HomeMy WebLinkAboutMinutes 100896 Agenda Item: A-1
Meeting Date: 12/10/96
(Approved w/correction)
ATASCADERO CITY COUNCIL
OCTOBER 8, 1996
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna 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; Roy Hanley, Deputy City
Attorney; Brady Cherry, Director of Community Services;
Steve DeCamp, City Planner/Acting Community
Development Director, Lt. Bill Watton, Acting Police Chief;
John Neil, Assistant City Engineer and David Foote,
Contract Environmental Consultant
COUNCIL COMMENTS:
Councilmember Luna reported that the Finance Committee had met for over 17
hours during the past week on the proposed 1996/97 fiscal year budget. Andy
Takata provided an update and reported that Finance Department staff have been
working overtime to input budget data and noted that he expects the budget to be
distributed on Thursday, October 10". The budget hearing is scheduled for
October 17, 1996 at 7:00 p.m., he announced.
Councilmember Johnson asked for a follow-up from staff about questions a
member of the public had at the meeting of September 24t' regarding the Carlton
Hotel. Roy Hanley reported a meeting is being scheduled with Mary Walsh in an
effort to answer her questions.
Councilmember Johnson asked staff to clarify a particular Mastercard charge. Roy
Hanley reported that the City had been erroneously charged for airline tickets to
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Atlanta, when, in fact, reservations had been made for the City Manager and
Mayor to fly to Sacramento for a meeting. The trip was canceled, he explained,
and the City received a full refund.
PROCLAMATIONS:
• "Fire Prevention Week", October 6-12, 1996
The Mayor presented the proclamation to Captain Peter Gaw, Atascadero Fire
Department.
• "Red Ribbon Week October 23-31, 1996
Susan Warren accepted the proclamation for the North County Connection.
COMMUNITY FORUM
Lanny Dugar, 8330 Santa Rosa Road, spoke to the issue of the Police Chief
termination and asked everyone to step back, find out all facts and take proper
action.
Bob Johnson, 3985 Rosita, urged the Council to reinstate the Police Chief and
asserted that it is not right to convict someone without hearing their side of the
story. He added that he believes it inappropriate for the City Manager to act as
the hearing officer in this case.
At the request of Councilmember Johnson, Roy Hanley summarized administrative
processes outlined in the Municipal Code and Personnel Rules & Regulations.
Jackie Vanderpool, 9191 San Diego Road, argued that the Police Chief is not an
at-will employee and requested that the Council call in a neutral arbitrator to
assure a fair hearing. She said she supports the Police Chief one hundred percent
and feels that the termination in unwarranted. Mrs. Vanderpool also commented
that when she requested information from the Finance Department on other
matters, she was told that the City Manager required that she put her request in
writing.
Dr. George Blount, 5750 Traffic Way, spoke in opposition to proposed bikelanes
on Traffic Way because they will reduce much needed on-street parking.
Leo Korba, 10905 Santa Ana Road, criticized Planning Commissioners/Candidates
for City Council Bob Johnson and Jim Edwards for expressing opinions about the
Police Chief's termination without having all the facts.
Bob Nimmo, 7375 Bella Vista Road, commended the City Council for diligence and
fairness in dealing with the personnel issue surrounding the Police Chief.
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Stew Thomson, 2744 Bella Vista, urged the Council to investigate those who are
responsible for getting the City into its financial situation instead of pursuing the
termination of the City's Police Chief.
John Cole, 8710 Sierra Vista Road, spoke in support of the Police Chief and the
Police Department.
Rush Kolemaine, 4850 Potrero Road, read a memorandum calling for the City
Manager's termination.
Terril Graham, 6205 Conejo Road, said he supports the Council's action as it
relates to the Police Chief and re-asserted concern about the amount of money
allocated by the City to the Chamber of Commerce. He argued that the Chamber
Director should not be lobbying against the bikelane projects.
Micki Ready, Executive Director of the Chamber of Commerce, explained that her
salary is paid for by the Chamber membership and clarified that she had not been
lobbying against the bikelanes, but rather on a fact-finding mission.
