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HomeMy WebLinkAboutMinutes 092695 Approved as Submitted Meeting Date: 10/10/95 ATASCADERO CITY COUNCIL SEPTEMBER 26, 1995 MINUTES INTERVIEW SESSION (Open) - 6:00 P.M. (4th Floor Club Rm.): A. Interview candidates for the Consortium for Community Media B. Select, by ballot, one C. Resolution No. 88-95 - Formalizing the appointment At 6:00 p.m., the City Council conducted interviews for the Consortium for Community Media Task Force. Councilmembers Bewley, Johnson, Luna and Mayor Highland were present. Councilmember Carden was absent. Also present was Lee Price, City Clerk, Micki Korba, City Treasurer and Andrew J. Takata, City Manager. Candidates interviewed were Hal Johnston, Rush Kolemaine and Harvey Levenson. Applicant Michael Hordeski was not able to be present because of a prior commitment. There was consensus to consider this applicant despite his absence. Following the interviews, the City Council unanimously selected Harvey Levenson by ballot read by the City Clerk. MOTION: By Councilman Bewley, seconded by Councilman Luna to adopt Resolution No. 88-95 appointing Harvey Levenson to the Consortium for Community Media Task Force; motion carried 4:0. CLOSED SESSION - 6:45 P.M. (4th Floor Club Rm.): The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Names of Cases: 1) Santa Lucia Neighbors Assoc. v. City of Atascadero 2) Thomason v. City of Atascadero 3) City of Atascadero v. Orange County Closed Session was adjourned at 6:55 p.m. There were no announcements. REGULAR SESSION - 7:00 P.M. (Rotunda): The Mayor called the meeting to order at 7:03 p.m. Councilperson Johnson led the Pledge of Allegiance. CC 09/26/95 Page 1 ROLL CALL: Present: Councilmembers Bewley, Johnson, Luna and Mayor Highland Absent: Councilmember Carden (excused) Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney; Roy Hanley, Assistant City Attorney, Steve DeCamp, City Planner; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Lt. John Barlow, Police Department; John Neil, Assistant City Engineer and Gary Kaiser, Associate Planner PRESENTATIONS: O Recognition to organizers of Tuesday Night at the Lake summer events The Mayor presented plaques to Lee Swam and to Irene Bishop, President of the Atascadero Community Band. O Recognition to outgoing Planning Commissioners Mayor Highland recognized outgoing members of the Planning Commission: Chris Bonnema, Michael Messer and Roger Miller. COMMUNITY FORUM: O City Attorney: Status report on the adult book store (verbal) Assistant City Attorney Roy Hanley reported that Janet LaRue from the National Law Center for Children and Families will be in Atascadero on October 26th for purposes of meeting with the community to assist with the drafting of the most enforceable ordinance possible for regulating adult businesses. He clarified that she will not be representing any particular group and the meeting will not be a City Council meeting. Public Comments: Thomas Austin, 10780 EI Camino Real, urged the City Council to consider community standards and the adverse effects of pornography. Daniel McPherson, 12500 EI Camino Real, called for a firm stand against the proposed bookstore. He implored City staff to ensure that the applicant be made to jump CC 09/26/95 Page 2 through all legal hoops required. David Frye, 5070 Rosario, asked for a status report on the bookstore business license application and where can he get a copy of the urgency ordinance regulating adult businesses. He also suggested that staff obtain a copy of the City of San Luis Obispo's ordinance. In closing, Mr. Frye reported that the property owner is having some improvements made to the building and observed that vehicles parked in front of the building for the entire day are not being ticketed for over parking. Bonita Borgeson, 4780 Del Rio Road, protested the bookstore and reminded the Council that the citizens are deeply concerned and opposed to it. She urged the City to enforce City laws. ---End of Public Testimony--- Councilman Johnson responded to comments made by the public and emphasized that laws must be equally applied and enforced. He assured the public that the Council and staff are pursuing the issue vigorously. A. CONSENT CALENDAR: Mayor Highland read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - September 12, 1995 Staff& City Clerk's recommendation: Approve 2. CITY TREASURER'S REPORT - July, 1995 Staff& City Treasurer's recommendation: Accept 3. CITY TREASURER'S REPORT - August, 1995 Staff& City Treasurer's recommendation: Accept 4. FINAL TRACT MAP 92002, 5100 SAN ANSELMO - Subdivision of one 5.3-acre parcel into four residential lots containing