HomeMy WebLinkAboutMinutes 010996 Approved as Submitted
Meeting Date: 01/23196
ATASCADERO CITY COUNCIL
JANUARY 9, 1996
MINUTES
CLOSED SESSION:
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 (3): APN 028-361-005; APN 028-201-005; APN 028-341-
008
Negotiating parties: City of Atascadero/Atascadero Mutual Water Co.
Under negotiation: Terms
3. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organization: Management
Closed Session was adjourned at 7.02 p.m. The City Attorney announced that the
Council had discussed the matter of potential litigation and gave direction to the
property negotiator. The item regarding labor negotiations was postponed until after
the regular meeting adjourns (see page 9).
REGULAR SESSION:
The Mayor called the meeting to order at 7:06 p.m. Councilperson Bewley 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; Lt. Bill
Watton, Police Department and John Neil, Assistant City
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Engineer
COUNCIL COMMENTS:
Steve Devencenzi, San Luis Obispo Council of Governments (SLOCOG), announced
that there would be two open forum public hearings regarding the Cuesta Grade
Improvement Project on January 17th in San Luis Obispo and on January 20th in
Atascadero. CalTrans will be on hand with displays and public testimony will be
taken, he noted.
---end of testimony---
Deputy City Attorney: Status report on the adult book store (verbal)
Andy Takata provided the status report on behalf of the Deputy City Attorney. He
reported that the permanent ordinance regulating adult businesses is scheduled to go
before the Planning Commission for public hearing on February 6th and will be brought
before the Council for first reading on February 27,1996. The interim ordinance will,
he added, be brought back for extension at the Council meeting of January 23`d. Mr.
Takata noted that staff plans to have the permanent ordinance in place by April 11,
1996.
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - November 28, 1995
(City Clerk's recommendation: Approve)
2. NORTH COUNTY COUNCIL MINUTES - November 30, 1995
(City Clerk's recommendation: Approve)
3. CITY TREASURER'S REPORT - October, 1995
(City Treasurer's recommendation: Review & accept)
4. CITY TREASURER'S REPORT - November, 1995
(City Treasurer's recommendation: Review & accept)
5. RESOLUTION NO. 03-96 - Awarding the annual street striping
contract to Pounds Construction
(Staff recommendation: Adopt)
6. ACCEPTANCE OF THE AMAPOA/TECORIDA INTERIM
IMPROVEMENTS
(Staff recommendation: Accept as complete)
Councilmember Bewley noted that he would abstain from the vote to
approve Minutes of November 28, 1995 and 30, 1995 due to absence.
28ah or Highland mentioned a minor correction to the Minutes of November
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MOTION: By Councilmember Johnson, seconded by
Councilmember Luna to approve the Consent Calendar,
Items #A-1 through 6; motion passed unanimously.
B. PUBLIC HEARINGS:
1. APPEAL OF PLANNING COMMISSION APPROVAL OF C.U.P. 95-008,
PROPERTY NEAR INTERSECTION OF TRAFFIC WAY & OLMEDA
(Staff/Planning Commission recommendation: Uphold appeal)
Mayor Highland reported that the applicant had requested a continuance but because
the hearing had been noticed, the matter would be opened before continued until
January 23'. Steve DeCamp provided a brief report. Councilmember Luna requested
that staff bring back information regarding how far along staff is with plans for Traffic
Way bikeway improvements and how it will affect this application.
Public Comments:
Applicant, Tom Mora, verbalized his request for continuance.
---end of testimony---
Mayor Highland mentioned that the public hearing would not be closed and testimony
would be received at the next meeting. By consensus, the matter was continued until
January 23, 1996.
2. CONSIDERATION OF ZONE CHANGE AND VARIANCE APPLICATIONS
TO ESTABLISH A RECREATION VEHICLE PARK ON MARCHANT
AVE., BETWEEN TECORIDA AND ALCANTARA AVENUES
A. Ordinance No. 296 - Amending Planned Development Overlay
Zone No. 10 with respect to the master plan of development
and allowable uses affecting certain real property located at
5000, 5020, 5040 and 5060 Marchant Avenue (ZC #95012:
Gearhart)
(Planning Commission recommendation: Deny)
(Staff recommendation: Introduce Ordinance No. 296 on first
reading by title only)
B. Variance #95002
(Planning Commission recommendation: Take no action)
(Staff recommendation: Approve)
Steve DeCamp provided the staff report and recommendation to approve. He
commented that there does presently exist standards relative to RV park development
standards that are unworkable and will need to be addressed as part of the Zoning
Ordinance update. He responded to Council questions regarding park design and
recreational vehicle size.
