that his business is not welcomed in Atascadero. He asked staff to pursue recommendations made by the public and Council. ---End of Public Testimony--- A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - June 27, 1995 City Clerk recommendation: Approve 2. CITY COUNCIL MINUTES - July 11, 1995 City Clerk recommendation: Approve 3. CITY TREASURER'S REPORT - May, 1995 City Treasurer recommendation: Review & accept 4. FINAL PARCEL MAP 94003, 8505 GRAVES CREEK - Division of an existing parcel of approximately 6.0 acres into two (2) parcels containing 2.89 acres (gross) and 3.09 acres (gross) Staff recommendation: Approve 5. RESOLUTION NO. 68-95 - Authorizing construction contract with Whitaker Engineering Contractors for the Santa Rosa Sewer Extension Project (Bid No. 95-01) Staff recommendation: Adopt 6. RESOLUTION NO. 69-95 - Authorizing construction contract with Whitaker Engineering Contractors for the San Gabriel Rd. Sewer Project (Bid No. 95-03) Staff recommendation: Adopt 7. RESOLUTION NO. 73-95 - Approving the application for funds under the Transportation Enhancement Activities (TEA) Grant Program Staff recommendation: Adopt CC 07/25/95 Page 3 8. APPROVAL OF WARRANTS FOR THE MONTH OF JUNE 1995 Staff recommendation: Approve Councilman Johnson pulled Item #1 to abstain due to absence. Councilman Carden pulled Items #2 and 7 for commentary. MOTION: By Councilman Johnson, seconded by Councilman Luna to approve the Consent Calendar Items #3, 4, 5, 6 and 8; motion passed 5:0 by roll call vote. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve Item #1 [City Council Minutes]; motion passed 4:0 (Johnson abstained). Re: Item #2. CITY COUNCIL MINUTES - July 11, 1995 City Clerk recommendation: Approve Councilman Carden clarified a request he made of the Economic Round Table on Page 12 of the Minutes. The Clerk noted that she would make the amendment. MOTION: By Councilman Carden, seconded by Councilman Luna to approve the Minutes, as amended; motion passed 5:0 by roll call. Re: Item #7. RESOLUTION NO. 73-95 - Approving the application for funds under the Transportation Enhancement Activities (TEA) Grant Program Staff recommendation: Adopt Councilman Carden asked for clarification of the City's total share of costs and expressed concern about allocating Tree Fund monies as the funding source for the local match when the expenditure is not authorized in the adopted Tree Fund Expenditure Policy. Andy Takata advised that staff is requesting approval of the TEA Grant Program application and explained that consideration of funding sources for the City's match and related costs in the amount of $20,700 will be brought back in the future. MOTION: By Councilman Carden, seconded by Councilman Luna to adopt Resolution No. 73-95; motion passed 5.0 by roll call vote. CC 07/25/95 Page 4 B. PUBLIC HEARINGS: 1. RESOLUTION NO. 76-95 - Confirming the cost of weed abatement Staff recommendation: Adopt The Fire Chief provided the staff report and recommendations. There were no questions or comments from the Council or public. MOTION: By Councilman Carden, seconded by Councilman Bewley to approve Resolution No. 76-95: motion passed 5:0 by roll call. 2. ANNUAL GRANTEE PERFORMANCE REPORT FOR 1993 STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Staff recommendation: Receive public comment Doug Davidson provided a brief staff report and introduced Don Dana, Peoples' Self Help Housing, who presented status on the North County Womens' Shelter, the recipient project. Public Comments: Eileen Allan, Director of the North County Womens' Resource Center and Shelter, expressed gratitude and summarized services offered. ---End of Public Testimony--- The public hearing was held; there was no Council action. C. REGULAR BUSINESS: 1. CITY SPONSORSHIP OF USDA EMERGENCY WATERSHED PROTECTION PROJECTS TO OBTAIN GRANTS TO RESTORE FLOOD DAMAGED AREAS Staff recommendation: Approve Brady Cherry provided the staff report and recommendations. He responded to questions regarding funding sources for local matching funds for three projects proposed for sponsorship. Mayor Highland inquired as to whether or not there were time constraints. Brady Cherry advised that there were none, but emphasized that staff recommends that construction be completed before the Fall rains. Mayor Highland expressed concern relative to the postponement of the budget hearings and proposed that these matters may best be tabled until after the budget is adopted. Brady Cherry requested conceptual approval and noted that the agreements necessary to proceed could be brought back to the Council at a future date. CC 07/25/95 Page 5 Councilman Johnson noted that the three projects were indeed worthwhile. He asked staff whether or not there had been discussion with the residents within the project areas. Brady Cherry reported that the Carmelita Avenue homeowners have been contacted and are in support. The residents on Curvado Circle, he explained, have not yet been asked if they are willing to help financially participate with the local match and added that staff has been