HomeMy WebLinkAboutMinutes 060881 MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting
June 8 , 1981 7 : 30 p.m.
Atascadero Administration Building
The meeting was called to order at 7 : 30 p.m. with the Pledge of
Allegiance. Reverend Rollin Dexter of the United Methodist Church
gave the invocation.
ROLL CALL
PRESENT: Councilmen Highland, Mackey, Nelson and Mayor Wilkins
ABSENT: Councilman Stover
PUBLIC COMMENT
None
Mayor Wilkins presented Norman Norton with a Certificate of
Appreciation for his service as Planning Commissioner from August,
1979 until December, 1980. Mayor Wilkins thanked him for his dedi-
cation to the City during this. important formative period.
A. CONSENT CALENDAR
' 1. Minutes of the regular meeting of May 11 , 1981
(RECOMMEND APPROVAL)
2 . Treasurer' s Report, 5-1-81 to 5-31-81 (RECOMMEND APPROVAL)
3 . Claim of Mr. & Mrs. William W. Tidwell for damages in the
amount of $10,855 (RECOMMEND DENIAL)
4 . Claim of Mr. & Mrs. William W. Tidwell on behalf of David
' Tidwell for damages in the amount of $20 ,000 (RECOMMEND
DENIAL)
5. Claim of Jim E. Gillispie, Jr. for injuries in the amount
of $50, 000 (RECOMMEND DENIAL)
6. Bid No. 81-05, Emergency Generator (RECOMMEND BID BE AWARDED
TO GENERATOR EQUIPMENT CO. IN THE AMOUNT OF $4, 326 .92)
7. Bid No. 81-06, Street Overlay Project 1981 (RECOMMEND BID
' BE AWARDED TO M. J. HERMRECK IN THE AMOUNT OF $135,300)
8 . Bid No. 81-07, Grounds Maintenance (RECOMMEND BID BE AWARDED
TO MOORE 'S YARD MAINTENANCE IN THE AMOUNT OF $33 ,600)
' 9 . Bid No. 81-08 , Construction of Vida & Navidad (RECOMMEND
BID BE AWARDED TO C. SANCHEZ & SONS IN THE AMOUNT OF $2 ,700)
10. Bid No. 81-09, Windowcovering (RECOMMEND BID BE AWARDED TO
THE WINDOW AFFAIR IN THE AMOUNT OF $2,413 . 62)
11. Exception to final Parcel Map CO 74-185, Valle Avenue and
Pinal Road, James and Franki Hazard, to grant exception to
Parcel Map conditions requiring "sewage disposal shall be
by connection to the community sewers" (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
12. Tentative Tract Map AT 810227 : 1, 9550 and 9552 El Parque,
Edward and Judy Young, to allow a two unit air-space condo-
minium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8 , 1981
Page Two
13. Lot Line Adjustment LA 810414 :1, 7720 Cristobaland7605 &
7655 Tecorida, Marcel E. Texeira, to adjust existing lot line '
to solve encroachment problem (RECOMMEND APPROVAL OF PLANNING -
COMMISSION RECOMMENDATION)
14 . Lot Line Adjustment LA 810316:1, 8808 Arcade, Rayetta
Williams, to adjust existing lot line to solve encroachment
problem (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA-
TION)
15. Acceptance of Parcel Map AT 80-57 ,9100 Pino Solo, Loyd Sims
(Baumberger) (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
16. Acceptance of Parcel Map AT 79-077 , , 4205 Santa Cruz,
Mr. and Mrs. Robert Hottenroth (Hilliard) (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
17. Acceptance of Parcel Map AT 801203 :1, 2100 Traffic Way, Levi
Barrett (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
18. Acceptance of Parcel Map AT 800911: 1, 8950 Atascadero Avenue,
Harry Smith (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
19. Acceptance of Parcel Map AT 79-265, 5650 and 5765 Vega, Don
Heath (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
20. Acceptance of Lot Line Adjustment LA 810225:1, 5260 Maleza
Michael Craig (Bray) (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENDATION)
21. Acceptance of Lot Line Adjustment LA 810130:1, 4550 San Ardo
Avenue, Margaret C. Ferreira (Associated Professions)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
22. Conditional Use Permit U810421 :1, N/E Corner of Morro Road
& Lago Avenue, Peter Del Vaglio (Dave Hansen) to allow estab-
lishment of an 8500 sq. ft. commercial recreation facility
including a dance academy, an arcade, a laundromat, a health
club and offices (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
23. Tentative Parcel Map AT 810327 :1, 9600 and 9630 Carmelita,
Edward and Hetty Anderson (Twin Cities Engineering) to allow
subdivision of 7. 7 acres into three parcels (RECOMMEND
APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
24. Variance V810408 :2, 5820 Traffic Way, G.D. Spradlin (Linden
thaler & Courtney Associates) to allow elimination of the
required 25 ' front setback in a C-1 Zone, where part of the
frontage in a block is in ,an "R" (Residential) district, in
conjunction with a proposed retail commercial project
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
25. Tentative Tract Map AT 810121:1, 6800 Alcantara, Gaylen Little,