Councilmember Luna shared concerns about added traffic at the Highway 101/41
interchange and noise.
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Councilmember Carden asked if the City would collect any occupancy tax as a result
of this project. The City Attorney indicated that it would, at 9%.
Public Comments:
John Faulkenstein, Cannon Associates, spoke in support of the project. He stated
that the project was consistent with what is currently allowed and proposed that the
park would bring visitors to the community. He explained that an attempt has been
made to address the potential of long-term stay and indicated that the park owners
want to provided for an attractive business. Responding to inquiry from
Councilmember Luna, Mr. Faulkenstein reported that the density had been arrived at
after the applicant had spent considerable time in consultation with staff.
Public Comments:
Eric Greening, 7365 Valle, voiced concern about traffic impacts and pedestrian safety.
He mentioned that if freeway interchange improvements are made, he hopes there will
safe site distance for vehicles making left turns out of the park.
Dan Davis, 6755 Alcantara, spoke in opposition to the project sharing his concern for
long-term and detrimental affects, especially if the park changes ownership.
Lorraine Russell, neighboring property owner, spoke in opposition to the proposed
project emphasizing the question of who will regulate and enforce park rules. She
added that, if the project is approved, strict rules for operations must be applied. In
closing, Mrs. Russell urged the Council to re-zone the property back to multi-family
residential zoning.
Gary Thompson, 10979 Atascadero Avenue, was also opposed to approval of the
project because it encroaches upon residential development. He requested that the
property be zoned for residential development.
Kurt Russell, Carmelita Avenue resident, spoke in opposition and stated that he doubts
the business will be a success.
---end of testimony---
Councilmember Johnson asked staff how long-term storage and/or residency will be
prevented. Steve DeCamp clarified that the project it is a RV park and not a mobile
home park. He noted that if Council desires it can impose time limits in the master
development plan.
Responding to additional questions from Councilmember Luna, Steve DeCamp
explained that the proposed project is an allowable use already and clarified that a
hotel or motel could equal or exceed the density proposed in this application.
Councilmember Luna inquired whether or not the Council could attach a conditions
requiring the installation of a traffic light. Steve DeCamp reported that the intersection
already warrants a traffic light, with or without this project.
Councilmember Carden commented that, as a former owner of an RV, he felt that
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most use would be during off-peak hours.
MOTION: By Councilmember Carden, seconded by Councilmember Johnson
to waive the reading in full and introduce Ordinance No. 296.
Discussion on the motion: Councilmember Luna remarked that he would vote
in opposition because of the impacts and suggested that the matter be referred
back to the Planning Commission.
Vote on the Motion: Motion passed 4:1 (Councilmember Luna voting in
opposition).
MOTION: By Councilmember Carden, seconded by Councilmember Bewley
to approve the variance; motion passed 4:1 (Councilmember Luna
voting in opposition).
C. REGULAR BUSINESS:
1. RESOLUTION NO. 04-96 - Supporting participation in the Regional
Network Consortium
(Staff recommendation: Adopt, or take no action)
Steve Devencenzi, SLOCOG, summarized the efforts of the Regional Network
Consortium and described the difference between this consortium and the Consortium
for Community Media. He emphasized that the two are parallel efforts coordinated in
a cooperative fashion and explained that although it's possible that the two may
eventually merge, it is not anticipated that this will happen anytime soon because of
the different areas of focus. Responding to inquiry from Councilmember Luna, Mr.
Devencenzi reported that there is no budget and work is presently being done by
various staff members of the agencies involved. At some point, he added, there may
be some commitment by agencies of funds for a particular project and any potential
project funding requests would come back for formal approval.
Ellen Sturtz, County Franchise Administrator, provided a status report on Consortium
for Community Media. Council discussion followed:
Councilmember Carden stated that he has a problem with the concept of two
government agencies moving toward the same end and remarked that if eventually
the two consortiums will merge why not merge up front and avoid additional
bureaucracy. Steve Devencenzi explained that the Consortium for Community Media
is funded through cable franchise fees and already has a full plate. Ellen Sturtz stated
that in the future the two groups will merge, but clarified that at this point to do it all
would be too difficult because cable is a political issue. The Consortium is short-term,
she added, and it is her hope that it will be handed off to someone else to implement
the plan that is developed.