researching grant monies as a funding source. Public Comments: Conrad Langille, 5550 Traffic Way, noted that he and a partner have accepted an offer on the Curvado Circle home owned presently by Paula Lewis of Atascadero. He explained that he would be happy to talk with the neighbors to determine if they will participate and reported that, if not, he and his partner will contribute the needed share. Eric Greening encouraged the City Council to maintain E.G. Lewis' vision relative to the creek reservation. ---End of Public Testimony--- There was consensus to proceed with Projects #1 and 2. The Council directed staff to contact the property owners on Curvado Circle to establish willingness to participate in meeting the local match and was further directed to bring back relevant agreements after the Fiscal Year 1995-96 budget is adopted. 2. ORDINANCE NO. 291 - Amending Atascadero Municipal Code Sections 2-9.02 and 2-9.08 re: terms of office for members of the Planning Commission City Clerk recommendation: (1) Motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only The City Clerk presented the staff report and recommendation. Public Comments: Bob Johnson, Chairman of the Planning Commission, reported that a consensus of the Planning Commission agrees that it would be preferable to postpone the selection of a chair and vice-chair for about two months after new members are seated. He suggested that Section 2-9.08 of the ordinance be amended to read, "annually pursuant to adopted rules...". ---End of Public Testimony--- Brief Council discussion ensued. There was mutual agreement that given the fact that the terms on the Planning Commission are staggered, there would be no need to postpone the selection of the chair and vice-chair. The City Attorney advised that the CC 07/25/95 Page 6 ordinance, as written, gives some latitude if it is necessary. MOTION: By Councilman Luna, seconded by Councilman Johnson to waive the reading in full of Ordinance No. 291; motion passed 5:0. MOTION: By Councilman Luna, seconded by Councilman Johnson to introduce Ordinance No. 291 on first reading; motion passed 5:0. 3. ORDINANCE NO. 292 -Amending Atascadero Municipal Code Section 2-13.03 re: terms of office for members of the Parks & Recreation Commission City Clerk recommendation: (1) Motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only The City Clerk provided the brief staff report. There were no comments or questions from members of the Council or public. MOTION: By Councilman Johnson, seconded by Councilman Luna to waive the reading in full of Ordinance No. 292; motion passed unanimously. MOTION: By Councilman Johnson, seconded by Councilman Luna to introduce Ordinance No. 292 on first reading; motion passed unanimously. 4. Request that CalTrans retain the temporary Curbaril Bridge structure following the completion of the Highway 41 Realignment Project (Cont'd from 7/11/95) Staff recommendation: Prov/de staff direct/on John Neil, Assistant City Engineer, provided the report. Council discussion ensued. Councilman Johnson commented that although he does not support requesting permanent retention of the temporary bridge, he would like to see the bridge remain in place until the new one is finished. Councilman Luna agreed. Councilman Bewley expressed apprehension about supporting the resolution, as drafted, if it will jeopardize acquisition of the permanent bridge. Mayor Highland stated that he could not support adoption of the resolution as written. Public Comments: Eric greening, 5th district representative on the Citizens Transportation Advisory Committee (CTAC), urged the City Council to request that the temporary bridge be retained as long as possible; but preferably throughout the phasing of the entire realignment project, including interchange. CC 07/25/95 Page 7 ---End of Public Testimony--- Councilman Luna suggested that the resolution be amended by changing the word, "following" [the completion of] to "until" [the completion of]. Mayor Highland spoke in favor the amendment as proposed emphasizing that the change in wording does not imply desire to keep two bridges permanently. Councilman Johnson recommended that staff consult with CalTrans to make sure that the intent of the proposed resolution is clear and that the realignment and new bridge project will not be jeopardized by this action. By mutual consent, the Council agreed to amend the resolution as proposed and directed staff to consult with CalTans to make sure the intent is clear. The matter will come back at the next regular meeting. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows.): 1. Economic Round Table - Councilman Johnson reported on the meeting of July 19th and mentioned that the Round Table would be meeting in a special workshop on August 4th to develop strategies for downtown revitalization. 2. Air Pollution Control District - Mayor Highland reported that the APCD would meet on Wednesday, July 26th to discuss landfill tipping fees. 3. North County Council - Mayor Highland announced that the Executive Committee would be meeting on Thursday, July 27 to receive a report on the Salinas Dam Transfer Agreement. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Highland requested a concise staff report regarding the status of operations at the Millhollin Mine. Councilman Luna asked staff to bring back a status report on the Citizens' Task Force for Economic Recovery. Brad Whitty reported that the committee would be meeting for the second time on Monday, July 31st at 7:00 p.m. Councilman Carden requested that a discretionary fund be set up for stipends waived by City officials and asked staff to negotiate with the Managing Director of the Chamber of Commerce for extended hours at the Chamber of Commerce during peak tourist seasons. CC 07/25/95 Page 8 2. City Attorney Art Montandon announced the premier showing of the movie, "SAFE" in San Luis Obispo July 29th and mentioned that he is endeavoring to obtain credits for the City of Atascadero. 3. City Clerk Lee Price provided an update on current recruitments and suggested that the Councilmembers check their calendars for interview dates. Applications are being accepted for City Treasurer, Planning Commission and Board of Directors for the Community Services Foundation, she said. 4. City Treasurer Micki Korba remarked on a recent segment of the television show, "60 Minutes" regarding derivatives and investments; spoke in favor of the City maintaining an elected treasurer versus an appointed one and reported that $52,000 in interest earnings are yet to be received from the Orange County Investment Pool. 5. City Manager Andy Takata announced that the Council Budget Study Session originally scheduled for Wednesday, August 2nd has been moved to Wednesday, August 16th. THE MEETING WAS ADJOURNED AT 8:42 P.M. THE NEXT REGULAR MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, AUGUST 8, 1995 AT 7:00 P.M. MINUTES RECORD AND PREPARED BY: 1 LEE PRICE, City Clerk Attachments: Exhibit A (Johnson) Exhibit B (Torgerson) Exhibit C (Flaherty) CC 07/25/95 Page 9 CC 7/25/95 EXHIBIT A Atascadero Adult Book Store Issue 7/25/95 1. Share the community's concern over the introduction of Adult Book Store in the community. 2. Several misconceptions: a That some official in the city invited the business. (The press says the prospective owner claims customers have requested it.) b. That somehow we aren't aware that an adult book store sells what most of us would call pornography. Believe me, we know. c. That somehow our city attorney is reluctant to face Mr. Diamond down because he lost an early law suite to him. Actually Santa Maria engaged a specialist to hear the case against Mr. Diamond in that city. d. That all we have to do is take a firm stand and the supreme court will consider a case against this type of problem. 3. My research, which includes having specific legal research done by the Rutherford Institute shows: a We have the authority to zone this type of business into or out of specific areas - but we can't totally exclude this type of business, nor can we apply the rule retroactively. b. We can enact set back type ordinances - keeping such businesses away from schools, churches, etc. (Again not retroactively.) c. Any emergency action we take now will not apply to this applicant. d. The rule of law that discusses "community standards" is broadly applied and probably can't be interpreted as narrowly as we might desire. e. That the applicant can be required to have a back ground check. Our codes already require that, and it is being applied in this case. f The consensus of all the attorney's I have talked to is there is no legal obstacle we can put up to keep the applicant out of town. g. It has been suggested that we need to stand tough and fight this all the way to the supreme court. The consensus of the attorney's I have spoken to agree that unless some new data were presented as to the alleged harm of such a store, the court probably would not agree to hear the case. All of our arguments have been heard before the court and they have ruled in favor of "free expression." Even if we agreed to a i incur the great expense of going to the supreme court - it would take several years to get there- not a short term solution. IL There are legal courses of action the citizens can take - such as on site picketing, etc. 4. Some concerns have been expressed that we didn't have a more adequate ordnance in place. I can't speak for previous councils who discussed the issue. There are some issues the citizens must be aware of: • Steering the business to a section of town designating one area of town the "obscenity area" is fraught with problems. Who wants to volunteer their neighborhood for this store? • That most of the ordinances I have been told about have set back distances that may not have applied to this location. • Never-the-less we need to address some ordnance that will apply to other applicants - or this applicant if this deal falls through, 5. I would challenge the community at large to come together to express the community's concern in any way the law allows. • I would suggest that further research might be done beyond what we've been able to do. • That we band together to speak with one voice - and not fragmented voices. • That we demonstrate our level of community morality by ensuring that if the store opens here, it will not be supported. That it will be a money loser out of the chute. 