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. ACCEPTANCE OF IMPROVEMENTS RECLAIMED WATER EXTRACTION
WELL PROJECT, PHASE 2 (Bid No. 96-02)
(Staff recommendation: Accept)
2. FINAL TRACT MAP 95002 (TRACT 2198), 3555 EL CAMINO REAL - Final
approval of subdivision to divide a 5.24 acre parcel into five (5) one-acre
parcels for single-family residential use (Shores/Shannon/Cannon Assoc.)
(Staff recommendation: Approve)
3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO AVENUE
(Staff recommendation: Approve)
4. RESOLUTION NO. 88-96 - Authorizing award of bid for Dial-A-Ride vehicle
to be purchased with Federal grant funds for transportation purposes
(Staff recommendation: Adopt)
5. POLICY REGARDING DISPOSITION OF PLANNING COMMISSION TIE VOTES
(Staff recommendation: Approve/Refer to Planning Commission for
adoption)
The Mayor pulled Item #5. Terril Graham pulled Items #2 and 3.
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MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to approve Items #1 and 4; motion passed unanimously by roll call
vote.
Re: Item #2. FINAL TRACT MAP 95002 (TRACT 2198), 3555 EL CAMINO REAL
Final approval of subdivision to divide a 5.24 acre parcel into five (5) one-
acre parcels for single-family residential use (Shores/Shannon/Cannon
Assoc.)
(Staff recommendation: Approve)
Councilmember Bewley stepped down due to a potential conflict of interest. Terril
Graham requested clarification of why this matter was again on the agenda.
Councilmember Luna indicated that the matter is now a final tract map and must,
by law, be approved by the City Council. He noted that he had, however, voted
against it when it was a tentative map.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Item #2; motion passed 4:0.
Councilmember Bewley returned to the dias.
Re: Item #3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO
AVENUE
(Staff recommendation: Approve)
Councilmember Carden stepped down due to a potential conflict of interest.
MOTION: By Councilmember Johnson, seconded by Councilmember Luna
to approve Item #3, motion passed 4:0.
Councilmember Carden returned to the dias.
Re: Item #5. POLICY REGARDING DISPOSITION OF PLANNING'COMMISSION
TIE VOTES
(Staff recommendation: Approve/Refer to Planning Commission for
adoption)
Steve DeCamp provided the staff report and explained that staff is also
recommending that the appeal fee be waived if the Planning Commission is not
able to take action. An amendment to the fee resolution would be necessary, he
added, and staff would request direction to make such a revision, if the City
Council agrees with the recommendation.
Public Comments:
Eric Greening, 7365 Valle, asked why a change was being recommended. He
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wondered why a tie vote by the Commission could not simply just be continued to
the next meeting. Roy Hanley explained that State Law has certain streamlining
requirements and indicated that tie votes at the Planning Commission level can
legally be interpreted as a failure to take action, which may result in an action to
approve.
---end of public testimony---
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to approve Item #5; motion passed 5:0. There was consensus to
direct staff to make revisions to the fee resolution, as it relates to appeals.
B. PUBLIC HEARINGS:
1. 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) (Cont'd from 9/24/96)
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 EI Camino Real
(Planning Commission recommendation: Adopt)
B. Ordinance No. 313 - Amending the Zoning Ordinance Text by the
addition of (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 and recommendations to approve. There were
no Council comments or questions.
Public Comments:
Terril Graham voiced opposition to the zone change because of additional lights
and traffic. He said that he was not sure that extending the Ford dealership was
really appropriate for Atascadero and observed that it may not be in the
community's best interest.
Allan Yarborough, owner of Atascadero Ford, spoke in support and explained that
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he has outgrown his facility. He added that the dealership will be expanded by
thirty percent and argued that it will be an enhancement to the community.
Micki Ready spoke in favor of the zone change and noted that Atascadero Ford
has contributed over $30,000 towards youth sports and other community events.
---end of public testimony---
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to adopt Resolution No. 78-96, motion passed 4:0 by roll call vote.
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to waive the reading in full and introduce Ordinance No. 313 on first
reading by title only; motion passed 4:0 by roll call vote.
Councilmember Bewley returned to deliberations.
