HomeMy WebLinkAboutMinutes 070996 Approved as Submitted
Meeting Date: 8/27/96
ATASCADERO CITY COUNCIL
JULY 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 COUNCIL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
2) CONFERENCE WITH LABOR NEGOTIATIOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union; Confidential Employees
3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Police Chief
At 7:15 .m., the City Council ad/our
ued Closed Session. It was noted that Items #2
and 3 had been continued until the end of the regular session.
REGULAR SESSION:
The Mayor called the meeting to order at 7:16 p.m. Councilperson Carden 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; Roy Hanley, Deputy City
Attorney; Brady Cherry, Director of Community Services;
Brad Whitty, Finance Director; Bud McHale, Police Chief;
Dan McCauley, Fire Marshal; Gary Kaiser, Assistant
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Planner; Valerie Humphrey, Staff Assistant and John Neil,
Assistant City Engineer
COUNCIL COMMENTS:
Mayor Highland noted that the Council would move Item #B-4 up and hear it as the
first of the public hearings. He also requested motions to add Item B-5 (delinquent
solid waste charges; an item previously noticed but which did not appear on the
agenda) and C-3 (resolution supporting funding for North County Campus of Cuesta
College; an urgency item requested by Councilmember Luna).
MOTION: By Councilmember Luna, seconded by Councilmember Johnson to
add Items #13-5 and C-3; motion carried unanimously.
Millhollin Mine Update
Steve DeCamp reported that staff has completed the amended reclamation plan
and revised operational plan. He noted that CEQA (California Environmental
Quality Act) documents are 80% complete and explained that dismissal documents
have been filed with the court on a related matter of pending litigation.
Public Comments
Donald Jones, 4585 Viscano, reported that he had met with the City Manager and
City Attorney regarding some concerns he has about current planning issues and
process. He noted that after speaking to others who had attended some of the
same Planning Commission meetings he had, there is a common feeling of
displeasure about the method in which the hearings were conducted. He
encouraged others to relate to the City Council their concerns.
Bob Combs, Robles Avenue resident, shared concern regarding recent rumors
relative to the Police Chief. He mentioned that his son, Ted Combs, retired
Superintendent of Police in Glasgow, Scotland, had visited Atascadero last year
and met Bud McHale. His son had been impressed with the Chief and told his
father that Atascadero has a "good man".
Leo Korba, 10905 Santa Ana Road, provided a status report on an application he
filed with the Public Utilities Commission (PUC) for extended area service. Their
position on toll free to San Luis Obispo is tentatively not supportive because of
existing competition among long distance call providers, he explained, and added
that he will continue to monitor the progress.
PRESENTATIONS:
Recognition to Gregg Cobarr for his service on the Atascadero Community
Services Foundation Board of Directors
Mayor Highland read the inscription on a plaque recognizing Gregg Cobarr, who
was not present.
A. CONSENT CALENDAR:
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1. CITY COUNCIL MINUTES - May 28, 1996
City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - June 10, 1996 (Special Meeting)
City Clerk's recommendation: Approve)
3. CITY COUNCIL MINUTES - June 11, 1996
City Clerk's recommendation: Approve)
4. CITY COUNCIL MINUTES - June 25, 1996
(City Clerk's recommendation: Approve)
5. TENTATIVE PARCEL MAP 96001, 4055 EL CAMINO REAL - Proposed
division of a 0.55 acre parcel into three (3) lots of 10,500, 6,850 and 6,850
square feet
(Planning Commission/staff recommendation: Approve)
6. RESOLUTION NO. 34-96 - Urging the Commission on State Mandates to
approve Test Claim CSM 4500, sponsored by the City of Atascadero
(City Clerk's recommendation: Revise)
7. RESOLUTION NO. 63-96 Making findings and upholding the appeal of
Business License application (American Classics)
8. RESOLUTION NO. 58-96 - Authorizing an agreement with KIQO-Pure Gold
Oldies 104 FM and Knights of Columbus for lease of the Atascadero Lake
Pavilion basement
9. ESTABLISHING ANNUAL ASSESSMENTS FOR STREET MAINTENANCE
DISTRICTS:
(Staff recommendation: Adopt)
