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HomeMy WebLinkAboutMinutes 042583 • 0 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting April 25, 1983 7 : 30 p.m. Atascadero Administration Building The meeting was called to order at 7 :30 p.m. with the Pledge of Allegiance. Mr. Jon Hamman of the Foursquare Church gave the invocation. ROLL CALL ' Present: Councilmen Mackey, Stover, Wilkins and Mayor Nelson Absent: Councilman Molina STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk Bud McHale, Police Chief; Larry McPherson, Public Works Director; and Larry Stevens, Planning Director. PUBLIC C014MENTS ' 1. A mobilehome tenant inquired about the current status of the mobilehome rent agreements. Mr. Warden stated that he recently received letters from both sides addressing whether they should consider the recently concluded San Luis Obispo contract between tenants and owners as a model for our consideration. 2. Gordon Hilchui, representing a resident living on Sombrilla Street, stated that there has been a septic problem in the area for about a year and has requested the city to help solve the problem. Mr. Warden stated that the source of the problem has not ' been located. Dan Ebersole, area resident, commented that his neighbor is responsible for the problem. Mr. Warden suggested that complainants meet with him the next day. ' 3. Doris Muller was concerned with the El Bordo Mobilehome Park rent which is. to be raised soon. Council discussed imple- menting a moratorium. They requested that the issue be on the next agenda. COUNCIL COMMENTS ' 1. Councilman Wilkins announced that the Kiawanas Club and VFW Auxiliary will be installing curb cuts for the handicapped at the sunken gardens. 2. Mayor Nelson announced that the first week in May will be Elk' s National Youth Week. i t MINUTES ATASCADERO CITY COUNCIL - APRIL 25, 1983 r A. CONSENT CALENDAR 1. Minutes of the regular meeting of March 28 , 1983 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of April 11, 1983 (RECOMMEND APPROVAL) 3. Audit Agreement for Fiscal Year ending June 30, 1983 ,(RECOMMEND APPROVAL OF AGREEMENT WITH ROBERT M. MOSSACCOUNTING CORP. ) 4. Transfer of $900 from Contingency Reserve to Fire Department ' Account for vehicle damage repair (RECOMMEND APPROVAL) 5. Transfer of $4, 000 from Contingency Reserve to Building Main- tenance Account for emergency repair of Fire Station roof (RECOMMEND APPROVAL) 6. Resolution No 19-83 accepting Llano, Puerta and Lomitas ' Roads (RECOMMEND ADOPTION) 7. Acceptance of' Lot Line Adjustment LA 821228 :1, 9301 9311 ' Musselman and 10245 E1 Camino Real, Merele Wahlenmaier, Carl Stewart, Ben Hoff (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Road Exception EX821124:1, 6625 Santa Cruz Road, Elwood Garlick (Daniel J. Stewart) to allow waiver or modification of conditions on Tentative Parcel Map AT. 820318 :1 (Garlick/Stewart) relating to construction of road improvements along the property frontage and back to the nearest improved section of Santa Cruz Road (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mayor Nelson reviewed all items on the Consent Calendar. Concern- ing Item A-8, Councilman Mackey stated that she has looked at this property and felt a road should not be built and that there should be another solution. Mr. Warden stated that an easement already exists ' and that a road relocation would require renegotiations of all exist- ing easements. He asked if this was a role the Council wanted the city to play. MOTION: Councilman Wilkins moved to approve Items A-1 through A-8 of the Consent Calendar. The "motion was seconded by Councilman Mackey and carried on the following roll call votes AYES: Councilmen Mackey, Stover, Wilkins and Mayor Nelson ' NOES: None ABSENT: Councilman Molina -2- 1 MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Robert Dollahite regarding animal control and spay/neuter programs Robert Dollahite, Director of the County's Department of Animal Regulations, gave an update on the animal 'control program with emphasis on the spay/neuter program. He stated that the $3, 000 received by the City has been used and can be accounted for. Kate Johns, representing Action for Animal Rights (AFAR) , stated that their spay/neuter program spent $5,659 for one year and requested Council to assist AFAR until the end of the year. Council will consider the request at the next meeting. C. UNFINISHED BUSINESS 1. Capital Improvement Plan - continued 1 Mr. Warden stated that Phase 2 renovation will cost approximately $237, 000, which includes renovation of the west and south wing rest- rooms, air conditioning and heating systems, increased space for an interim police facility on the second floor, and public counter for Planning on the second floor. ' Mayor Nelson presented a priority list from the Park and Recreation Advisory Board. 1 Council continued this to the next meeting. PROCLAMATION DECLARING APRIL 29, 1983 SPECIAL OLYMPICS DAY Mayor Nelson presented a proclamation to Vickie Talley, represent- ing the Special Olympics organization, declaring April 29, 1983 , to be Special Olympics Day. Vickie Talley thanked the City and invited everyone to join them ' on April 29. 