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HomeMy WebLinkAboutMinutes 050983MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 9, 1983 7:30 p.m. Atascadero Administration Building The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Tom Gaddis of the Foursquare Church gave the invocation`. T]!'%T T /l T T T Present: Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson Absent: None STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk; Skip Joannes, Recreation Director; Bud McHale, Police Chief; Larry McPherson, Public Works Director; Barbara Norris, City Clerk; Steve Rizzuto, City Treasurer; and Larry Stevens, Planning Director. PUBLIC COMMENTS 1. Bruno Adamoli thanked the City for doing a good job repairing the bridge over Graves Creek, but noted that someone had run into it again. COUNCIL COMMENTS 1. Councilman Stover thanked the City for giving the Senior Citizens $200 for each of the past two years and stated that after June 30 they will no longer need the City's help. He also mentioned various activities that the Senior Citizens are involved in. A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of April 21,1983 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of April 25, 1983 (RECOMMEND APPROVAL) 3. Treasurer's Report, April 1, 1983, to April 30,-1983 (RECOM- MEND APPROVAL) 4. Finance Director's Report, April 1, 1983, to April 30, 1983 (RECOMMEND APPROVAL) 5. Recognition of Clerical Unit (RECOMMEND ACCEPTANCE OF PETI- TION AND BYLAWS) MINUTES - ATASCADERO CITY COUNCIL - MAY 9, 1983 6. Resolution No. 21-83 approving a cooperative process for determining project priorities for Federal Aid Urban funding (RECOMMEND ADOPTION) 7. Resolution No. 22-83 authorizing filing of a claim for State Transit Assistance Funds in compliance with the Transporta- tion Development Act (RECOMMEND ADOPTION) 8. Annual ratification of San Luis Obispo County and Cities Area Planning Coordinating Council Joint Powers Agreement (RECOMMEND APPROVAL) 9. Tentative Tract Map AT 830307:1, 7350 El Camino Real, Wallace E. Dunn (Associated Professions) to create an eight unit air- space commercial condominium (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10. Tentative Tract Map AT 810806:1, 7320 Sombrilla and 7313 Santa Ysabel, Steven Garman (Gaylen Little) to extend for one year the time allowed to complete requirements for an approved tentative tract map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Tentative Parcel Map AT 810205:1, 9755 Atascadero Road, Ray Dodd (Daniel J. Stewart) to extend for one year the time allowed ,to complete requirements for an approved tentative tract map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 12. Acceptance of Lot Line Adjustment LA 821122:1; 9505, 9545, 9575 Laurel Road; Jim Rockstad (TwinCitiesEngineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 13. Acceptance .of:Parcel Map AT 820629:1, 8535 Santa Rosa, Road, Charles Carnes (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) MOTION: Councilman Wilkins moved to approve Items A-1 through A-13 of the Consent Calendar. The motionwasseconded by Councilman Stover and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on appeal on issuance of business license, 6105 El Camino Real; Star Station 101 (Bob Lawrence) appli- cant; Jim Cook, et al, appellant -2- 1 MINUTES - ATASCADERO CITY COUNCIL MAY 9, 1983 Larry Stevens presented background as to the applicability of the Zoning Ordinance and business license procedures for the opera- tion of this arcade He recommended that the appeal of the business license be denied. Joseph Purio, Shirley Morengo, Dennis Powell, Jim Cook, and Corliss Thomas objected to the new location on the grounds that they were concerned with supervision, security, and traffic problems. Carol Coleman Johnson, Shawn Houseman, Tanya Coleman, Jeanne Johnson, and Tommy Coleman commented in favor of issuing the busi- ness license, stating that there was,not enough youth activities in the area and that the majority of the youths do not cause problems. Julie Lawrence, owner of the arcade, stated that the area is patrolled and litter picked up every night. She also stated that there is only a small percentage of young people who cause problems. Bruno Adamoli requested that Council check the place out for themselves. Councilman Wilkins encouraged the kids to police the area themselves. MOTION: Councilman Wilkins moved to deny the appeal. The motion was seconded by Councilman Molina and unanimously carried. 