2. GENERAL PLAN AMENDMENT 9500220NE CHANGE 95003 - Consider the
certification of a Final EIR, the General Plan Amendment and Zone Change
known as the "South Atascadero Urban Service. Line Extension and General
Plan Land Use Map Amendment"
A. Environment Impact Report- Certify as adequate under CEQA
(Planning Commission/Staff recommendation: Approve)
B. Resolution No. 77-96 - Approving an amendment to the General Plan
Land Use Element by amending the Commercial Park and Industrial
Park land use descriptions, changing the land use map designation
from Suburban Residential to Commercial Park and High Density
Multiple Family, and extending the Urban Services Line within the
South Atascadero specific plan area (GPA 95002; City of
Atascadero/Hendrix)
(Planning Commission recommendation No recommendation /Staff
recommendation: Adopt)
C. Ordinance No. 311 - Amending the Zoning Ordinance text by creating
a (CPK) Commercial Park zoning district, adding Planned Development
Overlay No. 10 and amending Map 23 of the official zoning maps by
rezoning certain real property located at 11500 EI Camino Real from
(RS) Residential Suburban to (CPK) Commercial Park with (FH) Flood
Hazard and (PD10) Planned Development #10 overlays and (RMF-16)
High Density Multiple Family (ZC 95003; City of Atascadero/Hendrix)
(Planning Commission recommendation: No recommendation / Staff
recommendation: Motion to waive reading in full and introduce on
first reading, by title only)
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Steve DeCamp provided the staff report. He emphasized that there is no specific
project at this time. David Foote, environmental consultant, was present to
respond to questions regarding the environmental analysis. In-depth inquiries by
members of the City Council about the environmental impact report (EIR) followed.
The City Attorney addressed legal issues.
Individual Council comments followed. Councilmember Luna commented that he
doesn't think it would be appropriate for Atascadero to have an auto-mall in the
north and a potential auto-mall in the south. He also shared disappointment with
the EIR and the fact that the city had to pay for it.
Councilmember Carden voiced concern that underlying property rights might be
usurped with a planned development overlay and the requirement that a master
EIR be prepared for any development occurs.
Councilmember Johnson asked if alternative mitigation measures could be
substituted. The Deputy City Attorney indicated that if deemed acceptable, other
measures could be approved by the City Council.
Mayor Highland pointed out that the subject area is the only piece of property
where there is a possibility that substantial commercial development will occur and
remarked that he supports the planned development overlay because it will
prevent further strip development on El Camino Real.
The Mayor called a break called at 9:25 p.m. At 9:35 p.m., the meeting resumed.
Public Comments:
Leo Korba asked for clarification about the sewer expansion, who will participated
and how much it will cost. John Neil responded.
Donald Jones, 4585 Viscano, had some questions about projected effluent, as
outlined in the EIR. David Foote responded.
Rex Rew, 9190 Santa Rosa, suggested that the property be zoned high density
residential.
Carol Ball, 7070 Marchant, spoke in favor of the zone change but voiced concern
that too many restrictions are being placed on development.
Nancy Hyman, 10760 Colorado Road, spoke in opposition and asserted that the
proposed land use change will adversely impact the quality of the land. She
explained she had some concerns about visual impacts and argued that there is
not enough information at this time to approve the zone change.
Jackie Vanderpool, 9191 San Diego Way, spoke in favor of the change in zoning.
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Joan O'Keefe, 9985 Old Morro Road East, asserted that the EIR is insufficient and
speculated that the taxpayers will be stuck with all the costs of services, while the
developer will be the beneficiary.
---end of public testimony---
Councilmember Carden proposed that the EIR be modified by eliminating the
following: 1) two mitigation measures recommended for Halcon Road, 2) the
recommendation that the direction for the sewer main be eastward, 3) requiring a
35 foot setback, and 4) widening of the Santa Barbara Road bridge. Staff asked
for a five-minute recess to consult with the City Attorney regarding the proposed
changes suggested by Councilmember Carden.
Following a five-minute recess, Steve Decamp reported that staff believes the
mitigation measures proposed for Halcon Road may be eliminated without serious
consequence as they are not called for in the City's Circulation Element. Staff
continues to recommend an eastward direction for the sewer, he said, but added
that this matter can be addressed as a development standard when there is a firm
project. He explained that the 35 foot setback was recommended to establish a
suitable buffer, but indicated that staff believes this, too, can be applied on a
project by project basis. Roy Hanley advised that these changes do not relieve
any developer in the future from mitigatingallidentifiable impacts or from being
required to prepare their own Master EIR at that time.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to certify the EIR, as amended; motion passed 4:1 with
Councilmember Luna voting in opposition.