approximately 1.0 acres each and one lot containing approximately 1.5 acres. (Gearhart/Wilson Land Surveys) Staff recommendation: Approve 5. FRIENDS OF THE LIBRARY REQUEST FOR PAYMENT FROM DESIGNATED GENERAL FUND RESERVES Staff recommendation: Review & provide direction Mayor Highland pulled Item #A-5. The City Manager requested that Item #A-4 be continued because the map was not complete. There was consensus to continue Item #A-4 to October 10, 9995. MOTION: By Councilman Johnson, seconded by Councilman Luna to approve Items #A-1, 2 & 3; motion carried 4:0 by roll call vote. CC 09/26/95 Page 3 Re: Item #A-5. FRIENDS OF THE LIBRARY REQUEST FOR PAYMENT FROM DESIGNATED GENERAL FUND RESERVES Staff recommendation: Review &provide direction Brad Whitty provided the report and explained that a former City Council had agreed to contribute $35,000 toward the library expansion and reported that funds had not been appropriated in the 1995/96 Fiscal Year budget. The monies, he added, would require an appropriation from the contingency fund. Public Comments: Sarah Gronstrand, Friends of the Library, responded to Council questions regarding funds already raised by the Friends of the Library and contributions made by San Luis Obispo County. Mrs. Gronstrand explained that there is over $200,000 in the trust fund and reported that the County has purchased two lots valued at $270,000 on which the library will be expanded. She clarified that the project will cost 1.5 million dollars and construction will begin when all the money is raised. ---End of Public Testimony--- The City Manager clarified that the former Council committed to a contribution of $35,000 contingent upon the County agreeing to match the amount. The Finance Director reported that the County has more than matched the City's share by purchasing the land. Discussion ensued. Councilman Johnson noted that the unbudgeted expenditure would greatly reduce funds in the contingency account. He suggested that the matter be deferred until staff can come back with a plan for appropriation. Councilman Luna asserted that the City Council should formally go on record indicating that it plans to live up to the promise made by the former Council in 1990. The City Council unanimously agreed that it has every intention of honoring the previous Council's promise and directed staff to come back at the next Council meeting with a recommendation regarding how the obligated contribution will be paid for. B. PUBLIC HEARINGS: 1. URGENCY ORDINANCE NO. 294 - Prohibiting uses in conflict with zoning proposal concerning location of adult businesses, and further prohibiting location of adult businesses within a specified distance of public parks, churches and schools and within the downtown, pending consideration of proposed ordinances by the City Council Deputy City Attorney's recommendation: Motion to introduce and adopt on first and only reading, by title only (Requires 4/5 vote) CC 09/26/95 Page 4 Roy Hanley provided the staff report and responded to brief questions. He noted that the new ordinance will extend the moratorium on adult businesses for four months and reported that the urgency ordinance will become effective immediately if adopted by a 4/5 vote. He explained that staff is working on a zoning ordinance that will be presented in public hearings at both the Planning Commission and City Council in the next couple of months. Public Comments: Tom Austin commented that things always take longer than expected and encouraged the City Council to extend the urgency ordinance for a longer period of time. He pointed out that an eleven-month extension is permissible by law. ---End of Public Testimony--- Responding to Council inquiry, Mr. Hanley explained that staff is far along in the fact- gathering process and believes four months to be a reasonable and appropriate time extension. He advised the Council that they cannot chose to extend the urgency ordinance for the maximum time allowed as a way to delay any potential project. He also reported that staff is investigating an appellant court case decision relative to an amortization period for adult businesses and further explained that he is collecting adult business ordinances throughout the State. MOTION: By Councilman Luna, seconded by Councilman Johnson to waive the reading in full and read by title only Urgency Ordinance No. 294; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt Urgency Ordinance No. 294; motion passed 4:0 by roll call vote. Item #B-2 was deferred until after Item #B-3 because San Luis Obispo Council of Governments staff was not yet present. 