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HomeMy WebLinkAboutMinutes 091295 Approved as Submitted Meeting Date: 09/26/95 ATASCADERO CITY COUNCIL SEPTEMBER 12, 1995 MINUTES The Mayor called the meeting to order at 7:05 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Johnson, Luna and Mayor Highland Absent: Councilmember Carden Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney; Roy Hanley, Deputy City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Bud McHale, Police Chief; Steve DeCamp, City Planner and John Neil, Assistant City Engineer PRESENTATIONS: 0 Presentations to the contributors to the City/County tennis court additions at Heilmann Park The Mayor presented plaques to Mike Cannon of Cannon Associates and David Graham representing the Chalk Mountain Tennis Association. Also recognized, but unable to be present, was John Dallaire of A-J Excavating, Incorporated. Tim Gallagher, San Luis Obispo County Parks Department, reported that the County had contributed $225,000 to build the tennis courts and explained that the project became a reality because of local contributions in construction and on-going maintenance. He announced that a Grand Opening celebration is scheduled for early October and invited all to attend. Mayor Highland expressed appreciation to the County. CITY MANAGER'S COMMENTS: Andy Takata requested that the Council add a Closed Session to the end of the CC 9/12/95 Page 1 regular agenda. He noted that the matter relates to the Orange County Investment Pool and because of the late notice, would require a 4/5 vote by the Council to add. MOTION: By Councilman Luna, seconded by Councilman Johnson to add a Closed Session to the agenda; motion passed 4.a CITY ATTORNEY'S COMMENTS: Status report on the adult book store (verbal) Art Montandon reported that he and his wife are involved in negotiations regarding a property purchase within 300 feet of the proposed bookstore and because of State Fair Political Practice Commission regulations he can no longer participate in this matter. He noted that the Deputy City Attorney, Roy Hanley, will assist in this regard from this time forward. Steve DeCamp provided the status report and indicated that the owner of the proposed bookstore has filed an incomplete application for a business license and has not responded to staff's request for additional information. He explained that staff has had discussions with the owner regarding renovations and changes to the structure but confirmed that a building permit application has not yet been submitted. Councilman Johnson requested that staff ensure that the public is notified when a date is selected for the attorney from the National Law Center for Children & Families to come to Atascadero to meet with members of the community. COMMUNITY FORUM: Daphne Fahsing, 5105 Llano Road, read a prepared statement protesting continued operations at the Millhollin Mine (see Exhibit "A"). Susan Johanssen, Santa Ynez Avenue resident, spoke in opposition to the proposed bookstore. Jim Brenton, 11645 Santa Lucia, read a prepared statement regarding continued operations at the Millhollin Mine (See Exhibit "B"). Tom Austin, 10780 EI Camino Real, urged the City Council to extend Urgency Ordinance No. 293 regulating adult businesses and suggested that it be revised to include language requiring that any employee present on the premises is responsible for compliance. Responding to Council inquiry, the Deputy City Attorney explained that the pending application for an adult bookstore is exempted from the ordinance but clarified that if, for any reason, the proposed bookstore at that location does not go in, the ordinance would preclude any other application for an adult business at that site. Council and staff discussion followed relative to the Millhollin Mine. The City Attorney noted that the owner's appeal of staff's determination that an Environmental Impact Report (EIR) is required prior to consideration of the proposed closure and residential re-use plan for the quarry site is scheduled for the City Council meeting of September CC 9/12/95 Page 2 26, 1995. He explained that two continuances have been requested to date and indicated that if the owner asks for another one, the Council has the discretion to deny or grant it. The Mayor asserted that he will not support another request for continuance. Councilman Luna asked the City Attorney if he was familiar with the appellant court decision referred to in Mr. Brenton's testimony (Hansen v. Board of Supervisors). Art Montandon indicated that the case has been de-certified and is currently at the Supreme Court of California and is not at this time law that can be relied upon. Councilman Luna requested staff to bring back at the next meeting, in addition to the appeal of the EIR, all options available regarding long-term treatment of the site. The Councilman Luna also spoke in support of a mining moratorium until some resolution is agreed upon about whether there will be a reclamation plan, a subdivision agreement or an EIR. The City Attorney reported that the City has never acted officially to stop the operations at the mine; Mr. Millhollin voluntarily agreed in the past to stop mining at that location. He advised that if the City Council decides to exercise its lead agency authority and, after hearing, determines that operations at the mine violate some law or permit the City has jurisdiction over, it could not be done within two weeks. If Council does make such a determination, he continued, the owner has the option of appealing to the