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HomeMy WebLinkAboutMinutes 062783 MINUTES . - _ATASCADERO CITY COUNCIL Regular Meeting June 27 , 1983 7 :30 p.m.. Atascadero Administration Building The meeting was called to order at 7:43 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; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk; Mike Hicks, Fire Chief; Skip Joannes, Recreation Director; Bud McHale; Police Chief; Larry McPherson, Public Works Director; Steve Rizzuto, City Treasurer; and Larry Stevens, Planning Director. ' PUBLIC COMMENTS None COUNCIL COMMENTS ' 1. Councilman Wilkins announced that the curb cuts in the Sunken Gardens are complete and that the project was a- success. He thanked everyone involved for their contributions. A. CONSENT CALENDAR ' 1. Minutes of the regular meeting of June 13, 1983 (RECOMMEND APPROVAL) 2. Minutes of the special meeting of June 14 , 1983 (RECOMMEND APPROVAL) 3. Appeal of Departmental Review R830330:1, 5425 E1 Camino Real, ' Anthony Leal (A&D Liquor) to construct a 3,420 square foot liquor store with a self-service gas pump area (RECOMMEND APPROVAL OF` PLANNING -COMMISSION RECOMMENDATION) ' 4 . Lot Line Adjustment LA 830506 :1, 8315 Portola Road, J. C. Hardwick (Twin Cities Engineering) to adjust existing `lot ' lines to create a larger rear yard for Parcel 1 (RECOMMEND APPROVAL OF PLANNING C014MISSION RECOMMENDATION) MINUTES ATASCADERO CITY COUNCIL - June 27., 1983 5. Lot Line Adjustment LA 830517:1, 10210 Atascadero Avenue, George andChristineFrench (Morgan) to adjust existing lot ' lines to; enlarge a rear yard (RECOMMEND APPROVAL OF PLAN- NING COMMISSION RECOMMENDATION) ' 6. Lot Line Adjustment LA 810320 :1, 5560 Nogales, Kendall Gal langer (Hilliard Surveys) to extend the time allowed to complete requirements for a lot line adjustment (RECOMMEND ' APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Lot Line_Adjustment LA- 830513-:1., 9300 E1 Bordo, Wedco 'and Westwind Investments and V-5 Enterprises (Associated Professions) to adjust existing lot lines to remove unusual configuration created by a previous parcel map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8 . Acceptance of Tentative Parcel Map AT 810721:1, 8940 San Gabriel Road, Henry J. Hohenstein (San Luis Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mayor Nelson reviewed> the items` on the Consent Calendar. ' MOTION: Councilman Wilkins moved to approve Items A-1 through A-8 of the Consent Calendar. The motion was seconded by Council- man .Stover and unanimously carried by roll call vote. B. HEARINGS, APPEARANCE'S AND REPORTS ' 1. Public hearing on Falcon Cable Corporation request for increase in rates ' Mr. Warden stated that the requested rate increase for Falcon Cable TV would make Atascadero rates the highest in the County; that justifi- cation provided by the cable 'company was not verifiable, thereby making ' it difficult to determine the actual need. Staffwas recommending denial at this time. Thomas Hatchell of Falcon Cable TV requested approval of a rate ' increase. MOTION: Councilman Molina moved to approve the $9. 50 rate increase ' and the proposed rate structure and directed Staff to bring back an ordinance.. The motion was seconded by Councilman Stover and carried on the following roll call vote: ' AYES:. Councilmen Molina, Stover, Wilkins and Mayor Nelson ' NOES: Councilman Mackey ABSENT: None -2 MINUTES - ATASCADERO CITY COUNCIL- June 27, 1983 2 . City Attorney Report No. 24 . Allen Grimes reviewed the City Attorney Report. Council approved the League Legal Advocacy Committee' s recommendation to join as amicus curiae in the case of J. W. Jones Companies and Housing Part- ' ners, Ltd. vs. City of San Diego. C. UNFINISHED BUSINESS 1. Ordinance No. 68 establishing Title 9 (Zoning Regulations) of the Atascadero Municipal Code and adopting the City-wide Re- zoning Program establishing new Official Zoning Maps for the entire City and repealing all of Title 22, Chapter 19.60 of Title 19 and Chapter 1 of Title 8 of the Atascadero Municipal ' Code - second reading MOTION: Councilman Wilkins moved to read Ordinance No. 68 by title only. The motion was seconded by Councilman Mackey and unani- mously carried. Mayor Nelson read Ordinance No. 68 by title only. ' MOTION: Councilman Mackey moved to adopt Ordinance No. 68. The motion was seconded by Councilman_ Molina and unanimously carried by roll call vote. Doug Lewis felt that Home Occupations were not discussed adequately. Norman ,Ted Monson asked if Board and Care was considered under Home Occupations. Mr. Stevens stated that Board and Care is listed separ- ately. Mr. Stevens stated that applications will now be accepted but will not become effective until the ordinance comes into effect in 30 days. t D NEWI BUS NESS 1. Selection of Mayor and Mayor Pro Tern and determining term of office ' MOTION: Councilman Wilkins nominated Marjorie Mackey to serve as the next Mayor for one year. The