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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 CC 10/08/96 Page 1 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. CO 10/08/96 Page 2 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. CC 10/08/96 Page 3 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 CC 10/08/96 Page 4 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 CC 10/08/96 Page 5 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) CC 10/08/96 Page 6 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. CC 10/08/96 Page 7 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. CC 10/08/96 Page 8 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 CC 10/08/96 Page 9 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. CC 10/08/96 Page 10 MINUTES RECORDED AND PR ED BY: Com-- LEE PRIG C.M.0 CITY CLERK CC 10/08/96 Page 11