to allow a three unit air-space condominium conversion
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
26. Tentative Tract 777, 5625-55 Capistrano, F.E. McNamara (West-
land Engineering) to allow a 16 unit air-space condominium
conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8, 1981
Page Three
27 . Tentative Tract 830 , 7605 and 7655 Santa Ysabel, Keith and
Murl Bruington (Mitch Walker) to allow a 27 unit air-space
condominium conversion (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENDATION)
28. Resolution No. 7-81 denying an appeal concerning certain
conditions placed on Building Permit No. 493 in conjunction
with alterations pursuant to the establishment of McCarthy 's
Restaurant at 6195 El Camino Real (RECOMMEND ADOPTION)
28 . Resolutions affirming City Council action on General Plan
Amendments
a. Resolution No. 8 approving General Plan Amendment
GP 801101: 1 amending the text of the Circulation
Element concerning the future location of Highway 41
to support the Mercedes Alignment (RECOMMEND ADOPTION)
b. Resolution No, 9-81 approving General Plan Amendment
GP 810108 :1 changing the land use designation from
High Density Multiple Family Residential to Retail
Commercial for certain property along South Mall
Extension and Capistrano near Santa Ysabel (RECOMMEND
ADOPTION)
C. Resolution No. 10-81 approving General Plan Amendment
GP 810316:1 amending the text of the Land Use and
Housing Elements concerning density bonuses for low
and moderate income housing (RECOMMEND ADOPTION)
d. Resolution No. 11-81 approving General Plan Amendment
GP 810316 :2 amending the text of the Land Use Element
concerning minimum lot sizes for Planned Unit Develop-
ments and Mobile Home Subdivisions (RECOMMEND ADOPTION)
e. Resolution No. 12-81 denying General Plan Amendment
GP 810316: 3 concerning permitted densities in Multiple
Family Residential Land Use Designations (RECOMMEND
ADOPTION)
f. Resolution No. 13-81 approving General Plan Amendment
GP 810316:4 amending the text of the Land Use Element
relating to future industrial development (RECOMMEND
ADOPTION)
g. Resolution No. 14-81 denying General Plan Amendment
GP 810325:1 concerning a requested change in land use
designation from Suburban Single Family Residential to
Moderate Density Single Family Residential for certain
property fronting on Viejo Camino and El Camino Real
between their intersection and Santa Barbara Road
(RECOMMEND ADOPTION)
h. Resolution No. 15-81 denying General Plan Amendment
GP 810325: 2 concerning a requesting change in land use
designation from Moderate Density Single Family Resi-
dential to High Density Single Family Residential for
a certain property located at 7565 Sombrilla (RECOMMEND
ADOPTION)
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8 , 1981
Page Four
Mayor Wilkins reviewed all items on the Consent Calendar. He
stated that he and Councilman Mackey had listened to the tapes of the
previous Council meeting and were, therefore, able to act on the
matters presented on the Consent Calendar which were heard at the last
Council meeting.
Councilman Mackey asked that Items Al2, A22, A25, A29a, A29b, and
A29c be withdrawn from the Consent Calendar and considered separately.
MOTION: Councilman Mackey moved for the approval of the Consent
Calendar with the exception of the withdrawn items. The
motion was seconded by Councilman Highland and unanimously
carried by roll call vote.
A-12 Tentative Tract Map AT 810227 :1, 9550 and 9552 El Parque, Edward
and Judy Young, to allow a two unit air-space condominium con-
version
Councilman Mackey felt that two units was too small for a condo-
minium; she thought that there should be a regulation which allowed a
minimum number of units such as five. Mr. Stevens advised that there
were no regulations at present limiting the number of units.
MOTION: Councilman Highland moved that Council approved the recom-
mendation of the Planning Commission. The motion was
seconded by Councilman Nelson and carried with Councilman
Mackey voting no.
A22 Conditional Use Permit U810421: 1, N/E Corner of Morro Road & Lago
i Avenue, Peter Del Vaglio (Dave Hansen) to allow establishment of
an 8500 sq. ft. commercial recreation facility including a dance
academy, an arcade, a laundromat, a health club and offices
Councilman Mackey did not feel that this was a good use due to
its proximity to the park. Councilman Nelson asked about the possibility
of a dance hall use at this location. Mr. Stevens stated that there
was not enough parking to establish a dance hall use on this site.
