HomeMy WebLinkAboutMinutes 121295ATASCADERO CITY COUNCIL
DECEMBER 12, 1995
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CLOSED SESSION:
Approved as Submitted
Meeting Date: 1/23/96
The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to:
1. Conference With Legal Counsel - Discuss possible initiation of litigation: One
(1) potential case
2. Conference with Real Property Negotiator:
Property: 9085 Morro Road
Negotiating Parties: Brown / City of Atascadero
Under negotiation: Price and terms of payment
Closed Session was adjourned at 6.58 p.m. The City Council gave direction to
counsel and the property negotiator.
REGULAR SESSION:
The Mayor called the meeting to order at 7:04 p.m. Councilperson Johnson led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Brady Cherry, Director of
Community Services; Brad Whitty, Finance Director; Bud
McHale, Police Chief and John Neil, Assistant City Engineer
COUNCIL COMMENTS:
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The Mayor announced that the second meeting in December was officially canceled
due to the holidays.
SPECIAL PRESENTATIONS:
The Mayor proclaimed the month of December 1995 as "EOC 30th Anniversary
Month" and presented the proclamation to Jody Smith of the Economic Opportunity
Commission (EOC).
The Mayor presented plaques of appreciation to Milton Souza, Food 4 Less Manager,
for outstanding support of the Charles Paddock Zoo.
COMMUNITY FORUM:
Tom Austin, 10780 EI Camino Real, spoke on behalf of Citizens Against Pornography,
turned in additional pages of an opinion poll with 534 more signatures of area
residents and business persons who are opposed to the opening of an adult bookstore
in Atascadero.
Joyce Zimmerman, 5225 Lomitas Road, said she was concerned about the color and
height of the new lamp poles installed around the Lake. She commented that they are
too tall and the color is not harmonious with the natural beauty of the Lake.
Ray Jansen, 6655 Country Club Drive, shared a letter to the editor of the Atascadero
News regarding recent traffic fatalities on Highway 46 East and shared his concern
about the lack of funding for highway and driver safety. He also added that the
realignment of Highway 41 is a foolish expense.
CONSENT CALENDAR:
Mayor Highland read the Consent Calendar as follows:
1. CITY COUNCIL MINUTES - November 14, 1995.
(City Clerk's Recommendation: Approve)
2. CITY TREASURER'S REPORT - September, 1995
(City Treasurer's Recommendation: Review and Accept)
3. APPROVAL OF WARRANTS FOR THE MONTH OF OCTOBER, 1995
(Staff Recommendation: Approve)
4. APPROVAL OF WARRANTS FOR THE MONTH OF NOVEMBER, 1995
(Staff Recommendation: Approve)
5. RESOLUTION NO. 111-95 - Authorizing the Atascadero Police Department to
participate in a multi -agency DUI Enforcement/Education Grant
(Staff Recommendation: Adopt)
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6. RESOLUTION NO. 113-95 - Authorizing the execution of a Memorandum of
Understanding with San Luis Obispo County for participation in the San Luis
Obispo Operational area Organization for Disaster Response
(Staff Recommendation: Adopt)
MOTION: By Councilman Luna, seconded by Councilman Johnson; motion
passed 5:0 by roll call vote.
B. PUBLIC HEARINGS:
1. TENTATIVE PARCEL MAP 95004, 8295 MARCHANT - Request to divide a
1.13 parcel into two lots of 0.50 and 0.55 net acres each for single-family
residential use (Bernard/Shoulders)
(Planning Commission Recommendation: Approve)
Steve DeCamp provided the staff report. Questions and comments followed regarding
the lot sizes and exceptions to the subdivision ordinance as approved by the Planning
Commission. Councilman Luna asserted that he was not willing to make any of the
four findings required to approve the project.
Public Comments:
Douglas Shoulders, representing the applicant, spoke in support of the application. He
remarked that the property is ideal for building and 90% of the neighbors are for it.
James Watson, adjacent property owner, stated that he supports the lot split.
---end of testimony ---
MOTION: By Councilman Carden, seconded by Councilman Johnson to
approve the tentative map.
Discussion: Councilman Luna indicated that his concern was not about being
for or against the proposed subdivision, but whether or not the City Council will
follow approved development standards. Mayor Highland remarked that he
was having difficulty with the calculations and the fact that they include the
driveway. He added that if standards seem unreasonable to the public, they
should seek action to change zoning, not make exceptions to the subdivision
ordinance.
Vote on the motion: The motion to approve the tentative parcel map passed
3:2 (Highland and Luna voting in opposition).
C. REGULAR BUSINESS:
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1. RESOLUTION NO. 114-95 - Declaring the corridor between the High School and
the Junior High School a "Drug -Free Zone"
(Parks & Recreation Commission/Staff Recommendation: Adopt)
Brady Cherry provided the staff report and recommendation. He noted that action to
adopt would require staff to come back with revisions to the City's current sign
ordinance. Council questions followed.
