HomeMy WebLinkAboutMinutes 012396 Approved as Submitted
Meeting Date: 02/13/96
ATASCADERO CITY COUNCIL
JANUARY 23, 1996
MINUTES
CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. for purposes of discussions
pertaining to:
1. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service .Organization.;
Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians
Organization.; Service Employees Intl. Union
2. PUBLIC EMPLOYMENT
Title: Police Officer
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of case: Greene, May, Price, Rounds, Smith, Sturtridge, Tray,
Wilson, Dougherty & Gutmann v. City of Atascadero
Closed Session was adjourned at 7.00 p.m. The City Attorney reported that the
Council had given instruction to the City's negotiator relative to Item #1 and made no
appointment regarding Item #2. Item #3 was continued until after adjournment of the
regular session due to time constraints.
REGULAR SESSION:
The Mayor called the meeting to order at 7:03 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
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Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Roy Hanley, Deputy City
Attorney; Brady Cherry, Director of Community Services;
Brad Whitty, Finance Director; Lt. John Barlow, Police
Department; John Neil, Assistant City Engineer and Kelly
Heffernon, Administrative Analyst
COMMUNITY FORUM:
Eric Greening, 7365 Valle, announced that it is a good time to keep tabs on
what's going on in the City of San Luis Obispo as it relates to the Salinas Dam
Expansion project.
Robert Johnson, Planning Commission representative on the Citizens' Economic
Recovery Task Force, read the following recommendation to the City Council:
"Due to the severe financial condition of the City, the Economic Recovery Task
Force felt it necessary to make a recommendation to the City Council. The Task
Force voted on January 22, 1996 that no new capital expenditures would be
funded from the General Fund, be authorized by the City Council until the final
report of the Economic Recovery Task Force is presented to you. The only
exception to this recommendation is for emergency situations. It is the goal of the
Task Force to complete their recommendation within two months".
Deputy City Attorney: Status report on the adult book store (verbal)
Roy Hanley provided a status report on proposed regulation regarding adult
businesses and referred to Item #B-2 (see page ).
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - December 12, 1995
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - January 9, 1996
(City Clerk's recommendation: Approve)
3. CITY TREASURER'S REPORT - December, 1995
(City Treasurer's recommendation: Review & accept)
4. APPROVAL OF WARRANTS FOR THE MONTH OF DECEMBER, 1995
(Staff recommendation: Approve)
Mayor Highland pulled Item #2 at the request of the City Clerk. The Minutes of
January 9, 1996 were continued until the next regular meeting.
MOTION: By Councilmember Luna, seconded by Councilmember Carden
to approve the Consent Calendar; motion passed 5:0 by roll call vote.
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B. PUBLIC HEARINGS:
1. APPEAL OF PLANNING COMMISSION APPROVAL OF C.U.P. 95-008,
PROPERTY NEAR INTERSECTION OF TRAFFIC WAY & OLMEDA (Cont'd
from 1/9/96)
(Recommendations: Planning Commission - Deny appeal; Staff - Uphold
appeal)
Steve DeCamp provided the staff report. Councilmember Carden shared concern
that the appeal had not been filed with the City Clerk and that the appeal letter
was unsigned when itwasreceived. Steve DeCamp confirmed that the appeal
was filed in a timely manner in the office of Community Development, where the
staff report is prepared. He also reported that the letter had been dictated to staff
but unsigned for approximately three weeks due to the extended illness of
appellant, Robert Johnson (Planning Commission Chairman). Councilmember
Carden also pointed out that the subdivision ordinance calls for a hearing within
thirty days and inquired whether or not the Mayor should have called an
emergency meeting in December since the second meeting of the month had been
canceled due to the holidays. Art Montandon advised that the ordinance is
directory, not mandatory law, and explained that staff is instructed to make their
best effort to ensure that the appeal is heard within that time frame. He pointed
out that the applicant had requested a continuance on January 9" and added that
it was unlikely that a Court would find that the applicant was detrimentally
affected by the delay. He advised the City Council to proceed with the hearing.
Public Comments:
Robert Johnson, appellant, confirmed that he had been ill for three weeks and was
unable to appear to sign the appeal letter in a timely manner. He spoke in support
of his appeal emphasizing that, as a proponent for "Safe Routes to School", he is
in favor of requiring that businesses install necessary public improvements.
