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HomeMy WebLinkAboutMinutes 102681 AGENDA - ATASCADERO c1TY COUNCIL Regular Meeting October 26, 1981 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar, are con- sidered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of October 12, 1981 (RECOMMEND APPROVAL) 2. Tentative Parcel Map AT 810701 1, 9040 San Diego Road, David Dunham (Twin Cities Engineering) to allow subdivision of approximately 9.7 acres into three parcels (RECOMMEND APPRO- VAL OF PLANNING COMMISSION RECOMMENDATION) 3 Appeal of Departmental Review R810602: 1, 5265 El Camino Real, Glen Lewis, to convert existing butcher shop into profession- al offices (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 4. Lot Line Adjustment LA 810817 1, 5300 Traffic Way, Ernest Simon (Hilliard) to adjust exiting lot line to resolve a building encroachment (RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMENDATION) 5. Award Bid No. 81-17, Balboa Road reconstruction, to Ventures West in the amount of $84,754 (RECOMMEND ACCEPTANCE OF LOW BID) B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on appeal of Departmental Review R810811 1, 7315 E1 Camino Real, Bob Lawrence, to allow establishment of a game arcade 2. Appearance of Chamber of Commerce representatives regarding funding 3 Report on General Plan Amendments/Cycle 1 (1982) an ``1lirry 'r11� AGENDA - ATASCADERO CITY COUNCIL - OCTOBER 26 , 1981 C. UNFINISHED BUSINESS 1. Ordinance No. 44 relating to buildings and construction and establishing a Board of Appeals (first reading) �w 2 Set date to consider location of Police Department facilities 3. Resolution No. 34-81 recommending certain parking restric- tions on State Route 41, specifically on E1 Camino Real and r West Mall D. NEW BUSINESS 1. Resolution No. 32-81 authorizing the filing of a claim for local transportation funds in compliance with the Transporta- tion Development Act 2. Resolution No. 33-81 authorizing purchases of certain items for the City by the Purchasing Agent of the County of San Luis Obispo 3. Consideration of election date legislation 4. Review of San Luis Obispo County Area Council of Governments agenda items E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council .► 2. City Attorney 3 City Manager �w arr err MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 26, 1981 7: 30 p.m. Atascadero Administration Building The meeting was called to order at 7 30 p.m. by Mayor Wilkins with the Pledge of Allegiance. David Doll of the Four Square Gospel Church gave the invocation. ROLL CALL PRESENT Councilmen Highland, Mackey, Nelson, Stover , and Mayor Wilkins ABSENT None A CONSENT CALENDAR 1. Minutes of the regular meeting of October 12, 1981 (RECOMMEND APPROVAL) 2 Tentative Parcel Map AT 810701 1, 9040 San Diego Road, David Dunham (Twin Cities Engineering) to allow subdivision of approximately 9 7 acres into three parcels (RECOMMEND APPRO- VAL OF PLANNING COMMISSION RECOMMENDATION) 3 Appeal of Departmental Review R810602 1, 5265 E1 Camino Real, Glen Lewis, to convert existing butcher shop into profession- al offices (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 4 Lot Line Adjustment LA 810817 1, 5300 Traffic Way, Ernest Simon (Hilliard) to adjust exiting lot line to resolve a building encroachment (RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMENDATION) 5. Award Bid No 81-17, Balboa Road reconstruction, to Ventures West in the amount of $84 ,754 (RECOMMEND ACCEPTANCE OF LOW BID) Mayor Wilkins reviewed all items on the Consent Calendar Coun- cilman Highland requested that Item A-4 be withdrawn for discussion separately. Mr . Warden stated that he had some additional information on Item A-5 and requested that it also be withdrawn from the Consent Calendar . MOTION: Councilman Mackey moved for the approval of the Consent Cal- endar , Items A-1 through A-3 The motion was seconded by Councilman Stover and unanimously carried by roll call vote A-4 Lot Line Adjustment LA 810817 1, 5300 Traffic Way, Ernest Simon (Hilliard) to adjust existing lot line to resolve a building en- croachment err MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26 , 1981 Councilman Highland stated that he was not in favor of granting lot line adjustments which created lots less than the 10 ,000 square foot minimum. Councilman Mackey agreed. Mr . Stevens, Planning Direc- tor , stated that the applicant has some adjacent parcels he may be able to use to create the minimum lot size. ' MOTION Councilman Highland moved that Item A-4 , LA 810817:1, be re- ferred back to the Planning Commission with a request to re- design the adjustment so that it will not result in a lot of less than 10,000 square feet The motion was seconded by Councilman Mackey and unanimously carried. A-5 Award Bid No 81-17 , Balboa Road reconstruction, to Ventures West in the amount of $84 ,754 Mr . Warden stated that the City has an offer from Gordon Davis to widen a portion of Balboa Road to allow an additional shoulder for a bike path, equestrian trail, etc. He stated that if not done at this time, it will have to be eventually The City has an opportunity to have this accomplished for free and it might otherwise cost in the neighborhood of $5,000 for labor . Mr . Warden passed out some pictures of trees in the right-of-way which