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HomeMy WebLinkAboutMinutes 061482 MINUTES - ATASCADERO CITY COUNCIL ' Regular Meeting June 14, 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 of the Atascadero Bible Church ' gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins iABSENT: None PUBLIC COMMENT ' (a) Councilman Highland stated that he would be abstaining from voting in items B-2, C-2, C-3 and D-2 and he will not attend the closed session; also, he will not vote on any items withdrawn from the Consent Calendar. ' A. CONSENT CALENDAR 1. Minutes of the regular meeting of May 24 , 1982 (RECOMMEND APPROVAL) 2. Treasurer's Report, 5-1-82 to 5-31-82 (RECOMMEND APPROVAL) ' 3. Departmental Review R820513:1, 7315 El Camino Real (Adobe Plaza, Bob Lawrence dba "Star Station 101" , to change condi- tions imposed by Departmental Review R810811:1 for the game arcade (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) 4. Departmental Review R820414:1, 5005 Palma, F & M Construction ' (Harcourt) to allow construction of four multiple family res- idential units (RECOMMEND APPROVAL OF PLANNING COMMISSION , RECOMMENDATION) ' 5. Tentative Parcel Map AT 820414:1, 5005 Palma, F & M Construc- tion (Harcourt) to allow subdivision of four residential' units into air-space condominiums (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Tentative Parcel Map AT 820318:1, 6625 Santa Cruz Road, Elwood Garlick (Dan Stewart) to allow division of an existing 5.03 acre parcel into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) MINUTES - ATASCADERO CITY COUNCIL - JUNE 14 , 1982 7. Tentative Parcel Map AT 820312:1, 8950-9100 San Marcos Road, Colleene Yeager (Twin Cities Engineering) , to allow resubdi- vision of two existing lots totaling 8.5 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMEN- DATION) 8. Tentative Parcel Map AT 820408.:1, 3763 Ardilla, Norman and Helen Rich (Hilliard) , to allow resubdivision of 13.5 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 9. Tentative Parcel Map AT 820309:1, 10570 San Marcos & 9600 Laurel, Frank Atkinson (Twin Cities Engineering) to allow division of 54 acres into four parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10 . Tentative Parcel Map AT 820311:1, 11605 Cenegal, John White (Twin Cities Engineering) to allow division of 49 acres into 1 four parcels (RECOMMEND APPROVAL PLANNING COMMISSION RECOM- MENDATION) 11. Tentative Parcel Map AT 820226:1, 14000-14700 Santa Lucia, Tenneco Realty Development (Twin Cities Engineering) to allow resubdivision of four existing lots totaling 57 acres into ' six parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 12. Tentative Pracel Map AT 810908:1, Palo Verde Road, Rudy Ruda (Hilliard Surveys) to revise certain fire protection condi- tions of a previously approved tentative parcel map (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 13. Acceptance of Lot Line Adjustment LA 820121:1, 8200 Casita, Jim Carpenter/Ed Anderson (Twin Cities Engineering) (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 14. Acceptance of Tentative Tract Map 777, 5625-5655 Capistrano Avenue, Kamm-McNamara (RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMENDATION) 15. Road Name Change, Puento Road, initiation by Planning Depart- ment to change the name of Puerto Road to Cenegal Road (REC- OMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 16. Award of bid for weed abatement (RECOMMEND BID BE AWARDED TO KEITH SCRIBNER AND GARY KUHN) 17. Audit Agreement with Robert M. Moss Accountancy Corporation ' for fiscal year ending June 30 , 1982 (RECOMMEND APPROVAL) 18. Traffic Signal Maintenance Agreement with State Department of ' Transportation (RECOMMEND APPROVAL) 2 MINUTES - ATASCADERO CITY COUNCIL - JUNE 14, 1982 19. Acceptance of a portion of San Marcos Road for City mainten- ance (RECOMMEND APPROVAL OF RESOLUTION NO. 25-82) 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 Mackey and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Hearing on weed abatement protests Mr. Warden stated that only one letter had been received from a Mrs. Charles R. Mills which wasn' t really a protest. He read the let- ter to Council. Mayor Wilkins asked if there were any protests from people in the audience with regard to the weed abatement program. Mr . Pierce said that after his property had been posted, he had put two horses on the property which has eliminated the weed problem. Mike Hicks, Fire Chief, stated that if the problem was eliminated, the Fire Department will not abate the property and the property owner will not be charged. ' As there were no other protests, the hearing was closed. Coun- cilman Mackey asked about abatement if the weeds were on the roadside area. Mike Hicks said that abatement would be the responsibility of the property owner since property is owned to the middle of the street. ' MOTION: Councilman Stover moved that Council direct . the Fire Chief or his authorized representative to abate the nuisances or fire hazards. The motion was seconded by Councilman Nelson and unanimously carried. 