6. This is a wake up call for the community. 'These types of businesses tend to show up in areas that are deteriorating- where prices are low enough to make them attractive to these types businesses. We must with dispatch get moving on the rehabilitation of down town - and seriously pursue redevelopment. The only positive aspect of this event is that it helps define blight in down town. • I will continue to put my energies into seeing our down town rehabed - and become an area we can be proud of once again. • I would challenge all the property owners to join the city's effort to enhance, not besmirch the down town area. (I understand the applicant in this case may not have been up front with the current owner on his intentions.) 7. I would like staff to bring back to the council the following: a A list of alternatives and suggestion on an ordnance that will give the maximum control allowed under the law of such businesses. b. That we ensure that these types of businesses don't group together, that they be set back from schools, churches and residences. c. That should this business come to town, that we have a firm understanding with the police department that all relevant laws are strictly enforced. d. That city staff and the city attorney provide the community group any guidance needed to explore fully all legal alternatives. That staff work with outside legal entities that might assist us in this issue. 8. 1 would challenge the community to use this issue to bring consensus in things we want that will enhance the community rather than letting the market forces drag into town what they will, like the family cat dragging home a dead skunk. Ray Johnson City Council Person y MARCIA MCCLURE TORGERSON 6200 Llano Road Atascadero, CA 93422 805-466-7980 July 25, 1995 CC 7/25/95 EXHIBIT B Atascadero City Council Re: Millhollin Mine Gentlemen: I would like to re-fresh your memory on some of the history of the City's involvement in the Millhollin Mine issue. • In 1992 the City of Atascadero applied for and acquired lead agency status in regards to the Millhollin Mine. During 1992 and 1993 the City worked very hard at getting Mr. Millhollin to file an amended reclamation p.4an. The City set several deadlines, all of which Mr. Millhollin basically ignored. * By the end of 1993, after the County ignored neighborhood concerns and expanded its operation, the City and Mr. Millhollin agreed on a 90-day moratorium in an attempt to negotiate some sort of settlement to the conflict. * That ,moratorium went on until September 1994 when the City, as a result of pressure from the County and legal pressure from the Millhollin's, agreed to sign the Interim Operations Agreement which stipulated that the mine could operate from October 1, 1994 through May 30, 1995, May 30th. has come and gone and the County has still been operating the mine through June and July and I assume will continue indefinitely. I don't understand why the City keeps changing its position on this matter. First, the City told Mr. Millhollin that he had to file an amended reclamation plan. Then, due to Mr. Millhollin threatening to sue, the_City agrees to let him open the mine temporarily (from October 1994 through May 1995). Now, there is no amended reclamation plan nor a signed agreement and the City is allowing the mine to continue to operate anyway! Why did the City work so hard, from 1992-1994, to protect the neighborhood of the mine, only to turn its back on the same neighborhood now? Mr. Mayor, please place this issue on the Council's agenda as soon as possible. As lead agency, you have a responsibility to the citizens of Atascadero to address this issue and let them know where you stand. Sincerely, 1 W tx-,i, M `16� 7-h Marcia McClure Torgerson r► I I CC 7/25/95 EXHIBIT C July 25, 1995 i To: Atascadero City Council I am speaking to you tonight because I am al salwncerned about the future of my neighborhood. I live across es Creek from the Millhollin Mine, As my neighbors have rep<14,Med to you, the Mine is still operating even though the Agreement you signed with Mr. Millhollin expired May 30, 1995 . In that now expired agreement, it said that the County workers in the Mine would not need to worry about dust control because they would be working during the rainy season. Now, they are still working, not during the rainy season, and are doing nothing to control the dust generated from their work. I'm sure there is a law that the City could enforce in regards to dust control . Dust control is only one of many issues involving the Mine's operation that the City needs to address . Please put the Millhollin Mine on your agenda so that you can protect my neighborhood from the negative impacts of the Mine. 4-y-"y DorothFla erty 12100 Cenegal Atascadero 466-4484 ' i I