HomeMy WebLinkAboutMinutes 092496 Approved as Submitted
Meeting Date: 10/22/96
ATASCADERO CITY COUNCIL
SEPTEMBER 24, 1996
MINUTES
6:30 P.M. - CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. for purposes of discussions
pertaining to:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
1. Name of Case: Thompson, etc., et al v. City of Atascadero
2. Name of Case: Atascadero, et al v. Merrill Lynch
CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: City Manager
Employee Organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police
Officers Assoc.; Atascadgro Public Safety Technicians Orgn.; Service Employees
Intl. Union; Confidential Employees; City Attorney
Closed Session was adjourned at 6:55 p.m. Direction was given on Item #1; Item #2
was continued to the end of Regular Session.
7:00 P.M. REGULAR SESSION:
The Mayor called the meeting to order at 7:00 p.m. Councilperson Johnson led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Roy Hanley, Deputy City
Attorney; Steve DeCamp, City Planner/Acting Community
Development Director; Doug Davidson, Senior Planner; Lt.
Bill Watton, Acting Police Chief; John Neil, Assistant City
Engineer and Peter Rodgers from the San Luis Obispo
Council of Governments
COUNCIL COMMENTS:
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Councilmember Johnson requested that the rules of public participation be followed
and discouraged personal attacks. Councilmember Carden concurred.
COMMUNITY FORUM:
Rush Kolemaine, 4850 Potrero Road, asserted that proper notice was not given to
business owners along El Camino Real and Traffic Way about the recent City
sponsored workshop regarding the proposed bikelane projects.
Leo Korba, 10905 Santa Ana Road, announced that the Former Grand Jurors
Association will meet on October 26`h regarding the site for the North County
Campus of Cuesta College.
Darlene Clark, 4620 Viscano Avenue, shared concerns regarding the condition of
her street.
Eric Greening, 7365 Valle, urged participation at meetings of the Salinas Dam
Mitigation Committee and announced that they would meet next on the 28" of
October.
Bob Nimmo, 7375 Bella Vista, expressed confidence in the Council and the City
Manager. He voiced disappointment with those who have rushed to pass judgment
regarding the issues surrounding the suspension of the Police Chief.
Doug Lewis, Tunitas Avenue resident, desires all public information be made
available in Room 103 of City Hall (information Office) and explained that he
would like that office permanently staffed.
Mary Walsh, 9603 Santa Lucia, asked for clarification about issues involving the
Carlton Hotel. The Deputy City Attorney responded to some of her concerns.
Mike Inns of Atascadero voiced frustration about the public not knowing all the
details surrounding the Police Chief's suspension.
Terrill Graham, 6206 Conejo Road, voiced concern about the amount of money the
City pays the Chamber of Commerce annually, suggested that it was inappropriate
for the Chamber Manager to lobby business owners about proposed bikelanes and
remarked that he thinks two city attorneys are one too many.
Micki Ready, Executive Manager of the Chamber of Commerce, summarized the
Chamber's mission. She explained that the business community is very much
aware of the proposed bikelane projects and argued that she does not "lobby" her
membership, but clarified her responsibilities. She also noted that the City
Manager has an open door policy and that she was able to address concerns that
some of the members of the Chamber had about the Carlton Hotel. She suggested
that others who have similar questions simply go to see him.
Kirk Pierson, 5405 Olmeda Avenue, said he was glad to have business
representation on the Chamber and encouraged the City Council to get lots of
input on the proposed bikelanes.
Mary Walsh, speaking once more, asked more questions about the Carlton Hotel
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and suggested that the City cut back to the basics of police, fire and streets. Ms.
Walsh requested that City staff provide her with copies of any formal notice
regarding the bikelane projects.
Rush Kolemaine reiterated earlier comments.
Maria Whitten, 8969 San Gabriel Road, encouraged the Council to reinstate the
Police Chief.
---end of public testimony---
A. CONSENT CALENDAR:
1. ACCEPTANCE OF FINAL TRACT MAP 96001, 4700 TRAFFIC WAY -
Consideration of map and accompanying Reimbursement Agreement for the
subdivision of the site into nineteen (19) residential lots ranging in size from
4,183 to 10,694 sq. ft. (Gearhart/Cannon Associates)
(Staff recommendation: Accept map/Approve Reimbursement Agreement)
Councilmember Luna pulled this matter to comment that he believes the map is
inconsistent with the Housing Element of the GeneralPlanand that the map
presented is not what was reviewed. He added that he is opposed to the
reimbursement agreement and disapproves of the City's participation.
Public Comments:
Joan O'Keefe, 9985 Old Morro Road East, remarked that the public did not receive
adequate time to review the reimbursement agreement and asked the Council to
continue the matter for another week.