A. Resolution No. 47-96 - Aguila Avenue
B. Resolution No. 48-96 - Cayucos Ave.
C. Resolution No. 49-96 - Falda Ave.
D. Resolution No. 50-96 - Lobos Ave.
E. Resolution No. 51-96 - Maleza Ave.
F. Resolution No. 52-96 - Pinal Ave.
G. Resolution No. 53-96 - San Fernando Rd.
H. Resolution No. 54-96 - Sonora/Pinal Ave.
10. PLACEMENT OF ANNUAL SEWER ASSESSMENTS ON PROPERTY TAXES
FOR 1996-97 FISCAL YEAR
(Staff recommendation: Adopt)
A. Resolution No. 55-96 - Sewer Assessment Dist. #3 (Marchant Way)
B. Resolution No. 56-96 - Sewer Assessment Dist. #8 (San Gabriel Rd.)
C. Resolution No. 60-96 - Sewer Assessment Dist. #10 (Santa Rosa Rd.)
D. Resolution No. 61-96 - Sewer Assessment Dist. #9 (San Gabriel Rd.)
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E. Resolution No. 62-96 - Sewer Assessment Dist. #7 (Santa Rosa Rd.)
The Mayor read the Consent Calendar and noted that staff has request that Item
#7 be continued. Councilmember Carden explained that he would abstain from
approval of interview session minutes (Item #3) due to absence. Rush Kolemaine
requested that Items #6 and 9 be pulled for questions.
MOTION: By Councilmember Carden, seconded by Councilmember Luna
to approve Items #1,2, 4, 5 and 8; motion passed 5:0.
MOTION: By Councilmember Bewley, seconded by Councilmember
Johnson to approve Item #3; motion passed 4:0 (Councilmember Carden
abstained).
Re: Item #6. RESOLUTION NO. 34-96 - Urging the Commission on State
Mandates to approve Test Claim CSM 4500, sponsored by the City of
Atascadero
(City Clerk's recommendation: Revise)
Rush Kolemaine requested more information about this item. The City Clerk
summarized the staff reportandnoted that this resolution is back for a minor
change to better emphasize the specific sections of the Elections Code that
mandated action by the City.
Re: Item #9. ESTABLISHING ANNUAL ASSESSMENTS FOR STREET
MAINTENANCE DISTRICTS Resolutions 47-96 through 54-96
(Staff recommendation: Adopt)
Rush Kolemaine requested clarification about how these assessments were formed
and how amounts were calculated. Valerie Humphrey summarized the staff report
in response.
MOTION: By Councilmember Bewley, seconded by Councilmember Luna
to approve Items #6 and 9; motion passed 5:0 by roll call vote.
B. PUBLIC HEARINGS
4. ORDINANCE NO. 307 - Adding Section 4-2.1009 to the Atascadero
Municipal Code, prohibiting skating and skateboarding on public sidewalks
and property
(Staff recommendation: Motion to waive reading in full and introduce on
first reading by title only)
Roy Hanley, Deputy City Attorney, introduced the item and explained that the
California Vehicle Code provides the Council with the authority to adopt an
ordinance regulating skateboarding and skating. He also noted that as the City's
prosecuting attorney, he can advise the Council on the aspect of enforcement.
Chief McHale provided the staff report. Lengthy Council questions and comments
followed.
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Councilmember Luna, illustrating with an overhead transparency (see Exhibit A),
suggested that the present ordinance be revised by striking the language "privately
owned" and adding the "confiscation" clause as proposed by staff in the new
ordinance. He also recommended that "No Skateboarding" be revised to include
roller skating. The City Attorney proposed, "No Skating or Skateboarding".
