HomeMy WebLinkAboutMinutes 112895(1
ATASCADERO CITY COUNCIL
NOVEMBER 28, 1995
MINUTES
Agenda Item: A-1
Meeting Date: 01/09/96
CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. for purposes of discussions pertaining
to;
CONFERENCE WITH LEGAL COUNSEL - Discuss potential litigation: One (1) potential
case
Closed Session was adjourned at 6.45 p.m.
REGULAR SESSION-
The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Johnson, Luna and Mayor Highland
Absent: Councilmember Bewley (ill)
Also Present: Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Steve Decamp, City Planner; Art
Montandon, City Attorney; Roy Hanley, Assistant City Attorney;
Brady Cherry, Director of Community Services; Brad Whitty,
Finance Director; Mike McCain, Fire Chief; Lt. John Barlow,
Police Department and John Neil, Assistant City Engineer
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Deputy City Attorney: Status report on the adult book store(verbal)
Roy Hanley provided a brief status report relevant to staff's progress on drafting the
permanent ordinance to regulate adult businesses. He mentioned that the ordinance is on
track and should come forward in January of 1996.
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, provided a report on museum activities and spoke in
support of expanded promotion.
Terril Graham, 6205 Conejo Road, questioned why prisoners are not held in the police facility
jail rather than being transported to the County Jail. He observed that at $140.00, this
practice costs too much. Lt. Barlow reported that most arrests are held in the City's facility,
but noted that felony offenders are required to be transported to the County Jail. In addition,
he clarified that the fee for transport is $85.00.
Tom Austin, 10780 EI Camino Real, submitted a citizens' advisory petition opposing the
proposed bookstore signed by approximately 1,000 individuals.
Regina Foster, Paso Robles resident, suggested that the use of the words, "moving pictures"
[as it relates to "vending machines"] be included in the permanent ordinance staff is now
drafting to regulate adult businesses. The Assistant City Attorney noted that this language
has been incorporated.
---End of Public Testimony ---
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. NOTIFICATION OF GENERAL PLAN AMENDMENTS RECEIVED PRIOR TO THE CYCLE
DEADLINE OF OCTOBER 1, 1995
(Staff recommendation: Receive and file)
2. TENTATIVE PARCEL MAP 95005, 8775 COROMOAR RD. Consider request to divide
a 1.14 acre parcel into two (2) lots of 0.59 and 0.53 net acres for single-family
residential use. (Shores/Sholders Survey)
(Planning Commission recommendation: Approve)
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3. AWARD OF BID FOR PURCHASE OF ALARM DIALERS
(Staff recommendation: Approve)
The Mayor announced that Councilman Carden wished to discuss Item #1 and noted that it
would be moved to the first item under the Regular Business agenda. Councilman Luna
pulled Item #2.
MOTION: By Councilman Johnson, Councilman Luna to approve Item #A-3;
motion carried 4:0 by roll call vote.
Re: Item #A-2.TENTATIVE PARCEL MAP 95005, 8775 COROMOAR RD. - Consider
request to divide a 1.14 acre parcel into two (2) lots of 0.59 and 0.53 net acres for single-
family residential use. (Shares/Sholders Survey)
(Planning Commission recommendation: Approve)
Staff responded to questions from Councilman Luna about the original lot and new lot
configurations. Councilman Luna expressed approval of the subdivision and compared it, by
contrast, to a previously considered tentative map (TTP 95004/8295 Marchant) set for public
hearing December 12, 1995.
MOTION: By Councilman Luna, seconded by Councilman Carden to approve
Tentative Parcel Map 95005 based on the findings and Conditions of
approval contained in the staff report; motion passed 4:0 by roll call
vote.
B. PUBLIC HEARINGS: None Scheduled
C. REGULAR BUSINESS:
Re: Item #A-1. NOTIFICATION OF GENERAL PLAN AMENDMENTS RECEIVED PRIOR
TO THE CYCLE DEADLINE OF OCTOBER 1, 1995
(Staff recommendation: Receive and file)
Steve DeCamp provided a brief report. Councilman Carden suggested that the Council
consider initiating two additional general plan amendments: 1) change the zoning from
residential to commercial or industrial park on property north of Traffic Way to the river (from
the "Davis Ranch" to the "Rochelle property"; and 2) extend the Urban Services Line. on the
west side of Highway 101 and north to Ramona Road.
