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HomeMy WebLinkAboutMinutes 121079 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 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. Mayor Wilkins also gave the invo- cation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT (1) A gentleman complained about the trucks on El Camino damaging the road. A. CONSENT CALENDAR 1. Minutes of the regular meeting of November 26 , 1979 (RECOMMEND APPROVAL) MOTION: Councilman Mackey moved for the approval of the Consent Calendar. The motion was seconded by Councilman Stover and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Jack E. Bray from Focused Environmental Impact Determination on Zauft Conditional Use Permit ED78-197 Mr. Warden stated that since the Planning Commission had con- sidered this matter, additional information had been received from the applicant which would answer the EIR issues and negate the appeal. The matter would then be referred back to the planning process for a conditional use permit. ' Ellen Rognas from the County Environmental Coordinator' s office reviewed the additional information that answered the various EIR questions. Councilman Highland wondered if an EIR was necessary at this point since the conditions could be placed on the Conditional Use Permit. MOTION: Councilman J Highland moved that Project ED78-197 be 9 given a negative declaration. The motion was seconded �, by Councilman Nelson and unanimously carried.. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 Page Two Councilman Highland noted that his motion does not mean that ' the Council approves the project or that it is going to be approved; it still has to go through the Planning Commission and City Council through the Conditional Use Permit process which includes public ' hearings. Comments in opposition to the proposed racquet ball/health club were expressed by Stephanie Hughes, Rick Webber, Louie Borjes, Maynard Farnsworth, and others. Comments in favor of the project were provided by Richard Allen and Jack Bray. 2. Acceptance of Parcel Map AT 78-235, Darnal Larry Red of the 'County Subdivision Review Section reviewed this matter. The County Engineering Department has found the map to be consistent with the General Plan and the City Planning Commission has recommended to Council acceptance of the map. MOTION: Councilman Highland moved for the approval of Parcel Map AT 78-235. The motion was seconded by Councilman Nelson. ' Mr. Warden requested that approval include adoption of Resolu- tion No. 18-79 accepting the ten foot widening as a part of the ' -City road system. Councilman Highland amended his motion to include adoption ' of Resolution No. 18-79. The amendment was accepted by Councilman Nelson and the motion was unanimously carried. 3. Acceptance of Parcel Map AT 77-233 , Carmelita Avenue and ' Barranco Road Larry Red reviewed this matter for Council and noted a finding ' of General Plan consistency and approval by the City Planning Commission. MOTION: Councilman Nelson moved for approval of Parcel Map ' AT 77-233. The motion was seconded by Councilman Highland and unanimously carried. 4. CO 78-125, West-Stewart, extension of time request Larry _Red reviewed this item and noted that the Subdivision Review Board had recommended denial of an extension because the minimum lot size did not comply with the General Plan. The Planning Commission, however, had recommended granting the extension since the applicant had made substantial progress towards completion of the Final Map, MINUTES- ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 ' Page Three ' There was considerable discussion on this matter with Council- man Highland not favoring the extension. He did not feel that he could approve the project when it got to the permit stage. rMOTION: Councilman Highland moved that the extension be denied. The motion was seconded by Councilman Nelson. There was further discussion with comments from Acting City Attorney Fred Metzger. He felt that the Council had approved similar time extensions and should remain consistent. Mayor Wilkins was in favor of at least giving the applicant a six month extension. Councilman Nelson withdrew his second and Councilman -� Mackey seconded the motion. It was carried with Councilman Nelson and Mayor Wilkins voting no. 5. AL 79-01, Iverson/Beckwith - Bray, lot line adjustment Mr. Red reviewed this project. The Subdivision Review Board had recommended approval with the conditions contained in their ' minutes of November 7 , 1979; the Planning Commission had concurred in that recommendation. MOTION: Councilman Highland moved that the lot line adjustment be approved with the conditions contained in the Sub- division Review Board minutes of November 7, 1979. The motion was seconded by Councilman Nelson and unanimously carried. 6. Public hearing on application of James Watson for a Tentative Tract Map #770 to allow a subdivision of a 4.47 acre site into 3 parcels, Atascadero Road. Larry Red reviewed the project and stated that it had been approved by the Subdivision Review Board with the conditions listed in their minutes of October 3 , 1979 which included road improvement requirements. The applicant had requested exception to the road improvement requirements. The Planning Commission, at their meeting of November 19, 1979, approved the Subdivision Review Board' s con- ditions including the road requirements. Robert Hilliard, representing the applicant, did not feel the road improvements were necessary since no increase in traffic was likely because very few- lots in that area can be split. ' MOTION: Councilman Highlandmoved that Council endorse the recommendation of the Planning Commission for General Plan consistency and approval of the project in accor- r r MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 Page Four dance with the Subdivision Review Board meeting minutes of October 3, 1979, with deletion of condition number l under Streets. Mr. Hilliard also requested deleting number 11 under Fire Protection, installation of a fire hydrant, and number 14 under Design regarding street names for the road. There was further dis- cussion about the necessity for the fire hydrant and the feeling on the part of Council that they would like recommendations from the Fire Department on this requirement. Councilman Highland amended his motion to include the deletion of items 11 and 14. The motion was seconded by Mayor Wilkins Councilman Highland amended his motion to include the provision that approval be subject to the review of the Fire Chief to assure that proper fire protection is afforded. The amendment was accepted by Mayor Wilkins and the motion carried unanimously. 