Ray Jansen, 6655 Country Club Drive, stated that if there has been a change from
what was previously reviewed, it would be wise to give the matter additional
consideration.
---end of public testimony---
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to adopt Resolution No. 89-96; motion passed 3.2 Luna and
Highland opposed).
2. APPROVAL OF APPLICATION FOR CARD PARLOR PER CITY CODE 3-5.403
(Staff recommendation: Approve)
Councilmember Bewley stepped down due to a potential conflict of interest.
Councilmember Luna voiced opposition to this business license because the card
parlor is proposed for a family-oriented entertainment center. He asked the Police
Chief if alcohol would be served. Lt. Watton, Acting Police Chief, indicated that
alcohol would not be served, but pointed out that the bowling alley and pool room
have liquor licenses. Councilmember Johnson asked how often the Police
Department receives calls for service in the center. Lt. Watton indicated that the
department is not significantly impacted.
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Public Comments:
Terrill Graham pointed out that cards have been played in Atascadero for years
without any problems.
Michael Schreiber, applicant, spoke in support and responded to questions from
the Council. He noted that gambling does occur and emphasized that the game is
considered one of skill by the State of California. He explained that his business
must be licensed by the State and assured the Council that he will comply with all
State regulations.
Wayne Estelle, 5305 Cascabel Avenue, commented that he has no objection to
card playing or gambling.
---end of public testimony---
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve the business license application; motion passed 3:1
(Luna opposed).
B. PUBLIC HEARINGS:
1. APPEAL OF PLANNING COMMISSION CONDITIONS FOR TENTATIVE
TRACT MAP 96009 & ZONE CHANGE 96009, 10780 EL CAMINO REAL -
Subject application is to subdivide a 3.61 acre parcel into 24 lots for single-
family residential development using a planned development overlay
(Planning Commission/Staff recommendation: Deny appeal)
A. ORDINANCE NO. 312 - Amending Map 23 of the official zoning maps,
rezoning certain real property at 10780 El Camino Real from RMF/16
to RMF/16 (PD7) (ZC 96009: Shannon/Shores/Sholders)
(Staff recommendation: Waive reading in full and introduce on first
reading by title only)
Councilmember Bewley stepped down due a potential conflict of interest. Doug
Davidson provided the staff report and recommended that the City Council deny
the appeal.
Public Comments:
Richard Shannon, co-applicant/appellant, presented building footprint calculations
(see Exhibit A) and spoke to the benefits of the project. He summarized his appeal
of Conditions #17, 29, 30 and 31, as outlined in his formal letter of appeal. In
addition, Mr. Shannon explained that he would also like to see Condition #32
waived. The Deputy City Attorney advised that Mr. Shannon's appeal of
Condition #32 is not mentioned in his letter of appeal and cannot, therefore, be
addressed by the Council at this hearing.
Leo Korba suggested that the City Council follow the staff and the Planning
Commission recommendation to deny.
Joan O'Keefe asserted that the Council had broken the law a few weeks ago when
it had approved the project at 4700 Traffic Way (Gearhart) and argued that this
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appeal clearly benefits the developers. She explained that she very much opposes
building footprints smaller than 35%, as is required by the municipal code, and
urged denial.
Sid Bowen, 5550 Cascabel and member of the Planning Commission, objected to
taking exception to building standards and argued that if the City cannot adhere to
them, they should be changed. He shared concern for the safety of children who
will not have adequate open spaces to play in and spoke in favor of a lower
density than what is proposed.
Donald Jones, 4580 Viscano, shared similar concerns as those previously spoken
and urged the Council to deny the appeal.
Eric Greening also agreed with previous speakers and recommended that anytime
the City investigates a site, that it be traveled to on foot. He commented that it is
inappropriate for the applicant to bargain with the City and urged denial of the
appeal.
Ray Jansen spoke in support of the staff recommendation to deny and remarked
that he would have liked to see some type of community center in the developer.
---end of public testimony---
Council comments followed. Mayor Highland commented-in support of
maintaining the 35% maximum coverage and noted that only 12 of the 23 homes
are above that percentage.He also spoke in favor of retaining the adopted street
width standards and common space requirement.
Councilmember Johnson commented that he has trouble with the requirements for
open space and homeowners association, but added that he could accept a forty
foot road width.
MOTION: By Councilmember Luna, seconded by Mayor Highland to deny
the appeal of all four conditions; motion failed 1:3 (Luna in favor; Carden,
Johnson and Highland opposed).
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to grant the appeal of Condition #17; motion tied 2:2 (Johnson and
Carden in favor; Luna and Highland opposed). Appeal of condition denied
due to no action.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to grant the appeal of Condition #31; motion passed 3:1 (Luna
opposed).
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to grant the appeal of Condition #30; motion tied 2:2 (Johnson and
Carden in favor; Luna and Highland opposed). Appeal of condition denied
due to no action.
