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Home My WebLink AboutMinutes 120892 Approved as Submitted 01/26/93 ATASCADERO CITY COUNCIL DECEMBER 8, 1992 MINUTES The Mayor called the meeting to order at 6: 00 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Andy Takata, Assistant City Manager/Director of Community Services; Art Montandon, City Attorney; Mark Joseph, Administrative services Director; Greg Luke, Public Works Director; Lt. John Barlow, Police Department; Steve DeCamp, City Planner and Kelly Heffernon, Administrative Analyst OPEN STUDY SESSION: Steve Devencenzi, San Luis Obispo Council of Governments, presented an overview of the Countywide Integrated Waste Management Plan and the Source Reduction and Recycling Elements (SRRE) . Brief Council questions followed; no action was taken. The Mayor called a short recess at 6:97 p.m. At 7: 02, the regular session was brought to order. PRESENTATION: Jon DeMorales and Bill Safarjan presented a plaque in recognition of public service to the City on behalf of United Way/Neighbors Helping Neighbors. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, asked for a considered CC12/08/92 Page 1 response to his five-page letter of November 10, 1992 and attachment (15 advantages of an alternative route) regarding the Highway 41 realignment. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Council of Governments - Mayor Nimmo announced that the next meeting would be December 9, 1992. 2. Solid/Hazardous Waste Task Force - Councilwoman Borgeson reported that the December meeting had been canceled. 3. County Water Advisory Board - Councilwoman Borgeson reported that the board, having met on November 4, 1992, had focussed on action taken by the Board of Supervisors regarding the State Water Project and reviewed draft contracts for twelve participants. 4. Liability Claims Review & Finance Committee - Councilman Luna indicated that the committee had met and refined projections for the 1992-93 fiscal year. He announced that the committee would meet again during the last week of the month. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. AWARD OF BID FOR WASTEWATER TREATMENT FACILITY CENTRAL ALARM SYSTEM 2. RESOLUTION NO. 126-92 - ADOPTING CITY'S ANNUAL INVESTMENT POLICY 3. REQUEST TO CHANGE POLICY OF PAYMENT OF WARRANTS FROM BI-WEEKLY TO MONTHLY 4. RESOLUTION NO. 127-92 SUPPORTING THE PROPOSED FEDERAL MAN- DATE RELIEF ACT OF 1993 MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve the Consent Calendar; motion carried unanimously by roll call vote. C. PUBLIC HEARINGS: 1. GENERAL PLAN & ZONING AMENDMENT, 5000, 5020, 5040 & 5060 MARCHANT AVE. (Cont'd from 11/24/92) CC12/08/92 Page 2 A. Resolution No. 99-92 - Approving an amendment to the Land Use Map of the Land Use Element of the City's General Plan (GPA 92-002) B. ordinance No. 263 - Amending Map 17 of the Official Zoning Maps by rezoning certain real property at 5000, 5020, 5040, 5060 Marchant Ave. from CP(FH) to CT(FH) (PD10) (ZC 92-008: Grinnell) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Steve DeCamp provided an overview of the request and recommenda- tion to approve the General Plan amendment and zone change. He then responded to brief questions from Council regarding allowable and conditional uses in a planned development overlay. Mayor Nimmo remarked that it may be time to look at allowable uses in most of the land use designations. Mr. DeCamp reported that staff was re-defining land uses as part of the comprehensive zoning ordinance re-write. Public Comments: Bob Borba, 9436 Carmel, presented copies of a petition (see Exhibit A) urging the Council to make allowed "eating and drinking places" subject to a conditional use permit application. James