Councilmember Luna emphasized that the ordinance would, with these simple
changes, be effective on any property properly posted. He proclaimed that it
would be unfair to take a city-wide action that would declare everyone who carries
a skateboard to be an outlaw.
Councilmember Johnson argued that he would like to see a "happy medium" and
spoke in support of providing a tool by which staff can use to make the present
ordinance more enforceable.
Councilmember Bewley pointed out that when he asked for a stiffer law, it was
because the old one isn't working. He emphasized that there are problems in
certain areas of town where skaters are loitering and harassing others and
explained that it is for this reason that a stronger ordinance is needed.
Councilmember Luna asserted that the present ordinance, modified as he has
recommended, would do just that.
Councilmember Carden pointed out that the act of skating is not really the issue,
but rather the destruction of private property and the intimidation or harassment of
people is what is objectionable. He noted that other cities have ordinances
prohibiting "wilding and asked the Deputy City Attorney if anything like this had
been considered. Roy Hanley explained that while the concept is effective in
dealing with gang-related issues, it may not be applicable to Atascadero's
situation.
Councilmember Johnson suggested that it might be appropriate to refer first-time
violators to Peer Court.
Mayor Highland commented that bike lanes planned for installation in the near
future on EI Camino Real and Traffic Way may help to resolve some of the
problems, but noted that meanwhile it is imperative that the City have an
ordinance that will target the "trouble-makers". He opened the hearing to public
testimony and requested that each speaker limit his/her comments to three
minutes.
Public Comments:
Speaking in support of the proposed ordinance were:
Rush Kolemaine, 4580 Potrero Road
Dwight Huffman(BIA President), 5943 Traffic Way
Laurel Wills (Wells Fargo Bank), 5955 East Mall
Ron Rudd (Adobe Plaza merchant), 8455 Carmelita
Sue Ryan (Taco Bell), 7385 El Camino Real
Dr. John Anderson, 5903 East Mail
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Speaking in opposition to the proposed ordinance were:
Julie Cardinez, 5301 Honda
Susan Macari, 4855 Sycamore
Rick Mathews, 6950 Navarette
Mike Dukum, Atajoa Road resident
Ben Hyman, Colorado Road resident
Eric Greening, 7365 Valle
Kate Curry, Cristobal Avenue resident
Chris Galloway, Valle Avenue resident
Erica Brewster, Adobe Plaza business owner
Stacey George, 9275 Santa Margarita Road
Stephanie Daily, 5185 Alamo Avenue
Lynn Goettig, 5555 Valentina
Susan Warren, (North County Connection) 3556 EI Camino Real
Gayle McGee, Serra Road resident
Paul Hyman, Colorado Road resident
Fred Frank, 3615 Ardilla
Leo Korba, 10905 Santa Ana Road
Jason Crawford, 50 Telegraph Road
Andy Lanes, 4640 Yerba
Cassy Nicks, Yerba Avenue resident
April Alley, Atascadero teen
Cole Mathews, 6855 Navarette
Lisa Hamon, Atascadero teen
Diane Grayton, Sycamore Road resident
Kevin Summers, Atascadero teen
Tim Caldwell, Atascadero High School student
John Macari, 4855 Sycamore Road
---end of public testimony---
The Mayor called a break at 9:40 p.m. At 9:50 p.m. the meeting reconvened.
The Police Chief responded to Council questions regarding how police officers deal
with complaints about skateboarders. Chief McHale reported that most officers
give at least one verbal warning before issuing a citation. Depending upon the
circumstances, he added, the officer may also seize the skateboard.
Councilmember Bewley argued in support of eliminating the chronic abusers and
stressed that he would like staff to work within the guidelines already established
by improving the enforcement process. Councilmember Luna agreed and asked
the Police Chief how the department tracks repeat violators. Chief McHale
indicated that the department keeps hand-written notes and added that if charged
with keeping a more sophisticated record of those warned, cited, etc., it can be
done.
