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HomeMy WebLinkAboutMinutes 092782 j ' MINUTES - ATASCADERO CITY COUNCIL Regular Meeting September 27 , 1982 ' Atascadero Administration Building The meeting was called to order at 7 : 30 p.m. with the Pledge of Allegiance. John Cole of the Atascadero-Bible Church gave the invocation. ' ROLL CALL PRESENT: Councilmen_Mackey, Molina, Stover, Wilkins and Mayor Nelson ABSENT: None ' PUBLIC C014MENT None COUNCIL COMMENTS (1) Councilman Mackey announced that the Bi-lateral Nuclear ' Freeze committee is raising money by having a 6-mile walk-a-thon on October 9 in San Luis Obispo. (2) Mayor Nelson presented Edna Purser with an achievement ' award for her work involved with the Charles Paddock Zoo. (3) Mayor Nelson stated that this month the City Council made ' two proclamations. One was the International Day of Peace on September 21, 1982, and the other was Civil Rights day in September. The Council received a congratulatory letter regarding International ' Day of Peace from the Assistant Secretary General of the United Nations. A. CONSENT CALENDAR ' 1. Minutes of the adjourned regular meeting of September 13 1982 (RECOMMEND APPROVAL) 2. Minutes of the- regular meeting of September 13, 1982 (RECOMMEND APPROVAL) ' 3. Tentative Parcel Map AT 820629:1, - 8535 Santa Rosa Road, Charles Carnes, to divide a 2. 0 acre lot into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 4. Tentative Parcel Map AT 820629 : 4, 5195/5275 Aguila Avenue, Jack Stinchfield (Stewart) to allow the division of two lots ' totaling 4. 74 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27, 1982 5. Tentative Parcel Map AT 820629 : 2, 5420 Venado Avenue, Jack Stinchfield (Stewart) to allow the division of a 3. 0 acre parcel into two lots (RECOMMEND APPROVAL OF ' PLANNING COMMISSION RECOMMENDATION) 6. Tentative Tract Map AT 820325:1, Ardilla and Balboa Roads, Charles Dovica (Western Engineering) to divide 27.5 acres 1 into 11 parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Tentative Tract Map AT 820715 :1, 9900 El Camino Real, Eric Michielsson and David and Gerald Marazzo, to allow the creation of 32 unit air-space condominiums (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENATION) 8. Conditional Use Permit U820715: 1 9900 El Camino Real Eric. Michielsson and David & .Gerald Marazzo, to allow con- struction of 32 multiple family residential units and to allow a six foot wall in the required front setback (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 9. Tentative Parcel Map AT 820629: 3, 5425 Aguila, James and Shirley Porter (Stewart) to allow the division of a 4 .2 acre lot into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10. Tentative Parcel Map, AT 820629 : 5, 5505 Aguila, Jack Stinch- ' field (Stewart) to allow the division of a 3. 05 acre lot into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Departmental Review R820713 :1, 2800 E1 Camino Real, Thomas and Sons (Donald L. Thomas) to allow an R.V. storage yard and repair service in the C-2-D(539) zone (RECOMMEND ' APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 12. Tentative Parcel Map AT 820630:1, 11765 Santa Lucia, Dick Davis (Twin Cities Engineering) to divide 13. 6 acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 13. Agreement between the City of Atascadero_ and the County of San Luis Obispo for performance. of City Health Functions (RECOMMEND APPROVAL) 14 . Claim of Harold D. Wamsley for personal injuries in the amount of $1, 500, 000 (RECOMMEND DENIAL) -2- MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27y 1982 ' Mayor Nelson reviewed all items on the Consent Calendar. Concerning Item A-3, Councilman Wilkins asked Larry Stevens if any consideration had been given to requiring an alternate road in that area. Mr.' Stevens noted that the Commission concluded that it was not equitable to construct such a road. Councilman Molina asked that Item A-14- be pulled for discussion. MOTION: Councilman Wilkins moved that the Consent Calendar be approved, with the exception of Item A-14 . The motion was seconded by Councilman Mackey and unanimously carried. A-14 Claim of Harold D. Wams-ley for personal injuries in the amount of $1, 500, 000 1 Councilman Molina asked who the Claims Administrator is for the City and was advised by the City Manager that it was Carl Warren, Inc. He gave a brief description of the process for handl- ing these types of claims. Councilman Molina asked if the City Attorney had lookedintothe matter. Mr. Grimes advised that he was aware of this claim and that it had been referred to the JPA and Carl Warren for processing and that this matter should be covered by Workman' s Compensation. MOTION: Councilman Mackey moved that the claim be denied. The motion was seconded by Councilman Molina and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on Prezoning 2810119: 1, Environmental Impact Report, adjacent to. Highway 101 at Salinas River near. Santa Cruz Road at northerly City limits, DonaldRochelle, to prezone from agriculture to zoning district (s) which would allow mixed use for