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HomeMy WebLinkAboutMinutes 062882 MINUTES ATASCADERO CITY COUNCIL ! Regular Meeting June 28, 1982 7: 30 p.m. Atascadero City Council The meeting was called to order at 7:30 p.m. by Mayor Wilkins ' with the Pledge of Allegiance. Reverend Russ Cahhal of the Church of Christ gave the invocation. ROLL CALL ' PRESENT: 'Councilmen Mackey, Nelson, Stover and Mayor Wilkins ' ABSENT: Councilman Highland CERTIFICATION OF ELECTION RESULTS BY PRESENT COUNCIL ' 1. Resolution No. 27-82 reciting the fact of the General Munici- pal Election held in Atascadero on June 8, 1982, declaring the result thereof and such other matters as provided by law Mr. Warden stated that the resolution had some blanks which needed to be filled .in. In Section 1, "11" should be inserted in the first blank and 1135" in the second blank. In Section 3, "4849" should be inserted in the first blank, "341" in the second blank, and "5190" in the third blank. He stated that Council was in receipt of the certi- fied canvass from the County which is a part of the resolution. A ' copy of the canvass is also made a part of these minutes for the rec- ord. MOTION: Councilman Stover moved that Resolution No. 27-82 be read by title only. The motion was seconded by Councilman Mackey and unanimously carried. Mayor Wilkins read Resolution No. 27-82 by title only. MOTION: Councilman Nelson moved for the adoption of Resolution No. 27-82. The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. ' 2. Presentation of Certificates of Election to City Council, City Clerk and City Treasurer ' Mr. Warden presented Certificates of Election to City Councilmem- bers Marge Mackey, George Molina, Rolfe Nelson, Bill Stover and Bob Wilkins; City Clerk Barbara Norris; and City Treasurer Steve Rizzuto. 3. Oath of Office administered to new City Council, City Clerk and City Treasurer ' Mr. Warden administered the Oath of Office to the newly elected officials. ■ 1 MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 ELECTION OF OFFICERS FOR NEW COUNCIL ' 4. Election of Mayor City Clerk Barbara Norris opened nominations for Mayor . Council- man Mackey nominated Councilman Nelson for Mayor for a termofone year. Councilman Molina seconded the nomination. As there were no ' further nominations for Mayor, the nominations were closed. Council- man Nelson was elected Mayor on the following roll call vote: AYES: Councilmen Mackey, Molina and Nelson ' NOES: Councilmen Stover and Wilkins ' 5. Election of Mayor Pro Tem Mayor Nelson opened nominations for Mayor Pro Tem. Councilman Molina nominated Councilman Mackey as Mayor Pro Tem. The nomination ' was seconded by Councilman Stover. As there were no further nomina- tions, the nominations were closed and Councilman Mackey was elected Mayor Pro Tem unanimously by roll call vote. REGULAR BUSINESS ' Public Comment (1) Howard Marohn stated that he was pleased that the Council ' listened to the voters and provided new leadership for the community. A. CONSENT CALENDAR 1. Minutes of the regular meeting of June 28, 1982 (RECOMMEND APPROVAL) ' 2. Resolution No. 28-82 opposing the State of California's "Re- verse Bailout" budget proposals (RECOMMEND ADOPTION) ' 3. Resolution No. 29-82 opposing construction or establishment of any new correctional institutions and the expansion of existing correctional facilities within the County of San ' Luis Obispo at Camp Roberts (RECOMMEND ADOPTION) 4. Agreement with the State of California, Caltrans, for main- tenance of State highways in the City of Atascadero (RECOM- MEND APPROVAL) 5. Tentative Parcel Map AT 820108:1, 9365 El Bordo, Don Jensen ' (Stewart) to allow resubdivision of six parcels into four lots (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) , 2 MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 - 6. Tentative Parcel Map AT 820401:1, 10320 Atascadero Avenue, ' Barry and Sandra Clarke (Morgan) to allow the division of 5.30 acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 7. Tentative Parcel Map AT 810305:1, Palo Verde Road, William Fortington, to extend the time allowed to complete require- ' ments for the approved tentative map (RECOMMEND APPROVAL OF PLANNNING COMMISSION RECOMMENDATION) 8. Appeal of conditions of Departmental Review R820407:1, 8842 ' Palomar, Jerry Noble, to establish a lumber storage/retail sales yard (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) ' Mayor Nelson reviewed the items on the Consent Calendar . Council- man Mackey offered a correction to the minutes. She stated on page 6, item F-1 (a) , she had said that the parking signs were "limited park- ing" as opposed to "no parking" . MOTION: Councilman Wilkins moved for the approval of the Consent ' Calendar with the correction to the minutes. The motion was seconded by Councilman Mackey and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on General Plan Amendment GP 820331:3, Morro Road between Pismo and Santa Rosa, Norman P. Klowgard with expanded area initiated by Planning Commission, _ to change General Plan land use designation from High Density Single Family Residential to Recreation ' Larry Stevens reviewed this General Plan Amendment for Council and stated that the Planning Commission approved the request. Mayor Net- ' son opened the matter for public hearing; as there were no comments, the