Mayor Highland commented that he would like to see additional signs at the High
School
Public Comments:
Joyce Zimmerman asserted that the proposed action would do very little good and
questioned why the City was not declaring the entire City drug-free.
Chuck Wilbur, Principal Junior High, pointed out that there are 3,000 students in the
corridor and explained that because of its visibility, students are greatly at -risk. He
also thanked the Police Department for increased patrol and commended the efforts of
the School Resource/D.A.R.E. officers.
Speaking in favor of the proposed resolution and urging approval were residents Judy
Hotelling, Tom Austin, Bill Zimmerman, Duane Burbach and Terry Denning.
---end of testimony ---
Andy Takata reported that City staff will request, through the courts, action to
strengthen and stiffen laws dealing with selling drugs to children. He noted that the
proposed signage will provide additional weight in the courts of law.
Councilman Johnson emphasized that he hopes the program will be effective and
commented that it will` take more than just signs to address the problem. Mayor
Highland agreed and noted that while this may be the first step, parents will need to
get involved.
MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt
Resolution No. 114-95.
Discussion on the motion: Councilman Carden commented that he, too, hopes
to see public participation and stressed that signs alone won't solve the
problem.
Vote on the motion: Motion to adopt passed 5:0 by roll call vote.
2. RESOLUTION NO. 110-95 - Amending the City's facilities, policies, procedures
and fees
(Parks & Recreation Commission recommendation: Adopt)
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Brady Cherry provided the staff report and summarized revisions to the policy. He
responded to brief questions from Council concerning the collection of a cleaning
deposit and cleaning services at the Lake Park Pavilion. Mr. Cherry reported that it
has become necessary to provide more thorough cleaning than what is covered by
deposits paid for by the users and indicated that additional cleaning is informally
contracted for on an event -by -event basis at this time. Staff speculates that contract
services will be required in the future.
Public Comments:
Rush Kolemaine, 4850 Potrero, asked if there are fees for non-resident use. Brady
Cherry explained that there are discounts for resident use of facilities under the Class
B category and added that non-residents pay an additional surcharge for program
activities.
MOTION: By Councilman Luna, Councilman Carden to adopt Resolution No.
110-95; motion passed 5: 0 by roll call vote.
3. INITIATION OF GENERAL PLAN AMENDMENTS
(Staff Recommendation: Provide staff direction)
At staff's request, this matter was continued until the next meeting.
4. IMPLEMENTATION STATUS OF AD HOC DEVELOPMENT REVIEW
COMMITTEE'S RECOMMENDATION
Steve DeCamp summarized staff's review of the recommendations of the Ad Hoc
Development Review Committee. He noted that the low-cost and no -cost
recommendations have already been implemented and explained that those
recommendations requiring allocations by the City Council have been set aside for the
time being until the City is in better financial condition. Council comments followed.
Councilman Carden commented that he would like to see staff develop a plan for the
implementation of recommendations and projections relevant to cost and timelines.
Steve DeCamp indicated that staff could bring back an analysis as part of the budget
review process and noted that it would require adjustments in the present work plan
for the department.
Councilman Johnson spoke to the issue of commercial and retail permits and
questioned whether there had been any thought given to making them easier to issue.
Steve DeCamp noted that presently there are 25-30 permits issued over the counter
each week.
Councilman Luna commented that he did not support Councilman Carden's suggestion
to develop an implementation plan because it would defeat the purpose of
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streamlining processes and result in additional expenditures. In addition, he noted
concern relative to Recommendation #1-B-2 (preliminary title reports) and asked how
the public would be notified. Steve DeCamp remarked that this recommendation has
been referred to the zoning ordinance re -write and explained that it is anticipated that
a form will be developed to cover this issue.
Councilman Bewley spoke in favor of keeping the committee active and suggested
that it continue meeting at least once a year. As a committee member, he noted that
he would be willing to continue serving on the committee.
By consensus, the City Council agreed to keep the committee active.
Discussion ensued regarding Councilman Carden's recommendation to devise a
work plan. Mayor Highland spoke in support of directing staff to come back with
recommendations for establishing priorities. Councilman Johnson agreed, adding
that it is important to set priorities and develop timelines.
By mutual consent of the Council, the matter was referred to the Ad Hoc
Committee for selecting the top three priority recommendations for
implementation. Once done, staff was directed to estimate related cost and
timelines.
5. STATUS REPORT ON THE FORMATION OF THE LINDA VISTA AVENUE
ASSESSMENT DISTRICT
(Staff Recommendation: Receive and File)
John Neil provided the staff recommendation to terminate City assistance with the
proposed formation. Questions followed regarding estimated costs.
Public Comments:
Lindsey Hampton, Alta Vista resident spoke on behalf of Lee McDaniels who is against
the district. She reported that the neighbors have pulled their financial resources and
in an effort to temporarily improve the road.
John Atherstone, Loma Vista resident, commented that he and his wife want to see
the road brought up to City standards and included in the City -maintained system. He
requested that staff be directed to go the next step and get a better estimate of the
costs so that the residents will know more precisely how it will affect them.