3. APPEAL OF STAFF DETERMINATION THAT AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED PRIOR TO CONSIDERATION OF THE PROPOSED CLOSURE & RESIDENTIAL RE-USE PLAN FOR THE MILLHOLLIN QUARRY SITE Staff recommendation: Consider project merits and deny appeal The City Attorney announced that Glenn Millhollin had withdrawn his appeal of staff's determination that an Environmental Impact Report (EIR) is required and reported that the EIR will be processed. He explained that he had prepared a status report about mining operations, including enforcement options, and commented that this matter is appropriate for public comment. He clarified that any direction from Council would come forward at another meeting. The City Attorney provided an overview of his 1994 memo and recommendations (included in the agenda packet) and advised that the City Council do nothing at this CC 09/26/95 Page 5 point but advise staff to continue working with the property owner to draft a development agreement that will culminate in eventual closure of the mine within 7 to 10 years. Council questions and comments followed. Councilman Luna shared concern that the property owner may use the development agreement process as a device for further delay and meanwhile continue mining. He recommended that, at minimum, staff should bring forward a status report on forthcoming agendas. Mayor Highland spoke in favor of working out a re-development plan that will, in the long-run, best suit the residents and community at-large. He commented that a development agreement can clearly define timelines and document expectations. Councilman Johnson cautioned that acceptable timelines are not ones that go on and on. Staff was asked to summarize what kind of controls are possible. The City Attorney advised that a development agreement can specify how much can be mined, when the mine will be closed and set forth controls that would reclaim the site even if homes are not built, despite development plans. Public Comments: Marcia Torgerson, 6200 Llano Road, read a prepared statement urging the City to enforce its lead agency status (see Exhibit "A"). Daphne Fahsing, 5105 Llano Road, urged the City Council to close the mine while the EIR is being completed. Eric Greening, 7365 Valle, agreed that the mine should be closed while the EIR is being performed. He pointed out that the approved reclamation plan is antiquated and pondered whether or not the legal position would change if it could be proven that there is an imminent threat to public health and safety. Paul Rose, 7200 Llano Road, commented that the property owner is dragging his feet and is pitting residents and City officials against one another. He encouraged the adoption of new mining regulations and stressed the importance of enforcement. ---End of Public Testimony--- The City Attorney pointed out that health and safety issues can be addressed in a nuisance hearing if there is evidence. Councilman Luna asked the City Attorney to address issues like appropriate fencing in certain areas at the mining site, designating particular areas for mining activities and other operational standards. 2. ORDINANCE NO. 295 - Adopting trip reduction measures in accordance with Government Code Sections 65089 & 65089.3 Staff recommendation: (1) Motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only CC 09/26/95 Page 6 Ron DeCarli, Executive Director of the San Luis Obispo Council of Governments, provided background and recommended approval. There were no questions or comments from the Council or public. MOTION: By Councilman Luna, seconded by Councilman Bewley to waive the reading in full of Ordinance No. 295; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Bewley to introduce on first reading Ordinance No. 295; motion carried unanimously by roll call vote. 4. APPEAL BY RICHARD SHANNON OF CONDITION 15(a) OF TENTATIVE TRACT MAP 95002, 3555 EL CAMINO REAL. As approved by the Planning Commission on August 15, 1995, Condition 15(a) requires construction of curb, gutter and sidewalk in order to subdivide a five-acre parcel into five one- acre lots Staff recommendation: Deny Councilman Bewley stepped down due to a potential conflict of interest. Steve DeCamp provided the staff report and recommendation to deny the appeal. Public Comments: John Faulkenstein, of Cannon & Associates and representing the appellant, indicated that the only Condition of Approval that is of concern is Condition #15(a). He commented that the applicant has no objection to widening the street but feels that the concrete work will not be attractive or fit into the character of the neighborhood. The City Clerk read a letter submitted by Prakash Patel, Best Western Colony Inn, in opposition to the applicant's request