2. Appeal of Planning Commission determination concerning of- fices as a permitted use in the R-2 Zone, Ralph Deffenbaugh ' Associates Larry Stevens reviewed the request before Council and the Planning Commission' s determination that offices were not a permitted use in the R-2 Zone. Mr. Deffenbaugh appeared before Council requesting that they allow some elasticity in the General Plan and Zoning requirements of the City. He felt that his project would preserve one of the original colony homes and that this would be an asset to the community. He had a petition signed by residents in the neighborhood supporting the use of this house for office space. Mel Schroer, pastor of the Community Church located near the house, spoke in support of the use. 3 MINUTES - ATASCADERO CITY COUNCIL - JUNE 14, 1982 Mr. Stevens stated that under present City ordinances, Council is not able to grant this use. The alternative is to direct City Staff to draft an ordinance to allow special consideration for historical structures in an R-2 Zone. Mr . Stevens noted that in his opinion, it is not appropriate to allow a commercial use in a residential area. There are other alternatives such as using the house for a day. care or other care facility, moving the structure to property properly zoned for offices, etc. MOTION: Councilman Macke moved that Council turn this appeal to the Y PP Planning Department and ask them to come back with-a recom- mendation that will allow some leeway in historial structures so that they can be used. The motion was seconded by Coun- cilman Nelson and unanimously carried by roll call vote with Councilman Highland abstaining. C. UNFINISHED BUSINESS 1. -Ordinance No. 53 correcting statutory citations in Ordinance No. 48 (City Clerk functions) - second reading MOTION: Councilman Nelson moved that Ordinance No. 53 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Ordinance No. 53 by title only. MOTION: Councilman Stover moved for the adoption of Ordinance No. 53. ' The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. 2. Halliday appeal (continued) Mr. Warden stated that this matter had been continued from the last meeting so that Mr . Halliday could have an opportunity to meet with Mr. McPherson, Public Works Director and City Engineer , regarding his problem and to provide Mr . McPherson with Mr. Halliday' s calcula- tions. Mayor Wilkins asked the Hallidays if they had provided Mr . McPher- son with the calculations as requested at the last Council meeting. ' They said that they had provided him with part of the information; they were not arguing the calculations, but the values used. They were also objecting to applying an urban services district criteria for determining the proper values. There was considerable discussion with Mayor Wilkins not in favor of allowing the Hallidays to spend the time doing the calculations when the basic data had not been provided to the Public Works Depart- ment. Mr. Grimes reminded Council that this was not an appealable matter, but a ministerial one and Council could dispose of it as they see fit. 4 MINUTES - ATASCADERO CITY COUNCIL - JUNE 14, 1982 Mr . Halliday asked if Mr. McPherson would accept his engineer' s ' calculations. Mr . McPherson stated that he would review any informa- tion submitted to him. MOTION: Councilman Mackey moved that this matter be continued. The motion was seconded by Councilman Nelson and unanimously car- ried. ' 3. Ordinance No. 55 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 (Reamer) - first reading ' MOTION: Councilman Stover moved that Ordinance No. 55 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Ordinance No. 55 by title only. MOTION: Councilman Stover moved that this constitute the first read- ing of Ordinance No. 55. The motionwasseconded by Council- man Mackey and unanimously carried by roll call vote. D. NEW BUSINESS ' 1. Ordinance No. 56, Health and Sanitation - first reading MOTION: Councilman Stover moved that Ordinance No. 56 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Ordinance No. 56 by title only. ' MOTION: Councilman Nelson moved that this constitute the first read- ing of Ordinance No. 56 . The motion was seconded by Council- man Mackey and unanimously carried. Councilman Mackey asked if there was anything in the Ordinance re- quiring mandatory garbage pickup. Mr. Warden said that there was not. ' 2. Consideration of Resolution No. 26-82 approving the transfer of the Community Antenna Television Franchise from Falcon Cable Corporation to Falcon Cable TV of Northern California Mr. Warden reviewed this request and stated that Falcon- will, be ' coming in with a request for ,a rate structure change in the near fu- ture. Council