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HomeMy WebLinkAboutMinutes 041183MINUTES - ATASCADERO CITY COUNCIL Regular Meeting April 11, 1983 7:30 p.m. Atascadero Administration Buildinct The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. John Berry of the First Baptist Church gave the invocation. nnT r O A r r Present: Councilmen Mackey, Stover, Wilkins and Mayor Nelson Absent: Councilman Molina STAFF Present: Murray Warden, City Manager; Allen Grimes, City Attorney; Steven Rizzuto, City Treasurer; Patsy Hester, Deputy City Clerk; Ralph Dowell, Finance Director; Mike Hicks, Fire Chief; Larry Stevens, Planning Director; Richard McHale, ' Police Chief; Larry McPherson, Public Works Director; and Skip Joannes, Recreation Director. ' PUBLIC COMMENTS 1. Arthur Armstrong stated that he is happy to live in this area and that he would be willing to donate $100 towards a campaign to continue the 4th of July celebration. COUNCIL COMMENTS None A. CONSENT CALENDAR 1. Treasurers Report, 3-1-83 to 3-31-83 (RECOMMEND APPROVAL) ' 2. Finance Director's Report, 3-1-83 to 3-31-83 (RECOMMEND APPROVAL) ' 3. Agreement between the State Department of Forestry and County of San Luis Obispo for mutual aid (RECOMMEND APPROVAL AND AUTHORIZATION TO SIGN) 4. Transfer of $8,,303 from Contingency Reserve for litigation expenses (RECOMMEND APPROVAL) ' 5. Transfer of $6,200 from Contingency Reserve for parking lot acquisition (RECOMMEND APPROVAL) MINUTES - ATASCADERO CITY, COUNCIL - APRIL 11, 1983 6. Tentative Parcel Map AT 810320:2, 7000-7250 Santa Cruz Road, Mike Yeomans (Twin Cities Engineering) to',extend for one year the time allowed to complete requirements for an approved tentative track map (RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMENDATION) 7. Acceptance of Parcel Map AT 820609:1, between San Marcos and Laurel Road east of the intersection of Laurel and Cenegal, Dick Davis (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. 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) 9. 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 Residen- tial Study Area (PREVIOUSLYACTED. UPON BY, COUNCIL RECOMMEND ADOPTION) 10. 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 Residen- tial Study Area (PREVIOUSLY ACTED UPON BY, COUNCIL RECOMMEND ADOPTION) 11. Resolution No. 18-83 opposing the takeover of Pacific Gas and Electric hydroelectric projects Mayor Nelson reviewed all items on the Consent Calendar. MOTION: Councilman Wilkins moved to approve Items A-1 through A-11 I of the Consent Calendar. The motion was seconded by Councilman Stover and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Resolution No. 17-83 approving General Plan Amendment GP 821206:1 amending the text of the Open Space Element concerning specific standards for creek setbacks Larry Stevens.presented two resolutions, one approving the General Plan Amendment,; and the other denying it. He stated that if the approval of the General Plan amendment was not passed, then the three items concerning General Plan Amendments on the Consent Calendar should be pulled. -2- MINUTES - ATASCADERO CITY COUNCIL - APRIL 11, 1983 MOTION:n i - Cou c lman Wilkins moved to adopt Resolutson No. 17 83. The motion was seconded by Councilman Stover and carried ' on the following roll call vote: AYES: Councilmen Stover', Wilkins and Mayor Nelson ' NOES: Councilman Mackey ABSENT: Councilman Molina Herb LaPrade commented that there should not be any regulations governing creek setbacks but that the Planning Department should consider each case individually. Don Saueressig believed that there should be specific setback requirements along the creek bank. 2. Draft Zoning Ordinance, Chapter Three- continued Larry Stevens reviewed portions of Chapter 3 regarding the Planned Development Overlay Zone and minimum lot size in the RS, RSF and LSF Zones. He stated that this should conclude the draft hearings. ' Council contended that they did not request an alternate draft for farm animals. ' Mr. Grimes stated that Council requested a draft based upon the density principal. He further commented that concern of residents should be favored over concern for animals. ' Councilman Mackey suggested fees be established for animal raising which would be put in an abatement fund to process animal complaints. She requested this matter be put on the next agenda. MOTION: Councilman Wilkins moved to accept the draft for Chapter 3 and to deny the new draft for farm animal raising and accept the original draft. The motion was seconded by Councilman Stover and unanimously carried. 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) appli- cant; behind 7275-7425 Carmelita; to allow division of 8.43 acres into four parcels - continued Mr. Stevens stated that the applicant is requesting the division ' of four lots in a parcel which basically includes a strip leading from Carmelita to_Atascadero Creek Reservation No. 6, as well as approxi- mately 60 feet of Lots 5, 6, 7, and 8. -3- MINUTES - ATASCADERO CITY COUNCIL - APRIL 11, 1983 He stated that the Planning Commission recommends approval of the Tentative Parcel Map subject to the 23 conditions contained in ' the staff report dated December 6, 1982. Grigger Jones, representing James Haun, requested that the appeal be denied. Don Saueressig stated that if the sub -division is approved that the conditions be changed to include a paved street to serve the sub -divided lots. Jim Haun stated that he owns a 6.0 foot strip of land and would like to use it as a roadway. MOTION: Councilman Wilkins moved to deny the appeal on