Mayor Highland objected due to procedural grounds indicating that the filing period had
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closed two months ago. Councilman Luna agreed and voiced disapproval. Councilman
Carden argued that he had met with staff to draw up a map for presentation at the next
meeting. He added that staff has advised that now is the appropriate time for Council to
initiate general plan amendments.
Discussion ensued.
MOTION: By Councilman Carden, seconded by Councilman Johnson to direct
staff to bring back two general plan amendment requests for further
review and potential inclusion in the next General Plan update; motion
carried 3:1 (Councilman Luna, opposed).
Mayor Highland noted that he had reluctantly voted in favor of the motion because it would
allow the matter to be brought back for further consideration at the next meeting.
1. STATUS REPORT ON THE AMAPOA/TECORIDA INTERIM DRAINAGE
IMPROVEMENTS
(Staff recommendation: Accept staff report)
John Neil provided the status report. There were no questions or comments from Council or
public.
2. REQUEST TO REMOVE WEED ABATEMENT CHARGES FOR APN 050,051,005
(Mortorff) and TO DISCUSS WEED ABATEMENT POLICY
(Staff recommendation. Provide direction)
Chief McCain provided the staff report and responded to questions about the weed
abatement policy and process. The City Attorney responded to questions regarding
assessment procedures. He noted that because of the "window period" between the time in
which the City forwarded the adopted resolution placing the charges on the County tax rolls
and the time Mr. & Mrs. Mortorff purchased the property, the assessment would not have
appeared on the title report. He explained that assessments, like taxes, do not become a lien
until said become delinquent.
Public Comments:
Denise Mortorff, 7910 Balboa, addressed the City Council regarding weed abatement charges
assessed on her property. She requested that the $452.00 charge be removed as she was
not the legal owner at the time the property was abated. Mrs. Mortorff also voiced concerns
about the weed abatement policy and contended that the City was using old tax record
information. She suggested that the policy be revised to provide for greater efforts on the
part of staff to acquire the most up-to-date information relative to changes in ownership and
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that weed abatement charges be placed on properties as a lien and not an assessment. Mrs.
Mortorff also offered her personal expertise at no cost to the City in an effort to improve the
process so that situations like this do not arise again. _
---End of Public Testimony ---
Staff responded to additional questions from Council. Individual comments followed.
MOTION: By Councilman Carden, seconded by Councilman Luna to deny request
to remove the weed abatement charges.
Discussion: Councilmember Luna requested that staff be directed to review the policy
so that this circumstance does not happen again. The Fire Chief reported that Fire
Department staff and the City Attorney have already met to review the policy. The
City Manager added that staff can also look at the pros and cons of liens versus
assessments and bring the matter back.
Vote on the motion: Motion to deny approved 4.0. There was consensus to bring the
policy back for review.
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports were given, as follows.):
1. County Water Advisory Board - Mayor Highland announced that the board
would meet the following week.
2. Economic Round Table - Councilman Johnson provided a brief report on the
meeting of the November 15, 1995.
3. Air Pollution Control District - The Mayor reported that the APCD would
meet on December 13, 1995.
4. North 'County Council - The Mayor noted that the full body of the North
County Council would meet Thursday, 11 /30/95, in Atascadero,
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Members of the City Council commented favorably about the Christmas Tree Lighting
Ceremony held in Sunken Gardens.
Councilman Luna requested that staff write a letter to CalTrans expressing concern about
pedestrian safety at Rosario and EI Camino Real.
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THE MEETING WAS ADJOURNED AT 8:25 P.M. THE ATASCADERO CITY COUNCIL WILL
MEET NEXT WITH THE NORTH COUNTY COUNCIL ON THURSDAY, NOVEMBER 30, 1995
AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
—
LEE PRICE, CIVIC
City Clerk