There were no questions from public.
Councilmember Luna asked who would represent the City if participation is approved.
Andy Takata recommended that because staff is best acquainted with the City's
resources, either Brad Whitty or himself would be most qualified to serve.
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MOTION: By Councilmember Luna, seconded by Councilmember Bewley to
adopt Resolution No. 04-96.
Discussion on the motion: Councilmember Carden reiterated his concern that
what starts as a noble cause soon grows into something multi-faceted and
bureaucratic. Councilmember Luna suggested that the City's delegate be sent
with instructions to minimize bureaucracy, streamline processes and maximize
efficiency.
Vote on the motion: Motion passed 4:1 (Carden opposed).
2. RESOLUTION NO. 01-96 - Authorizing allocation of funds for the
purchase of Stadium Park
(Staff recommendation: Adopt)
Brad Whitty provided an overview of the staff report and stated that although the City
does not have the funds in the General Fund to purchase the property, the City is
legally obligated to purchase it. His recommendation was to adopt Resolution No. 01-
96 authorizing a loan from the Wastewater Treatment Fund to acquire the property.
Rudy Hernandez, City Treasurer, commented that while Stadium Park is an excellent
project, the City cannot afford it. He advised that in the event the General Fund has
to pay the funds back, it will require drastic action and recommended that the City
Council defer the matter until after the Citizens Task Force for Economic Recovery has
completed its study.
Brad Whitty clarified that if the City does not move forward with the acquisition by
February 23, 1996, it will lose Transportation Enhancement Act (TEA) grant funding.
Councilmember Luna asked the City Treasurer if he had taken this fact into account.
Mr. Hernandez indicated that he had but still feels that there is considerable risk.
Councilmember Carden emphasized that the Council should avoid locking the City into
something that may create financial hardships. Councilmember Johnson and Mayor
Highland agreed that the Council should look very hard at new projects before
encumbering future Councils.
Public Comments:
Speaking in support of the acquisition and urging approval were citizens Ray Jansen,
Lon Allan, Marj Mackey, Geraldine Brasher, Eric Greening, Rick Mathews, and Don
Hanauer.
---end of testimony---
MOTION: By Councilmember Luna, seconded by Councilmember Carden to
adopt Resolution No. 01-96; motion passed 5:0 by roll call vote.
3. PROPOSAL FROM THE ATASCADERO HISTORICAL SOCIETY TO
NAME THE CITY ADMINISTRATION BUILDING IN HONOR OF E.G.
LEWIS
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(Staff recommendation: Provide staff direction)
Brady Cherry provided the staff report and requested direction. Council discussion
followed.
Councilmember Luna remarked that he did not support re-naming the building, "E.G.
Lewis City Administration Building" because it may create some confusion about what
the City's name is. He commented that he prefers Option #3 ("City Hall at the E.G.
Lewis Building) outlined in the staff report.
Mayor Highland proposed a two line name: "Atascadero City Hall" (first line), "E.G.
Lewis Building" (second line).
Councilmember Johnson mentioned that he feels it is important to identify the building
as a City facility.
Andy Takata noted that the City Attorney had suggested that the Council consider
naming the area including the administration building, Sunken Gardens and the youth
center the "E.G. Lewis Civic Center". Each facility would be associated with the
"civic center" by being called, for example: "Sunken Gardens at the E.G. Lewis Civic
Center".
Public Comments:
Jerry Clay, 7285 Sycamore Road, urged the Council not to eliminate the use of
"Veterans' Memorial Building". He suggested that a statue be constructed and placed
in the Sunken Gardens to memorialize E.G. Lewis and to, further, name the gardens
the "E.G. Lewis Sunken Gardens".
Marj Mackey, 5504 Tunitas, commented that she sees no reason to eliminate the
name "Veterans' Memorial Building". She added that she likes the idea of the "E.G.
Lewis Civic Center" but mentioned that she does not favor naming the administration
building "City Hall".