Tentative Parcel Map AT 820504:1 and to acceptenvironmental determina- tion findings and the 23 conditions as recommended by the Planning' Commission. The motion was seconded by Councilman Stover and carried with Councilman Mackey voting no. 4. Report from Planning Director on A -Jay excavating complaint Mr. Stevens stated that there has been much controversary concern- ing the operation of sand and mining in the Salinas River in the vicinity of Sycamore Road. He presented a preliminary background ' report, principally in conjunction with a previous county review of this operation. It has been determined to be a nuisance and certain conditions were imposed. He stated that there remains dissatisfaction among some residents. Mr. Stevens requested this matter be continued to secure additional information regarding the current status of the operation and to make a recommendation as to whether or not there are problems and issues that need to be resolved. Frank Platz of the Atascadero Mutual Water Company stated that the operation has been performing for a number of years and that it is vital to the water company. He also stated that he would bring the matter up at their next Board meeting and will discuss it at the next Council meeting. Donna Porter stated that there is an increase in the operation and believes it to be a nuisance. She requested Mr. Stevens to find out how much sand is taken out of the river. Dr. David Hixson recommended changing the hours of operation between 9:00 a.m. to 2:00 p.m. He stated that there is an expansion onto his property and requested that.the operation be moved up the river. -4- MINUTES - ATASCADERO CITY COUNCIL - APRIL 11, 1983 F. J. Bailey, area resident, stated that. there is an expansion of the operation. Council continued the .matter to April 25. 5. Public hearing on zoning maps ' Mr., Stevens stated that the Planning Commission conducted hearings and made changes of Areas I, II, and III of the, Citywide Rezoning program. The Planning Commission recommends adoption of the;maps with the revisions as submitted. Roy Luebbers requestedthatthe map be changed to show the property between Ferro-Carril and Estrada line as Residential Suburban. Mr. Stevens stated that the Planning Commission established Lots i 1 and 4, owned by Mr. Luebber, as zoned Residential Suburban and that Lots 2 and 3, owned by Mr. Souza and Mr. Roselip, be zoned as Industrial. Mr. Grimes suggested that the property owners be present to give their opinions before making a_decision. The Council concurred with the Planning Commission's recommendation. Frank Platz requested.that the parcels onElCamino between Glen Oaks Plaza and Outlet Company be zoned Service Commercial. MOTION: Councilman Mackey moved to refer this matter to the Planning Commission for review and to include it in the final hearing. The motion was seconded by Councilman Wilkins and unanimously carried. John Euphrat asked that no further expansion of industrial use be permitted without minimum processing of a Conditional Use Permit. MOTION: Councilman Mackey moved to refer to the Planning Commission to consider the Conditional Use Permit and part of PD -4 and to include it in the final hearing. The motion was seconded by Councilman Stover and unanimously carried. MOTION:- Councilman Wilkins moved to accept the preliminary approval of maps with modifications as indicated and to set for final adoption hearings with proper notification. The motion was seconded by Councilman Stover and unanimously carried. Gary Larson of the Chamber of Commerce asked Council to be careful in considering the Conditional Use process. RECESS 9:45 p.m. RECONVENED 9:50 p.m. -5- MINUTES - ATASCADERO CITY COUNCIL - APRIL 11, 1983 !C. UNFINISHED BUSINESS 1. Volunteer Coordinating Committee - Mayor Nelson Mayor Nelson requested this matter be continued. 2. Report from 4th of July Committee - Mayor Nelson Council did not support the event and has received numerous letters against it. Lon Allen requested public opinion. MOTION: Councilman Mackey moved that there be no organized 4th of July event at the Atascadero Lake this year. The motion was seconded by Councilman Stover and unanimously carried. Helen Watson stated that if conditions of growth or other cir- cumstances result in the need to change traditions, then some traditional activities might have to be discontinued. She opposed the 4th of July activities. She requested an ordinance be passed to eliminate the use of the park after dark. 3. Priority list - Mayor Nelson To be considered with the Capital Improvement Plan 4. Assessment district procedures Amapoa-Tecorida Larry McPherson reviewed problems and recommendations for long- term and short-term improvements. He stated that he does not feel there would be 'a great deal of support from the property owners for an assessment district.for drainage and that the total cost of a project to solve the problems would be approximately $1 million. Mr. Grimes stated that he has seen many failures in approving assessment districts but that the people involved should petition to have one in order to assure the Council of a serious commitment by the people having to bear the costs. Doug Lewis stated that long range.weather patterns are improving and that this should be considered, MOTION: Councilman Wilkins moved in favor of an assessment district if supported by the people with a petition. The motion was seconded by Councilman Stover and unanimously carried. 