2. Public hearing on Title 9 (Zoning Regulations) and City-wide Rezoning Program Larry Stevens reviewed the Final Draft, specifically pointing out various text changes and map revisions. He also noted the Planning Commission recommendation to approve Title -9_and the City- wide Rezoning Program and to adopt Findings 1-9 of the May 2 memorandum and a Conditional Negative Declaration. Council stated that they had requested deletion of the section allowing farm animals in the LSF zone. GeorgeHighlandopposed the conditional use permit for animals in the LSF zone. Norman Norton agreed ' g ed with. Mr. Grimes. proposed special exception clause. Bruno Adamoli stated that children should be allowed to raise animals as youth projects-and_be able to keep them. Mr. Stevens stated that special provisions for youth projects only apply in the Residential Single Family zone. -3 L` MINUTES ATASCADERO CITY COUNCIL MAY 9, 1983 John Euphrat was concerned with the PD -4 overlay zone east of town on Traffic Way, which.is proposed to be rezoned as Industrial. Roy Luebbers questioned whether his -property -is zoned Residential or Industrial. Mr. Stevens stated that Mr.- Luebbers had requested his property be zoned Residential Suburban. He stated that, when the map was redrawn Mr. Luebbers' property was shown as Residential Suburban and the surrounding area was Industrial. Gary Larson opposed the excessive use of the conditional use permit process., which could discourage 'industrial and commercial park development. Jane Gleason questioned how many animals are allowed on her residential suburban property. Mr. Stevens stated that she is allowed 15 animal equivalent units. Bernard Roselip requested his property be zoned Industrial with the inclusion of the proposed overlay provisions and that no further restrictions be placed on its use. Council discussed and approved existing fair project animals within the LSF zone ,until September 1, 1983; swine in the RSF, RS and A zones; and the two map changes recommended by the Planning Commission. Mr. Grimes suggested an amendment to the proposed zoning regula- tions which would authorize exceptions to fixed provisions of the zoning regulations in any zone. He felt that an ordinance of this magnitude should have an escape clause. Mr. Stevens commented that the clause is not needed because it would effectively nullify the entire Zoning Ordinance by making consideration of each application discretionary, thereby causing difficulty since, in effect, no standards would exist. Mr. Warden suggested that if the Council wished to include the "escape clause".that they insert a phrase requiring City Council consideration, as well as that of the Planning Commission, every time the escape clause was invoked: MOTION: Councilman Wilkins moved not to include the special exception clause in the Zoning Ordinance at this time. The motion was seconded by Councilman Stover and defeated with Councilmen Mackey, Molina and. Mayor Nelson voting no. -4- MINUTES - ATASCADERO CITY COUNCIL MAY 9, 1983 MOTION: Councilman Molina moved to approve the zoning regulations and maps as revised and to continue the hearing to the next meeting with the draft ordinance to be submitted for first reading on June 13, 1983. The motion was seconded by Councilman Wilkins and unanimously carried. RECESS 10:05 p.m. RECONVENE 10:10 p.m. 3. Update on the tenant/mobile home park owner negotiations; consideration of moratorium on raising rents in mobilehome parks Mr. Warden stated that a moratorium was not necessary because representatives of the tenants and park owners had reached an agree- ment Lou Purio stated that he was not officially notified of the agreement. Mr. Warden stated that he had spoken to Mr. Purio and that they had agreed. C. UNFINISHED BUSINESS 1. Police Location Committee Report/Capital Improvement Plan/ Administration Building Renovation Continued to May 23, 1983. 2. City-wide road maintenance district Council discussed a five-year improvement plan and requested Staff to prepare recommendations, Dennis McEvoy felt that the public should have the opportunity to say if they want it. Bruno Adamoli stated that the quarry on Santa Lucia Road should be taxed per tonage being hauled out and that it be used for road maintenance. 