MOTION: By Councilmember Carden, seconded by Mayor Highland to
grant the appeal of Condition #29; motion failed 1:3 (Carden in favor;
Johnson, Luna and Highland opposed). Appeal of condition denied.
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MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to waive the reading in full and introduce Ordinance No. 312 by title
only; motion passed 3.1 (Luna opposed).
The Mayor called a recess at 9:08 p.m. At 9:23 p.m., the meeting resumed.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Tentative Tract Map 96009 based on the Conditions of
Approval, as amended; motion passed 3.1 (Luna opposed).
Councilmember Bewley returned the dias.
2. CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS) PROGRAM - Public
hearing in accordance with AB3229 and consider establishment of a
Supplemental Law Enforcement Services Fund account with the Police
Services Budget
(Staff recommendation: Approve establishment of SLESF account)
Lt. Watton, Acting Police Chief, provided the staff report and recommendation to
approve. He responded to questions from the Council and emphasized that the
$60,000 grant could be used for equipment, but not for personnel. He explained
that he would bring back to Council for review recommendations for specific
purchases following the adoption of the fiscal year's budget.
MOTION: By Councilmember Johnson, seconded by Councilmember
Johnson to establish a supplemental law enforcement services fund in the
police services budget; motion passed 5:0.
3. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005, 2600 EL
CAMINO REAL - Consideration of concurrent amendments to the City's
General Plan and Zoning Ordinance maps to change the land use designation
of the site from "Industrial Park" to "Commercial Park" and the zoning
district from "Industrial Park (IP)" to "Commercial Park (CPK)"
(Johns/Churchill)
A. Resolution No. 78-96 - Amending the Industrial Park land use
description and the land use map designation from Industrial Park to
Commercial Park at 2600 El Camino Real
(Planning Commission recommendation: Adopt)
B. Ordinance No. 313 - Amending the Zoning Ordinance Text by the
addition of a (CPK) zoning district and amending Map 11 of the
official zoning maps by rezoning certain real property located at 2600
EI Camino Real from (IP) Industrial Park to (CPK) Commercial Park (ZC
96005; Johns/Churchill)
(Planning Commission recommendation: Motion to waive reading in
full and introduce on first reading, by title only)
Councilmember Bewley stepped down due to a potential conflict of interest. Steve
DeCamp provided the staff report noting that there is no specific project at this
time. He explained that this item affords the Council an opportunity to determine
what it wants to see at this location in the future. Questions and comments from
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the Council followed.
Councilmember Johnson voiced a concern that the language in the development
standards does not reflect the kind of flexibility he would like to see.
Public Comments:
Richard Shannon, marketing agent, provided land use zoning history and
suggested that when the City initiates a zone change it should notify the property
owners.
Allan Yarborough, Atascadero Ford, reported that he is the potential buyer for the
subject project and objects to proposed development standards that require a
landscaped berm and freeway screening.
Micki Ready, Chamber of Commerce, commented that the condition referred to by
Mr. Yarborough would create a deterrent to business. She suggested that the
language be dropped, or changed, to allow greater flexibility for certain businesses
that rely on freeway visibility.
Steve DeCamp clarified that if there is an allowable use with no development
standards (like that of vehicle storage), it would require no further review and
suggested that the Council may want more control over what is visible from the
freeway. He also emphasized that "parking" areas are not "display" area and
suggested that the development standard language be modified through the
conditional use permit process. Councilmember Johnson suggested that the intent
of the development standard be more clearly worded. Steve DeCamp
recommended that if the Council desires to modify the language that it be
remanded back to staff. Roy Hanley noted that he had some specific suggestions
for changes that will solve all the concerns. Councilmember Luna commented that
he would prefer to see language modified by conditional use permit, however,
Councilmember Carden argued that the City Council already reviews numerous
appeals and would support revise the ordinance at this rather than have it
circumvented later.
Steve DeCamp proposed that development standards be added to only the list of
allowable uses and recommended that development standards for conditionally
allowed uses could be applied during the development review process.
Councilmember Luna suggested that staff, the applicant, potential buyer and
Chamber representative meet with the Deputy City Attorney and bring proposed
revisions to the ordinance language back in two weeks. By mutual agreement, the
matter was continued and staff was given direction, as recommended.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 84-96 - Expressing support for the formation of a service
authority for freeway emergencies (SAFE)
(S.L.0. Council of Governments (COG) recommendation: Adopt)
Peter Rodgers, San Luis Obispo Council of Governments, provided a summary of
the Call Box Program and summarized the key benefits. He explained that in order
to proceed, a majority of the cities in the county must approve the formation of a
call box authority. In addition, the County Board of Supervisors will be asked to
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approve the program.
