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HomeMy WebLinkAboutMinutes 051082 MINUTES- ATASCADERO CITY COUNCIL Regular Meeting May 10, 1982 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. John Cole from the Atascadero Bible Church gave the invocation. ROLL CALL PRESENT: Councilmen Mackey, Nelson, Stover and Mayor Wilkins ABSENT: Councilman Highland PUBLIC COMMENT (1) Howard Marohn asked Council for information concerning budget hearing and adoption dates. Mayor Wilkins stated that the present Council would review the budget as they normally do. If a budget is adopted prior to the new Council being seated, the new Coun- cil can review and amend the budget as they, see fit. (2) Councilman Nelson noted that the Jaycee' s have indicated that they will not sponsor a 4th of July celebration this year . Bob Sonne, representing the Jaycee' s stated that the project had be- come economically infeasible for them to handle. Last year the pro- ject had cost them more than they took in. Mike Bewsey stated that the North County Contractors' Association is starting a drive to raise the money for the fireworks. He hopes to get businesses and clubs to provide donations Councilman Nelson reminded the Jaycee representatives to submit their request for City support, as far as police and fire services and use of the park is concerned, to the City as soon as possible if they plan to continue with the July 4th activities to any extent. A. CONSENT CALENDAR 1. Minutes of the regular meeting of April 26, 1982 (RECOMMEND APPROVAL) 2. Treasurer' s Report, 4-1-82 to 4-30-82 (RECOMMEND APPROVAL) 3. Acceptance of Parcel Ma AT 810831:1 82-70 8355 San Rafael P P ( ) • Road, Dutch Nichols (Hilliard) (RECOMMEND APPROVAL OF PLAN- NING COMMISSION RECOMMENDATION) 4. Acceptance of Parcel Map AT 79-031, 7405 Balboa Road, David M. Renton (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) MINUTES - ATASCADERO CITY COUNCIL - MAY 10, 1982 5. Tentative Parcel Map AT 820309:2, 7565 Sombrilla Avenue, Z. M. and Helen Walley (Twin Cities Engineering) to allow division of a 1. 59 acre parcel into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Tentative Tract Map AT 820224:1, 4401 E1 Camino Real, Steven E. Jacobsen (Hohenstein) to allow conversion of existing commercial building into ten commercial condominiums (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mayor Wilkins reviewed all items on the Consent Calendar. MOTION: Councilman Nelson moved for the approval of the Consent Cal- endar . The motion was seconded by Councilman Stover and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on Conditional Use Permit U820331:1, 6955 Por- tola Road, Church of Jesus Christ of Latter Day Saints, to allow a commercial trailer to be used as temporary classroom space for a period of two years while a permanent building is under construction at another site Larry Stevens reviewed the Planning Commission' s recommendations which approved the temporary classroom trailer subject to certain con- ditions, except that condition 4 requiring handicapped restrooms was deleted. Dr. R. Dean Robinson, the applicant' s representative, asked for consideration in deleting the fire hydrant and road repair require- ments. Mr. Warden urged consideration of deleting conditions 2 and 3, the fire hydrant and road repair. He was concerned as to whether- these conditions were reasonable and fair when applied to a temporary use. The effect of these conditions is to require a permanent solution to long existing problems because of a request for a short-term, limited use. Allen Grimes reminded Council that the condition imposed by Con ' ditional Use Permits requires that the they be reasonable under the circumstances. Council members discussed this matter and questioned Staff about the Water Company's upgrading of the fire hydrants. Mr. Warden stated that they were in the process of developing that program. ' MOTION: Councilman Nelson moved that Council grant the Conditional Use Permit eliminating number 2 from the conditions. The motion was seconded by Councilman Stover. There was further discussion regarding this matter with Allen Grimes pointing out that this action did clarify the test of reason- 2 MINUTES - ATASCADERO CITY COUNCIL - MAY .10, 1982 ableness and did not clearly establish a policy as to applying long- term conditions to a temporary use request. MOTION: Councilman Nelson amended his motion to include deleting number 3 of the conditions. The amendment was accepted by Councilman Stover and carried with Councilman Mackey voting no. 2. Report from Planning Director regarding parcels created in violation of subdivision regulations Mr. Stevens stated that the problem of an illegal lot can be created when an owner divides a parcel by selling a portion of it through a grant deed without following Map Act provisions and a buyer ' then purchases the property without knowing that the lot was improper- ly created, thereby becoming an illegal lot which could not be built upon. It was suggested that Council direct an amendment to the sub- division ordinance to allow certificates of compliance for illegal ' lots created after a specified date. Comments were heard from people who have encountered this problem and now cannot build on a lot even though the lot had been in existence for quite some time and had passed through several different ownerships. MOTION: Councilman Nelson moved that Council approve alternate num- ber 2 in the Staff memo dated May 6, 1982, and set the date of the City' s incorporation as the cut-off date. The motion was seconded by Councilman Stover and unanimously carried. C. UNFINISHED BUSINESS 1. Ordinance No. 52 amending Section Map 12-0-33 of the Official ' Zoning Maps of the City of Atascadero by placing certain property in the R-4-D Zone, Kleinhammer - first reading MOTION: Councilman Stover moved that Ordinance No. 