State, at which time the City's order would be vacated. He explained that the State would hear it within sixty to ninety days and stressed that his concern was that the State has already indicated that the mine has a vested right and operates in compliance with its valid reclamation plan. Mr. Montandon further reported that a development plan and agreement would provide the City with the authority to go beyond what a reclamation plan can do and ask for reclamation through grading and other processes to reclaim the whole site, even those portions excavated in the 30's, 40's and 50's before the State Mining and Reclamation Act (SMARA) was adopted. Councilman Luna asked how much material per year is allowed to be removed under the existing reclamation plan. Art Montandon explained that the existing reclamation plan does not have a limit on the amount. He clarified that when Mr. Millhollin submitted his reclamation plan to the County in 1980, a figure of an average of 7,000 cubic yards per year was apparently estimated as what had been removed up and until that time. Councilman Johnson expressed interest in exploring options regarding the best possible treatment of the site. Councilman Luna requested that staff prepare, at minimum, an update about what has transpired to date regarding settlement of the legal issue. Art Montandon summarized the status and indicated that he would bring forward a full report in Closed Session at the next meeting. He stated that staff will also prepare a list of options, including a future evidence hearing. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: CC 9/12/95 Page 3 1. CITY COUNCIL MINUTES - August 8, 1995 Staff& City Clerk's recommendation: Approve 2. CITY COUNCIL MINUTES - August 16, 1995 (Adjourned Meeting) Staff& City Clerk's recommendation: Approve 3. CITY COUNCIL MINUTES - August 22, 1995 Staff& City Clerk's recommendation: Approve 4. CITY COUNCIL MINUTES - August 29, 1995 (Adjourned Meeting) Staff& City Clerk's recommendation: Approve 5. APPROVAL OF WARRANTS FOR THE MONTH OF AUGUST, 1995 Staff recommendation: Approve 6. RESOLUTION NO. 84-95 - Approving adoption of the FY 1995/96 Budget Staff recommendation: Adopt 7. RESOLUTION NO. 86-95 - Authorizing the execution of a contract with A-Jay Excavating to construct Amapoa/Tecorida interim drainage improvements Staff recommendation: Adopt 8. FINAL TRACT MAP 91006, 8005 & 8025 AMAPOA AVE. - Creation of seven (7) parcels ranging in size from 3,095 sq. ft. to 4,810 sq. ft. for single-family residential use (Miller/Montanaro) (cont'd from 8/29/95) Staff recommendation: Approve 9. CITY COUNCIL APPROVAL OF EXCUSED ABSENCES (Councilmember Carden) Mayor's recommendation: Approve Councilman Johnson pulled Item #A-6. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve the Consent Calendar, with exception of Item #A-6; motion carried 4:0 by roll call vote. Re: #6. RESOLUTION NO. 84-95 - Approving adoption of the FY 1995/96 Budget Staff recommendation: Adopt Councilman Johnson requested clarification of the amount approved for the San Luis Obispo Visitors & Conference Bureau. The City Manager noted that the budget should reflect $5,550 (instead of $4,100 as indicated in the budget document) plus $1,000 and requested that the budget be approved with that revision. MOTION: By Councilman Johnson, seconded by Councilman Bewley to approve the budget, as revised; motion passed 4:0 by roll call CC 9/12/95 Page 4 vote. B. PUBLIC HEARINGS: 1. RESOLUTION NO. 15-95 - Adopting the Economic Development Element of the Atascadero General Plan Staff recommendation: Adopt Steve DeCamp provided the staff report and recommendation to approve. He summarized changes in the document reflective of Council direction given August 8, 1995. There were no questions from the Council. Public Comments: Rush Kolemaine, 4580 Potrero, mentioned that one change was necessary and pointed out that on page X-3, the words "customer oriented" should say "consumer oriented". He spoke in support of adoption but emphasized that the budget, as adopted, no longer includes $50,000 for the position of Economic Developer. He cautioned that the economic policy is moot until the money is appropriated and urged the Council to direct the City Manager to make the funds a priority. He also recommended that staff share the element with members of the Citizens Task Force for Economic Recovery to help them recognize future expectations. ---End of Public Testimony--- MOTION: By Councilman Johnson, seconded by Councilman Bewley to adopt Resolution No. 15-95, as revised. Discussion on the motion: Councilman Luna asserted that he will vote in opposition to adoption because the element includes the fatal flaw of endorsing handouts by government. He commented that development should be encouraged to come for the right reasons and not because of give-aways. Vote on the motion: Motion to adopt passed 3:1 (Luna voting in opposition). C. REGULAR BUSINESS: 1. REQUEST FOR A WAIVER OF AMAPOA/TECORIDA DRAINAGE IMPACT FEES FOR THE RESIDENCE AT 8300 COROMAR AVE. Staff recommendation: Deny request John Neil provided the staff report and recommended denial of the fee waiver. Public Comments: Tim Eckles, 8300 Coromar, spoke in support of his request. He pointed out that he lives 1.2 miles from the wetlands of Amapoa and explained that he doubted the CC 9/12/95 Page 5 minuscule runoff from his property will impact the area significantly. He explained that he is attempting to restore and maintain one of Atascadero's original Colony homes and reported that the drainage impact fees