7. Public hearing on application of George Molina for a Tentative Parcel Map (CO 79-33) to allow a subdivision of a 1.5 acre site into two parcels, Traffic Way Mr. Red reviewed thisJ ro 'ect. The Subdivision Review Board, P at their meeting of November 7, 1979, had recommended a finding of , ' General Plan consistency and approval subject to the conditions and road improvements specified. The Planning Commission concurred in this recommendation. Mr. Molina objected to the curb, gutter and sidewalk improve- ments, stating that they should not have to be constructed until a building permit was applied for. Mr. Red reviewed the provisions for curb, gutters and side- walks and stated that the applicant had not requested an exception to this condition to the Engineering Department, therefore, no recommendations were made regarding elimination of this condition. Councilman Highland felt that these requirements could be built into the building permit process and was in favor of elimi- nating them at this time. ' MOTION Councilman Highland moved for approval of the Tentative Map subject to the conditions of the Subdivision Review Board meeting minutes dated November 7, 1979, with con- ditions 1, 2, 4 through 14 and eliminating condition 3. 1 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10 , 1979 Page Five The motion was seconded by Councilman Mackey and unanimously carried. 8. Public hearing on application of Barry Aggson for a Tentative Parcel Map (CO 69-91) to allow a subdivision of a 5 acre site into two parcels, San Fernando Road Larry Red reviewed the project noting a Subdivision Review Board recommendation at their meeting of November 7, 1979, finding inconsistency with the General Plan and for denial, along with recommendations for road improvements. The Planning Commission had recommended for approval, subject to conditions 1-18 as established by the Subdivision Review Board. iA presentation was made by Leonard Lenger. MOTION: Councilman Highland moved for approval of the Tentative Map subject to conditions 1-18 of the Subdivision Review Board meeting minutes of November 7, 1979. The motion was seconded by Councilman Mackey and unani- mously carried. 9. Public hearing on application of Tom Pahler for a Tenta- tive Parcel Map (CO 69-.43) to allow a subdivision of a 2.45 acre site into two parcels, San Gabriel Road Larry Red reviewed the project and stated that the Subdivision Review Board had recommended a finding of General Plan consistency and approval. The Planning Commission had concurred in that recom- mendation, but added an additional condition that the easement for access to Parcel "B" be a meandering one designed to preserve the existing trees. Mr. Hilliard advised that his client had surveyed the property and determined that they could comply with this addi- tional condition. MOTION: Councilman PP Highland moved for approval of the Tentative g Map subject to conditions 1-13 of the Subdivision Review Board meeting minutes dated November 7, 1979 as amended by the Atascadero Planning Commission. The motion was seconded by Councilman Mackey and unanimously carried. RECESS 9: 08 p.m, RECONVENED 9:15 p.m. 10. Appearance of Howard Marohn concerning City acquisition tof property for parking purposes. Mr. Marohn addressed the Council' s decision to explore the purchase of property across from the Administration Building on MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 Page Six ' East Mall for parking purposes. He felt that such -a large expen- diture should receive more discussion. He reviewed alternatives to purchase of 'the property for parking and suggested consideration be given to using portions of the Sunken Gardens and yard area in front of the Administration Building. He also suggested contacting the school district to determine theirinterestin purchasing the property with the City. Mr. Warden advised Mr. Marohn that he had already contacted the school district relative to their interest in a joint venture with the City and they had responded that they would like more information as to costs. The Council authorized an appraisal of the property which will answer this question. He reminded the Council that this matter had been brought to the Council at a regular meeting and, after discussion, referred to the Planning Commission who in turn discussed the matter at a regular meeting and recommended that the parking lot use was consistent with the General Plan. They recommended acquisition. The matter was further discussed at another Council meeting with direction given to the City Manager to secure two appraisals. Councilman Mackey stated that the property had long been desirable as a part of the Administration Building and she advised Mr. Marohn that a grant was being sought for its purchase. eotmcrr ' w2nlr -p-aT&inst-arr- �-of-tlr�-9tz rtzskerr-�src�errs-ar-A-dm=rst:ratron Berri-cimg-gratrrs-far-a-garlcrng-rat.