John Belsher, attorney representing the applicant, summarized concerns about
technical requirements relating to the appeal process and spoke to the merits of
the application. He argued that the number of children at the day care center does
not warrant the imposition of curb, gutter and sidewalks. Mr. Belsher noted that
the applicant is not making any improvements to the structure and pointed out
that there are no other sidewalks in the neighbor.
Mayor Highland commented that the owner has operated the business for
considerable time without a permit. Mr. Belsher reported that the business was
operating without a business license prior to requesting an increase in the number
of children and is now applying for a Conditional Use Permit. He added that the
applicant is trying to comply and is fully licensed with the State of California.
Judy Mora, applicant and owner of Kids Corner, requested that the City Council to
waive the condition of curb, gutter and sidewalks primarily because she cannot
afford to construct the improvements. She reported that she is only asking to
increase the number of children and has adequate parking. In addition, Mrs. Mora
clarified that she is not proposing any changes to the structure and mentioned the
building is an original Colony home.
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Requesting that the City Council deny the appeal were Planning Commissioners
Jim Edwards and Sid Bowen, the Director of Little Lambs Pre-School and residents
Jill Terry, Barbara Waheed, Marj Mackey, Robert Bronte, Jana Needham, Rick
Holiday, Rush Kolemaine, David Graham, Tom Mora, Kathy Smith and Valeri
Guerro.
Robert Johnson, speaking for a second time, commented that while the day care
center is a valuable business, the Council should give thought to the direction of
growth in the City. He remarked that the City cannot afford to construct the
needed infrastructure and debated the cost projected by the applicant to construct
the improvements.
Regina Foster, Paso Robles resident, commented that sidewalks are not necessary.
Rick Holiday spoke once more and encouraged the Council not to place this
burden on a small business.
---end of testimony---
Staff responded to questions regarding bike lane improvements scheduled for
Traffic Way and clarified conditions of approval. Lengthy Council discussion
followed.
MOTION: By Councilmember Luna, seconded by_Councilmember Carden
to deny the appeal; motion passed 5.0 by roil ca# vote.
2. ORDINANCE NO. 297 - Urgency ordinance extending the interim ordinance
prohibiting adult businesses in certain places, pending consideration of a
permanent ordinance for same
(Staff recommendation: Adopt - Requires 4/5 vote)
Roy Hanley, Deputy City Attorney provided the staff report and recommendation
to approve. He reported that the draft permanent ordinance will be available for
public review the following week and explained that the Planning Commission
would hear the matter at their meeting of February 6t''. Council questions followed
regarding amortization of adult businesses.
Public Comments:
Tom Austin, 10780 EI Camino Real and representing Citizens Against
Pornography, commented that he supports the extension of the urgency ordinance
and, further, that he is looking forward to a permanent ordinance that has some
teeth in it and will address the secondary affects of such businesses.
Dan McPherson, 12500 EI Camino Real, praised the work of the Deputy City
Attorney and urged adoption.
Regina Foster of Paso Robles asserted that a recently opened pawn shop near
property currently proposed for an adult bookstore on EI Camino Real is an
undesirable business and wondered if there was any significance to the fact that it
went in so close to the proposed bookstore. Mayor Highland pointed out that the
issue at hand is that of adult businesses and not pawn shops.
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M'Lee Zalvidar, Tecorida Avenue resident, spoke in support of extending the
urgency ordinance and cautioned that the owner of the proposed adult business
downtown should be watched closely to ensure that he is following all
requirements for developing the site.
---end of testimony---
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to waive the reading in full and adopt Urgency Ordinance No. 297; motion
carried unanimously.
3. SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT PLAN
A. Resolution No. 02-96 - Approving the Notice of Determination &
Negative Declaration for the Siting Element and Summary Plan, as
prepared by the San Luis Obispo County Integrated Waste
Management Authority
(Staff recommendation: Adopt)
B. Resolution No. 05-96 - Approving the Siting Element & Summary
Plan, as prepared by the San Luis Obispo County Integrated Waste
Management Authority
(Staff recommendation: Adopt)
Kelly Heffernon provided the staff report and recommendation to adopt Resolution
Nos. 02-96 and 05-96. Also present was Bill Worrell of the Integrated Waste
Management Authority to respond to any questions.
There were no questions from Council and no public testimony.