double his permit fees. Council questions to staff followed. John Neil described how the fees are calculated and provided a status report on the drainage impact fund. He explained that the fees collected are not sufficient to solve drainage problems in the lower Amapoa/Tecorida area. Mayor Highland noted that the drainage impact fee was established on the rationale that all uphill development above Morro Road bears some responsibility for drainage down in the area. Councilman Johnson commented that, short of restructuring, he could not see how the Council can approve a fee waiver. Responding to inquiry from Councilman Bewley, John Neil reported that there have not been other requests for fees waivers. Staff also confirmed that Mr. Eckles was not required to pay a fee to appeal. Tim Eckles remarked that, while he understands staff's recommendation, the ordinance is inconsistently administered and represents merely a "finger in the dike" resolution. MOTION: By Councilman Bewley, seconded by Councilman Johnson to deny the appeal; motion carried 4:0 by ro//ca// vote. 2. FORMATION OF LINDA VISTA AVENUE ASSESSMENT DISTRICT Staff recommendation: Provide direction John Neil provided the staff report and recommendation to authorize preliminary proceedings to form the district. He explained that a petition signed by seven property owners has been submitted in favor of establishing the assessment district and indicated that estimated preliminary costs will cover the cost of sending out notices, conducting a community meeting, site checks, review of earth/drainage cost, and preparing the cost estimate for the district. Councilman Luna asked if a letter would be mailed out to property owners to find out who approves of the district formation. John Neil indicated that this is the first step and stated that if there isn't at least 60% majority in favor, staff will not proceed. Mayor Highland speculated that it will be an expensive project. John Neil agreed and noted that the initial estimate is approximately $10,000 per parcel. Mayor Highland suggested that staff include a statement about approximate costs in the letter to property owners. Public Comments: Lindsay Hampton, 8402 Alta Vista, pointed out that the petition reflects only four households and commented that there are only six lots that have direct access. Neighboring residents take access by other streets, she said. Mrs. Hampton CC 9/12/95 Page 6 commented that she was opposed to the City spending money to study the issue when there isn't any extra money to pay for it. John Atherstone, 8330 Linda Vista, spoke in favor of forming the district and emphasized that large vehicles (including fire trucks, garbage trucks, tow trucks) must travel the road to provide services. He indicated that residents have attempted to maintain the road themselves with little success and want to see the road improved. James Vess, 8325 Linda Vista, also spoke in support and urged the Council to find out what it will cost to improve the road. Mrs. Mario Lopez, 8336 Linda Vista, also spoke in favor of forming the assessment district. ---End of Public Testimony--- John Neil reiterated that the first step will be to send out a letter to all property owners. If the majority of the neighborhood is not in favor, staff will not proceed. He also pointed out that only those residents who have direct access via Linda Vista will be polled and clarified that residents who gain access by another route will not be included in the district. By Council consensus, staff was authorized to begin preliminary preparations as recommended and directed to proceed with determining property owner interest. 3. RESOLUTION NO. 85-95 - Supporting the formation of a regional water agency to represent North S.L.O. County and the City of San Luis Obispo on water resource issues of regional concern Staff recommendation: Adopt Mayor Highland reported that he had requested that this item be placed on the agenda as a result of last month's North County Council Executive Committee meeting. The Mayor clarified that the policy statement supports the formation of a regional water agency to represent the North County on water resource issues and spoke in favor of adoption. He requested that, if approved, a copy of the resolution and policy be forwarded to the San Luis Obispo City Council for consideration at their meeting of September 19, 1995. Councilman Luna voiced concern that the policy statement does not point out that the City of Atascadero is unique in that the water purveyor is a separate entity and commented that he would be more comfortable if the Atascadero Mutual Water Company was referred to in the second paragraph of Section A of the policy. He added that they deserve a vote. Mayor Highland explained that the Water Company will be included precisely because they supply Atascadero with its water. He added that all entities will have representation once a regional water agency is formed. Public Comments: CC 9/12/95 Page 7 Eric Greening, 7365 Valle, commented that he agrees with the theory behind the resolution, but does however have one problem with it as worded. He suggested that the word "agency" be replaced with the word "planning group" and argued that all interested parties need to be at table to define projects. ---End of Public Testimony--- It was agreed that endorsement of the policy statement was one of the first steps and that the verbiage can be clarified as part of document adoption during the agency formation. MOTION: By Councilman Luna, Councilman Johnson to adopt Resolution No. 85-95; motion carried unanimously. 