Council questions followed regarding fees, staffing, the call box authority and how
the money will be used. Mr. Rodgers explained that the program will be fully
audited and that there will be no new employees, committees and/or meetings.
He reported that the fees collected will be used for capital and on-going
expenditures and explained that no sunset date is being proposed. Atascadero will
have input on the location of the call boxes via the City's representative on the
COG, he concluded.
Mayor Highland pointed out that this is the second dollar increase in the past two
years and voiced disapproval. He asserted that the COG is the fastest growing
bureaucracy in the county.
Public Comments:
Ray Jansen proclaimed that the State should have already made available to the
public call boxes and verbally protestes the State's confiscation of certain taxes
intended for driver education programs.
Dwight Goggins, local California Highway Patrol Commander, spoke in support of
the program because it saves patrol costs, emergency response times and often
lives.
Reggie Chambers, county resident, also supports the call box program and
encouraged approval.
---end of public testimony---
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to adopt Resolution No. 84-96; motion failed 2:3 (Luna and Johnson in
favor; Carden, Bewley and Highland opposed)•
2. ORDINANCE NO. 309 - Amending the official city zoning map by rezoning
certain real property at 2005-2375 El Camino Real/5505 Del Rio from QN
(Commercial Neighborhood) and RS (Residential Suburban) to CPK
(Commercial Park) and RMF-10 (PD7) Low Density Multiple Family
Residential, Planned Development Overlay No. 7 (Zone Change 95013;
Investec)
(Staff recommendation: Waive reading in full and adopt on second reading
by title only)
Councilmember Bewley stepped down due to a potential conflict of interest. Steve
DeCamp provided the brief staff report and recommendation to adopt.
Public Comments:
Donald Jones contended that the City Council has taken action to approve false
documents. He argued that staff has changed the plans, ignored architectural
input and misrepresented the project.
---end of public testimony---
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MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve and adopt Ordinance No. 309 on second reading by
title only; motion passed 3.1 (Luna opposed).
Councilmember Bewley rejoined the council.
3. ORDINANCE NO. 314 - Amending Chap. 3 of Title 4 of the Atascadero
Municipal Code as it relates to the Traffic Committee
(Staff recommendation: Waive reading in full and adopt on second reading
by title only)
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to adopt Ordinance No. 314 on second reading by title only; motion
passed unanimously by roll call vote.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports were be given, as follows.):
1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group -
Mayor Highland reported that the committees will meet on October 2, 1996.
2. Economic Round Table - Councilmember Johnson reported that the County
Economic Vitality Commission has a new, full-time permanent director.
3. Finance Committee Councilmember Luna reported that the committee has
- been meeting daily for the past week regarding the 1996/97 budget and
plans to have the document before the Council on the 8th of October.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Carden requested a status report on the Safe Routes to School
program. Steve DeCamp reported that the Traffic Committee will be meeting with
local PTSAs now that school is back in session. He added that Council did
authorize some funds expended for the purpose of installing some signs, in
cooperation with the school district. Andy Takata mentioned that the two
proposed bikelane projects will also provide safe pathways for school children.
Councilmember Johnson asked the City Attorney to look into the allegations
proposed by Donald Jones (see page 10).
2. City Manager
Andy Takata commended the Acting Police Chief for police presence at recent
youth/violence activities in the Sunken Gardens.
At 10:50 p.m., the City Council adjourned the regular meeting to a continued Closed
Session. Said Closed Session adjourned at approximately 11:10 p.m.
THE CITY COUNCIL WILL MEET NEXT ON TUESDAY, OCTOBER 8, 1996 AT 7:00
P.M.
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MINUTES RECORDED AND PREPARED BY:
LEE PRICE, C.M.0
CITY CLERK
Attachment: Shannon (Exhibit A)
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Exhibit A
LORET05.XLS
LOT# PARCEL SIZE FLOOR PLAN FOOTPRINT % COVERAOE
1 9220.00 2L 1890 21%
2 5057.50 2R 2005 40%
3 5057.50 2L 2005 40%
4 4955.60 2R 2005 40%
5 5260.00 2L 2005 38%
6 4652.90 1 R 1890 41%
7 4551.80 IL 1890 42%
8 4550.90 111 1890 42%
9 4904.50 3R 1642 33%
10 4676.80 3R 1642 35%
11 9373.60 2R 2005 21%
12 8744.90 2R 2005 23%
13 7272.00 IR 1890 26%
14 4801.40 3L 1642 34%
15 4870.80 31. 1642 34%
16 4548.70 1 L 1890 42%
17 4551.80 1R 1890 42%
18 4551.80 1L 1890 42%
19 5259.10 2R 2005 38%
20 6170.30 2R 2005 32%
21 6069.00 2L 2005 33%
22 6069.00 2R 2005 33%
23 6489.90 IR 1890 29%
TOTALS 131659.80 43628 33%
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