will have to be removed to allow widening of the road. Councilman Highland felt that Council should approve the matter since it will have to be done sometime in the future anyway. MOTION Couuncilman Highland moved that Council approve the necessary slope and shoulder improvements at the same time as the Bal- boa Road reconstruction takes place The motion was seconded by Councilman Stover Councilman Nelson stated that he would like to have the matter de- layed so that he can look at the location Councilman Highland withdrew his motion and Councilman Stover his second MOTION Councilman Highland moved that Council approve awarding the bid to Ventures West in the amount of $84 ,754. The motion ` was seconded by Councilman Nelson and unanimously carried by roll call vote. Mm Staff was instructed to bring the matter back at the next meeting for a decision on the road widening. B. HEARINGS, APPEARANCES AND REPORTS 1 Public hearing on appeal of Departmental Review R810811 1, 7315 El Camino Real, Bob Lawrence, to allow establishment of a game arcade Mr . Warden stated that tonight' s public hearing was a formal appeal from the Planning Commission's approval of the arcade at the Adobe Plaza. He stated that although the Council had heard public 2 �r► MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26 , 1981 comments at the last meeting, it was not a noticed public hearing and, therefore, the appellant had not exhausted his appeal rights Larry Stevens reviewed the project and the conditions set by the Planning Commission. He also outlined the various alternatives avail- able to Council in approving or disapproving the appeal Ron Von Felden, Attorney for Don Chapman of the Sugarless Shack, spoke in support of the appeal to deny the use at this location He introduced Mr McLain, owner of the bowling alley, who outlined his experience with having arcade-type games in his establishment. He stated that the problem was not while the teenagers were inside the building, but after they left They would congregate outside the building and, in addition, there were problems with burglaries and vandalism while he had the games. Mr Von Felden did not feel that the arcade could be compared to a bowling alley use as suggested in the Staff report. He asked Council to deny the permit and, since the City does not have an ordinance specifically dealing with game arcades, the City should come up with one defining them. Don Chapman of the Sugarless Shack presented the Council with pe- titions signed by patrons of the businesses in the Adobe Plaza against the arcade being located there He cited problems with juveniles con- gregating outside the businesses, inadequate parking, too many games , etc. Earl Murie of Venus de Milo spoke in support of the appeal. He did not feel that an arcade was compatible with the type of businesses in the Adobe Plaza. Mr . Beck of Swensen' s spoke in opposition to the arcade' s location and cited problems with arcade games in the Toy Cen- ter in San Luis Obispo and Grover City. He also did not feel that one restroom was enough to accommodate the anticipated patronage at the arcade. Norman Munson asked how many people knew where their children were at that time and stated that the problem may lie with the parents dis- ciplining their children David von Ter Stegge, attorney for Ed Worthan, objected to the public hearing stating that he felt the hearing had already been held at the last meeting when everyone was given an opportunity to express their views. He requested that all testimony given at the last Coun- cil meeting regarding this matter be incorporated in this evening' s record. Mr . von Ter Stegge discussed the stringent provisions in Mr Lawrence' s lease. Mr . Lawrence responded to some of the comments made by those in opposition to his proposed business. He feels he should be given an opportunity to prove he can run an arcade Jeff Chowman, general manager of the Sugarless Shack, and Eric Michaelsen of Calico Kids, spoke in support of the appeal. Ralph McCarthy, partner in Luigi ' s, felt that Mr . Lawrence should be given an opportunity to operate the arcade. He felt that the conditions set by the City and the lease were enough to insure that the business is run properly or Mr . Lawrence will be asked to vacate the premises at the Adobe Plaza 3 we MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26 , 9 81 Ken Cave pointed out that there was another arcade located on Portola and Highway 41 The hearing was closed at 8:45 p m and the matter turned over to Council for discussion. Councilman Nelson stated that he feels negative about arcades for children, however , he is not sure he can deny the applicant the use at this time. He would like to see a shorter review period than a year ; perhaps six months. Councilman Mackey felt that the present tenants should be considered in favor of someone coming in; she did not feel she could vote in favor of an arcade in the Adobe Plaza Councilman Highland felt that Mr Lawrence should be given a chance to operate and live up to the conditions imposed in the lease and by the Planning Commission. Councilman Stover did not feel that the Council could turn it down with all the conditions set which should adequately con- trol the activity. Mayor Wilkins agreed that Mr . Lawrence should be