4. DESIGNATION OF CITY COUNCIL MEMBER VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Staff recommendation: Select a delegate The City Clerk provided a brief report. Council appointed Councilmember Ray Johnson as the voting delegate. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Mayor Highland reported that the County Water Advisory Board met on September 6, 1995 and announced that the Nacimiento Water Purveyors Advisory Group would be meeting on September 14, 1995. 2. Economic Round Table - Councilman Johnson reported that the Round Table meets on Wednesday, September 20, 1995 at 7:00 a.m. 3 Air Pollution Control District - Mayor Highland reported that the September meeting has been canceled. The District will meet on October 2, 1995. 4. North County Council - Mayor Highland reported that the Executive Committee will meet on Thursday, September 28, 1995 at the Lake Park Pavilion. 5. Integrated Waste Management Authority - Councilman Luna announced that the Authority will meet on September 13, 1995. He also noted that Kelly Heffernon is now serving as Vice President of the technical committee. E. INDIVIDUAL DETERMINATION AND/OR ACTION: CC 9/12/95 Page 8 1. City Council Councilman Johnson reported that he had received some letters regarding drainage on Atascadero Avenue and EI Centro. The City Manager indicated that staff has communicated with both property owners and are seeking to resolve the problems. 2. City Attorney Art Montandon noted that the added Closed Session item is for the purposes of discussing potential litigation regarding the Orange County Investment Pool. 3. City Clerk: Schedule dates for interview of applicants for City Treasurer and Consortium for Community Media The City Clerk provided a status report on recruitments for City Treasurer and for a citizen representative on the Consortium for Community Media Task Force. The City Council agreed to meet at 6.00 p.m. on Tuesday, September 26, 1995 for purposes of interviewing candidates for the Consortium for Community Media Task Force. In addition, the City Council agreed to meet, at a time to be later decided, before the regular meeting on Tuesday, October 10, 1995 for purposes of interviewing candidates for City Treasurer. 4. City Treasurer Micki Korba reported that she hopes to have City Treasurer Reports for July and August soon and clarified that the delay is because of year-end closing of the books. The Mayor adjourned the meeting to Closed Session at 9:15 p.m. CLOSED SESSION: The City Council met in a Closed Session to discussion potential litigation regarding the Orange County Investment Pool. Closed Session was adjourned at approximately 9:15 p.m. The City Council gave direction to the City Manager regarding litigation. THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, SEPTEMBER 26, 1995 AT 6:00 P.M. MINUTES RECORDED AND PREPARED BY: LEE PRICE, City Clerk Attachments: Exhibit "A" (Brenton) Exhibit "B" (Fahsing) CC 9/12/95 Page 9 Approved as Submitted Meeting Date: 09/26/95 ATASCADERO CITY COUNCIL SEPTEMBER 12, 1995 MINUTES The Mayor called the meeting to order at 7:05 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Johnson, Luna and Mayor Highland Absent: Councilmember Carden Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney; Roy Hanley, Deputy City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Bud McHale, Police Chief; Steve DeCamp, City Planner and John Neil, Assistant City Engineer PRESENTATIONS: O Presentations to the contributors to the City/County tennis court additions at Hellmann Park The Mayor presented plaques to Mike Cannon of Cannon Associates and David Graham representing the Chalk Mountain Tennis Association. Also recognized, but unable to be present, was John Dallaire of A-J Excavating, Incorporated. Tim Gallagher, San Luis Obispo County Parks Department, reported that the County had contributed $225,000 to build the tennis courts and explained that the project became a reality because of local contributions in construction and on-going maintenance. He announced that a Grand Opening celebration is scheduled for early October and invited all to attend. Mayor Highland expressed appreciation to the County. CITY MANAGER'S COMMENTS: Andy Takata requested that the Council add a Closed Session to the end of the CC 9/12/95 Page 1 regular agenda. He noted that the matter relates to the Orange County Investment Pool and because of the late notice, would require a 4/5 vote by the Council to add. MOTION: By Councilman Luna, seconded by Councilman Johnson to add a Closed Session to the agenda; motion passed 4.a CITY ATTORNEY'S COMMENTS: Status report on the adult book store (verbal) Art Montandon reported that he and his wife are involved in negotiations regarding a property purchase within 300 feet of the proposed bookstore and because of State Fair Political Practice Commission regulations he can no longer participate in this matter. He noted that the Deputy City Attorney, Roy Hanley, will assist in this regard from this time forward. Steve DeCamp provided the status report and indicated that the owner of the proposed bookstore has filed an incomplete application for a business license and has not responded to staff's request for additional information. He explained that staff has had discussions with the owner regarding renovations and changes to the structure but confirmed that a building permit application has not yet been submitted. Councilman Johnson requested that staff ensure that the public is notified when a date is selected