to delete Condition #15(a) (see Exhibit "B"). Richard Shannon, owner/developer, stated that it is not an issue of money but rather what makes sense. He suggested that it would be better to wait and require curb, gutter and sidewalk if the zoning (which is now primarily residential) is later changed to commercial. Doug Lewis, Tunitas Avenue resident, asked why the City is not considering some other circulation connections and commented that the present piece-meal visual pattern is not efficient. Eric Greening spoke in favor of the staff's recommendation to deny the appeal and commented that, as a pedestrian, sidewalks make a lot of difference, even though piecemeal. He added that he ultimately supports curb, gutter and sidewalk all the way from the Outlet Center to the downtown. ---End of Public Testimony--- CC 09/26/95 Page 7 MOTION: By Councilman Luna, seconded by Mayor Highland, to deny the appeal. Discussion on the motion: Councilman Johnson commented that he would be inclined to uphold the appeal if there was an approved mechanism for coming back at some other time with the improvements. Vote on the motion: Motion to deny the appeal passed 3:0 by roll call vote. Councilman Bewley returned to the dias. C. REGULAR BUSINESS: 1. REQUEST TO NAME EXPANDED ATASCADERO BRANCH LIBRARY AND CHILDREN'S WING IN HONOR OF MAJOR DONORS Staff recommendation: Endorse request Andy Takata amended the staff report by correcting the proposed name of the library (The Martin Polin Library in Atascadero). The City Manager noted that the County of San Luis Obispo has ultimate authority and proposed that the Council endorse the request of the Friends of the Library by sending to the Board of Supervisors a letter of support. Councilman Luna suggested that a biography be displayed somewhere in the Library that confirms the contributions made and provides some history. This, he commented, will so that in 20 or 30 years there will be more than just names. The City Manager agreed and indicated staff will address this suggestion. There was no public testimony. MOTION: By Councilman Luna, seconded by Councilman Johnson to endorse the request of the Friends of the Library; motion carried unanimously. 2. RESOLUTIONS NO. 92-95 & 93-95 - Authorizing an agreement with the USDA Natural Resources Conservation Service for City sponsorship of Emergency Watershed Protection projects Staff recommendation: Adopt Brady Cherry provided the staff report and noted that staff was requesting that two resolutions be adopted authorizing two separate projects: The Curvado Circle Residential Protection Project and the Atascadero Mutual Water Company Well Protection Project. He explained that a third project on Carmelita would not be pursued because one property owner has not agreed to participate. Other ideas are being considered for creek conservation in that area, he added. CC 09/26/95 Page 8 Public Comments: Eric Greening urged the Council to move forward with the project. He emphasized that the City must learn valuable lessons from the floods of last year and apply them to decisions regarding future building sites. ---End of Public Testimony--- MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Resolution No. 92-95; motion carried 4.0 by roll call. MOTION: By Councilman Bewley, seconded by Councilman Johnson to adopt Resolution No. 93-95; motion passed 4:0 by roll call. 3. RESOLUTION NO. 90-95 - Supporting the League of California Cities' resolution on sales tax redistribution to increase the amount received by cities to 2% (without increasing the sales tax to the public) Staff recommendation: Adopt Andy Takata provided the staff report and recommendation to approve. He noted that the request for support had come from the City of Covina and explained that the State continues to take funds from local government because it cannot balance its budget. This solution would increase the cities' share of sales tax revenue from 1 % to 2%. Public Comments: Eric Greening pondered whether the additional sales tax would be charged in the unincorporated areas of the County as well and, if not, shared concern that a two- tiered situation may arise resulting in higher prices for goods in cities. The City Manager clarified that the additional 1 % would not be an increase in tax to the consumer, would be statewide and would either go to cities or the county in areas unincorporated. ---End of Public Testimony--- MOTION: By Councilman Luna, Councilman Johnson to adopt Resolution No. 90-95; motion carried 4:0 by roll call vote. 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/S.L.O. Regional Transit Authority - Mayor Highland reported that the next meeting will be October 11, 1995. 