Councilmember Carden asserted that he cannot support the proposed ordinance,
but indicated that he was in favor of adopting the minor modifications to the
existing ordinance as proposed by Councilmember Luna. Councilmember Johnson
remarked that he could support the revisions as proposed, but added that he fears
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that the issue will come back at a future date because it may not address the
whole problem. Councilmember Bewley commented that he will support
Councilmember Luna's modifications, but pleaded with the Police Department to
strengthen enforcement.
Councilmember Luna commended the Police Department for implementing bicycle
patrol and suggested that officers continue to get out in the community.
Mayor Highland suggested that staff be directed to go back to make the changes
as proposed and bring back the revised ordinance at thenextmeeting. He
asserted that one warning should be enough. There was mutual consent to direct
staff to draft, in the form of a new ordinance, revisions (as proposed by
Councilman Luna) to the existing "skateboard"ordinance and bring back the
matter back for consideration at the next Council meeting.
1. TENTATIVE PARCEL MAP 95001, 11750 SAN MARCOS RD. - Appeal of
Planning Commission inaction (3:3 vote) on proposed division of two lots of
7.50 acres and 10.42 acres into three (3) parcels of 5.96, 5.96 and 5.60
acres (Lindsay/Wilson Surveys)
(Staff recommendation: Approve per City Council action of 5/14/96)
Steve DeCamp provided the staff report and summarized the events to-date on this
issue. Fire Marshal Dan McGauley responded to Council questions regarding the
weed abatement and fuel management plans required as part of the Conditions of
Approval.
Councilmember Luna asserted that he does not support the findings for approval.
He pointed out that the Council as a whole has not seen the fuel management plan
and, using an overhead transparency (see Exhibit B) to demonstrate requirements
for high fire severity zones as identified by State law (the "Bates bill"), commented
that he could not support Fire Department Condition #2. The Fire Marshal
indicated that he would not be opposed to amending the condition, but
emphasized that the Fire Department does not generally support the building of
homes in areas that preclude fire defense.
Mayor Highland commented that he, too, cannot support Fire Department
Condition #2.
Public Comments:
Robert M. "Grigger" Jones, representing the applicant, spoke in favor of approval
and commented his client would accept all Conditions of Approval, although they
have objections to Fire Department Condition #2.
Joy Greenburg, 11655 Cenegal Road, read a prepared statement in opposition to
the subdivision (see Exhibit Q.
Ken Wilson, land surveyor representing the applicant, addressed the concerns
regarding drainage and erosion brought up by the previous speaker.
Councilmember Luna asked how many trees are to be removed, Mr. Wilson
responded that there were 20 and pointed out that with the possible exception of
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one additional tree, no further trees would be removed for the building sites.
Councilmember Luna requested that staff clarify the City's tree replacement policy.
Steve DeCamp said the project was a good candidate for the tree fund but noted
that staff relies on the expertise of an arborist.
---end of public testimony---
Councilmember Luna proclaimed that he has no intention of supporting the
subdivision. He does, however, agree with the road abandonment and remarked
that it can be done without granting the subdivision. He reiterated disapproval for
Fire Department Condition #2 and urged its deletion.
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to find the negative declaration adequate under the provisions of the
California Environmental Quality Act; motion passed 4:1 (Luna).
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to approve Tentative Tract Map 95001 as modified by the
elimination of Fire Department Condition #2; motion carried 3.2
(Councilmember Luna and Mayor Highland opposed).
2. ZONE CHANGE 96002, TENTATIVE TRACT MAP 96001 AND
CONDITIONAL USE PERMIT 96004, 4700 TRAFFIC WAY - Appeal of
Planning Commission inaction on proposed 19-lot planned residential
development
(Staff recommendation: Uphold appeal and approve project with conditions
of approval revised during Planning Commission hearing)
Gary Kaiser provided the staff report and summarized the four actions required for
approval of the project. He emphasized that staff's recommendations for approval
are contingent upon modification of Conditions 29(a) and 29 (b).