5. City of Pismo Beach request of support for proposed County- wide oil ordinance - continued 1 MINUTES - ATASCADERO CITY COUNCIL - APRIL 11 1983 ' MOTION: Councilman Wilkins moved to acknowledge receipt of information and table. The motion was seconded by Councilman Stover and unanimously carried. 6. Ordinance No. 61 relating to the removal of weeds, rubbish, and similar materials first reading ' MOTION: Councilman Wilkins moved to read Ordinance No. 61 by title only. The motion was seconded by Councilman Mackey and unanimously carried. Mayor Nelson read Ordinance No. 61 by title only. MOTION: Councilman Wilkins moved that this constitute the first reading. The motion was seconded by Councilman Stover and unanimously carried. I7. Capital Improvement Plan - continued Mr. Warden reviewed the Capital Improvement Plan (CIP) and noted that the CIP was a guide for considering future projects. He suggested that the matter of funding needed to be determined due to limited fiscal resources. He noted that it might be desirable to put the question of funding a police facility on the ballot to determine if the electorate is willing to pay a surcharge or other means of raising the funds necessary to build a facility. Mr. McPherson stated that a decision as to the renovation of the Administration Building should be made soon so that the heating ' system will be operational by next winter. Lon Allen stated that the Police Committee is considering three ' alternatives: Bank of America building, a new facility, and renovating the City Hall. He noted that in his opinion a new facility would cost as much or more than purchasing the bank building. Council continued the matter to the next Council meeting. At 10:50 p.m., Council decided to continue with the meeting. ' MOTION: Councilman Wilkins moved to continue with the agenda. The motion was seconded by Councilman Stover and unanimously carried. 8. Ordinance No. 62 establishing a time period for judicial review of certain City administrative decisions ' MOTION: Councilman Wilkins moved to read Ordinance No. 62 by title only. The motion was seconded by Councilman Stover and unanimously carried. -7- I' 4 0 MINUTES - ATASCADERO CITY COUNCIL APRIL 11, 1983 ' Mayor Nelson read Ordinance No. 62 by title only. MOTION: Councilman Wilkins moved to adopt Ordinance No. 62. The motion was seconded by Councilman Mackey and unanimously' carried. ' D. NEW BUSINESS None, 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. i1. Ordinance No. 63 amending Ordinance No. 54 regarding sewer service charges ' MOTION: Director Wilkins moved to.read Ordinance No. 54 by title only. The motion was seconded by Director Stover and unanimously carried President Nelson read Ordinance No. 63 by title only. ' MOTION: Director Wilkins moved that this constitute the first reading of Ordinance No. 63. The motion was seconded by Director Mackey and 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 Mackey commented that Clean Sweep Week was a success Mayor Nelson stated that Councilman Mackey had done a good job. 2 City Attorney None ' 3 City Clerk None ' 4. City Treasurer None -8 A* 0 MINUTES - - ATASCADERO CITY COUNCIL APRIL 11, 1983 5. City Manager a. Mr. Warden stated that Roger Cook is unable to serve on the Citizen Transportation Advisory Committee. There were no other names suggested by the Council. b. Mr. Warden announced that Debbie Terra is resigning from the Recreation Department because of pregnancy. c. Mr. Warden stated that the mobilehome rent control issue is delayed so that consideration can be given to the con- clusions reached in San Luis Obispo concerning a similar situation. d. Mr. Warden requested a closed session and that the meeting be adjourned to April 21, 1983, for the joint Planning Commission and City Council meeting. The tentative agenda for the meeting to include: (1) Industrial and economic development; (2) Improvement of downtown area; (3) Signregulations, including review of the Chamber sign survey; (4) Farm animal regulations; (5) Annexation policies; (6) Potential effects of new sewer plant on General Plan densities; (7) How large a house can be built on a small lot; (8) Blacktop on a small lot; (9) Policy statement on buildable lots; and (10) Policy statement as to types of businesses not to be allowed in Atascadero. e. Mr. Warden stated he had received a letter from the League of California Cities in which the Department of Housing and Community Development would be allowed through Assembly Bill 1599 to dictate the contents of local housing elements. This Bill could also effect receipt of gas tax money by cities. Council requested that a letter be drafted opposing this Bill. f. Mr. Warden received a request for street closure at 9000 block of La Linia on June 4 for a block party. The Public Works Director had no objections. ' -9- MINUTES - ATASCADERO CITY COUNCIL - APRIL 11, 1983 g. Mr. Warden stated that an arcade license will be issued to Bob Lawrence subject to providing three automobile parking spaces. He noted that an appeal will be forthcoming. Mr. Grimes remarked that there could be a moratorium established if the Council denied. Jim Cook spoke on behalf of the downtown merchants and would like to see a moratorium imposed to study the issue. He felt that ' the new place would not be a proper location. Council directed staff to provide a recommendation and get legal advice in time for the next Council meeting. ' The meeting adjourned to closed session at 11:25 p.m. and returned to regular session at 12:00 a.m., at which time Council 1 adjourned to April 21, 1983, at 7:30 p.m. Recorded by: ' BARBARA NORRIS, City Clerk 1 Byd' , '- 4P�ATS . HESTER ' Deputy City Clerk -10-