MOTION: By Councilmember Carden, Councilmember Johnson to find
that the deletions approved are not significant; motion passed 4:1 with
Councilmember Luna voting in opposition.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to adopt Resolution No. 77-96, as amended by adding the lot
known as 9160 San Diego Way; motion passed 4:1 with Councilmember
Luna voting in opposition.
MOTION: By Councilmember Carden to not require a planned
development overlay. The motion died for lack of a second.
Councilmember Johnson suggested that the planned development overlay be
altered consistent with the EIR as it relates to the 35 foot setback (see Exhibit C of
Draft Ordinance No. 311). Councilmember Carden agreed.
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MOTION: By Councilmember Johnson, seconded by Councilmember
Bewley to waive the reading in full and introduce Ordinance No. 311 by title
only, and to amend Exhibit C - Planned Development Overlay #12 consistent
with the changes approved in the EIR (Items D and H); motion passed 3:2
(Councilmember Luna and Mayor Highland opposed).
C. REGULAR BUSINESS:
1. RESOLUTION NO. 89-96 - Consenting to the transfer and assignment of the
existing cable television franchise contract with Falcon Cable Systems
Company, L.P. to Falcon Cable Systems Company II, L.P. in Atascadero, CA
(Staff recommendation: Adopt)
The City Manager provided a brief staff report and emphasized that this matter
was simply approving the name change. He clarified that no revisions to the
franchise agreement could be addressed at this time.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to approve Resolution No. 89-96; motion carried unanimously by roll call
vote.
2. ORDINANCE NO. 312 - Amending Map 23 of the official zoning maps,
rezoning certain real property at 10780 EI Camino Real from RMF/16 to
RMF/16 (PD7) (ZC 96009: Shannon/Shores/Sholders)
(Staff recommendation: Waive reading in full and adopt on second reading
by title only)
Councilmember Bewley stepped down to a potential conflict of interest.
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to adopt Ordinance No. 312 on second reading; motion passed 3:1
(Luna opposed).
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority -
Councilmember Carden reported on the last meeting and noted that major
items for discussion included housing density and the long-term transit plan.
2. Finance Committee - Councilmember Luna reported that at the last Planning
Commission meeting there was discussion relating to a recent recommenda-
tion by the Finance Committee to reduce postage costs by requesting that
the practice of mailing out agendas packets to commission members be dis-
continued. Councilmember Carden pointed out that the committee is ooking
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at every possible way to cut costs and noted that the City is truly pinching
pennies. The City Manager reported that he had sent a memo to members
of the Planning Commission clarifying the action.
Mayor Highland commented that he donates back to the City reimbursement
he receives for travel costs.
3. Air Pollution Control District - Mayor Highland reported that the committee
had met on the 24th of September.
4. Ad Hoc Regional Water Management Committee Mayor Highland reported
that the committee had met the previous week to discuss water supply for
Santa Margarita.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Johnson reported that he and the mayor had met recently with Bill
Bendit, retired Human Resources Director for Stanford Research Institute, to
discuss with him the possibility of having him perform a management review audit.
He explained that Mr. Bendit has offered to provide this service at no charge to
the city and added a recommendation that the Council direct staff to take him up
with his offer. By mutual agreement, the City Council directed staff to meet with
Mr. Bendit.
2. City Clerk
Lee Price, addressing public testimony provided by Jackie Vanderpool earlier,
provided clarification about how Mrs. Vanderpool's request for information had
been handled by staff. The City Clerk emphasized that the City Manager had not
taken any action whatsoever regarding her request, indicated that it was the
Clerk's Office who had asked for the request in writing and summarized the
provisions of.the Public Records Act.
AT 10:44 P.M., THE CITY COUNCIL ADJOURNED THE MEETING TO THURSDAY,
OCTOBER 17, 1996 AT 7:00 P.M. FOR PURPOSES OF CONDUCTING A SPECIAL
MEEITNG TO REVIEW AND CONSIDER THE PROPOSED 1996/97 FISCAL YEAR
BUDGET.
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MINUTES RECORDED AND PR ED BY:
Com--
LEE PRIG C.M.0
CITY CLERK
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