residential, commercial and industrial development in conjunction with the proposed annexation of approximately 109 acres. Mr. Stevens, Planning Director, reviewed this matter and stated that on February 1, 1982, March 15, 1982, and April 19, 1982, the Planning Commission conducted public hearings on the Draft EIR and on the prezoning request and had unanimously decided to deny the request. Mr. Stevens stated that an item of concern to the City was the agreement with its County for transfer of the tax increment for the annexed area. Mr. Warden stated that the County' s position has ' been that it would only agree to transfer of a portion of the tax increment, approximately 122% . The City's concern was that this 3 MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27, 1982 ' did not seem equitable in view of the ultimate tax revenue to be generated and the costs to the City brought about by this annexa- tion. Comments in favor were heard from Nick Bevilacqua, represent- ing the applicant, who spoke in support of the project and need for industrial development. Angus McDonald, Economic Consultant; Gary Larson, member of the Chamber of Commerce, also supported the project on- the-grounds that there would be an increase in employment and an increase in the local tax base; Doug Sawyer, Contractor, and Charles Joselin both felt the project would provide employment opportunities; Dennis Bethel stated that the sewer treatment plant would be maintained by the owners of property within the project at a cost of approximately $23,000 per year; and Don ' Rochelle noted that he has the sufficient funds to complete the project. Speaking in opposition were Sherrel Beadle, representing the committee for the Rural Preservation of Atascadero; Robert Brown; and George Highland, all noting a concern for the impacts of increased traffic and poor visability where the proposed road intersects with the San Ramon ramp. Comments were also heard from Bruno Adamoli who: was concerned about the sewer treatment plant; John Cole; Leslie Cannon; Randi S.onger expressing her concern with ' the schools and busing; Roger Zachery; Myron Nalepa who was con- cerned with noise, schools and busing; Max_Moalpine; and Dan Parker. Other comments were heard from Nasio Filley; and Keith Franklin, member of the Associated,. Transportation Engineers. Council discussed this matter and felt that a decision could be madewithoutsending it back to thePlanningCommission. MOTION: Councilman Molina moved that Council accept the prezoning. ' The motion was seconded by Councilman Wilkins with conditions of Section 65450 of the Government Code, stipulating that the tax situation be worked out with the county and that ' Rochelle will pursue the project in accordance with the concept as advanced within a specific period of time and that the prezoning approval could be withdrawn if the ' property is sold. The motion was passed on the following roil call vote: AYES: Councilmen Molina, Stover, Wilkins and Mayor Nelson NOES: Councilman Mackey ' -4- MINUTES - ATASCADERO' CITY COUNCIL - SEPTEMBER 27, 1982 ' RECESS 10 : 10 p.m. RECONVENED 10:15 p.m. 2. Report by City Manager on Animal Control options. This matter was continued to the next council meeting. 3. Departmental quarterly report - Police Department. This matter was continued to the next council meeting. ' C. UNFINISHED BUSINESS 1. Consideration of Wil-Mar Disposal Company increase in ' garbage service rates, Resolution No. 46-82 authorizing execution of Agreement with Wil-Mar. Mr. Warden explained Resolution No. 46-82, stating that it basically follows the county franchise but transfers references of the county to the city. ' Bill Wright asked the council to accept the fee schedule without involving franchise fee at this time. ' MOTION: Councilman Wilkins moved to approve the rate increase with a 5% franchise tax and to adopt Resolution No. 46-82 . The motion was seconded by Councilman Mackey and passed on the following roll call vote; AYES: Councilmen Mackey, Stover and Wilkins ' NOES: Councilman Molina and Mayor Nelson Emil La Salle opposed and commented on the motion; Buddy Thorpe opposed council' s decision; and Ed Halliday asked about the $25, 000 ' bond MOTION: Councilman Wilkins moved to indicate in this contract that ' the money from the franchise fee would go into the City' s General Fund. The motion was seconded by Councilman Mackey and passed on the following roll call vote: ' AYES: Councilmen Mackey, Stover and Wilkins NOES: Councilman Molina and Mayor Nelson -5- MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27 , 1982 2. Consideration of Falcon Cable TV increase in service rates, Resolution No. 47-82 fixing rates and adopting a line extension policy. Mr. Warden commented on Resolution No.. 47-82 and stated there should be a time limit within which the cable company should either complete the extensions for Las Encinas, Chandler Ranch, and 3F ' Meadows or notify the city of the reasons why the extensions could not be accomplished. Tom Hatchell felt that page 3, paragraph C of Resolution would alleviate. Mr. Warden' s concerns. ' MOTION: Councilman Molina movedtoadopt Resolution 47-82 with language to say that construction would start within 100 days after signing of agreements for the line extensions. The motion was seconded by Councilman Wilkins and passed ' unanimously. 