for the attorney from the National Law Center for Children & Families to come to Atascadero to meet with members of the community. COMMUNITY FORUM: Daphne Fahsing, 5105 Llano Road, read a prepared statement protesting continued operations at the Millhollin Mine (see Exhibit "A"). Susan Johanssen, Santa Ynez Avenue resident, spoke in opposition to the proposed bookstore. Jim Brenton, 11645 Santa Lucia, read a prepared statement regarding continued operations at the Millhollin Mine (See Exhibit "B"). Tom Austin, 10780 EI Camino Real, urged the City Council to extend Urgency Ordinance No. 293 regulating adult businesses and suggested that it be revised to include language requiring that any employee present on the premises is responsible for compliance. Responding to Council inquiry, the Deputy City Attorney explained that the pending application for an adult bookstore is exempted from the ordinance but clarified that if, for any reason, the proposed bookstore at that location does not go in, the ordinance would preclude any other application for an adult business at that site. Council and staff discussion followed relative to the Millhollin Mine. The City Attorney noted that the owner's appeal of staff's determination that an Environmental Impact Report (EIR) is required prior to consideration of the proposed closure and residential re-use plan for the quarry site is scheduled for the City Council meeting of September CC 9/12/95 Page 2 26, 1995. He explained that two continuances have been requested to date and indicated that if the owner asks for another one, the Council has the discretion to deny or grant it. The Mayor asserted that he will not support another request for continuance. Councilman Luna asked the City Attorney if he was familiar with the appellant court decision referred to in Mr. Brenton's testimony (Hansen v. Board of Supervisors). Art Montandon indicated that the case has been de-certified and is currently at the Supreme Court of California and is not at this time law that can be relied upon. Councilman Luna requested staff to bring back at the next meeting, in addition to the appeal of the EIR, all options available regarding long-term treatment of the site. The Councilman Luna also spoke in support of a mining moratorium until some resolution is agreed upon about whether there will be a reclamation plan, a subdivision agreement or an EIR. The City Attorney reported that the City has never acted officially to stop the operations at the mine; Mr. Millhollin voluntarily agreed in the past to stop mining at that location. He advised that if the City Council decides to exercise its lead agency authority and, after hearing, determines that operations at the mine violate some law or permit the City has jurisdiction over, it could not be done within two weeks. If Council does make such a determination, he continued, the owner has the option of appealing to the State, at which time the City's order would be vacated. He explained that the State would hear it within sixty to ninety days and stressed that his concern was that the State has already indicated that the mine has a vested right and operates in compliance with its valid reclamation plan. Mr. Montandon further reported that a development plan and agreement would provide the City with the authority to go beyond what a reclamation plan can do and ask for reclamation through grading and other processes to reclaim the whole site, even those portions excavated in the 30's, 40's and 50's before the State Mining and Reclamation Act (SMARA) was adopted. Councilman Luna asked how much material per year is allowed to be removed under the existing reclamation plan. Art Montandon explained that the existing reclamation plan does not have a limit on the amount. He clarified that when Mr. Millhollin submitted his reclamation plan to the County in 1980, a figure of an average of 7,000 cubic yards per year was apparently estimated as what had been removed up and until that time. Councilman Johnson expressed interest in exploring options regarding the best possible treatment of the site. Councilman Luna requested that staff prepare, at minimum, an update about what has transpired to date regarding settlement of the legal issue. Art Montandon summarized the status and indicated that he would bring forward a full report in Closed Session at the next meeting. He stated that staff will also prepare a list of options, including a future evidence hearing. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: CC 9/12/95 Page 3 1. CITY COUNCIL MINUTES - August 8, 1995 Staff& City Clerk's recommendation: Approve 2. CITY COUNCIL MINUTES - August 16, 1995 (Adjourned Meeting) Staff& City Clerk's recommendation: Approve 3. CITY COUNCIL MINUTES - August 22, 1995 Staff& City Clerk's recommendation: Approve 4. CITY COUNCIL MINUTES - August 29, 1995 (Adjourned Meeting) Staff& City Clerk's recommendation: Approve 5. APPROVAL OF WARRANTS FOR THE MONTH OF AUGUST, 1995 Staff recommendation: Approve 6. RESOLUTION NO. 84-95 - Approving adoption of the FY 1995/96 Budget Staff recommendation: Adopt 7. RESOLUTION NO. 86-95 - Authorizing the execution of a contract with A-Jay Excavating to construct Amapoa/Tecorida interim drainage improvements Staff recommendation: Adopt 8. FINAL TRACT MAP 91006, 8005 & 8025 AMAPOA AVE. - Creation of seven (7) parcels ranging in size from 3,095 sq. ft. to 4,810 sq. ft. for single-family residential use (Miller/Montanaro) (cont'd from 8/29/95) Staff recommendation: Approve 9. CITY COUNCIL APPROVAL OF EXCUSED ABSENCES (Councilmember Carden) Mayor's recommendation: Approve Councilman Johnson pulled Item #A-6. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve the Consent Calendar, with exception of Item #A-6; motion carried 4:0 by roll call vote. Re: #6. RESOLUTION NO. 84-95 - Approving adoption of the FY 1995/96 Budget Staff recommendation: Adopt Councilman Johnson requested clarification of the amount approved for the San Luis Obispo Visitors & Conference Bureau. The City Manager noted that the budget should reflect $5,550 (instead of $4,100 as indicated in the budget document) plus $1,000 and requested that the budget be approved with that revision. MOTION: By Councilman Johnson, seconded by Councilman Bewley to approve the budget, as revised; motion passed 4:0 by roll call CC 9/12/95 Page 4 vote. B. PUBLIC HEARINGS: 1. RESOLUTION NO. 15-95 - Adopting the Economic Development Element of the Atascadero General Plan Staff recommendation: Adopt Steve DeCamp provided the staff report and recommendation to approve. He summarized changes in the document reflective of Council direction given August 8, 1995. There were no questions from the Council. Public Comments: Rush Kolemaine, 4580 Potrero, mentioned that one change was necessary and pointed out that on page X-3, the words "customer oriented" should say "consumer oriented He spoke in support of adoption but emphasized that the budget, as adopted, no longer includes $50,000 for the position of Economic Developer. He cautioned that the economic policy is moot until the money is appropriated and urged the Council to direct the City Manager to make the funds a priority. He also recommended that staff share the element with members of the Citizens Task Force for Economic Recovery to help them recognize future expectations. ---End of Public Testimony--- MOTION: By Councilman Johnson, seconded by Councilman Bewley to adopt Resolution No. 15-95, as revised. Discussion on the motion: Councilman Luna asserted that he will vote in opposition to adoption because the element includes the fatal flaw of endorsing handouts by government. He commented that development should be encouraged to come for the right reasons and not because of give-aways. Vote on the motion: Motion to adopt passed 3:1 (Luna voting in opposition). C. REGULAR BUSINESS: 1. REQUEST FOR A WAIVER OF AMAPOA/TECORIDA DRAINAGE IMPACT FEES FOR THE RESIDENCE AT 8300 COROMAR AVE. Staff recommendation: Deny request John Neil provided the staff report and recommended denial of the fee waiver. Public Comments: Tim Eckles, 8300 Coromar, spoke in support of his request. He pointed out that he lives 1.2 miles from the wetlands of Amapoa and explained that he doubted the CC 9/12/95 Page 5 minuscule runoff from his property will impact the area significantly. He explained that he is attempting to restore and maintain one of Atascadero's original Colony homes and reported that the drainage impact fees double his permit fees. Council questions to staff followed. John Neil described how the fees are calculated and provided a status report on the drainage impact fund. He explained that the fees collected are not sufficient to solve drainage problems in the lower Amapoa/Tecorida area. Mayor Highland noted that the drainage impact fee was established on the rationale that all uphill development above Morro Road bears some responsibility for drainage down in the area. Councilman Johnson commented that, short of restructuring, he could not see how the Council can approve a fee waiver. Responding to inquiry from Councilman Bewley, John Neil reported that there have not been other requests for fees waivers. Staff also confirmed that Mr. Eckles was not required to pay a fee to appeal. Tim Eckles remarked that, while he understands staff's recommendation, the ordinance is inconsistently administered and represents merely a "finger in the dike" resolution. MOTION: By Councilman Bewley, seconded by Councilman Johnson to deny the appeal; motion carried 4.0 by roll call vote. 2. FORMATION OF LINDA VISTA AVENUE ASSESSMENT DISTRICT Staff recommendation: Provide direction John Neil provided the staff report and recommendation to authorize preliminary proceedings to form the district. He explained that a petition signed by seven property owners has been submitted in favor of establishing the assessment district and indicated that estimated preliminary costs will cover the cost of sending out notices, conducting a community meeting, site checks, review of earth/drainage cost, and preparing the cost estimate for the district. Councilman Luna asked if a letter would be mailed out to property owners to find out who approves of the district formation. John Neil indicated that this is the first step and stated that if there isn't at least 60% majority in favor, staff will not proceed. Mayor Highland speculated that it will be an expensive project. John Neil agreed and noted that the initial estimate is approximately $10,000 per parcel. Mayor Highland suggested that staff include a statement about approximate costs in the letter to property owners. Public Comments: Lindsay Hampton, 8402 Alta Vista, pointed out that the petition reflects only four households and commented that there are only six lots that have direct access. Neighboring residents take access by other streets, she said. Mrs. Hampton CC 9/12/95 Page 6 commented that she was opposed to the City spending money to study the issue when there isn't any extra money to pay for it. John Atherstone, 8330 Linda Vista, spoke in favor of forming the district and emphasized that large vehicles (including fire trucks, garbage trucks, tow trucks) must travel the road to provide services. He indicated that residents have attempted to maintain the road themselves with little success and want to see the road improved. James Vess, 8325 Linda Vista, also spoke in support and urged the Council to find out what it will cost to improve the road. Mrs. Mario Lopez, 8336 Linda Vista, also spoke in favor of forming the assessment district. ---End of Public Testimony--- John Neil reiterated that the first step will be to send out a letter to all property owners. If the majority of the neighborhood is not in favor, staff will not proceed. He also pointed out that only those residents who have direct access via Linda Vista will be polled and clarified that residents who gain access by another route will not be included in the district. By Council consensus, staff was authorized to begin preliminary preparations as recommended and directed to proceed with determining property owner interest. 3. RESOLUTION NO. 85-95 - Supporting the formation of a regional water agency to represent North S.L.O. County and the City of San Luis Obispo on water resource issues of regional concern Staff recommendation: Adopt Mayor Highland reported that he had requested that this item be placed on the agenda as a result of last month's North County Council Executive Committee meeting. The Mayor clarified that the policy statement supports the formation of a regional water agency to represent the North County on water resource issues and spoke in favor of adoption. He requested that, if approved, a copy of the resolution and policy be forwarded to the San Luis Obispo City Council for consideration at their meeting of September 19, 1995. Councilman Luna voiced concern that the policy statement does not point out that the City of Atascadero is unique in that the water purveyor is a separate entity and commented that he would be more comfortable if the Atascadero Mutual Water Company was referred to in the second paragraph of Section A of the policy. He added that they deserve a vote. Mayor Highland explained that the Water Company will be included precisely because they supply Atascadero with its water. He added that all entities will have representation once a regional water agency is formed. Public Comments: CC 9/12/95 Page 7 Eric Greening, 7365 Valle, commented that he agrees with the theory behind the resolution, but does however have one problem with it as worded. He suggested that the word "agency" be replaced with the word "planning group" and argued that all interested parties need to be at table to define projects. ---End of Public Testimony--- It was agreed that endorsement of the policy statement was one of the first steps and that the verbiage can be clarified as part of document adoption during the agency formation. MOTION: By Councilman Luna, Councilman Johnson to adopt Resolution No. 85-95; motion carried unanimously. 4. DESIGNATION OF CITY COUNCIL MEMBER VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Staff recommendation: Select a delegate The City Clerk provided a brief report. Council appointed Councilmember Ray Johnson as the voting delegate. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Mayor Highland reported that the County Water Advisory Board met on September 6, 1995 and announced that the Nacimiento Water Purveyors Advisory Group would be meeting on September 14, 1995. 2. Economic Round Table - Councilman Johnson reported that the Round Table meets on Wednesday, September 20, 1995 at 7:00 a.m. 3 Air Pollution Control District - Mayor Highland reported that the September meeting has been canceled. The District will meet on October 2, 1995. 4. North County Council - Mayor Highland reported that the Executive Committee will meet on Thursday, September 28, 1995 at the Lake Park Pavilion. 5. Integrated Waste Management Authority - Councilman Luna announced that the Authority will meet on September 13, 1995. He also noted that Kelly Heffernon is now serving as Vice President of the technical committee. E. INDIVIDUAL DETERMINATION AND/OR ACTION: CC 9/12/95 Page 8 1. City Council Councilman Johnson reported that he had received some letters regarding drainage on Atascadero Avenue and EI Centro. The City Manager indicated that staff has communicated with both property owners and are seeking to resolve the problems. 2. City Attorney Art Montandon noted that the added Closed Session item is for the purposes of discussing potential litigation regarding the Orange County Investment Pool. 3. City Clerk: Schedule dates for interview of applicants for City Treasurer and Consortium for Community Media The City Clerk provided a status report on recruitments for City Treasurer and for a citizen representative on the Consortium for Community Media Task Force. The City Council agreed to meet at 6.00 p.m. on Tuesday, September 26, 1995 for purposes of interviewing candidates for the Consortium for Community Media Task Force. In addition, the City Council agreed to meet, at a time to be later decided, before the regular meeting on Tuesday, October 10, 1995 for purposes of interviewing candidates for City Treasurer. 