52 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Ordinance No. 52 by title only. MOTION: Councilman Stover moved that this constitute the first read- ing of Ordinance No. 52. The motion was seconded by Council- man Nelson and carried with Councilman Mackey voting no. Councilman Nelson stated that he had voted no at the last Council meeting on this matter because of the two story structure being pro- posed and not because he was opposed to--the rezoning. He was now vot- ing yes because he favored the re-zoning. D. NEW BUSINESS None 3 MINUTES - ATASCADERO CITY COUNCIL - MAY 10, 1982 E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS MOTION: Councilman Mackey moved that the Council recess and convene as the Atascadero Sanitation District Board of Directors. The motion was seconded by Councilman Nelson and unanimously carried. The Board of Directors convened with Director Highland absent. MOTION: Director Stover moved that Robert Wilkins be appointed Presi- dent of the Atascadero County Sanitation District Board . of Directors and Murray Warden be appointed District Manager and Secretary. The motion was seconded by Director Mackey and carried with Director Highland absent. ' 1. Offer of the United States of America to purchase up to $1,300 ,000 of 1982 Sewer Revenue Bond to the Atascadero Coun- ty Sanitation District in order to aid in financing the ac- ' quisition and construction of wastewater treatment improve- ments for the District Mr. Warden reviewed the latest information by noting that he had been advised by FmHA that the ordinance initiating a rate increase in sewer charges would have to be passed before the loan could be closed, originally scheduled for June 2 or 3, 1982. In order to meet the FmHA dates, the Council will have to pass an urgency ordinance on May 24, 1982 increasing the rates or take a chance that the contractor will extend his bid. He does not, according to the County Engineering Of- fice, seem inclined to continue indefinite extensions. In order, how- ever , to provide as wide a notification as possible, Mr . Warden sug- gested that the proposed ordinance be published in summary form twice before the next meeting. This should give the public an opportunity to become aware of the rate increase and provide notification that the matter will be heard at the May 24th meeting. Council agreed that an urgency measure should be prepared for the May 24th meeting and that the item be published for public review. MOTION: Director Mackey moved that the District accept the FmHA offer . The motion was seconded by Director Nelson with Di- rector Highland absent. 2. Resolution No'. 19-82 - Loan resolution MOTION: Director Nelson moved for the adoption of Resolution No. 19-82. The motion was seconded by Director Mackey and carried with Director Highland absent. 3. Equal opportunity agreement MOTION: Director Nelson moved for the approval of the Equal Oppor- tunity Agreement. The motion was"seconded by Director Stover ' and carried with Director Highland absent. 4 ' MINUTES - ATASCADERO CITY COUNCIL - MAY10 , 1982 4. Non-discrimination agreement MOTION: Director Stover moved for the approval of the Non-discrim- ination Agreement. The motion was seconded by Director ' Mackey and carried with Director Highland absent. 5. Resolution No. 20-82 selling $1,300,000 principal amount of Atascadero County Sanitation District 1982 Sewer Revenue ' Bonds MOTION: Director Mackey moved for the adoption of Resolution No. ' 20-82. The motion was seconded by Director Nelson and carried with Director Highland absent. ' MOTION: Director Nelson moved that the Board adjourn and reconvene as the City Council. The motion was seconded by Director Stover and carried with Director Highland absent. Council convened as City Council with Councilman Highland absent. 6. Resolution No. 21-82 determining City compliance with the terms and conditions of the Atascadero County Sanitation Dis- trict 1982 Sewer Revenue Bonds MOTION: Councilman Stover moved that Resolution No. 21-82 be read by ' title only. The motion was seconded by Councilman Mackey and unanimously carried. Mayor Wilkins read Resolution No. 21-82 by title only. MOTION: Councilman Stover moved for the adoption of Resolution No. 21-82. The motion was seconded by Councilman Mackey and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION ' 1. City Council (a) Councilman Nelson asked whether a response had been- pro- vided to Mr. Halliday concerning his complaints. Mr. Warden stated that Mr. Halliday has one appeal scheduled before ' the Appeal' s Board and one before the Council for the next Council meeting. (b) Councilman Mackey stated that there would be a reception ' at the Museum on Friday night at 7:30 p.m. for the Tree Contest contestants. ' 2. City Attorney Mr. Grimes had nothing. 5 1 ' MINUTES - ATASCADERO CITY COUNCIL - MAY 10, 1982 3. City Manager (a) Mr. Warden reviewed the project to clean out a portion of Atascadero Lake near the dam, as proposed by Elliott Stephenson and as approved by the Parks and Recreation Advisory Board, to see if it is feasible to use dredge material to fill in the eroding banks along the Lake and to clean up the Lake bottom. This will im- prove the fishing and the soil can be used to create a green strip . around the Lake. If Council had no objections, Mr. Warden had a let- ter directed to the National Guard requesting their assistance in this project for the Mayor 's signature. Council had no objections. (b) Mr. Warden stated that the - latest estimate from the is 17,373. State Department of Finance for the City' s population (c) Mr . Warden requested a closed session to - discuss labor negotiations. He stated that there would not be any announcements at the conclusion of the meeting. The meeting adjourned at 9:12 p.m. ' Recorded by: MURRAY L. WARDEN, City Clerk iaik 6� By: Ardith Davis Deputy City Clerk i 6