MOTION: Councilman Highland moved that Council approve the recom-
mendation of the Planning Commission. The motion was
seconded by Councilman Nelson and carried with Councilman
Mackey voting no.
A25 Tentative Tract Map AT 810121:1, 6800 Alcantara, Gaylen Little,
to allow a three unit air-space condominium conversion
Councilman Mackey noted her oppostion to this project.
MOTION: Councilman Highland moved for approval of the Planning
Commission' s recommendation. The motion was seconded by
Councilman Nelson and unanimously carried.
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MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8 , 1981
Page Five
29a Resolution No. 8-81 approving General Plan Amendment GP 801101 :1
amending the text of the Circulation Element concerning the
future location of Highway 41 to support the Mercedes alignment
Councilman Mackey stated that she was opposed to the Mercedes
alignment because, amongst other reasons, it would divide the City in
half and would change the character of the area.
MOTION: Councilman Nelson moved for the adoption of Resolution No.
8-81. The motion was seconded by Councilman Highland and
carried with Councilman Mackey voting no.
29b Resolution No. 9-81 approving General Plan Amendment GP 810108 :1
changing the land use designation from High Density Multiple
Family Residential to Retail Commercial for certain property
along South Mall Extension and Capistrano near Santa Ysabel .
Councilman Mackey stated that she did not feel that the City
should commercially zone a residential area; it will not enhance the
central business district to put a bank at this location.
MOTION: Councilman Highland moved that Council approve Resolution
No. 9-81 . The motion was seconded by Councilman Nelson and
carried with Councilman Mackey voting no.
A29c Resolution No. 10-81 approving General Plan Amendment GP 810316:1
amending the text of the Land Use and Housing Elements concerning
density bonuses for low and moderate income housing
Councilman Mackey stated that she was opposed to allowing density
bonuses since the City should give the General Plan provisionsi.a.n
opportunity to operate before making changes.
MOTION: Councilman Highland moved that Council approve Resolution
No. 10-81 . The motion was seconded by Councilman Nelson and
carried with Councilman Mackey voting no.
B. HEARINGS, APPEARANCES AND REPORTS
1. Public hearing to consider proposed uses for $165,946 of
Revenue Sharing Funds for 1981-82 Fiscal Year Budget
Mr. Warden reviewed the proposed Revenue Sharing items as suggested
by Staff. He stated that this was the first public hearing on Revenue
Sharing and it would be appropriate to ask for comments from the
public, however, no decision can be made until after the next hearing.
Daphne Fahsing, representing Action for Animal .Rights, spoke in
favor of AFAR' s request for $5, 00`0 of Revenue Sharing funds,
As there were no further requests for Revenue Sharing, the hearing
was closed.
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MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8 , 1981
Page Six
2. Appeal of David McMillan (Chidlaw) from Planning Commission
conditions of approval for Departmental Review R810330:1,
8375 Morro Road, to allow conversion of an existing single
family residence to a commercial office use
Larry Stevens reviewed this project stating the the Planning
Commission had approved the conversion subject to certain conditions.
The applicant, however, did not agree with several of the conditions.
Although some of the objections had been worked out at the staff
level, there were still some that only Council could resolve.
Mr. Chidlaw, representing the applicant David McMillan, reviewed
his objections to the conditions. Most of the discussion centered
around whether access should be allowed from Amapoa. The following
determinations concerning each Planning Commission approved condition
were made by Council:
With regard to Condition .2, concerning a future assessment
district, the applicant agrees not to protest the assessment district
but retains his right to argue as to the spread of costs.
Condition 5, Council agreed that the applicant could bond for
' construction within eighteen months.
Condition 5a, Council agreed to allow access from Amapoa
Condition 13, the sidewalk requirement was waived and a bond could
be established for the construction of curbs and gutters.
Condition 14 , the fire hydrant would be required.
MOTION: Councilman Nelson moved that Staff prepare a resolution in
accordance with Council findings and that the hearing be
continued until the next meeting. The motion was seconded
by Councilman Mackey and unanimously carried.
RECESS 9: 30 p.m. RECONVENED 9:35 p.m.
3 . Appeal ofFernandoEbhardt (Swauger) from Planning Commission
denial of a Conditional Use Permit U810316: 1, N/E corner of
San Jacinto and Palma Avenues, to allow construction of a
five (revised to four) unit air-space condominium project by
obtaining a density bonus for solar and energy efficient
units
Larry Stevensstatedthat the Planning Commission had denied the
request without prejudice and tabled it for ninety days to allow for
submittal of revised plans. The General Plan does allow, the requested
density. Mr. Ebhardt, the applicant, was in favor of having the
matter tabled until the issue of solar incentives can be determined
by the City.