4. City Treasurer Micki Korba reported that she hopes to have City Treasurer Reports for July and August soon and clarified that the delay is because of year-end closing of the books. The Mayor adjourned the meeting to Closed Session at 9:15 p.m. CLOSED SESSION: The City Council met in a Closed Session to discussion potential litigation regarding the Orange County Investment Pool. Closed Session was adjourned at approximately 9:15 p.m. The City Council gave direction to the City Manager regarding litigation. THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, SEPTEMBER 26, 1995 AT 6:00 P.M. MINUTES RECORD D A D PREPARED BY: LEE P CE, City Clerk Attachments: Exhibit "A" (Brenton) Exhibit "B" (Fahsing) CC 9/12/95 Page 9 PUBLIC COMMENT cc 09/12/95 EXHIBIT "A" Tuesday, September 12, 1995 SUBJECT: MILLHOLLIN MINE Jim Brenton, 11465 Santa Lucia Road, Atascadero, CA Gentlemen, It was July 11, 1995 that I first talked to you regarding the continued operation of the Millhollin mine, past the expiration date of the Interim Operations Agreement May 30, 1995, three and one half (3 1/2) months ago. During that public comment session I was informed by the City Attorney "that there was nothing that.could be done because Mr. Millhollin has vested rights to mine at the location." The question of vested rights may be true, however tonight I hope to provide a path of action which will protect Mr. Millhoilin's historical vested rights to mine plus legal support for the action I will be recommending the Council take. Atascadero is not the only community in the State of California where mine owners have tried to expand or increase their operation to remove more material then they had historically been removing from their mine locations. Nevada County in the State of California has a mine owned by the Hansen Brothers. Like the Millhollin mine, the Hansen Brothers mine has gained its historical vested rights by being in operation and establishing an amount of material which it had been removing from the mine prior to the enacting of S.M.A.R.A. (State Mining & Reclamation Act) in 1975. In the Hansen Brothers mine, the vested rights amounted to 1,300 cubic yards per year. For the Millhollin mine, if we use the figures on the 1980 Reclamation plan which shows 67,000 cubic yards removed since 1945, then the historical vested rights for the mine would be approximately 2,000 cubic yards per year. Like the Millhollin mine did in 1991, the Hansen Brothers mine also tried to expand and increase the amount of material to be removed from the mine. The County Board of Supervisors voted to limit the amount of material which could be removed to the historical vested right without the filing of _1, PUBLIC COMMENT a new reclamation plan and use permit. This action by the Nevada County Board of Supervisors, limiting the amount of material to be removed to the historical vested rights has been upheld by the local count, plus the Third District Appellate court. It is my recommendation that the Council vote as soon as possible to limit the amount of material being removed from the mine to the historical vested right of approximately 2,000 cubic yards per year. This action may not make all parties as happy as they would like , however it does accomplish the following: 1. Protect Mr. Millhollin's vested right to mine at the location. 2. Establishes an amount that the neighbors were use to seeing removed from the mine when most of them bought their present homes. 3. Allows you to deal with other important matters for Atascadero. 4. Gives Mr. Millhollin the ability to plan the future of the location. ^ Does he want to mine under his historical vested rights requirements. ^ Does he want to stop mining and become a developer, which would require compliance with all city regulations. ^ Does he want to mine and increase the amount of material to be removed by filing a new approved reclamation plan and use permit. -2- CC 09/12/95 EXHIBIT "B" Public Comment, Tuesday, Sept - 12 ,1995 Subject: Millhollin Mine Daphne Fahsing, 5105 Llano Rd . I hope you've had a chance to read the letters I put in your box yesterday concerning the Millhollin Mine. A staff History of the Millhollin Quarry dated August 1, 1995,:_ states . that_ Mr. Millhollin has appealed the EIR determination and requests to suspend the appeal hearing until the Sept. 12 Council agenda. However, it is not on tonight 's agenda, and i understand that Mr. Millhollin has again appealed for another extension, and he has been granted that extension. If the City truly wants to settle this litigation, why is Mr. Millhollin granted extension after extension and delay after delay? It ' s doing nothing but costing everybody a lot of money, and the mine continues to operate; the mountain continues to be destroyed - which is what Mr. Millhollin really wants . And this is especially aggravating because we were forced into this lawsuit when the Council refused to give us a 30-day extension before the Interim Agreement was signed. I 'd like to repeat what I said in my statement to the Council on August 8,1995 : "Once the Interim Operations Agreement expired (at the end of May) without the agreed- upon requirements being completed by the Millhollins, no further operations should have been allowed until litigation is resolved Thatwouldhave stopped the delaying actions , and the lawsuit could have proceeded. I can't help wondering, if this public eyesore was in a more noticeable location, for instance facing the freeway where all who passed could see this blight on our landscape, more. . . . . . . . . Daphne Fahsing, Millhollin Mine - page 2 would not the Council have found a way to stop it? You did close the mine for several months in 1994; you could do it again as Mr. Millhollin has continually "thumbed his nose" at you (to use an old expression) and ignored everything you 've asked him to do. I hope you won't allow him to bluff his way out of the EIR as well . 0000000