John Neil responded to questions regarding off-site drainage improvements and
pointed out that the acquisition of a storm drain within the existing right-of-way
would resolve a major, unfunded capital drainage improvement.
By motion duly made, seconded and approved, the City Council extended the
meeting beyond the hour of 11:00 p.m.
John Neil summarized the Master Storm Drainage Plan for the project and outlined
costs. The Finance Director reported on cash balances in various drainage impact
fee funds. The City Manager clarified that these fees are collected for
infrastructure improvements and must be used for that purpose or returned to the
applicant.
Public Comments:
John Faulkenstein, Canon Associates and representing the applicant, spoke in
support of the application. He argued that the density as zoned would be higher
than what is being proposed and noted two significant benefits to the City: (1)
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off-site drainage improvements and (2) the creation of new, affordable housing.
He responded to brief questions by members of the Council.
John Goers, 5200 Dolores, voiced opposition to the project because of the density
level, increased noise, parking, the safety of children, impact to schools and the
removal of four native trees. He asserted that the project should not be approved
simply to fix a drainage situation.
Chris Temple, 6115 Buena Avenue, asked if the drainage situation will be
addressed in a timely manner and if consideration will be given to drainage on his
street.
Steve Pascal, property owner at 4905 Traffic Way, expressed appreciation for the
attempt being made to address the drainage situation. He reported that his
industrially-zoned property floods regularly.
Paul Ricketts, 4475 Sycamore, voiced apprehension because construction will be
disruptive to the neighborhood.
Gary Graten, 4465 Sycamore, requested clarification about the design and
capacity of the Master Storm Drain. John Neil responded and reported that the
drainage improvements must be made before the map records.
Kris Hazard, 10060 Atascadero Avenue, spoke in favor of the project and urged
approval.
Rush Kolemaine, 4580 Potrero Road, commented that he would have liked
additional information earlier in the process about the scope of the project,
including cost, and what the impact will be city-wide. He stated that he hopes
that the City does not end up with an unexpected expense as a result of the
project.
Donald Jones, 4585 Viscano, asked for clarification about drainage easements.
John Neil reported that if the applicant is not successful in acquiring the necessary
easement from the railroad, there is an alternate route proposed. Mr. Jones
expressed opposition to the project and argued that the merits of the project
should be considered without allowing the drainage solution to be the incentive for
approval. In addition, he expressed concern that prevailing wages will not be paid
by the applicant.
---end of public testimony---
Council discussion followed. Councilmember Carden spoke in favor of approval
because it offers important benefits. He pointed out that the project is one unit
less than what is allowable by present zoning.
Councilmember Luna asked staff to clarify the number of trees to be removed.
Gary Kaiser reported that there are native trees on the sight, but noted that
mitigation measures more than cover the removal of one or two.
John Neil pointed out that itis not possible to separate the two issues (subdivision
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approval and drainage solution) as proposed by Mr. Jones. The applicant will
incur costs of constructing the network and although they will not link together
right away, it will be a benefit to the City, he said. In addition, he reported that
there are other drainage improvement projects that will be proposed in the new
budget that will be paid for out of drainage impact fees. Andy Takata clarified that
all the money is unreserved, however, and explained that no specific projects have
yet been approved.
Councilmember Luna commented that he would prefer not to "piece-meal" the
drainagesolutionand suggested that if there are adequate funds for that purpose
in reserve, they should be spent to fix the whole situation at one time.
Councilmember Luna asked the City Attorney to speak to the issue of prevailing
wages. Art Montandon reported that it is the developer who takes the risk and
noted that the City will enter into an agreement with the developer before the
improvements are constructed.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson that Findings be made that the project would not have a significant
adverse effect on the environment and that the Negative,Declaration
prepared for the project is adequate under the requirements of CEQA;
motion carried 5:0 by roll call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to waive reading in full of Ordinance No. 306 and introduce on first
reading.