E. Grinnell, applicant, indicated that he has had three plans rejected for this property and was feeling like he was getting the run-around. He asserted that what he wanted was Commercial Tourist zoning with an expanded list of allowable uses. He read aloud the uses he would like permitted (see Exhibit A of Planning Commission Minutes of 10/20/92) . Bob Borba spoke again and clarified that nearby residents were agreeable to allowing "eating and drinking" places with a CUP; but were opposed to a "low class" and/or "full-fledged" bar being approved. He urged the Council to allow public input on this matter. ---End of Public Testimony--- Brief discussion followed. MOTION: By Councilman Kudlac, seconded by Councilman Luna to adopt Resolution No. 99-92 approving General Plan Amendment 92-002; motion carried 5: 0 by roll call vote. MOTION: By Councilman Kudlac, seconded by Councilman Luna to CC12/08/92 Page 3 waive the reading in full and introduce Ordinance No. 263 on first reading, as amended, making "eating and drinking" places subject to a conditional use permit; motion passed 5: 0 by roll call vote. D. REGULAR BUSINESS: 1. ROAD ASSESSMENT DISTRICT: STREET IMPROVEMENT PROJECT NO. 1992 (Las Encinas I, portion of 3-F Meadows and portion of Tecorida Ave. ) A. Resolution No. 129-92 - Approving proposed boundaries of assessment district B. Resolution No. 130-92 - Appointing Bond Counsel and Assessment Engineer C. Resolution No. 131-92 - Declaring City's intention to acquire and/or construct improvements Greg Luke provided brief background and recommendation to approve the necessary resolutions to initiate an assessment district for areas within 3-F Meadows and Las Encinas I and a portion of Tecorida Avenue. There were no questions or comments from the Council or public. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to adoption Resolution No. 129-92; motion carried 5: 0 by roll call vote. MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to adoption Resolution No. 130-92; motion carried 5: 0 by roll call vote. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to adoptionResolutionNo. 131-92; motion carried 5:0 by roll call vote. 2. REQUEST FOR TEMPORARY SEWER SERVICE HOOK-UP A. Resolution No. 128-92 - Permitting temporary sewer hook- up to 8475 San Gabriel Road Steve DeCamp introduced the item and recommended approval of Resolution No. 128-92 . He reported that, although there was no immediate health concern, the septic system had failed and the situation needed immediate remedy. He clarified that staff was not suggesting that any other properties be hooked up at this time but were proposing that direction be given to initiate for considera- tion a General Plan text amendment to allow sewer hook-ups outside the Urban Services Line ('USL) for selected, developed problem CC12/08/92 Page 4 sites. MOTION: By Councilman Luna, seconded by Councilman Kudlac to adopt Resolution No. 128-92 authorizing temporary sewer hook-up 8475 San Gabriel Road; motion carried unanimously by roll call vote. By consensus, Council directed staff to initiate a General Plan text amendment (to be included in the next cycle) allowing sewer hook-ups outside the USL for selected problem sites. 3. GENERAL PLAN AMENDMENT CYCLE 92-2 - Initiation of October 1, 1992, cycle of proposed General Plan Amendments (two private requests and two City proposals) Steve DeCamp provided an explanation of four requests for General Plan amendments and presented an overview of the process. Councilman Luna indicated that he could not support GPA 92-6 and 92-7 because he was opposed to high density "fingers" of development. In light of this, he asked for separate motions. MOTION: By Councilman Luna, seconded by Councilman Bewley to direct staff to study proposed General Plan Amendments 92-4 & 92-5; motion carried 5: 0 by roll call vote. MOTION: By Councilman Kudlac, seconded by Councilman Bewley to direct staff to study proposed General Plan Amendments 92-6 & 92-7; motion passed 4 : 1 (Luna opposed) . 