motion was seconded by Council- man Stover and unanimously carried. ' MOTION: Councilman Wilkins nominated Bill Stover to serve as Mayor Pro Tem for one year. The motion was seconded by Councilman Mackey and carried with Councilman Molina and Mayor Nelson voting no. -3- MINUTES - ATASCADERO CITY COUNCIL - June 27, 1983 1 2 . Planning Commission selection procedures Norman :Ted Monson felt that the Commissionersshouldbe elected. MOTION: Councilman Wilkins moved to reappoint Commissioners Lilley, ' Summers, and Wentzel for four year terms. The motion was seconded by Councilman Stover and carried on the following roll call vote: AYES: Councilmen Mackey, Stover and Wilkins NOES: Councilman Molina and Mayor Nelson , ABSENT: None ' Councilman Wilkins suggested that each ,Council member draft clarifying languageforResolution No. 35-8,1 which could be considered at a later date. 3. Petition for Street Maintenance District - Sonora, Lower Pinal ' Larry McPherson stated that Staff recommends acceptance of the petition for formation of a Street Maintenance District. ' MOTION: Councilman Molina moved to approve the petition and directed Staff to proceed with the necessary steps. The motion was seconded by Councilman Wilkins and unanimously carried. tDal Caudil thanked Larry McPherson and Michele Reynolds for their assistance. ' 4 . Resolution No. 27-83 approving an Interim Budget for the 1983-84 Fiscal Year and appropriating funds therefor ' MOTION: Councilman Wilkins moved to adopt Resolution No. 27-83. The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. 5 Regulation a ion f certain adult and related businesses o ' A resident asked why an x-rated adult book store would not be permitted. ' Mr. Warden statedthat anyone can apply for a business license but if the City Council had made a finding through an ordinance as to certain types of businesses that they felt neededspecialcontrols, that some businesses could be denied after ',the proper process. -4- MINUTES - ATASCADERO CITY COUNCIL - June 27, 1983 Council concurred to study the matter further. ' Jack Owens felt that adult book stores and massage parlors are a problem and that they should be kept down to a_ normal size and located where they would not cause any problems. 6. Resolution No. 28-83 approving application for Historical Preservation Grant Mr. Warden recommended applying for the Historical Preservation Grant for the building renovation. MOTION: Councilman Wilkins moved _to ,adopt Resolution No. 28-83. The motion was seconded by Councilman Stover andunanimously carried by roll call vote. E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR AACTION i 1. City Council ' a. Mayor Nelson stated that an item passed at the May 10, 1982 , Council meeting regarding parcels created in violation of subdivision regulations was not on the agenda this May. Mr. Stevens ' stated that a draft has been circulated and if received from Staff, will be on the next agenda ' b. Mayor Nelson asked the status of the childrens pool at Atascadero Lake Park. Mr. McPherson stated that the pool is being used while the pump is being repaired or replaced. ' 2. City Attorney None 3. City Clerk None 4 City Treasurer ' None ' -5- r MINUTES - ATASCADERO CITY COUNCIL - June 27, 1983. 5 City Manager ' a. Mr. Warden stated that items to be on the ballot for the November election would have to be received by the County Clerk by July 18. b. Mr. ,Warden stated that the Area Planning Council staff is recommending that the two contract employees Mr. Khami and Mr. Di Carli, be made part of the permanent civil service structure of the County Planning Department. He recommended that they be kept on a contract basis since their function required them to represent both City and County interests., If they were full County employees their freedom from County influence would be questionable. Council agreed to vote to keep the two employees ,on a. contract basis. c. Mr. McPherson stated that another Area Planning Council agenda item was the Transit Assistance funds for a grant of $22, 000 for bus replacement and recommended our representative to vote yes. rd. Mr. Warden informed the Council that the Mayor's meet- ing will be held on July 13. He stated that part of the discussion will be the issue of Courts giving adequate fines for animal control ' violations. Also discussed will be the animal control measures and proposed increases to City contracts. e. Mr. Warden stated that reservations for the meeting on July 20, 21 and 22 in Monterey need to be turned in soon. f. Mr. Warden requested a closed session to consider labor negotiations and does not anticipate any announcements. The meeting adjourned at 9: 35 p.m. to closed session and returned to regular session at 10: 22 p.m. , at which time they adjourned. The budget hearing will be held on July 11, 1983, at 6 : 30 p.m. ' Recorded by BARBARA NORRI ,, City Clerk By: I a_tz� J 4 J, ATSY HESTER Deputy 'City Clerk ' -6-