given an opportunity to perform MOTION Councilman Highland moved that the appeal be denied. The motion was seconded by Councilman Stover and carried with Councilmen Mackey and Nelson voting no Councilman Nelson stated that he was voting no on the basis of the yearly review. ., RECESS 8: 50 P M. RECONVENED 8 58 P.M. 2. Appearance of Chamber of Commerce representatives regarding funding Grigger Jones, representing the Chamber of Commerce, stated that the Chamber would like to see Atascadero promoted in a proper way. He reviewed some of the ideas the Chamber has for promoting Atascadero including seeking motel and convention facilities and promoting a "Shop in Atascadero" campaign. Council discussed this matter at length with questions to Mr Jones and Mike Lucas. They discussed different items they would pre- fer to support and others that they would rather see continue to be self-supporting, such as a business directory and city brochure and map Comments were heard from Kathleen and John Daly and Doug Lewis in opposition to allocating funds to the Chamber of Commerce Councilman Nelson felt that the City should enter into an agree- ment with the Chamber and have a work session to discuss specifics of expenditure of funds. ' MOTION Councilman Nelson moved that Council support the Chamber of Commerce in the full amount requested, $16 , 500 , and sit down with them to determine the specific programs. The motion died for lack of a second. "` 4 9 81 MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26 , MOTION: Councilman Mackey moved that Council sign the agreement with the Chamber and allocate $5, 000 to them. The motion was seconded by Mayor Wilkins. There was considerable discussion regarding the motion with Coun- cilman Highland not in favor of a specific dollar figure until the programs are defined. He thought that perhaps bids should be sought Councilman Mackey withdrew her motion and Mayor Wilkins his second. MOTION Councilman Nelson moved that Council accept the agreement for community promotion services and sit down with the Chamber to work out the details of the dollar figure as soon as possi- ble The motion was seconded by Councilman Stover . Mr . Warden stated that Council would have to determine the dates to be inserted in the agreement. Council decided that the agreement would be effective November 1, 1981, and shall continue in effect un- til June 30, 1982. Councilman Nelson amended his motion to include that the ef- fective date of the Agreement is November 1, 1981, and it shall continue in effect until June 30 , 1982. The amendment was accepted by Councilman Stover and the motion was unani- mously carried 3 Report on General Plan Amendments/Cycle 1 (1982) Mr Stevens reviewed his memo to the Council of October 20, 1981 and his memo to the Planning Commission of October 19 , 1981, which included the recommendations of the Planning Commission for proposed amendments to the General Plan. These items will be considered at a public hearing. Council members had nothing to add to the list estab- lished by the Planning Commission Doug Lewis stated that he had submitted a list of items during the last cycle and was told that they would be considered in this cycle He asked where they were. Mr . Warden suggested that Mr . Lewis re- quests be presented to the Planning Commission to determine if they recommended inclusion in the General Plan amendment process . C. UNFINISHED BUSINESS 1. Ordinance No 44 relating to buildings and construction and establishing a Board of Appeals (first reading) �. MOTION Councilman Nelson moved that Ordinance No. 44 be read by title only. The motion was seconded by Councilman Mackey and unanimously carried err Mayor Wilkins read Ordinance No. 44 by title only. �' 5 *gf 9 81 MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26 , arr MOTION Councilman Nelson moved that this constitute the first read- ing of Ordinance No. 44. The motion was seconded by Coun- cilman Mackey and unanimously carried by roll call vote 2. Set date to consider location of Police Department facilities Howard Marohn suggested that Council establish a committee of res- idents to study this matter in order to receive a broader range of possibilities He felt that their charge could be to locate the po- lice station as well as consider a satellite fire station. Mr Warden advised that that the Sheriff' s lease for the Masonic Hall is up November 30th. Council set Monday, November 30 , 1981, at 7 30 p.m. to discuss the location of a police facility 3 Resolution No. 34-81 recommending certain parking retrictions on State Route 41, specifically on El Camino Real and West Mall Mr . Warden stated that this resolution was required in order to get State approval to the proposed parking restrictions The instal- lation of the signs and proper markings will cost between $5, 000 and $6,000. MOTION: Councilman Highland moved that Resolution No 34-81 be read by title only. The motion was seconded by Councilman Stover and unanimously carried Mayor Wilkins read Resolution No. 34-81 by title only MOTION: Councilman Highland moved for the adoption of Resolution No 34-81. The motion was seconded by Councilman Stover and unanimously carried D. NEW BUSINESS 1. Resolution No. 32-81 authorizing the filing of a claim for local transportation funds in