MOTION: By Councilmember Luna, seconded by Councilmember Carden
to adopt Resolution No. 02-96; motion carried 5.0 by roll call vote.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to adopt Resolution No. 05-96; motion carried 5.0 by roll call vote.
4. 1993 STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT,
FINAL GRANTEE PERFORMANCE REPORT
(Staff recommendation: Accept comments/questions from interested
parties)
Steve DeCamp introduced Don Dana, Peoples' Self Help Housing, who provided
the status report on the North County Womens' Shelter project. Mr. Dana gave
special recognition to Henry Engen, Eileen Allan, Pat Wickstrom and contractor,
John Edens.
Public Comments:
Eileen Allan, Executive Director of the North County Womens Shelter, expressed
appreciation to the Council, staff and many citizens who participated in the
success of the project.
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---end of testimony---
The City Council received the report.
C. REGULAR BUSINESS:
With mutual consent, Mayor Highland moved up Item #C-2. (For Item #C-1, seepage
8).
2. PROPOSED POLICY FOR ARTS IN PUBLIC PLACES FOR THE CITY OF
ATASCADERO
(Parks & Recreation Commission/Staff recommendation: Approve Alt. C &
provide staff direction)
Richard DeLong of the San Luis Obispo County Arts Council presented a slide
show illustrating Arts in Public Places programs and spoke in support of adopting
an "arts in public places" policy.
Councilmember Luna asked the speaker how the City can avoid controversial art.
Mr. DeLong noted that a public hearing at some point is vital and explained that it
is incumbent upon the City to establish a streamlined local review process.
Resident Susan Beatie, also of the County Arts Council, described County
guidelines recently established.
Brady.Cherry provided background and the staff report. He explained that an ad
hoc arts committee formed to make a recommendations relative to an arts in
public places policy was not able to reach consensus on a single draft policy. He
summarized three draft policies submitted and included in the staff report and
noted that the staff's recommendation was Draft Policy "C". He requested
direction from the Council and outlined key points for consideration: (1) whether
or not the arts policy should cover public and private property, (2) will there be
provisions to allow for public input, (3) shall a process for screening and reviewing
be included, and (4) does the Council wish to create some type of an arts
commission.
Council discussion followed. Mayor Highland commented that a policy for arts in
public places should deal only with publicly-owned property and asserted that
property privately owned should be handled separately. He indicated that he was
not in favor of appointing another committee or commission because it takes too
much staff time and the City cannot afford it. The Mayor remarked that he would
support an advisory ad hoc committee to advise the Parks & Recreation
Commission on an as-needed basis as set forth in Draft Policy "C" and stated that
any such committee should include members of the arts community and public at-
large. He added that he does not feel it is appropriate for this type of committee
to be chaired by a member of the Parks & Recreation Commission as is suggested.
Councilmember Luna spoke in favor of adopting one policy for public and private
property because it will ensure the same rules for everyone. He indicated support
for Draft Policy "C" and suggested that a project, once it has been reviewed by an
ad hoc committee of those knowledgeable in the arts, be set for a public hearing
before the Parks & Recreation Commission. The matter, he suggested, could then
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come to the City Council for final approval on Consent Calendar.
Councilmember Carden mentioned that although he supports Draft Policy "C", he
does have a problem with government getting involved with art on private
property.
Councilmember Johnson shared concern about how the concept of public art
murals will be handled and expressed a desire to review what other cities are
doing to address this issue. Councilmember Luna suggested that the City follow
similar procedures that the County is already using and spoke in support of
adopting standards that will ensure that murals are produced with proper materials
to avoid deterioration over time.
Public Comments:
Doug Lewis, Tunitas Avenue resident, asked how the seven 80-year old statues in
Sunken Gardens will be treated in the arts in public places policy and wondered if
there was some significant public art in the works.
Baxter Boyington, ad hoc arts committee member, spoke in support of Draft Policy
"B
Susan Beatie spoke in support of Draft Policy "C" and encouraged a policy for
both public and private art.
George Beatie, President of the Parks & Recreation Commission, verbalized support
for Draft Policy "C" and clarified that the proposed non-voting member of the
Parks & Recreation Commission serving as the chair of an ad hoc arts committee
was for administrative purposes. He argued that community input can be afforded
without having to establish another legislative body.
