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HomeMy WebLinkAboutMinutes 032883 r MINUTES - ATASCADERO CITY COUNCIL Regular Meeting March 28 , 1983 7 : 30 p.m. Atascadero Administration Building The meeting was called to order at 7 : 30 p.m. with the Pledge of Allegiance. Councilman Mackey gave the invocation. ROLL CALL Present: Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson Absent: None STAFF Present: Murray Warden, City Manager; Allen Grimes, City Attorney; Barbara Norris, City Clerk; Steven Rizzuto, City Treasurer; Patsy Hester, Deputy City Clerk; Ralph Dowell, Finance Director; Mike Hicks, Fire Chief; Larry Stevens, Planning Director; and Richard McHale, Police Chief. PUBLIC COMMENTS 1. Sidney Sandlin requested that a business license for Bob Lawrence be denied and handed out copies of a petition objecting to the issuance of a business license and operation of a video arcade at its present location or relocation. Bob Lawrence, owner of Star Station 101,_ stated he would like to move his existing business to a larger location. ' MOTION: Councilman Mackey moved that the business license be held until the next Council meeting in order to study the matter. The motion was seconded by Councilman Wilkins. After further discussion, the motion was withdrawn. Mr. Grimes commented that it would be better legally to grant the license unless there was a valid reason to hold it up, and then go through an appeal process. COUNCIL COMMENTS r 1. Councilman Mackey inquired about the mobilehome rent stabili- zation ordinance. Mr. Warden stated that negotiations are still being conducted and he will give an up-date at the next Council meeting. CONSENT CALENDAR 1. Minutes of the regular meeting of March 14 , 1983 (RECOMMEND APPROVAL) r t A-- r MINUTES - ATASCADERO CITY COUNCIL - MARCH 28 , 1983 r 2 . Recognition of the Atascadero Sergeants Service Organization (RECOMMEND ACCEPTANCE OF PETITION AND BY-LAWS) 3. Proposals for appraisals of Atascadero Lake property (RECOMMEND CONTRACT FOR APPRAISALS BE AWARDED TO DENNIS E. GREEN AND CO. , IN THE AMOUNT OF $2 ,800 AND APPROVAL FOR TRANSFER FROM CONTINGENCY RESERVE) 4. Resolution No. 13-83 applying for land and water conservation grant for park development funds (RECOMMEND ADOPTION) 5. Resolution No. 14-83 denying General Plan Amendment GP 820325:1 concerning a requested change in land use designation from Low Density Multiple Family Residential within the El ' Camino Real - Montecito Residential Study Area (PREVIOUSLY ACTED UPON BY COUNCIL - `RECOMMEND ADOPTION) 6 . Resolution No. 15-83 denying General Plan Amendment GP 820930 :1 concerning a requested change in land use designation from Suburban Single Family Residential to Moderate Density Single Family Residential within the Colima El Camino Real Residential Study Area (PREVIOUSLY ACTED UPON BY COUNCIL - RECOMMEND ADOPTION) 7. Resolution No. 16-83 denying General Plan Amendment GP 820930:2 concerning a requested change in designation from Moderate Density Single Family Residential within the Coromar Residential Study Area (PREVIOUSLY ACTED UPON BY COUNCIL RECOMMEND ADOPTION) 8 . Resolution No. 17--83 approving General _Plan,Amendment GP 821206 :1 amending the text of the Open Space Element concern- ing specific standards for creek setbacks (PREVIOUSLY ACTED UPON BY COUNCIL - RECOMMEND ADOPTION) 9. Business license for Big John Strong Circus, San Anselmo and El Camino Real (RECOMMEND APPROVAL WITH CONDITIONS) 10. Business license for circus, Atascadero Improvement Corpora.- tion/Carson & Barnes Circus, San Anselmo and El Camino Real (RECOMMEND APPROVAL WITH CONDITIONS) 11. Council policy limiting Council meeting time (RECOMMEND APPROVAL OF LIMITING COUNCIL MEETINGS TO NO LATER THAN 11:00 P.M. UNLESS EXTENDED BY MAJORITY VOTE OF COUNCIL) Mayor Nelson reviewed all items on the Consent Calendar. Mr. Warden noted a correction on the Minutes of the Larson motion. Councilman Mackey requested Item A-8 and Councilman Molina requested Items A-3 and A-11 be removed for discussion. -2 MINUTES - ATASCADERO CITY COUNCIL - MARCH 28, 1983 MOTION: Councilman Wilkins moved to approve the Consent Calendarwith the exception of Items A-3, 'A-8 , and A-11. The motion was ' seconded by Councilman Mackey and unanimously carried. A-3 Proposals for appraisals of Atascadero Lake property (RECOMMEND CONTRACT FOR APPRAISALS BE AWARDED