will, at that time, have an opportunity to assure that they live up to the franchise terms or to request changes to the terms. MOTION: Councilman Stover moved that Resolution No. 26-82 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Resolution No. 26-82 by title only. 5 0 MINUTES - ATASCADERO CITY COUNCIL - JUNE 14, 1982 MOTION: Councilman Nelson moved for the adoption of Resolution No. 26-82. The motion was seconded by Councilman Mackey and unanimously carried by roll call votewith Councilman Highland abstaining. ' E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS There were no items for consideration, however , Mayor Wilkins and Mr. Warden reported on the closing meeting and pre-construction con- ference attended by Federal, State, County and City officials. ' F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey stated that she had received com- plaints about the me* parking signs just north of the bowling alley. They were not a part of the Council' s recent action regarding parking on E1 Camino Real, however, had been there for some time. The Police Department had been enforcing the signs of late but will stop. (b) Councilman Mackey commented on the Sanitation District audit and stated that it is not in very good financial ' shape. (c) Councilman Mackey stated that the Beautification Commit- tee had had a meeting and wanted to declare the week of ' July 12 through 17 as Clean Up Week and have the Mayor sign a procla- mation to that effect. ' (d) Councilman Mackey stated that, contrary to rumor , she is not running for Mayor. ' (e) Councilman Highland noted the regular attendance of Mr . and Mrs. Don Smith to Council meeting, all without an ax to grind. ' 2. City Attorney Mr. Grimes had nothing to report. ' 3. City Manager ' (a) Mr. Warden stated that there have been three responses to the City' s advertisement for Parks and Recreation Advisory Board applicants. Mrs. Doser has asked for consideration for reappointment and the School District has reappointed Dan Ross as ' their representative. Council agreed that they would interview appli- cants before their regular meeting on June 28th. ' (b) Mr . Warden stated that the City is in receipt of proposals for the South Atascadero Park development plan. He requested that Council appoint two members to meet with Staff and members of the Recreation Advisory Board to screen the proposals. Mayor Wilkins ap ' *"limited" er 6-28-82 Council meeting amendment. P 6 g MINUTES - ATASCADERO CITY COUNCIL - JUNE 14, 1982 pointed Councilmen Stover and Mackey as the committee members and him- self as alternate. (c) Mr. Warden stated that an Energy Workshop will be held Tues ' day, June 15, at 7:30 p.m. in Room 306 to explain new State energy regulations affecting single family residences and to describe City procedures implementing those regulations. (d) Mayor Wilkins and Mr. Warden reported on their trip to Sacra- mento regarding budget cuts; the outlook is not good. ' (e) Mr. Warden stated that he has a resolution from the City of San Luis Obispo in which they are requesting support in op- posing the construction of a new correctional institution and the ex ' pansion of existing correctional facilities within the County of San Luis Obispo. He said that if Council agrees with this concept, he will bring back a resolution in support for Council adoption at the next meeting. Council agreed that they would like to support this matter. (f) Mr. Warden stated that he has received a resolution from the ' City of Morro Bay opposing oil driling in the Outer Continen- tal Shelf and asked Council if they would like to support this resolu- tion. Council said that they would. (g) Mr. Warden stated that he had received correspondence from the State Department of Transportation regarding parking in Atascadero. At the East Mall/Highway 41 location, they agreed with the Council' s parking prohibition from the easterly curb return to `a point 30 feet east; however, would like to extend this prohibition 76 feet further east to the curb offset at the bridge to improve the site ' distance. At the West Mall location, they would like to extend the existing 30 feet of parking prohibition for an additional 40 feet fur- ther east to make left turns southbound onto El Camino Real easier and ' safer. Council agreed with these modifications. (h) Mr . Warden reminded the Council about the Mayors and Council- members Executive Forum in Monterey on July 7-9, 1982. ' (i) Mr. Warden stated that all permits needed for the fireworks display have not been received; Councilman Nelson is working ' on getting the applications in. (j) Mr. Warden stated that he would like to cancel the closed ' session listed on the agenda as the item he expected to dis- cuss with Council has not materialized. The meeting adjourned at 8: 58 p.m. Recorded by: ' MURRAY L. WARDEN, City Clerk ' By: Ardith Davis Deputy City Clerk 7