4. ORDINANCENO. 249 - Amending Map 4 of the Official Zoning Maps by rezoning certain real property at 905 E1 Camino Real from CT, RS(FH) , and L(FH) (Commercial Tourist, Residential Suburban, Recreation, Flood Hazard Overlays) to CPK and L (PD9) (FH) (Commercial Park and Recreation, Planned Development Overlay No. 9 and Flood Hazard Overlay) (ZC 02-91: Daven Investments) (Recommend motion to adopt on second reading by title only) The Mayor introduced the item. There were no comments from staff, Council or public. MOTION: By Councilman Bewley, seconded by Councilman Kudlac to adopt Ordinance No. 249 on second reading; motion carried 3 : 2 (Councilmembers Borgeson and Luna opposed). S. ORDINANCE NO. 262 - Amending Map 5 of the Official Zoning Maps by rezoning certain real property at 4500 Del Rio Road from Public (P) to Residential Suburban (RS) (ZC 92-010: City of Atascadero) CC12/08/92 Page 5 (Recommend motion to adopt on second reading by title only) There were no comments from staff, Council or public. Mayor Nimmo asked for a motion. MOTION: By Councilwoman Borgeson, seconded by Councilman Kudlac to adopt Ordinance No. 262 on second reading; motion carried 5: 0 by roll call vote. 6. ORDINANCE NO. 264 - Amending Map 22 of the Official Zoning Maps by rezoning certain City-owned real property along Lakeview Drive (ZC 92-011: City of Atascadero) (Recommend motion to adopt on second reading by title only) The Mayor presented the item. There were no comments from staff, Council or public. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to adopt Ordinance No. 264 on second reading; motion carried unanimously. 7. SELECTION OF PLANNING COMMISSIONER FOR ECONOMIC ROUND TABLE Mayor Nimmo reported that five Planning Commissioners had expressed interest in being appointed to the Economic Round Table. Council- man Luna requested that the selection process specified in City Resolution No. 35-81 be followed. The City Clerk issued ballots and following two rounds of voting, Commissioner Jim Edwards was appointed to the Economic Round Table. E. INDIVIDUAL DETERMINATION AND[OR ACTION: 1. City Manager The Manager, as a reminder, mentioned that the second meeting for December had been canceled and noted that the next meeting would be January 12, 1993. At 8:27 p.m. , the Mayor called a recess. At 8:45 p.m. , the City Council reconvened and adjourned to a Closed session for purposes of discussions regarding personnel matters and pending litigation, entitled (a) City of Atascadero V. Fluitt, and (b) Prescott v. City of Atascadero. At 9: 05 p.m. the Closed session was adjourned. THE NEXT MEETING WILL BE TUESDAY, JANUARY 12, 1993. CC12/08/92 Page 6 MINUTES RECORDED AND PREPARED BY: LEE Cti1N; City C erk Attachments: Exhibit A - (Citizen Petition) CC12/08/92 Page 7 Q CCI2/8/92 I9#T "A" bear Atascadero City Council Memberst Regarding James Grinnels request for zohe change on his propetty . on Marchant St. (intersections of Tecorida St. and Alcantard St.) We the undersigned residents of Atascadero do hereby toncut with the planning commissions decision to allotir +IAMUSSMENT SERVICtSW as a "CONDITIONAL USE" We further ask the couhtil to alio# "EATING AND DRINKING PLACES" as a "CONDITIONAL, USE" rot this property. We do not want any BARS in our neight;thood of 3 hicd residehtiat area of homes. Thank you for your consideration. NAME ADDRESS IIBT � lei.z'z. C �7 ,12.�,�, (r 'i (.' ///�[$ L, i .5_Gtr ✓J-t> / -1 -��-- 000045 CC12/8/92 '15 U PxaeBIT 'rA,. 