2. Ordinance No. 61 relating to the removal of weeds, rubbish, and similar materials - second reading MOTION: Councilman Wilkinsmoved to read Ordinance No. 61 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 61 by title only. -3- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 MOTION Councilman Wilkins moved to adopt Ordinance No. 61. The motion was seconded by Councilman Stover and carried by the following roll call vote: AYES: Councilman Mackey, Stover, Wilkins and Mayor Nelson NOES: None ABSENT: Councilman Molina 3. City-wide road maintenance district Mr. Warden reviewed the process for establishing a city-wide road maintenance assessment district. He stated that one alternative would be an area-by-area basis rather than on a city-wide basis. Mr. Grimes stated that the property owners involved should petition that they want to pay for this service. Council continued this matter to the next meeting. ' 4. Sand and gravel mining in the Salinas River - Sycamore Road Pit Larry Stevens recommended that Staff findings be adopted, process the reclamation plan for mining operation, and that Staff monitor the operation for compliance with previously established conditions only. Mr. Grimes stated that according to the staff report, there is no cause for a nuisance abatement hearing. Donna Porter played a tape of the noise recorded from her property. ' She stated that there should be standards on stockpiling, depth of holes, and equipment. Mr. Warden suggested that the water company review the matter. - MOTION: Councilman Mackey moved to- table until May 23, that Council members inspect the area, and for the water company board 1 present a report to Staff and participate in the meeting on May 23. The motion was seconded by Councilman Stover and unanimously carried. Frank Platz, member of the Board of Directors of the water company, stated that he is willing to address the problems and that the water company wanted to avoid interference with neighbors. He commented that the operation has not been increased this year. F. J. Bailey and Lora Anderson, area residents, stated that there ' has been an increase in noise and operation. -4 MINUTES - ATASCADERO CITY COUNCIL APRIL 25, 1983 5. Fees for animal raising permits to fund enforcement costs iMr. Warden presented a report of possible fees and costs for animal permits to fund enforcement costs. ' Doug Lewis suggested imposing a sales tax on pet food. Mr. Warden stated that the City is not authorized to do so. Councilman Mackey felt a need for establishing fees for permits and that a part-time Intern could handle the process and . enforcement. No action was taken. D. NEW BUSINESS 1. San Luis Obispo-Atascadero bus service recommendation to COG Mr. Warden stated that the city will spend during FY 1983/84 930 1 of its total receipts from State transit monies for transportation purposes. He further stated that the test criteria had not been met and, therefore, recommended discontinuance of the program and expend- iture of any further money. Ray Pitt stated that the bus averages 18 riders one way and increases each month. He believed that the bus could be self-sustaining by next year. Don Curtis and Jim Cook stated that this system is not feasible and ' should be discontinued. Steve Otto, Director of the Economic Opportunity Commission (EOC) , presented Council with a copy of EOC Resolution No. 2033, adopted April 21, 1983, requesting continuance of the transit system. MOTION: Councilman Wilkins moved to support Staff' s recommendation of discontinuance and to state the City' s position at the COG meeting. The motion was seconded by Councilman Stover and carried with Councilman_Mackey voting no. RECESS 9: 55 p.m. RECONVENE 10 :00 p.m. 1 2. Ordinance No. 64 regarding discharge of firearms and dangerous weapons - first reading Mr. Warden reviewed the ordinance and recommended approval. MOTION: Councilman Wilkins moved to read Ordinance No. 64 by title only. The motion was seconded by Councilman Stover and ' unanimously carried. ' -5- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 Mayor Nelson read Ordinance No. 64 by title only. MOTION: Councilman Wilkins moved that this constitute the first reading. The motion was seconded by Councilman Mackey and unanimously carried. tBob Rentschler questioned the shooting of predatory animals and injured or sick livestock. Mr. Warden stated that shooting predatory animals is permitted and the shooting of ailing or injured cattle can be arranged with the Police Department. 3. Request from Boy Scouts for land to construct multi-purpose building Dave Grummitt, representing Boys Scout Troop 104 , requested ' support in locating an available building for all scout organizations. Mr. Warden stated that a building within the park could not be used exclusively for private use unless legal conditions could be imposed satisfying such proscription. Norman Ted Monson suggested the use of the armory building. No action was taken. 