TO DENNIS E. GREEN AND CO. , IN THE AMOUNT OF $2,800 AND APPROVAL FOR TRANSFER FROM CONTIN- GENCY RESERVE) Councilman Molina asked why the firm with the lowest bid did not get the contract. Mr. Warden stated that the lowest bidder didnot meet the requirements specified in the Request for Proposals. MOTION: Councilman Mackey moved to approve Item A-3 of the Consent Calendar. The motion was seconded by Councilman Wilkins and unanimously carried. I A-8 Resolution No. 17-83 approving General Plan Amendment GP 821206 :1 amending the text of the Open Space Element concerning specific standardsforcreek setbacks (PREVIOUSLY ACTED UPON BY COUNCIL RECOMMEND ADOPTION) Councilman Mackey stated that she did not agree with the setbacks and opposed the resolution. MOTION: Councilman Molina moved to approve Item A-8 of the Consent ' Calendar. The motion was seconded by Mayor Nelson. After further discussion, the motion was withdrawn. Mr. Stevens stated that if no action is taken on Resolution No. 17-83 at this time, then Resolution Nos. 14-83, 15-83, and 16-83 should be rescinded. MOTION: Councilman Wilkins moved to bring. back Resolution No. 14-83, 15-83, 16-83, and 17-83 and consider them at the next meeting., The motion was seconded by Councilman Mackey and unanimously carried. A-11 Council policy limiting Council meeting time (RECOMMEND APPROVAL OF LIMITING COUNCIL MEETINGS TO NO LATER THAN 11:00 P.M. UNLESS EXTENDED BY MAJORITY VOTE OF COUNCIL) Councilman Molina suggested that the meetings be adjourned to other evenings until agenda items are caught up. Mr. Grimes stated that he could not attend adjourned meetings if held on Tuesday evenings. -3- f MINUTES - ATASCADERO CITY COUNCIL - MARCH 28, 1983 ■ MOTION: Councilman Wilkins moved to approve Item A-11 and to review the agenda at 10:45 p.m. in order to extendQr adjourn the meeting. Themotion was seconded by Councilman Mackey and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1 Draft Zoning Ordinance, Chapter Three - continued Larry Stevens reviewed lot size criteria in the RS and LSF/RSF Zones and also reviewed the Planned Development Overlay Zone. He requested the hearing be continued to April 11. MOTION: Councilman Wilkins moved to continue the hearing to April 11, 1983. The motion was seconded by Councilman Mackey and carried with Councilman. Molina voting no. 2. Public hearing on Tentative Parcel Map AT 821108:1; 7805 Santa Cruz Road; Frank Mecham (Associated Professions) ; to ' allow division of a 5.44 acre parcel into two parcels - continued Mr. Stevens presented conditions for well approvals Frank Mecham requested approval of the division and the well. ' Mike Hicks stated that the best source for fire protection is from the Mutual Water Company system. MOTION: Councilman Molina moved to approvethelot split under findings and conditions of the March 9, 1983, memorandum, and to preclude the private well for domestic purposes. The motion was seconded by Councilman Mackey and carried on the following roll call. vote AYES: Councilmen Mackey, Molina and Mayor Nelson NOES: Councilmen Stover and Wilkins Mr. Stevens stated that policiesshould be formalized regarding domestic wells. 3. Public hearing on appeal of Planning Commission decision to conditionally approve Tentative Parcel Map AT 820504:,1; Donald Saueressig and others, appellant; James Haun (Stewart) applicant; behind 7275-7425 Carmelita; to allow division of ' 8.43 acres into four parcels -4- MINUTES - ATASCADERO CITY COUNCIL - MARCH 28, 1983 Mr. Stevens stated that this request is to allow division of 8.43 acres intofourparcels. He stated that since the General Plan has been amended to delete the 50 foot setback, the matter has been rescheduled to hear the appeal by the surrounding property owners. Grigger Jones, attorney for James Haun, desired to have the matter resolved soon. James Haun stated that it would be unreasonable to deny his request for a lot split. Donald Saueressig stated that the 50 foot setback is legitimate and that the matter should be settled soon. MOTION: Councilman Mackey moved to continue the hearing to April 11. The motion was seconded by Councilman Wilkins and carried with Councilman Molina and Mayor Nelson voting no. C. UNFINISHED BUSINESS 1. Volunteer Coordinating Committee - Mayor Nelson Mayor Nelson requested this matter be continued to the next Council meeting. 