- Some Council members expressed opposition to the proposal for using the Sunken Gardens or Administration* 11. Appearance of Mike Lucas regarding the Atascadero Emblem Contest Mr. Lucas passed around three final drawings selected by the Council committee to screen the finalists. Council reviewed and selected the drawing depicting the Administration Building surrounded by a wreath of cattails- drawn by Ken Gouff of. Atascadero. For a motto, Council selected "Vision of one, work of many. Mayor Wilkins thanked Mike Lucas and the Committee for their many hours of work on this contest. C. UNFINISHED BUSINESS 1. Consideration of Council meeting date, Christmas Eve, December 24th Council decided to set Wednesday, December 26, 1979, for the second Council meeting in December. *Building grounds for a parking lot. Corrected by minutes of 12-26-79. i • MINUTES NU ES - ATASCADERO CITY COUNCIL . Regular Meeting December 10, 1979 ' Page Seven ' 2. Consideration of Councilman Mackey' s committee proposals Councilman Mackey discussed her suggestions establishing various committees. As to the Parking Committee: Mayor Wilkins stated that the Chamber of' Commerce is in the process of revitalizing their parking committee. As to the Park and Recreation Committee: -Mayor Wilkins suggested that Councilman Mackey contact the Zoological Society to find out if they have suggestions as to the needs of the Zoo. As to the Beautification Committee: Mayor Wilkins did not feel that the Council needed to appoint a committee on this matter; if a group of citizens wished to make recommendations as to beauti- fication, they could do so. As to the Litter Committee: Council felt that service clubs might wish to provide containers for various places throughout the City. As to the Emergency Services Committee: There was discussion g Y on this with Mayor Wilkins stating that the cities in the County were in the process of developing a joint effort to arrive at coor- dinated emergency plans. As to the Alternative Energy Committee: Council felt that individuals could look into this themselves for their own homes; after a building department is established there may be some oppor- tunity for researching funding sources. ' D. NEW BUSINESS 1. Resolution No. 19-79 authorizing examination of State Board of Equalization Sales and Use Tax reports MOTION: Councilman Highland moved for the adoption of Resolution No. 19-79. The motion was seconded by Councilman Stover and unanimously carried. 2. Resolution No. 20-79 adopting a Council Conflict of Interest Code MOTION: Councilman Highland moved for the adoption of Resolution No. 20-79. The motion was seconded by Councilman Mackey and unanimously carried. I MINUTES ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 Page Eight 3. Resolution No. 2,1-79 of intention to grant electric franchise to Pacific Gas and Electric Company MOTION: Councilman Highland moved for the adoption of Resolution No. 21-79. The motion was seconded by Councilman Stover and unanimously carried. 4. Resolution No. 22-79 of intention to grant gas franchise to Southern California Gas Company MOTION: Councilman Highland moved for the adoption of Resolution No. 22-79. The motion was seconded by Councilman Stover and unanimously carried: E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council r (a) Councilman Mackey stated that the City of Morro Bay is attempting to change the name of Atascadero 1 State Beach in Morro Bay to Morro Bay State Beach. She said that that property was originally purchase by E. G. Lewis' and, because of its historical nature, the name should remain Atascadero State Beach. She requested Council authorization to make a presentattion in opposition to the name change at the hearings on this matter. MOTION: Councilman Highland moved that Councilman Mackey be authorized to speak at the hearings in opposition to the name change for Atascadero State Beach. The motion was seconded by Councilman Nelson and unani- mously carried. b Councilman Nelson stated that he had received ( ) ques- tions from merchants about securing business licenses. Mr. Warden said that people need to get their licenses from the County; the present ordinance is regulatory rather than revenue generating. The County supposedly receives only what it ' costs to process the license. The City will take over administering the business license tax ordinance in July, 1980. (c) Councilman Stover reported that during a Council of Governments meeting a ride-sahring program had been discussed and will be implemented for the Atascadero area. (d) Mayor Wilkins stated that he felt the City should take definite action against the revenue limitation initiative which is being circulated in Atascadero, Fred Metzger, Acting City Attorney, was of the opinion that the ordinance is MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 Page Nine illegal and suggested that the City seek declaratory relief action from the courts to enjoin circulation of the petition. There was considerable discussion as to the merits of having the courts determine the validity oftheordinance at this time or after the issue has been presented on the ballot and voted for. MOTION: Councilman Stover moved that Council take action to determine the validity of the ordinance at this time. The motion was seconded by Councilman Highland and carried with Councilmen Mackey and Nelson voting no. 2. City Attorney Mr. Metzger had nothing to report 3. City Manager (a) Mr. Warden advised that the City Offices were relocating in the Administration Building to ' Rooms 201-203. (b) Mr. Warden requested an executive session to dis- cuss personnel matters and stated that there would ' be no announcements at the conclusion of the meeting. The meeting adjourned to executive session at 10:45 p.m. and it was noted that the nextregularmeeting of the Council would be on Wednesday, December 26, 1979. Recorded by: MURRAY L. WARDEN, City Clerk 1 � By: Ardith Davis ' Deputy City Clerk 1 1 1 i i PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Atascadero City v Coun meeting scheduled for Monday, December 24, 1979 has been changed to WEDNESDAY, DECEMBER 26 , 1979, at 7: 30 p.m, in the Rotunda Room of the Administration iBuilding, 6500 Lewis Avenue, Atascadero, California. Dated: December 17, 1979 ' MURRAY L. ffARDEN, City Clerk City of Atascadero, California 1 i