4. Consideration of moratorium on game machine and arcade businesses Mr. Warden reviewed four alternative ordinances and stated that applying an ordinance retroactively only to this business should not be considered. He proposed that Council, if concerned about the problem, impose a moratorium on any new arcade businesses until restrictions and conditions could be developed. Chief McHale stated that the Police Department has received an ' increase in calls from merchants in the area of the Adobe Plaza arcade operation. Norman Ted Monson stated that the existing arcade should be allowed to continue business. ' Jim Cook, speaking on behalf of a number of merchants, asked for a moratorium on arcades to give an opportunity to study and to get community input. Roger Lyon, attorney representing Bob Lawrence, owner of Star Station 101, urged against the adoption of a retroactive ordinance. -6- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 Mr. Grimes reminded Council that there was no specific Staff recommendation, only that Council must thoroughly document its findings. Pam Cook requested zoning regulations for the future. Mr. Stevens stated that the Draft Zoning Ordinance will cover this area. Terry Vascus, Tracy Handwork, Linda Hackney, and Stephanie Adams were in favor of allowing the arcade business to operate. At 10 : 50 p.m. , Council decided to continue the meeting past the 11: 00 p.m. deadline. MOTION: Councilman Wilkins moved to proceed with. the agenda and to set a time limit of 11:30 p.m. The motion was seconded by Councilman Mackey and unanimously carried. Council chose Alternative No. 1 urgency Ordinance No. 65 as the preferred action in dealing with the arcade problem. ' MOTION: Councilman Wilkins moved to read Ordinance No. 65 by title only. The motion was seconded by Councilman Stover and unanimously carried. ' Mayor Nelson read Ordinance No. 65 by title only. MOTION: Councilman Wilkins moved to adopt Ordinance No. 65 as an urgency measure. The motion was seconded by Councilman Mackey and carried on the following roll call vote: AYES: Councilman Mackey, Stover, Wilkins and Mayor Nelson NOES: None ' ABSENT: Councilman Molina 5. Consideration of San Luis Obispo resolution opposing SB 259, unwarranted intrusion into local affairs by single purpose legislation involving a local matter Mr. Warden presented a resolution from the City of San Luis Obispo opposing Senator Mello' s SB 259. ' MOTION: Councilman Mackey moved to support Resolution No. 5089 of the City of San Luis Obispo opposing SB 259. The motion was seconded by Councilman Stover and unanimously carried. -7- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 E. ATASCADERO COUNTY SANITATION DISTRICT MOTION: Councilman Wilkins moved that the Council recess and convene as the Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Mackey and unanimously ' carried. 1. Ordinance No. 63 amending Ordinance No. 54 regarding sewer service charges - second reading MOTION: Director Wilkins moved to read Ordinance No. 63 by title only. The motion was seconded by Director Mackey and unani- mously carried. President Nelson read Ordinance No. 63 by title only. MOTION: Director Wilkins moved to adopt Ordinance No. 63. The motion was seconded by Director Stover and carried on the following roll call vote: AYES: Directors Mackey, Stover, Wilkins and President Nelson ' NOES: None ABSENT: Director Molina 2. Resolution No. 20-83 approving Satisfaction of In Lieu Assessment Agreement with Ray and Karen Spear ' MOTION: Director Wilkins moved to adopt Resolution No. 20-83. The motion was seconded by Director Mackey and carried on the following roll call vote: AYES: Directors Mackey, Stover, Wilkins and President Nelson ' ' NOES: None ABSENT: Director Molina 3. Status of Wastewater Collector Grant - Project No. C-06-2927 ' MOTION: Director Mackey moved to appeal the decision of the California Regional Water Quality Control Board and authorize Staff to proceed with the appeal. The motion was seconded by Director Stover 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: -8- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Nothing ' 2. City Attorney ' Nothing 3. City Clerk Nothing 4. City Treasurer Nothing 5. City Manager ' a. Mr. Warden stated that he had received correspondence from Assemblyman Seastrand acknowledging and supporting our opposition to ' AB 5099. b. Mr. Warden stated that he received a letter from Congressman William Thomas regarding Lease Sale 73, noting that there was not much ' he could do about it. C. Mr. Warden stated that SB 778 Bill will be heard before the Senate Finance Committee on. May 2, 1983. He urged anyone interested in opposing legislation to contact Senator Maddy. d. Mr. Warden asked if there were any objections to changes proposed for the South Atascadero Park Plan with respect to playing field alignments. There were no objections. e. Mr. Warden requested a closed session for personnel negotiations and that there would be no announcements afterwards. f. Larry McPherson commented on the COG preliminary work program. The meeting adjourned at 11:12 p.m. to _closed session and returned to regular session at 11: 46 p.m. , at which time they adjourned. Recorded by: BARBARA NORRIS, City Clerk By 1 PATSY HESTER Deputy City Clerk -9-