2. Report from 4th of July Committee - Mayor Nelson Mike Hicks presented a report from the 4th of July Committee. 1 General consensus of the committee was to continue with the celebra- tion. He stated the . committee recommended establishing a review board appointed by the Council to oversee the 4th of July celebration. Mr. Warden read a letter from the Atascadero Jaycees indicating their withdrawal of support for the 4th of July celebration. iKen Ono, member of the Atascadero Jaycees, stated that his organization cannot take a lead in the celebration. ' Mike Molina and Jerry Pickard presented an outline of a plan for the 4th of July celebration. They stated that there are organizations other than the Jaycees who should be able to sponsor the event. They also requested the Council to adopt an ordinance to enforce their plan. Mr. Grimes advised that Council present the plan to staff for their recommendations. Donna Harris noted that the use of high school buses was approved ' based upon having the Jaycees as the sponsoring organization. ' -5- MINUTES - ATASCADERO CITY COUNCIL — MARCH 28, 1983 MOTION: Councilman Mackey moved to review the matter and to bring it back at the next Council meeting. The motion was seconded by Councilman Wilkins and unanimously carried. RECESS 9:35 p.m. RECONVENE 9:40 p.m. 3. Priority list - Mayor Nelson To be discussed in conjunction with the Capital Improvement Plan. 4. Ordinance No. 60 amending PERS contract - second reading MOTION: Councilman Wilkins moved to read Ordinance No. 60 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 60 by title only. MOTION: CouncilmanWilkinsmoved to approve Ordinance No. 60. The motion was seconded by Councilman Mackey and unanimously curried by roll call vote. D. NEW BUSINESS 1. Ordinance No. 61 relating to the removal of weeds, rubbish, and similar materials - first reading Mr. Warden stated that this ordinance is the foundation upon which to have the annual weed abatement program. 1 Mr. Grimes suggested including an administrative charge sufficient to meet the cost ofoperatingthe program. Council agreed to change the wording of 6-13.12 to extend the first year until the next tax year. iMOTION: Councilman Wilkins moved to read Ordinance No. 61 by title only. The motion was seconded by Councilman _Molina 'and unanimously carried. ' Mayor Nelson read Ordinance No. 61 by title only. MOTION: Councilman Wilkins moved that this constitute the first reading of Ordinance No. 61 with the noted changes. The motion was seconded by Councilman Molina and unanimously carried. ' 2. Consideration of Five Year Capital Improvement Plan 1983-1988 -6- MINUTES ATASCADERO CITY COUNCIL MARCH 28 , 1983 Mr. Warden reviewed the Capital Improvement Plan (CIP) . Council-discussed the CIP in conjunction with the Priority List. Councilman Mackey suggested that some of the projects should be street sweeping, street light at Santa Rosa and El Camino, street widening on El _Camino south of Santa Rosa, and additional left turn lanes. Doug Lewis suggested wheelchair ramps at the sunken gardens. Mr. Warden stated that Mr. McPherson is _planning on adding the ramps as part of the maintenance plan. Council agreed to wait for the police location report before setting priorities and to bring back the CIP at the next meeting. At 10 :45 p.m'. , Council decided to continue with the meeting past 11:00 p.m. MOTION: Councilman Wilkins moved to proceed with the agenda and not go beyond 11:30 p.m. The motion was seconded by Councilman Mackey and unanimously carried. 3. Consideration of Kate Johns request for funding re: animal spay-neuter program 1 Mr. Warden recommended that the matter be continued until the budget hearings. ' Kate Johns, President of AFAR, requested approximately $1,500 to assist in the spay-neuter program. MOTION: Councilman Mackey moved to allocate $1 ,500 to AFAR to ' continue the program for the remainder of the fiscal year. The motion failed for lack of a second. Councilrequested that_ Mr. Dolahite of the County Animal Regulations to attend one of the meetings in order to receive additional information. 