Discussion: Councilmember Carden indicated that he desired to address the
issue of building footprint size (Condition #41) and inquired if this was the
appropriate time to do so. Steve DeCamp indicated that the proper time to
address those issues would be when action is take on the Tentative Tract
Map.
(Note: The issue was not addressed at that time, despite
Councilmember Carden's intention to do so. At the meeting of
7/23/96, Condition #41 was modified, by motion, to allow for an
average building footprint size of 35%).
Vote on the motion to introduce ordinance: Motion passed 5:0 by rot/ call
vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Conditional Use Permit #96004; motion passed 5:0 by
roll call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Tentative Tract Map 96001 based on the Findings for
Approval and the Conditions of Approval; motion passed 5:0 by roll call
vote.
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Councilmember Bewley remarked that he would like to see exactly how much the
whole drainage solution would cost and agreed that it would be more desirable to
accomplish it all at once, rather than to "piece-meal" it. By consensus, staff was
directed to bring back calculations as part of the 96-97 budget process.
3. RESOLUTION NO. 57-96 - Authorizing placement of sewer service fees on
property tax rolls
(Staff recommendation: Adopt)
Valerie Humphrey summarized the staff report and recommended adoption.
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to adopt Resolution No. 57-96, motion carried 5:0 by roll call vote.
(For Item #B-4, see page 5).
5. RESOLUTION NO. 67-96 - Placing delinquent solid waste charges on the
1996-97 property tax rolls
(Staff Recommendation: Adopt)
Brad Whitty provided the staff report. He indicated that because of an oversight
by staff, this matter had not been properly noticed on the agenda. Atascadero
Waste Alternatives, Inc. had sent out notices to those with delinquent charges, he
said, and noted that their representative Michele Velasco was present for
questions. There were no questions or comments from Council or the public.
Mayor Highland recommended that this matter be continued until the next meeting
to ensure proper noticing. By mutual agreement, Council so ordered the matter re-
calendared for 7/23/96.
C. REGULAR BUSINESS:
1. RECONSIDERATION OF RESOLUTION NO. 21-96 - Authorizing the
retirement and transfer of ownership of police canine Rommel (addressed
3/26/96)
(Staff recommendation: Adopt)
Chief McHale provided the staff report and summarized options the Council may
wish to consider. He estimated that Rommel could serve an additional two to
three years of duty following re-training and estimated the cost at about $2,000.
In response to Council inquiry, the Chief noted that the department currently has
no funding for the purchase of another canine. He added that there have been
some preliminary offers of donations.
Public Comments:
Dr. DePaolo, 7129 San Gregorio Road, expressed a willingness to donate the
funds necessary for re-training Rommel
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Eric Parkinson, legal counsel for former police officer William Tilley, argued that
the dog should be retired and sold to the handler for one dollar. He noted that this
was customary practice and indicated that the price proposed by the Police Chief
has nothing to do with the value of the dog. He added that have been no opinions
solicited by a qualified individual and contended that the police chief has a conflict
of interest with respect to the dog, because it was donated by a friend.
---end of public testimony---
Councilmember Luna commented that he believed re-training is appropriate and
does, therefore, support Alternative #2.
MOTION: By Councilmember Carden to approve Alternative #2 and
accept the offer of Dr. DePaleo to pay the costs of re-training.
Discussion: Art Montandon advised that Officer Tilley has a signed contract
to purchase the dog for $1,000 and indicated that the Council cannot
rescind the contract without the consent of Officer Tilley. Eric Parkinson
noted that Mr. Tilley wants to keep the dog and will honor the contract, but
would like the price to be reduced.
Motion withdrawn - Councilmember Carden withdrew his motion.