hearing was closed. MOTION: Councilman Mackey moved for the approval of the Planning Com- mission recommendation. The motion was seconded by Council- man Stover and unanimously carried. ' 2. Public hearing on General Plan Amendments GP 820204:1 and GP 820325:1 (E1 Camino Real-Montecito Study Area) ; area bounded by E1 Bordo Avenue, E1 Camino Real, Montecito Avenue ' and Las Lomas Avenue, including lots on the northeasterly side of Las Lomas; Maxwell, Eddy, Hixson, Pflum, Lilley & O'Farrell, Williams House of Carpets, Forsman and Ward; ex- panded area initiated by. Planning Commission; to consider ' certain General Plan map amendments for Retail Commercial and Low Density Multiple Family Residential in the Study Area Larry Stevens reviewed this matter stating that the Planning Com- mission had approved GP820204:1, the E1 Camino Real portion of the study, applicants Maxwell, Eddy, and Hixson; and denied GP820325:1, 3 MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 the Las Lomas portion of the study, applicants Pflum, Lilley '& O'Farrell, Williams House of Carpets, Forsman and Ward. Mayor Nelson opened the matter for public hearing. Comments were ' heard from Don Eddy, Mona Koski, Robert Forsman, and Bob Lilley in support of their applications. As there were no further comments, the hearing was closed to the public. ' Councilman Stover stated that he would abstain from discussion and voting in this matter as he is a property owner in the area. Council- members discussed this matter with Councilman Wilkins suggesting that ® Council approve GP820204:1, the El Camino Real portion of the study; ■ and refer the GP820325:1, the Las Lomas portion of the study, back to the Planning Commission for consideration during their next General Plan amendment cycle. MOTION: Councilman Wilkins moved for approval of GP820204:1 and refer ' 9P820325:1 back to the Planning Commission for consideration in their next General Plan cycle. The motion was seconded by Councilman Mackey and carried with Councilman Stover abstain- ing. 3. Public hearing on General Plan Amendment GP 820419:1, initi- ated by the Planning Commission, to consider text amendments to the Land Use Element which would eliminate specific standards for the keeping of animals and replace them with general policy statements Mr. Stevens reviewed this matter stating that the Planning Commis- sion had approved the text amendment to the Land Use Element which specified that standards will be established in the zoning ordinance. ' Mayor Nelson opened the hearing for public comment; as there were no comments, the hearing was closed. MOTION: Councilman Wilkins moved for the adoption of the Planning Commission recommendation. The motion was seconded by Coun- cilman Stover and unanimously carried. ' 4. Appeal of private sewage disposal system requirements, 7900 San Clemente, Edward Halliday, to determine that an existing ' - watercourse is not a stream necessitating a 50 foot distance separation between it and a proposed private sewage disposal system Larry Stevens reviewed this matter for Council. He stated that the information presented should be limited to that given to the Ap- peals Board. If any new information is presented, the matter should ' be returned to the Appeals Board for a recommendation on the new in- formation. If the Council decides to overturn the determination of the Appeals Board, they should make findings of fact. The main dis- agreement is whether or not the watercourse on Mr. Halliday' s property is a stream. Staff had determined that it qualified as a stream in order to assure reasonable operating conditions for the private sewage disposal system. The Board of Appeals supported Staff' s recommenda- 4 i MINUTES - ATASCADERO CITY COUNCIL' - JUNE 28, 1982 tion. Councilmembers asked several questions of Terry Orton from Twin Cities Engineering. Dave and Ed Halliday made presentations supporting, their conten- tion that the watercourse is not a stream. Mr. Dave Halliday objected. to the requirement that no new information be presented and stated that 90% of Mr . Stevens' presentation was new information and they should be granted the same consideration. Mr. Dave Halliday also i stated that no parameters were cited by the City as to what consti- tutes a stream; he gave several definitions from various State agen- cies. There was considerable discussion on this matter with Allen Grimes reminding Council that it is the appellant' s responsibility to prove that there was not enough evidence to support the Appeals Board' s finding; they were to show where the Appeals Board made an error in their determination. 1 MOTION: Councilman Wilkins moved that the appeal be denied. The motion was seconded by Councilman Stover and carried on the following roll call vote: AYES: Councilmen Mackey, Stover and Wilkins ' NOES: Councilman Molina and Mayor Nelson RECESS 9: 30 p.m. RECONVENED 9: 35 p.m. 5. City Attorney Report No. 20 Mr. Grimes reveiwed his report for Council. 