4. Consideration of Dal Caudill request for street improvements Mr. Warden stated that this is a request to pave unimproved t sections of Sonora, Maleza,- and Pinal and a request to form a main- tenance district. Mr. Warden also stated that there is no Federal money available for this project. Dal Caudill requested that the maintenance district be continued and to consider staffs' recommendation. -7 1 1 MINUTES - ATASCADERO CITY COUNCIL - MARCH 28, 1983 MOTION: Councilman Mackey moved to proceed with the formation of a maintenance assessment district subject to the property owners' ability to show agreement in the Sonora, Maleza, and Pinal area. The motion was seconded by Councilman Wilkins and unanimously carried. 5. Consideration of City of Morro Bay resolution requesting extended comment period for Lease Sale 73 MOTION: Councilman Mackey moved to endorse Resolution No. 35-83 from the City of Morro .Bay. The motion was seconded by Councilman Wilkins and carried with Councilman Molina voting no. 6 . Consideration of PG&E request for resolution of support for 1 PG&E operation hydroelectric power plants MOTION: Councilman Wilkins moved to endorse PG&E' s request for a resolution. The motion was seconded by Councilman Molina and carried with Councilman Mackey voting no. 7 . Ordinance No. _ 62 establishing a time period for judicial review of certain .City administrative decisions - first reading, MOTION: Councilman Mackey moved to read Ordinance No. 62 by title only. The motion was seconded by Councilman Molina and unanimously carried, 1 Mayor Nelson read Ordinance No. 62 by title only. MOTION: Councilman Wilkins moved that this constitute the first reading. The motion was seconded by Councilman Mackey and unanimously carried. E. ATASCADERO COUNTY SANITATION DISTRICT MOTION: Councilman Wilkins moved that the Council recess and reconvene as the-Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Mackey and unanimously carried. 1. Consideration of purchasing additional memory and ports for computer Mr. Warden recommended authorizing, the expenditure from the budget. 1 -8 1 • 0 MINUTES - ATASCADERO CITY COUNCIL - MARCH 28, 1983 MOTION: Director Molina moved to authorize the purchase and spending of funds for additional memory and ports for the computer. The motion was seconded by Director Wilkins and unanimously carried by roll call vote. 2. Modification of sewer charge - Danish Convalescent Home 1 Mr. Warden recommended approval of the revision to the sewer rate structure and that the rates for the convalescent home be adjusted accordingly. MOTION: Director Wilkins moved to direct staff to prepare an ordinance stating rates be changed from $8.24 per bed per month to $3.50 per bed per month. The motion was seconded by Director Stover and unanimously carried by roll call vote. jMr. Jensen of the Danish Convalescent Hospital agreed with the decision. 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 1. City Council a. Councilman Mackey requested a Clean Sweep Clean-up proclamation for April 9-16 , 1983. b. Councilman Stover stated that he had taken an enjoyable trip under the direction of the Recreation Department and that. Sandra Moffitt had done a good job. C. Councilman Mackey stated that Rollin Dexter wished to thank the Police Department for escorting their move to their new church building. 2. City Attorney Nothing 3. City Clerk Nothing 4. City Treasurer Nothing -9- i MINUTES - ATASCADERO CITY COUNCIL - MARCH 28, 1983 S 5. City Manager er ' I a. Mr. Warden stated that copies are available of the EIR report of the California Men' s Colony expansion, Comments need to be made by May 2, 1983, to the California Department of General Services. b. Mr. Warden announced a conference in April of the League of California Cities in Fresno. c. Mr. Warden stated that it appeared unlikely the city would receive a grant for the sewer collector system despite the Water Quality Control Board' s action in declaring the necessity for a new collector system. d. Mr. Warden stated that Edwin Morris was unable to accept appointment on the Citizen Transportation Advisory Committee. The alternate, Roger Cook, will be appointed. e. Mr. Warden requested' a closed session for discussing litigation and personnel matters and that there would be no announce- ments afterwards. f. Mr. Wardenstatedthat the Planning Commission suggested a mutual meeting on Thursday, April 21, 1983, at 7:30 p.m. The meeting adjourned at 11:15 p.m. to closed session and returned to regular session at 11:45 p.m. , at which time they adjourned. BARBARA NORRIS, City Clerk By: Q PATSY A. E TER Depu City Clerk 1 -10