2. City/School Committee - The City Manager reported that the committee will meet on Thursday, September 28, 1995. CC 09/26/95 Page 9 3. Economic Round Table - Councilman Johnson reported that the round table met the preceding week at which time discussions ensued in an attempt to identify what a future economic development coordinator could do in conjunction with staff. The round table is also looking at what can be done to start promoting what the City needs in the way of economic development. Recommendations will follow, he said. 4. North County Council (NCC) - Mayor Highland reported that the executive committee attended the San Luis Obispo City Council meeting on September 19 to endorse and support the city's adoption of the water policy statement developed by the NCC. The policy was adopted, he noted and announced that the NCC meets again on Thursday, September 28, 1995 at 7:00 p.m. in Paso Robles. 5. Integrated Waste Management Authority - Councilman Luna announced two upcoming special events: Household Hazardous Waste Collection event on September 30, 1995 and Compost-at-Cost distribution on October 28, 1995. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Highland requested follow-up on a previous Council request of staff to obtain an opinion from the Attorney General's Office relative to present LAFCO policies regarding property and sales tax distribution to cities and counties as a result of land annexation. Councilman Bewley noted that he would like to see an update on the Ad Hoc Building/Development Committee. Councilman Johnson asked for a status report on a recent gang-related incident. Lt. Barlow provided the oral report. 2. City Treasurer Micki Korba agreed to continue serving on the Citizens Task Force for Economic Recovery following the effective date of her resignation. 3. City Manager (Discussion on October 24, 1995, City Council meeting conflict with League of California Cities Annual Conference) Andy Takata provided an overview of the October 10th agenda and mentioned that the decision to cancel the second meeting in October because of the League's Annual Conference would be taken up at the next meeting. He also reported on staff and school district efforts to minimize student loitering after school and announced that the North County Telecommuting meeting would be held on September 27 in Paso CC 09/26/95 Page 10 Robles. As a follow-up to Item #C-2, the City Manager reported that Dirtman, of Atascadero, has volunteered to assist with the creek clean-up at Carmelita. THE MEETING WAS ADJOURNED AT 9:26 P.M. TO THE JOINT CITIES MEETING IN MORRO BAY ON WEDNESDAY, SEPTEMBER 27, 1995 AT 7:00 P.M. MINUTES R O DED D PREPARED BY: L E, City erk Attachments: Exhibit "A" (Torgerson) Exhibit "B" (Patel) CC 09/26/95 Page 11 y CC 9/26795 MARCIA MCCLURE TORGERSON EXHIBIT "A" 6200 Llano Road Atascadero, CA 93422 805-466-7980 September 26, 1995 RE: Millhollin EIR Appeal Atascadero City Council Mr. Millhollin had gotten along with his neighbors in Paradise Valley for 40 years. Everyone who lived out there knew the Mine was there. Many people, however, were told by their Realtors that the Mine was no longer functioning, and, up until a few years ago, they believed it because they never saw or heard any mining. That's how mild the mining had been up until a few years ago. If that rate of mining had continued, we would not be talking about this tonight. However, when the County went from removing a few thousand cubic yards of material per year to removing up to almost 30,000 cubic yards in just one year, the neighbors noticed. And when complaints started pouring in, what did the County do? They ignored them. Is it any wonder the neighborhood reacted? How would you feel if a business that operated in your neighborhood, which normally generated just a few truck trips per day past your house, suddenly generated 50-60 truck trips per day past your house? I'm sure you would have reacted the same as the neighbors of this mine. Therefore, let's remember why we are talking about this tonight; not because of a bunch of whining neighbors as some might say, but because of the County's behavior and Mr. Millhollin's lack of taking control of the situation which has damaged a 40-year history of compatibility between the neighborhood and this Mine. Now that the appeal has been withdrawn, I think that there needs to be some parameters set. What guarantee do you have that they will do an EIR? How much time is the City going to give the Millhollins to commence the preparation of the EIR? Will the mining operation that is taking place now be allowed to continue during the months of an. EIR preparation? If