3. Ordinance No. 64 entitled Discharge of Firearms and Dangerous Weapons - second reading Kathleen Daly, Dennis McEvoy, Bruno_Adamoli, and John Daly, opposed the ordinance and gun control. -5- i r MINUTES ATASCADERO CITY COUNCIL MAY 9, 19$3 1 Bud McHale stated that the ordinance was prompted by complaints received by citizens and that the ordinance would furnish guidelines and assistance when receiving reports ,of firearms being discharged. MOTION: Councilman Wilkins moved to read Ordinance No. 64 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 64 by title only. MOTION: Councilman Wilkins moved to adopt Ordinance No. 64. The motion was seconded by Councilman Stover and carried on the following roll call vote: AYES: Councilmen Mackey, Molina, Stover and Wilkins rNOES: Mayor Nelson rAt 11:00 p.m., Council decided to continue the meeting past the 11:00 p.m. deadline. ' MOTION: Councilman Wilkins moved to continue the meeting past the 11:00 p.m. deadline. The motion was seconded by Councilman Mackey and unanimously carried. 1 4. Request by Action for Animal Rights (AFAR) for additional funding ' Mr. Warden_ reviewedthe recommendations of the Animal Control Department concerning funding. ' Kate Johns felt that she should be able to have a breakdown of certificates from Mr. Dollahite and that AFAR is entitled to addi- tional funding. MOTION: Councilman Molina moved to deny the request and to hold it until the budget process hearing. The motion was seconded by Councilman Wilkins and carried with Councilman Mackey voting no. D. NEW BUSINESS 1. Consideration of Ordinance No. 66 amending Falcon Cable TV franchise by extending area of service zone - first reading Mr. Warden commented on the proposed ordinance regarding service areas and charges 1 -6- 1 MINUTES - ATASCADERO CITY COUNCIL - MAY 9, 1983 MOTION: OT ON: Councilman Molina moved to read Ordinance No. 66 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 66bytitle only. MOTION: Councilman Molina moved that this constitute the first reading of Ordinance No. 66. The motion was seconded by Councilman Stover and unanimously carried. 2. Ordinance No. 67 relating to claims against the City - first reading Allen Grimes explained the purpose of Ordinance No. 67. P MOTION: Councilman Molina moved to read Ordinance No. 67 by title only. The motion was seconded by Councilman Stover and unanimously carried. rMayor Nelson read Ordinance No. 67 by title only. MOTION: Councilman Molina moved that ,this .constitute the first ' reading of Ordinance No. 67. The motion was seconded by Councilman Stover and unanimously carried. 3. General Plan Amendment - Cycle 2/1983 Larry Stevens stated that an application had been submitted on 1 behalf of Sandra Summers by Henry Hohenstein to expand commercial area on San Palo Road. The Planning Commission recommended not to extend the area owned by the applicant and that no other amendments be initiated during this cycle. Council approved the Planning Commission's recommendation. E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Mayor Nelson stated that he had received a phone call ' from Frank Baer requesting that a resolution be passed concerning Senator Wilson's Bill dealing with a moratorium for off -shore drill- ing. Mayor Nelson requested that the Bill be discussed at the next ' Council meeting. -7- MINUTES ATASCADERO CITY COUNCIL MAY 9, 1983 2. City Attorney None 3. City Clerk None 4. City"Treasurer None 5. City Manager a. Mr. Warden stated that Senator Ken Maddy voted in opposition to the compulsary arbitration bill. Mr. Warden asked each Councilmember to personally thank Mr. Maddy. b. Mr. Warden_ reminded Mayor Nelson of the mayor's meet- ing on May 10. c. Mr. Warden stated that no State grant funds are presently available for the Alvord Field and the Z'berg So. Atas- cadero Park because a bond issue has not yet been offered for sale. He asked Council if they wanted to pay the $35,000 to proceed with the bid in expectation of the State selling bonds. He noted a -letter received from the State indicating that the funds would be forthcoming upon sale of the bonds. Council agreed. d. Mr. Warden asked .Council if the Danish Convalescent Home should pay the original fee from January 1 until the date the sewer ordinance becomes effective. Henotedthat he was not certain as to Council's intent when this item was first considered. MOTION: Councilman Mackey moved that Mr. Jensen of the Danish Convalescent Home pay the original charge from January 1, 1983, to the effective date of the new ordinance. The motion was seconded by Councilman Molina and carried with Mayor Nelson voting no. e._ Mr. Warden requested -a closed session to discuss labor negotiations and that there would be no announcements afterwards. The meeting adjourned at 11:30 p.m. to closed session and returned to regular session at 12:16 a.m., at which time they adjourned to May 10, 1983, at 5:30 p.m. in Room 207 to discuss labor negotiations in closed session. Recorded by: BARBA 4NORRIS, City Clerk By:PATSYHESTER, Deputy City Clerk -8-