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8 , 1981
Page Seven
MOTION: Councilman Highland moved that this matter be continued for
six .months. The motion was seconded by Councilman Mackey
and unanimously carried.
4 . City Attorney Report No. 13
Mr. Grimes briefly noted some items which might be of interest
to the Council .
5. Report by the City Manager on proposed Cease and Desist
Order No. 81-60, Atascadero County Sanitation District
Mr. Warden noted that the Cease and Desist Order proposed by the
Regional Water Quality Control Board resulted from a health department
survey of septic tank problems within the City. This survey was done
as a part of the grant process for the sewer plant expansion. He
reviewed the areas affected by the proposed Cease and Desist Order and
stated that the hearing before the Regional Water Quality Control
Board will be in Santa Barbara on June 12, 1981. The Staff is recom-
mending to the Board a plan of work which will address. solutions to
the problems. They were also recommending that any collector construc-
tion be approved for grant funding.
' C. UNFINISHED BUSINESS
I 1. Consideration of allocating additional funds ($3,180) for
moving the Lucky' s Market Building
' Mr. Warden stated that he had authorized an additional $3 ,180 for
moving the Lucky' s building because the original $5, 000 was not enough
to move the building. Since he was unable to get Council approval
prior to the deadline for removal from the site, he had to either
' authorize the expenditure or allow the building to pass to other owner-
ship. He asked Council to authorize the expenditure of the additional
$3,180.
MOTION: Councilman Highland moved that Council authorize the transfer
from reserve of $3,180 for this expenditure. The motion was
seconded by Councilman Nelson and unanimously carried by
roll call vote.
D. NEW BUSINESS
1. Consideration of allowing mobilehomes as temporary dwellings
during term of building permit
Mr. Warden stated that by adopting a policy to allow a mobile
home as a temporary dwelling for the building permit period for
owner-builder single family residential construction, the City would
allow owner/builders to live on their property while building their
house. Building permits are normally issued for eighteen months with
a possible six month extension.
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MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 8 , 1981
Page Eight
MOTION: Councilman. Highland moved for adoption of recommendation #2
of the Staff memorandum, which allows the time periods for
temporary dwelling and building permits to coincide. The
motion was seconded by Councilman Nelson.
John Cole stated that a neighbor of his has had a mobile home on
his property while constructing his home for 21 months. He was
wondering how much longer the home is going to be allowed to stay on
the property. Mr. Cole was advised that by this policy, the owner/
builder would be allowed use of his mobilehome until the expiration
of his building permit.
.The motion was unanimously carried. .
2. Consideration of the Capital Improvement Program
' Mr. Warden asked Council if they had any additions or deletions
to suggest for the proposed Capital Improvement Program. Councilman
Highland stated that sidewalks around the Sunken Gardens were not
needed. The rest of the Council agreed. He also felt that acquisi-
tion of lawn equipment could be eliminated since the City was now
' contracting for lawn maintenance.
MOTION: Councilman Mackey moved that the CIP be approved as amended.
The motion was seconded by Councilman Highland and unani-
mously carried.
3 . Consideration of Dial-A-Ride Service Contract
' Mr. Warden stated that this is the City's annual renewal contract
for the management of the Dial-A-Ride system.
tMOTION: Councilman Highland moved for the approval of the contract
and that the City Manager be authorized to sign the neces-
sary documents. The motion was seconded by Councilman
1 Nelson and unanimously carried.
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
' (a) Councilman Mackey requested that consideration be
given to planting a fruitless mulberry tree.
(b) Mayor Wilkins asked if there was something that could
be done about the parking in the red zone in front of
Thrifty' s. Staff will look into it.
2. City Attorney
Mr. Grimes had nothing to report.
MINUTES ATASCADERO CITY COUNCIL
Regular Meeting June 8, 1981
Page Nine
3. City Manager
(a) Mr. Warden advised that the City' s Official popula-
tion, adjusted by the State Office of Finance, is
16,495.
1 (b) Mr. Warden reviewed SB 102 which is being considered
by the State Legislature at this time The City
I will face significant cuts in State subvention revenues if this bill
is passed.
1 (c) Mr. Warden requested a closed session to review the
status of employee negotiations. He stated that
there would not be an announcement after the closed session.
The meeting adjourned at 10 : 20 p.m.
Recorded by:
MURRAY L. WARDEN, City Clerk
adtix flair
By: Ardith Davis
Deputy City Clerk
i