so, how will the_EIR consultant be able to evaluate the site if it is constantly changing? For example, since the Millhollins filed their application, the County has removed at least 5,000 cu.yds. of rock. So, if they were originally asking to remove 100,000 to 120,000 cu yds, does this mean that now they are reducing their original request? I bet not. Ifthe City allows the mining to continue during the EIR process, then you will be allowing the mining or "grading" to commence before the project has been approved. I am not aware of any other developer in this City that has been able to start their proposed project before it has been approved. Besides, the mining that is taking place now is not in compliance with the grading plan they have submitted to the City. The County is actually causing more damage which will require more grading than requested to bring the slopes to City requirements. 3 i S I'm sorry, but after all that has happened, I believe that the filing of this appeal, the numerous extensions requested, and now the withdrawal of the appeal just hours before this hearing, is just another example of how the City and the 4 neighborhood are being led down the garden path. Please don't be fooled into believing that because this appeal was withdrawn that you can let your guard down. I'm sure there are more shenanigans to come. In the City Attorney's report to City Council dated today the City Attorney quotes from a letter from the State Mining and Geology Board that I submitted to you at a previous meeting. He seems to base his conclusions on one sentence that he took from that letter. I am strongly aware of Dr. Parrish's opinions concerning this mine as I have spoken to him on several occasions. I could not see how, based on that letter, the City Attorney came to the conclusion that the State would probably overturn any action taken by the City Council if the action were appealed. I did not interpret his comments that way at all. { So, I called Dr. Parrish this morning and spoke to him at length concerning this issue. I read him the City Attorney's report and his response was that, contrary to the City Attorney's opinion, it is not the State's policy to overturn lead agency's decisions. He told me that the lead agency has lots of rights in these matters. He _ explained that, among other things, the lead agency has the authority to require a new permit if the mine has expanded their boundaries. The City's own ordinances say that the City will require a permit if a mining operation is expanded beyond the external boundaries of the surface mining site. Dr. Parrish asked me to read to you tonight section 2715 of SMARA. "#2715 - No provision of this chapter or any ruling, requirement, or policy of the board is a limitation on any of the following: (a) On the police power of any city or county or on the power of any city or county to declare, prohibit, and abate nuisances." He felt that quote might help you realize the power that you have concerning this issue. Dr. Parrish went on to explain how there are numerous mines in this state that have incomplete reclamation plans. Many of the lead agencies involved are in your same position, and many of them are taking a stand and enforcing restrictions on these mines. He admitted that, yes, a few have been sued by the mine owners, but that many have not. And, as in the case of the Hanson Brothers, the courts seem to be ruling in favor of the lead agencies. He said that those that are taking a stand are setting precedents for all others in similar situations. Please use your lead agency status to resolve this nuisance once and for all. Sincerely, Marcia McClure Torgerson /m 2 SEP 26 '95 04:07PM B/W COLONY Ili 3 CC9f 26/95 EXHIBIT "B" i i Septe*aber 26th, 1995 BM%6WM C,.*m t»" Steve DeCamp 3b00 Et C.amdm ttmt Community Development Department SmAmdmamtUffi01 City of Atascadero atmaodev,CA 9422 805466-4449 SM REF: city requtir4sent of at3955Sction of Real, A a$eade o�tt Oty tetrm sidewalk for site a� rt90&,ndW'y &aadwm}Est of I0I Dear Steve aftC�CA 93930 In retrospect to the high standards of 405 M-6733 construction the city of Atascadero has held in the past, &,%,.m we feel it is not only appropriate to have all new Kkffna&hm development require a few basics. It will also be fair to 406i so.6&h St. all the businesses located on El Camino Real who in the s �OR97603 past have had to conform to these standards. :n addition, it would not only enhance the area, but also provide for safe access for the development, its res idents and the general public. rw w,a"Wtiop" cal!SW 128-1234 Prs'kash Patel Lotus Management, Inc P.O. Boxes- San Pose, CA 93160 408+947+1797 41160