---end of testimony---
Council discussion ensued. Councilmember Carden spoke in favor of retaining the
present names for the administration building. He argued that to make a change now
would not be unified and any new name should be one people can rally behind.
MOTION: By Councilmember Carden to maintain the status quo. Motion
failed for lack of second.
MOTION: By Councilmember Carden, seconded by Councilmember Bewley
to call [the administration building] "City Hall"; motion failed 1:4
(Councilmembers Bewley, Johnson, Luna and Mayor Highand
opposed).
Councilmember Johnson suggested that the matter be continued for one month so
that other suggestions, like the "civic center" option can be explored.
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MOTION: By Councilmember Johnson, seconded by Councilmember Luna to
re-study the naming of the complex and look at the "civic center"
concept; motion carried unanimously.
4. REQUEST FROM ATASCADERO HIGH SCHOOL TO CLOSE EL
CAMINO REAL ON 11/2/96 FOR PARADE & BAND REVIEW
(Staff recommendation: Provide staff direction)
Brady Cherry provided the staff report and requested direction. Mayor Highland
pointed out that the scheduled date is exactly two weeks after the Colony Days
Parade. Councilmember Johnson asked if there had been any exploration on sharing
costs. Brady Cherry replied that the School is willing to work with the City if the
costs can be reduced.
Public Comments:
Jeremy Nelson, Assistant Band Director at Atascadero High School, spoke in favor of
the request and indicated that the date selected is tentative. He noted that the School
is competing for the event and emphasized that it is anticipated that it would increase
revenue not only for the Band, but for the City as well. Mr. Nelson reported that the
estimated cost is too prohibitive but noted that the School would be willing to
negotiate if the City is able to waive or absorb some of the costs. Responding to
Council inquiry, Mr. Nelson reported that 20-25 bands are expected with an average
of 100 members each. He explained that the School District is participating by
hosting the field show competition. School District staff at the High School and
Junior High will be provided, he added. Mayor Highland asked Mr. Nelson if the Band
had approached any service clubs for financial assistance. Mr. Nelson indicated that
the Band had not and clarified that he is seeking the City's approval before finalizing
the event.
---end of testimony---
Brady Cherry reported that CalTrans requires a $600 permit and a million dollars worth
of liability insurance. He explained that staff believes it can get the City costs down
to $1,000 and suggested that the Chamber of Commerce be approached for
assistance.
By consensus, the Council agreed to support the event if staff can negotiate costs.
The Band was encouraged to seek financial assistance from service groups and
Chamber of Commerce.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports were given, as follows.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority -
Councilmember Carden reported that SLOCOG would be meeting the
following day.
2. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group -
Mayor Highland reported that both committees would be meeting the
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following day.
3. Ad Hoc Regional Water Management Committee - Mayor Highland reported
on the meeting of January 3, 1996 to establish priorities. The next meeting
will be the first week in February.
4. Integrated Waste Management Authority - Councilmember Luna reported
that the IWMA would meet on January 17, 1996.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Bewley requested that staff make a greater attempt to provide
better quality copies of exhibits.
Councilmember Carden reported that the Atascadero Community Services Foundation
is attempting to bring a wine festival to Atascadero. It is tentatively proposed for
June of 1996, he added.
Councilmember Luna requested a status report on the Millhollin Mine and pointed out
that Council previously gave instructions to staff to bring back regular reports. Art
Montandon provided the status report on the legal matter and mentioned that the
Millhollins have not yet filed an application for development or a draft development
agreement. The City Manager also reported that staff has been attempting to
schedule a meeting with the State. Mayor Highland commented that, he too, is
attempting to establish a meeting date with Dr. Parrish from the State in Sacramento.
2. City Manager
Andy Takata announced that the San Luis Obispo Council of Governments is holding a
meeting regarding LafCO on February 3, 1996. He also reported that Planning
Commissioner Jim Edwards is no longer able to serve on the Economic Round Table
and noted that the City Council would be requested to make a new appointment at
the next meeting.
At 9.35 p.m., Open Session was adjourned.
CLOSED SESSION, CONTINUED:
The City Council met in Closed Session to take up Item #3, as deferred. At 9:45
p.m., the City Council adjourned Closed Session. The City Attorney announced that
the Council had given further direction to the negotiator.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JANUARY 23, 1996 AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
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LEE PRICE, t;.M'
CITY CLERK
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