4 21992 RO Dear Atascadero City Council Members: CCITY{�.ERI SO FICE Regarding James Grinnels request for zone change on his property on Marchant St- ( intersections of Tecorida St_ and Alcantara St.) We the undersigned residents of Atascadero do hereby concur with the planning commissions decision to allow *AMUSEMENT SERVICES'+' as a "CONDITI;ONAL USE'" We further ask the council to allows '•EATING AND DRINKING PLACES" as a "CONDITIONAL USE for this property. We do not want any BARS in our neighbbrhood of a nice residential area of homes- Thank you for your consideration. NAME ADDRESS DATE Ma � �oara � urcg,rc Ave. ... _� C:C12/.8/92 EMISIT An Dear Atascadero City Council Members: Regarding James Grinnels request for zone change on his property on Marchant St. (intersections of Tecorida St. and Alcantara St.) We the undersigned residents of Atascadero do hereby concur with the planning commissions decision to allow "AMUSEMEP7T SERVICES" as & ."CONDITIONAL USE" We further ask the council to allow "EATING AND DRINKING PLACES" as a "CONDITIONAL USE" for this property. We do not want any BARS in our neighborhood of a nice residential area of homes. Thant; you: for your consideration. NAME ADDRESS 04BTE `�-=�1 t-_—=�—�r9•c'�rccC,/v r,h�=� � �"�2�',��.�.��kh��JJ ��-r�o Kti DCVI C, C G� _ f r t ( `��.Z l.kc.,. 1' �-ataescrcrs��. S.�-.._.,.)_—�tC_►l.�lt,�•�.�sZs.�.lti%:_._IJ ^ )moi` =�"Z A/Alsl f7,4 LA�" � i•la a C�.LxLrTit.L.. :�C_.__ /.r. P t ,. . �< . `��•�.``,,moi;,, ,�r- _ .�. , Sf1HA)Sr c't tt� �-"ct►; f. v '>t �' /11.14"4�1. 1{ �-- 1 `er 17 00004' LL/ti/'3L EXHIBIT "A" Page 4 ' t TY pp S Dear Atascadero City Council Members: C(1Y CLCCfRVS OFFICE Regarding James Grinnels request for zone change on his property on Marchant St. (intersections of Tecorida St_ and Alcantara St.) We the undersigned residents of Atascadero do hereby concur with the planning commissions decision to allow "AMUSEMENT SERVICES" as a "CONDITIONAL USE" We further ask the council to allow, "EATING AND DRINKING PLACES as a "CONDITIONAL USE'• for this property. • We do not want any BARS in our neighborhood of a nice residentiaL area of homes_ Thank you for your consideration_ NAME ADDRESS` ' DaVe 5-0 40 4 f 1 `n/.il:ttL^� !"/liri/v tt li'e :r i'K., ?��W �:"n C— � ` a--mac •.,...Q �1 c71 V awl e.r- 4�, . l a°t« 5.' _ YV L� 000048 ` CC12/8/92 L5 U L5 EXHIBIT "A" fl Page 5 Dear Atascadero City Council Members: CMCLERKS OFFtCE Regarding ,Tames Grinnels request for zone change on his property on Marchant St. (intersections of Tecorida St- and Alcantara St.) We the undersigned residents of Atascadero do hereby concur with the planning commissions decision to allots "AMUSEMENT SERVICES"' as a "CONDITIONAL USE" We further ask the council to allow "EATING AND DRINKING PLACES" as a ''CONDITIONAL USE" for this property. We do not want any BARS in our neighborhood of a nice residential area of homes- - - Thank you for your consideration_ NAME ADDRESS �$TE �='= . % • :' x- lii t`Lrnr t.r. r I .� ! 3., �.:...:.► �^�. �t 'rte..g,. i • aN .. z r &—n 0 1 15 4rrl -a T 17 ao OUQO� CC12/8/92 t - EXHIBIT "A" � j1 2n Dear Atascadero City Council Members: OFAQ TYCL, so Regarding James Grtanels request for zone change on his property on Marchant St. (iatersections of Tecorida St. and Alcantara St,) We the undersigned residents of Atascadero do hereby concur with the planning commissions decision to allows "AMUSEMENT SERVICES'" as a "CONDITIONAL. USE's We further arsk the council to allow: "EATING:• AND. DRINKING PLACES" as a "CONDITIONAL USE" for this property-- We ropertyWe da not want any, BARS im our neighborhood of a nice residential area of Homes_ + ` Thank yi= for your consideration. _ NAME ADDRESS DAME 710 Q G.-In-417 n00 .4 Olt 000050 - ii i ' i