Barbie Butz, Parks & Recreation Commissioner, also spoke in favor of Draft Policy
"C" as written.
Joe Ramirez, ad hoc arts committee member and member of the North County
Mural Society, noted that he supports a successful mural program and is currently
involved with a project proposed for the Wilkins Printery building. He argued that
Draft Policy "C" ignores the input of the ad hoc arts committee and urged the City
Council to adopt Draft Policy "B".
Robert Lilley, ad hoc arts committee member, also spoke in support of Draft B and
emphasized the necessity of establishing an arts advisory council. In addition, Mr.
Lilley advocated an exemption to the sign ordinance for public view art.
Rush Kolemaine, 4850 Potrero Road, stated support for Draft Policy "B" and the
creation of an arts commission appointed by the City Council.
Lee Swam, 9065 Lakeview Drive, recommended that before any additional art is
installed, the City must take care of the ones it already has. He urged the repair
of the statues in and around the City Administration Building and challenged the
North County Mural Society to the task of preserving murals at the Youth Center.
He emphasized the need to develop a plan for addressing vandalism and the on-
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going maintenance of public art.
---end of testimony---
Lengthy Council discussion ensued. There was mutual consent to: 1) Direct staff
to bring back a revised Draft Policy "B" for public art on private property to include
a provision for public hearing before the City Council, 2) Tentatively approve Draft
"C"for public art on public property (prior review of project to be conducted by an
ad hoc arts sub-committee selected by the Parks & Recreation Commission), and
3) Direct staff to revise the sign ordinance by establishing an exemption for art
murals. It was noted that all three matters would be brought back for final
approval.
On a related topic, Brady Cherry asked the City Council for clarification about
action taken on August 8, 1995 relative to proposed public art at the Lake Park
Pavilion (Linda Wargo, Atascadero State Hospital). Mayor Highland stated that the
Council had conceptually approved the project proposed for art in the public area
of the Pavilion. In addition, he said that the Council had approved Phase I of the
project which includes tile work to go across the sidewalk. The development of
an arts in public places policy was referred to the Parks & Recreation Commission,
he added.
Councilmember Luna commented that he understood that the policy was to be put
together first. Councilmember Johnson remembered that the proponents of the
project were anxious to get conceptual approval before the onset of the school
year and explained that he had not approved anything beyond Phase I.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to go beyond 11 :00 p.m.; motion carried unanimously.
Councilmember Johnson noted that the item had been a presentation, not a
business item, and questioned whether or not the Council could have legally acted
upon the matter. Art Montandon explained that because of the way the item was
noticed, the Council had authority to act, but suggested that the Council clarify by
motion the intent.
Councilmember Johnson asserted that the item was brought to the City Council in
an unacceptable format and without adequate staff input.
Discussion ensued. Councilmember Carden indicated that he was not convinced
that third-grade art was appropriate for the Pavilion and suggested that staff re-
negotiate with Linda Wargo an alternative site for placement of the tile. By mutual
consent, staff was directed to re-negotiate with Linda Wargo regarding the
proposed project.
1. INITIATION OF CITY COUNCIL-GENERATED GENERAL PLAN AMENDMENTS
(Oral)
(Staff recommendation: Provide staff direction)
Steve DeCamp provided an oral report regarding proposed City Council initiated
General Plan amendments and estimated costs. Staff recommendations were as
follows: 1) Initiate a General Plan Amendment to include within the Urban
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Services Line two commercially-zoned parcels on the west side of 101 at Del Rio
Road (one parcel owned by the City of Atascadero and one parcel commonly
known as the Hemingway property), 2) Initiate a General Plan Amendment to
modify the zoning on the north east side of Traffic Way at Ferrocarrill Road (also
known as the "Rose Lip Quarry) from residential to industrial and 3) Take no action
to initiate a General Plan Amendment for the "Davis Family Ranch land". He
explained that although staff believes the property would be appropriate for
industrial use, the owners do not wish it to be rezoned.
Councilmember Luna emphasized that he was not in favor of devoting any staff
time to these proposed amendments, especially in light of the Citizens' Task Force
for Economic Recovery request to put a moratorium on additional expenditures
until they have completed their study.
MOTION: By Councilmember Carden seconded by Councilmember
Johnson to include the two lots [on west side of 101 at Del Rio Road]
within the Urban Services Line as a General Plan Amendment; motion
carried 4:1 (Luna).