compliance with the Transporta- tion Development Act Mr Warden reviewed the claim in the amount of $253 ,736 which in- cludes paying the City' s share of the regional handicapped transporta- tion system, the operation of the Dial-A-Ride system, the City' s 20% share of grant matching funds to purchase two new handicapped equipped vans, development of the property adjacent to the bus dispatch loca- tion to be used for bus parking and turn-around, the City' s 10% share for the construction of a railroad grade crossing protection device, and asphalt overlays for roads and streets within the City street sys- tem �"` 6 MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26, 1981 MOTION Councilman Highland moved that Resolution No. 32-81 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried Mayor Wilkins read Resolution No. 32-81 by title only MOTION Councilman Highland moved for the adoption of Resolution No 32-81. The motion was seconded by Councilman Nelson and unanimously carried 2. Resolution No. 33-81 authorizing purchases of certain items for the City by the Purchasing Agent of the County of San Luis Obispo Mr . Warden reviewed his memo which outlined the City' s purchasing procedures Basically, the City purchases locally unless there is a 10% or better difference in costs. MOTION Councilman Highland moved that Resolution No. 33-81 be read by title only The motion was seconded by Councilman Mackey and unanimously carried. Mayor Wilkins read Resolution No. 33-81 by title only. MOTION Councilman Highland moved for the adoption of Resolution No. 33-81. The motion was seconded by Councilman Stover and unanimously carried 3 Consideration of election date legislation Mr . Warden reviewed his memo to Council which outlined the new legislation allowing cities to consolidate their April municipal elec- tions with either the June primaries, November State-wide elections or school board elections He reviewed the pros and cons of the legisla- tion; the biggest benefit to the City being the savings in costs rea- lized through consolidation. MOTION: Councilman Mackey moved that Staff prepare an ordinance to consolidate with the State-wide primaries in June The motion was seconded by Councilman Nelson and unanimously carried 4 Review of San Luis Obispo Area Council of Governments agenda items Mr Warden stated that only items of interest to the City on the agenda are the Transportation Claim they had just approved and the Section 18 funding The City does not have any requests in for Sec- tion 18 funding at this time. Staff recommends approval of the COG recommendations. Council authorized Councilman Stover to vote appro- val in these items. �r MINUTES - ATASCADERO�CITY COUNCIL - OCTOBER 26, 7981 E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 City Council (a) Councilman Mackey stated that she had received corres- pondence from KQED, the educational television channel, that Sonic Cable TV was substituting another channel for KQED. They suggested that Falcon Cable TV viewers write to Falcon expressing their preference for keeping KQED in this area (b) Councilman Mackey noted the restrooms in the Administra- tion Building during the Colony Days celebration were heavily used and, in particular , that the women' s restroom was inade- quate for the number of people in the area (c) Mayor Wilkins suggested that the City obtain a copy of .. the Board of Supervisors minutes of this morning' s meet- ing for the City' s files The item regarding the dissolution of the Atascadero Garbage District had been discussed 2 City Attorney Mr . Grimes was absent because of illness. 3. City Manager (a) Mr . Warden stated that the County burn period scheduled for November 1-15 is under consideration for cancella- tion due to the lack of rain. Acting Fire Chief Mike Hicks feels that too great a danger exists for uncontrolled escape fires if residents are allowed to burn before a rainfall of at least a 1/41' . Mr . Warden stated that the Fire Chief will make a determination by Friday as to whether or not the regular burn period will be cancelled. (b) Mr . Warden reported on his meeting with the Farmer ' s Home Administration and the County regarding the disso- lution of the Atascadero Sanitation District. He discussed the vari- ous alternatives available for transferring the District to the City. He hoped to have something for Council at their next meeting (c) Mr Warden stated that he was in receipt of correspon- dence from Falcon Cable advising that they will begin to construct facilities and provide service in the Monterey Road area as soon as they receive notification to proceed from P G &E (d) Mr Warden advised Council that the next Channel Coun- ties Division of the League of California Cities will be held on Friday, November 13 , in Santa Barbara. He asked Council to get their reservations in as soon as possible. (e) Mr . Warden advised that Automatic Alarms , Inc. will be installing an intrusion alarm system at the Zoo. The cost will be $3 ,779 and this is a budgeted item �'• 8 MINUTES - ATASCADERO'CITY COUNCIL - OCTOBER 26 ,"'f981 4M The meeting adjourned at 11 05 p m. to November 7, 1981, at 9 00 a.m in Room 207 to interview applicants for Fire Chief Recorded by MURRAY L WARDEN, City Clerk d; ACI co By: Ardith Davis Deputy City Clerk am 40 a�w �w '"" 9