3. Consideration of alternatives for funding and performing street maintenance. Dan Parker inquired about 3F Meadows. and the _necessity for a 2/3 vote for an assessment district for street maintenance. Mr. Warden explained the requirements for an assessment district as opposed to a maintenance district. The matter was continued to the 'next council meeting. 4. Review of Councilman: Mackey's suggestions for committee ' organization. Councilman Mackey requested this matter be postponed to the October 9, 1982, study session. Mayor Nelson asked that the City ' Clerk sub-committee meet before the study session. 5. Memorandum of Understanding between the City and the ' Atascadero Firefighters Bargaining Unit. MOTION: Councilman Wilkins moved to approve the Memorandum of ' Understanding with the Atascadero Firefighters Bargaining Unit. The motion was seconded by Councilman Mackey and unanimously carried. ' 6. Memorandum of Understanding between the City and the Atascadero Fire Captains Bargaining Unit. This matter was continued to the next council meeting. MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27, 1982 7. Memorandum of Understanding between the City and the SEIU, General Services Bargaining Unit. ' MOTION: Councilman Wilkins moved to adopt the Memorandum of Under- standing with the SEIU General Services Bargaining Unit. The motion was seconded by Councilman Mackey and unanimously carried. ' 8. Budget adjustments implementing negotiated employee salary and benefits agreements. MOTION: Councilman Wilkins moved to approve the budget adjustments. The motion was seconded by Council Stover and passed unanimously by roll call vote ' 9. Ordinance No. 57 amending- Ordinance No. 19 which established Council procedures. MOTION: Councilman Wilkins moved that Ordinance No. 57 be read by title only. The motion was, seconded by Councilman Molina ' and unanimously carried. Mayor Nelson read Ordinance No. 57 by title only. MOTION: Councilman Mackey moved to approve Ordinance No. 57 . The motion was seconded by Councilman Stover and unanimously carried by roll call vote. ' D. NEW BUSINESS ' 1. Consideration of application. of Kelly Gearhart for a solid waste collection permit. This matter was continued to the next council meeting. ' 2. Consideration of Staff Traffic Committee recommendations. ' Mr. Warden noted that the Staff Traffic Committee recommended adding a stop sign at Curbaril where it intersects at Marchant and Cristobal; and toadd a no-stopping zone in order topreservesight ' distance at El Camino and Solano. MOTION: Councilman Wilkins moved to adopt the two traffic committee recommendations. The motion was seconded by Councilman ' Mackey and passed unanimously. 0 r ' MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27, 1982 ' 3. Request for Police Officers to patrol or be present at school functions. ' Mayor Nelson noted that Dr. Avina had informed him that arrange- ments had been made with the Sheriff to continue their attendance at school functions. Therefore, there was no immediate urgency to this matter. However, by counsil consensus, Councilmen Molina and Stover were elected, along with the City Manager, to meet with Dr. Avina ' and his staff to explore alternatives and to try to reach a solution. E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS MOTION: Councilman Wilkins moved that the Council recess and convene as the Atascadero County Sanitation District Board of Directors. Councilman Mackey seconded the motion and it ' was unanimously carried. 1. Claim of Harold D. Wamsley for personal injuries in the ' amount of $1,500, 000. MOTION: Director Molina moved to deny the claim against Mr. Wamsley. The motion was seconded by Director Mackey and it was ' unanimously carried. MOTION: Director Wilkins moved that the Board. of Directors adjourn ' and reconvene as the City Council. The motion was seconded by Director Mackey and unanimously carried. ' F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council ' (a) _ Councilman Wilkins requested that an expression of the Council' s condolances be sent to Barney Schwartz ' family. ' 2. City Attorney Nothing 3. City Clerk ' Nothing ' -8- MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 27 , 1982 ' 4 . City Treasurer Nothing ' 5. City Manager Mr. Warden requested- a closed session to discuss employee ' negotiations with no announcements at the conclusion of the meeting. He also reminded Council of the Study Session being held on October 9, -1982, at 9 :00 a.m.- in Room 304. ' The meeting adjourned at 11: 33 p.m. to closed session and returned to regular session at 12 : 30 a.m. , at which time they ' adjourned to Room 304 of the Administration Building on October 9, 1982, at 9 : 00 a.m. for a Council Study Session. Recorded by: BARBARA NORRIS, City Clerk ' d, cL� By: Patsy A. Hester Deput City Clerk -9-