MOTION: By Councilmember Bewley, seconded by Councilmember Luna
that the contract shall stand; motion passed 5:0 by roll call vote.
2. NOVEMBER 5, 1996 MUNICIPAL ELECTION
A. RESOLUTION NO. 64-96 - Calling and giving notice of the holding of
a General Municipal Election on Tuesday, November 5, 1996 for the election
of certain officers as required by the provisions of the laws of the State of
California relating to General Law cities and for the submission to the voters
a question relating to the ratification of the City of Atascadero's Transient
Occupancy Tax
(Staff recommendation: Adopt)
B. RESOLUTION NO. 65-96 - Requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election with
the General Statewide Election on Tuesday, November 5, 1996 and to
render specified election services to conduct said election
(Staff recommendation: Adopt)
The City Clerk provided the staff report and requested direction regarding a
proposed ballot measure. There was consensus to approve Option A, calling for a
question to appear on the ballot asking voters to ratify and approve the Transient
Occupancy Tax (TOT) approved by ordinance on October 13, 1992.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 64-96; motion carried 5:0 by roll call vote.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
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to adopt Resolution No. 65-96; motion carried 5:0 by roll call vote.
3. RESOLUTION NO. 68-96 - Urging the governor to support funding in the
State budget for a satellite campus for Cuesta College in northern San Luis
Obispo County
(Councilmember Luna's Recommendation: Adopt immediately)
Councilmember Luna indicated that he had requested that this matter be placed on
the agenda so that Council action to support state funding for a satellite campus
of Cuesta College in the North County could be sent to the Governor immediately.
He urged adoption and commented that support for the funding is important no
matter where in the North County the campus is located.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 68-96; motion passed 5:0.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports were given, as follows.):
1. Nacimiento Water Purveyors Advisory Group- The Mayor reported that the
committee had met the previous week.
2. North County Council - The Mayor reported on the executive committee
meeting of June 27" and noted that there was agreement to make
executive committee meetings quarterly.
3. Integrated Waste Management Authority - Councilmember Luna reported on
the last meeting and explained that the IWMA had purchased a tire shredder
to be placed at Chicago Grade Landfill. Andy Takata reported that the City
has met its 50% reduction in trash stream mandate.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Luna requested that staff bring to Council all legislative bills
pertaining to fire protection and fuel management.
2. City Clerk
Lee Price reported that the City had received a check from the State in excess of
$4,000 representing reimbursement for mandated absentee ballot costs associated
with the Special Election of 1994 and noted that the funds were deposited into the
General Fund.
The meeting was adjourned at 12:40 a.m. The City Council reconvened Closed
Session for purposes of continued discussion regarding Items #2 and 3. The Closed
Session was adjourned at 1:00 a.m. There were no announcements.
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MINUTES RECORDED AND PREPARED BY:
LEE PRICE, C.M.0
CITY CLERK
Attachments: Exhibit A - Luna
Exhibit B - Luna
Exhibit C - Greenburg
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EXHIBIT A
Sec. 4-2.1008. Skateboards (roller skating) prohibited
where posted.
(a) It is unlawful for any person on a skateboard or
similar device (e.g. roller skates) to go on anyprivately
own sidewalk, parking lot or pedestrian walkway that is
generally held open for public use to serve a facility which
serves the public, including, but not limited to, shopping
centers, professional offices, malls, movie theaters,
restaurants, hotels, motels, retail stores, bowling alleys and
other business establishments, if properly posted as set
forth in subsection (b) of this section.
(b) To be properly posted, as required by subsection
(a) of this section, the property must have signs,
conspicuously posted and clearly visible in areas where
skateboarding is prohibited in order to provide reasonable
notice, which read as follows:
SKATEBOARD RIDING
PROHIBITED
A.M.C. SECTION 4-2. 1008
(Ord. 276 § 1, 1994)
Sec. 4-2. 1012 Seizure of evidence.