1 C. UNFINISHED BUSINESS ' 1. Halliday appeal of drainage requirements, 7900 San Clemente, to allow use of a formula other than the rational method to calculate drainage for a proposed driveway culvert at each end of the culvert - continued iLarry McPherson reviewed the background of this matter and stated that disagreement centered around the selection of a proper runoff i coefficient used in the design flow calculation. He had used a 0.04 while Central Coast Engineering, Mr . Halliday' s engineer, uses 0.20. It is Mr. McPherson' s opinion that his determination was properly made iand is not subject to appeal to the City Council. Mayor Nelson agreed with Mr. McPherson that the matter should not be appealed before Council. He suggested that Council form a commit- tee consisting of one Councilmember , Mr. McPherson, Mr. Halliday and his engineering representative to find a solution to this matter . Some of the Councilmembers agreed with this proposal; however , Mr. i Halliday objected stating that the matter has gone on now for seven months. 5 MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 MOTION: Councilman Wilkins moved that the appeal be denied. Councilman Mackey stated that she would second the motion if Coun- cilman Wilkins would accept an amendment that the matter be referred ' to committee. Councilman Wilkins would not accept the amendment. Councilman Stover seconded the motion and it failed on the following roll call vote: AYES: Councilmen Stover and Wilkins NOES: Councilmen Mackey, Molina and Mayor Nelson There was further discussion regarding the merits of a committee to study the subject with Larry McPherson stating that he has given this matter an extraordinary amount of time and effort and has had several discussions with Mr. Maddalena, Mr. Halliday' s engineer , as well as consulting with several other engineers. He does not see that a committee meeting will change or solve anything. Mr . Maddalena reviewed this matter stating that the disagreement was a matter of economics; the additional requirement by the City would cost Mr. Halliday between $200 and $300. Councilman Mackey asked if the disagreement over the last seven months had been over only $200 or $300. Mr. Halliday stated that there was also the matter of esthetics. MOTION: Councilman Wilkins moved that Council deny the appeal. The motion was seconded by Councilman Stover and unanimously car- ried. 2. Resolution No. 30=82 approving an interim budget for the 1982-83 Fiscal Year and appropriating funds therefor ' Mr. Warden stated that with Legislative adoption of the State budget, it looks like the City may receive more than originally anti- cipated and, hopefully, Council will be able to adopt "A" budget. The proposed resolution is merely to "keep the store open"; only necessary purchases will be made, payroll will continue, capital outlay limited to lease-purchase arrangements, and no hiring or increase in salaries will be allowed until a Final Budget is adopted. Mr. Warden noted that the resolution also approves retroactivity for any salary in- creases and/or benefits as a result of negotiation agreements with em- ployee groups. MOTION: Councilman Mackey moved that Resolution No. 30-82 be read by title only. The motion was seconded by Councilman Wilkins and unanimously carried. Councilman Nelson read Resolution No. 30-82 by title only. MOTION: Councilman Stover moved for the adoption of Resolution No. 30-82. The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. 6 0 • MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 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 - second reading ' MOTION: Councilman Wilkins moved that Ordinance No. 55 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 55 by title only. MOTION: Councilman Wilkins moved for the adoption of Ordinance No. 55. The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. 4. Ordinance No. 56 adding Chapter 1 through 9 to Title 6 of the Atascadero Municipal Code relating to Health and Sanitation Mr. Warden explained that Council was in receipt of some correc- tion pages offered by the County Counsel' s Office. Because of these changes, it would be in order for Council to approve reading of the Ordinance as amended and set final reading and adoption over to their ' next meeting. MOTION: Councilman Wilkins moved that Ordinance No. 56 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 56 by title only. MOTION: Councilman Wilkins moved that the amendments be approved. The motion was seconded by Councilman Mackey and unanimously carried. D. NEW BUSINESS 1. Request of City of San Luis Obispo to change occupancy tax Mr. Warden stated that the City of San Luis Obispo is requesting that the cities in the County join with San Luis Obispo in placing the matter of increasing transient occupancy taxes on the November ballot. Voters would be asked to consider an increase in taxes from 6% to any- where from 7% to 9% as a means of generating additional revenues. Councilmembers discussed this matter and were generally not in favor of increasing taxes; however, Mayor Nelson felt that if it was put on the ballot, then the people of the community could decide whether or not these taxes should be increased. Mr. Warden pointed out that State and Federal Government is taking the view that cities have sources of revenue to fund City government, and it may be that Council ' will have to consider placing matters on the ballot in ;the near future to secure funds to operate the City. ' MOTION: Councilman Mackey moved that the Council deny support to the cities seeking voter approval of an increase in bed taxes. The motion was seconded by Councilman Stover and unanimously carried. 