---end of testimony ---
Councilman Johnson recommended that staff prepare the necessary estimates so that
the residents may make an informed decision. By Council consensus, staff was
directed to go the next step and prepare a more detailed cost estimate.
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6. CENTRAL COAST REGIONAL MARKETING TEAM - Discuss City's involvement
(Staff Recommendation: Provide staff direction)
Andy Takata reported that the City had received an invitation to support and
participate in the Central Coast Regional Marketing Team. Council comments
followed.
Mayor Highland asserted that he cannot see any advantage in joining when there are
no other San Luis Obispo County cities involved. Councilman Johnson spoke in favor
pointing out that the program will focus on business retention and expansion.
Councilmembers Luna and Carden also supported participation because of potential
long-range benefits. Councilman Luna commented that he would like to know what
long-term costs may be involved. Andy Takata indicated that staff would research the
matter.
Public Comments:
Rush Kolemaine urged the Council to support the program and endeavor to acquire
the City's share of promotion. He suggested that the program be reviewed on an
annual basis.
---end of testimony ---
MOTION: By Councilman Johnson, seconded by Councilman Luna to join for
this year and analyze in one year; motion carried 5:0 by ro// ca//
vote.
7. PROPOSAL FROM CRAWFORD, MULTARI & STARR FOR PRELIMINARY
ASSESSEMENT OF REDEVELOPMENT POTENTIAL IN ATASCADERO
(Staff Recommendation: Provide staff direction)
Steve DeCamp provided the staff report and recommendation to authorize an
agreement with Crawford, Multari & Starr for the preparation of an assessment of
potential for re -development. Brief questions followed regarding costs.
Public Comments:
Rush Kolemaine spoke in favor of the recommendation and encouraged a positive
vote.
---end of testimony ---
MOTION: By Councilman Carden, seconded by Councilman Johnson to
authorize the City Manager to enter into an agreement with
Crawford, Multari & Starr for planning services; motion passed
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5.0 by roll call vote.
D. COMMITTEE REPORTS (the following represent standing committees.
Informative status reports were given, as follows):
1. San Luis Obispo Council of Governments (COG)/Regional Transit Authority -
Councilman Carden reported that, during a special meeting, COG reviewed
revisions to the State Constitution and announced that all elected officials will
soon be receiving copies of the proposed revisions. He also announced that
there will be a special meeting regarding LafCO on Saturday, January 20,
1996.
2. City/School Committee - Andy Takata reported on the meeting of December
14, 1995. He indicated that Jim McGill has met with the PTA presidents, who
have expressed that they are pleased with the progress of the Routes to
Schools program, and further input is expected from the schools to continue
future phases. He also noted that discussion ensued regarding pending sewer
assessments charges in arrears and noted that considerable strides were made.
3. Nacimiento Water Purveyors Advisory Group - Mayor Highland announced that
this group would meet on the 14' of December.
4. Economic Round Table - Councilmember Johnson reported that the Round
Table would meet the following day.
5. Ad Hoc Water Regional Management Committee - Mayor Highland reported that
the committee had met Wednesday, December 6, 1995 to compile information
relating to current water usage in the North County, twenty year estimates and
total water resources available. He noted that the information is being put
together for distribution.
6. Air Pollution Control District - Mayor Highland commented that the APCD
would meet the following day and requested input on an agenda item
relating to the revised Clean Air Plan. He noted that he was concerned that
Appendix E may, if approved, violate the City's General Plan and explained
that he was considering voting in opposition to it.
By mutual consent, Mayor Highland was directed to vote in a manner that
supports the Atascadero General Plan and go on record /n opposition to any
measure that would violate /t.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Highland reported that he had been appointed to represent the Channel
Counties Division of the League of California Cities by serving on the Housing,
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C7
Community and Economic Development Policy Committee.
Councilman Johnson extended congratulations to the Atascadero High School Football
Team for their recent C.I.F. win. Mayor Highland pointed out that there would be
special recognition of the team on the steps of the Administration Building on
Thursday, December 14th at 3:30 p.m.
2. City Attorney
Art Montandon announced that the had been appointed to serve as a member of the
City Attorney's Department of the League Committee on Insurance Coverage and Tort
Liability.
3. City Clerk
Lee Price announced that she had been appointed to represent the City Clerks
Department of the League on the Environmental Quality Policy Committee. She noted
that expenses would be paid by the City Clerks Association of California.
4. City Treasurer
Rudy Hernandez reported that he is currently in the process of putting together a
progress report on his activities and announced that he would be in his office from
10:00 a.m. until 4:00 p.m. on Thursday, December 14, 1995.
5. City Manager
Andy Takata provided an overview of the next meeting's agenda and reminded the
Council of the employee holiday luncheon to be held on December 14th
THE MEETING WAS ADJOURNED AT 9:50 P.M. THE NEXT MEETING OF THE
ATASCADERO CITY COUNCIL WILL BE TUESDAY, JANUARY 9, 1996.
MINUTES RECORDED AM PREPARED BY:
LEE PRICE- CM
CITY CLERK
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