Any device used in violation of any provision of this
chapter may be seized by the enforcing officers as evidence
to be removed, stored, forfeited, destroyed or reclaimed in
accordance with the law.
m
CC 7Q9 96
EXHI I B
AB337 UNIFORM WEED FUELL IA&N
(BATES) FIRE ABA33LI%M T A. Nr
GC51175-51189 CODE ORDINANCE ERROCRA-M l
IN VERY HIGH FIRE SEVERITY j YES YES YES YES f
ZONES ('
IN THE ENTIRE CITY NO YES YES YES
DEFENSIBLE SPACE YES YES YES YES
DISTANCES 0-30 FEET
DEFENSIBLE SPACE MAYBE MAYBE YES YES I
DISTANCES 30-100 FEET REQUIRED REQUIRED
DEFENSIBLE SPACE NO NO UNDEFINED YES
DISTANCES 100-400 FEET FIRE
CHIEF'S
DISCRETION
MAINTAIN ENTIRE PROPERTY NO NO UNDEFINED UNCLEAR
FIRE SAFE FIRE POSSIBLY
CHIEF'S
DISCRETION
APPLIES TO TREES YES YES NO YES,
APPLIES TO SHRUBS YES YES YES YES
APPLIES TO WEEDS YES YES YES YES
TREE PRUNING YES YES N/A YES;
ADJACENT TO OR OVER-
RANGING STRUCTURES
TREE PRUNING NO NO N/A YES
POSSIBLY 0-400 FEET OR
ENTIRE PROPERTY
APPLIES EQUALLY TO NEW YES YES YES NO
AND EXISTING CONSTRUC-
TION �-
APPLIES TO NEW CONSTRUC- NO NO NO YES
TION ONLY
DEFENSIBLE SPACE OF NEW N/A INA N/A YES
CONSTRUCTION MUST BE
MAINTAINED BY FUTURE ,
OWNERS
SPECIAL TRACKING RE-
QUIRED
EXEMPTION FOR YES YES NIA. I UNCLEAR. f
SINGLE SPECIMENS OF TREES
EXEMPTION FOR YES YES UNDEFINED UNCLEAR
ORNAMENTAL SHRUBS FIRE
CHEF S !
DISCRETTION- j
EXEMPTION FOR YES NO NO: NO
STRUCTURES WITH NON-
FLAMMABLE EXTERIORS
EXEMPTIONS FOR YES NO NO NO I
SCENIC & HABITAT LANDS
CC 7/9/96
EXHIBIT C
JOY GREENBERG
11655 Cenegal Rd.
Atascadero, CA 93422
July 9, 1996
ATASCADERO CITY COUNCIL
6500 Palma Ave.
Atascadero, CA 93422
Dear City Council Members,
Two months ago I addressed the city council regarding my concerns about the
subdivision of the Lindsay property and my support for the Planning Commission's
denial of this subdivision. These concerns are based largely upon the potential for
runoff and landslides due to the amount of grading and vegetation removal involved in
this project. Having been apprised of the staff report from the Fire Department
regarding suggestions for brush clearance, I am further alarmed that adherence to
these suggestions by Ms. Lindsay could exacerbate even more the already tenuous
situation regarding erosion on this mountain side?''As I said before, I live downslope from
the proposed subdivision, and I fear that the amount of grading and clearing performed
as part of this project could be disastrous in terms of future mudslides.
I sincerely question the wisdom of allowing the Fire Department to make such excessive
recommendations regarding brush clearance. Four hundred foot clearances may be
ideal in situations where there is less or no potential for runoff, but the expertise of the
Fire Department is in fire control, not erosion control. I believe that a better plan can
and should be proposed, and would like to go on record as holding the city of
Atascadero accountable and liable for any damages that result from erosion of this
mountainside if this subdivision is approved as is.
Sincerely,
.a&lv
)oyTreenberga
'r lese rag