7 ' MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 2. Review of San Luis Obispo Area Council of Governments agenda Mr. McPherson reviewed the agenda with Councilmembers stating that the only objection from City Staff standpoint is in item 17. He felt ' thht the AB 120 action plan should not be a part of the Regional Transportation Plan because it could allow private claimants to re- quest funds through the Regional Transportation Planning Agency. ' Council agreed with Staff' s viewpoint and the delegate was instructed to convey this to the Area Council. E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS Mr. Warden advised Council that they will probably be asked to appoint the new Mayor as President of the Atascadero County Sanitation District. Also, Mr. Grimes should formally be appointed Attorney for the District. Councilman Mackey stated that she has received several complaints regarding the rates. Mr. Warden stated that Staff was pre- paring a report regarding the rates for Council information and re- sponse to citizens complaints. F. INDIVIDUAL DETERMINATION AID/OR ACTION (1) Councilman Stover complimented Larry Stevens on the informa- tive meeting held recently regarding new energy standards. ' It was very well attended. (2) Councilman Stover noted that two Councilmembers do not have their telephone numbers listed in the telephone book so that the citizens can contact them. Those Councilmembers not already list- ed said that they would take the matter under advisement. (3) Councilman Mackey stated that she would like to hear citizen response on the Council getting monthly salary. She has quite a large telephone bill each month from calling long distance on City business. Also, she using a lot of gas traveling to various areas in the City where Council consideration is required. (4) Councilman Nelson asked if anything was being done for Coun- cilman Highland. Councilman Wilkins stated that a Certifi- cate of Appreciation had been prepared for Councilman Highland; how- ever he preferred not to have a public presentation. (5) Mayor Nelson asked Council to be thinking about holding an open house in July or August at the City Offices so that the public can come a see what the City has and get to know Staff and Councilmembers. He did not think it would cost the City any money, because it could be done with volunteers. (6) Mayor Nelson suggested that thenewCouncil, City Clerk, City Treasurer and City Manager hold an organizational meeting to discuss how they are going to function in the next two years. 8 MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982 2. City Attorney Mr. Grimes had nothing ' 3. City Manager (a) Mr . Warden asked Council when they would like to have ' their next budget session. Council set Tuesday, June 29, 1982, at 7:00 p.m. (b) Mr. Warden asked the Mayor to be thinking about appoint- ments to the Water Advisory Board, San Luis Area Council and Recreation Advisory Board. (c) Mr. Warden asked Council to make a motion to extend the terms of the current Recreation Advisory Board members whose terms expire on June 30th to continue until their successors are appointed. The reason for this is that Council will not be interviewing or selecting new Board members until after the Board' s next meeting. MOTION: Councilman Mackey moved that the terms of the Recreation Ad- visory Board be extended until their successors are ap- pointed. The motion was seconded by Councilman Molina and Iunanimously carried. (d) Mr. Warden reminded Council to place their reservations for the League' s Annual Convention in. October . ' (e) Mr. Warden requested a closed session for the purpose of discussing labor negotiations. He did not anticipate ' any announcements at the conclusion of the meeting. Council adjourned to closed session at 11:10 p.m. noting that at the conclusion of the meeting they would adjourn to the following evening at 7:00 p.m. for a budget study session. The meeting returned to regular session at 12: 35 a.m. at which time the meeting adjourned. ' Recorded by: BARBARA NORRIS, City Clerk By: Ardith Davis Deputy City Clerk 9 MINUTES - ATASCADERO CITY COUNCIL ' Adjourned Regular Meeting June 29, 1982 7: 00 p.m. Atascadero Administration Building The meeting was called to order at 7:00 p.m. by Mayor Nelson. It ' was noted that the meeting was called for the purpose of continuing the review of the 1982-83 budget. PRESENT: Councilmen Mackey, Molina, Stover, Wilkins, and Mayor Nelson ABSENT: None Council continued review of the budget with questions being an- swered by Mr. Warden. Council tentatively decided not to fund India, 1 Inc. , San Luis Obispo Youth Symphony, San Luis Obispo Symphony, Hos- pice, Resource Center and the Children' s Theatre. They also tenta- tively decided that they would fund the EMT-2 Training program in the amount of $3,426; Family Services in the amount of $300; Hotline in the amount of $300; the Chamber of Commerce in the amount of $16,000; and the Senior Citizens in the amount of $2,400. Funding of People' s Self Help Housing was tabled until Councilmembers had an opportunity to look into the program. There was discussion regarding adoption of a final budget with Councilman Molina stating that he needed more time to study the per ' sonnel additions. The meeting adjourned at 9:19 p.m. ' Recorded by: RRA L. WARDEN, City Manager 1 t