MOTION: By Councilmember Johnson, seconded by Councilmember
Bewley to direct staff to initiate the General Plan Amendment rezoning the
Rose Lip Quarry area; motion carried 4:1 (Luna).
Public Comments:
David Zingg, Ferrocarrill Road property owner, asserted that 'industrial zoning
would negatively impact his property value.
Rush Kolemaine spoke in support of the Council action.
3. REVIEW STREET LIGHTS IN THE DOWNTOWN AREA AND DISCUSS
POTENTIAL POLICY DEVELOPMENT
(Staff recommendation: Provide staff direction)
Councilmember Carden stepped down due to a potential conflict of interest. Brady
Cherry provided the staff report and summarized three types of luminaries which
can be installed by PG&E without cost to the City. He noted that Option #2
(Colonial Type Pole) would be easiest to standardize and mentioned that whichever
type is chosen, they will be changed over as they need replacement by PG&E.
The City Council mutually agreed to direct staff to proceed with Option #2
(Colonial Type Pole).
4. APPOINTMENT OF PLANNING COMMISSIONER TO ECONOMIC ROUND
TABLE (Verbal)
(Staff recommendation: Appoint one member from Planning Commission)
Councilmember Carden returned to the dias. Steve DeCamp reported that
Commissioner Jim Edwards has found it necessary to resign from the Economic
Round Table and indicated that Commissioners Jennifer Hageman and William
Zimmerman were both interested in serving.
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MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to appoint Commissioner Jennifer Hageman to the Economic Round
Table; motion carried 5.0 by roll ca/I vote.
5. 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 Ave. (ZC #95012: Gearhart)
(Staff recommendation: Adopt Ord. No. 296 on second reading by title
only)
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to adopt Ordinance No. 296 on second reading; motion carried 4:1
(Luna).
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments (COG)/S.L.O. Regional Transit Authority
(SLORTA) Councilmember Carden reported COG and SLORTA staff are
negotiating new salary and benefit packages, an item relating to
telemarketing item was voted down by COG and that he had been elected
Vice President of COG.
2. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group -
The Mayor reported that the Nacimiento Water-Group meets February 7,
1996.
3. Economic Round Table - Councilmember Johnson reported that the County
Economic Vitality Corporation is providing data and assistance with locating
new businesses. He mentioned that the corporation's Acting Director has
been attending the Round Table meetings and has indicated a willingness to
be of additional help.
4. Pollution Control District - Mayor Highland reported that the next meeting
would be Wednesday, January 24' at 9:00 a.m.
5. North County Council - Mayor Highland reported that the executive
committee meets again on February 15th
6. Ad Hoc Regional Water Management Committee - Mayor Highland
announced that the next meeting is February 1st.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Highland reported that the Mayors Group met on January 18th to discuss
LafCO and are developing a position paper for purposes of drafting a resolution to
the Board of Supervisors. He also mentioned that the next Joint Cities Meeting
will be April 11, 1996 in San Luis Obispo and that he will appear on KVEC Radio
on February 7th. The Mayor also asked that agenda materials for continued items
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be saved to reduce reproduction costs.
2. City Manager
Andy Takata announced that COG was sponsoring a workshop on LafCO issues on
Saturday, February 3`d. It was determined that Mayor Highland, Councilmember
Carden and the City Manager would attend. The City Manager reminded the
Council that a City Volunteer Recognition Evening was planned for Thursday,
January 25th at the Lake Park Pavilion. He also reported that the Council would
hold a special meeting on February 21" for purposes of conducting a workshop
relating to the Millhollin Mine. He added that representatives from the State Board
of Mining and Geology would be present.
Regular session adjourned at 11:47 p.m.
CLOSED SESSION:
The City Council added, by unanimous vote to add an item of potential litigation
which arose after the posting of the agenda to the Closed Session
The City Council met in Closed Session for purposes of discussing the item added
and Item #3 held over. Closed Session adjourned at 11:58 p.m. The City
Attorney announced that Council gave him direction regarding items of existing
and potential litigation.
THE NEXT MEETING- OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
FEBRUARY 13, 1996 AT 7:00 P.M.
MINUTES RECO ED ND PREPARED BY:
LEE MfCE, CNIC
CITY CLERK
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