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HomeMy WebLinkAboutMinutes 100884 MEETING AGENDA -1 DATE �O4��ITEM _�� MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 8, 1984 Atascadero Administration Building Page 1 The regular meeting was called to order at 7 : 30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Invocation was given by Councilwoman Norris. ROLL CALL Present: Councilman Molina, Handshy, Councilwoman Norris and Mackey and Mayor Nelson. Absent: None STAFF Ralph Dowell, Acting City Manager; Allen Grimes, City Attorney; Mike Hicks, Fire Chief; David Catherina, Recreation Coordinator; Bud McHale, Police Chief; Henry Engen, Planning Director; Georgia Ramirez, Acting City Clerk and Larry McPherson, Public Works Director. PUBLIC COMMENT None COUNCIL COMMENT Councilwoman Norris introduced Carlos, the :foreign exchange student from the Basque Country who is staying with her family. Councilman Molina said he regrets that Larry McPherson is leaving. Mayor Nelson, Councilwoman Mackey and Councilman Handshy all agreed that Larry will be missed and thanked him for all his help during the past 4a years in Atascadero. Mayor Nelson extended an invitation from the Self Help Housing Group for a dedication ceremony on October 19th at 4 p.m. at Cayucos Avenue in Templeton. He also read a letter from the Friends of the Library of Atascadero asking for the support of the City Council in applying for a grant for the new library. CONSENT CALENDAR 1. Minutes of the regular meeting of September 10, 1984 (RECOMMEND` APPROVAL) 2. Minutes of the Special Adjourned meeting of September 29, 1984 (RECOMMEND APPROVAL) 3. Treasurer' s Report —Finance Director' s Report (8/1/84 to 8/31/84) (RECOMMEND APPROVAL) -1 Minutes - Atascadero City Council Regular Meeting October 8, 104 Page 2 4. Consideration of Claim for Del A. Robasciotti (RECOMMEND REJECTION) 5. Lot Line Adjustment 8-84, 5290 Barrenda, Paul Baum, to adjust lot lines to allow an existing house and garage to be on the same lot (RECOMMEND APPROVAL) 6. Lot Line Adjustment 11-84 , 4522 San Jacinto Avenue, Jon Langford, to adjust the lot lines to enable a residence and garage to be on the same lot (RECOMMEND APPROVAL) 7. Tentative Tract Map 21-84, 5030 Olmeda Avenue, Chester Simon, to create four airspace condominium lots and one common lot (RECOMMEND APPROVAL) 8. Acceptance of Bid No. 84-11 for Softball Field Lighting Fixtures (RECOMMEND ACCEPTANCE OF BID) 9. Acceptance of Bid No. 84-12 for 5 ton roller (RECOMMEND ACCEPTANCE OF BID) 10. Acceptance of Bid No. 84-15 for earthwork (San Fernando Road) (.RECOMMEND ACCEPTANCE OF BID) 11. Acceptance of Bid No. 84-17 for Storm Drains (RECOMMEND ACCEPTANCE OF BID) 12. Acceptance of Dial-A-Ride Service Contract for Fiscal Year 1984-85 13. Acceptance of Lot Line Adjustment 5-84 (Final Map) at 2970 Ramona - Hoffman (Hilliard) 14. Acceptance of Final Map at 830401:1 at 8455 Del Rio/136003600 Santa Ana - Gibaut (Twin Cities Engineering) 15. Acceptance of Final Map 11-84 at 4600 Portola - Poole/Danner (Twin Cities Engineering) 16. Consideration of Staff Report for Lot Line Adjustment 12-84 at 9155- 9195 San Diego Road Benrich (Kennaly) 17. Tentative Parcel Map 22-841 9070 La. Paz Lane (Lot 40, . Block 66) , Alan Volbrecht (Donald and Mary Jane Geissinger) , to create two lots of 3. 10 acres from 6 .20 acres (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 18 . Tentative Parcel Map 23-84, 9700 E1 Camino Real (Lot 3, Block 11). , Rex Hendrix (Westland Engineering) , to allow the division of a 2.5 acre parcel into four lots of .62 acres each (RECOMMEND APPROVAL OF PLANNING COr'MISSION RECOMMENDATION) -2- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 8, 1984 Page 3 Acting City Manager, Ralph Dowell, asked that item 18 be withdrawn and put on the agenda as item C-3. MOTION: By Councilwoman Norris, seconded by Councilwoman, Mackey to approve Consent Items A 1-17 . Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Continued appeal of Planning Commission' s Conditions of approval on Tentative Parcel Map 6-84, 8870 San Gabriel Road, (Ptn. 1 Lot 11, Block 3'3) Davis (Kennaly Engineering) Henry Engen, Planning Director gave staff report. John Kennaly gave his presentation. Pat Silviera, Ken Muckers, Pam .Ramirez and Robert Brown all spoke against the appeal. Allen Grimes, City Attorney, advised that the October 4th submission of additional information by the applicant' s engineer was too late to be timely under the municipal code. MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to deny the appeal and approve the map subject to the findings and conditions of the Planning Commission. Passed by 3: 2 vote with Councilman Handshy and Molina voting no. Councilman Molina felt the 20% reduction criteria was too vague and could lead to arbitrary decisions. Mayor Nelson suggested that staff review for improved specifics. 2. Report of the City Attorney - No. 30 City Attorney, Allen Grimes, reviewed cases of Larrision v. City of Atascadero, Gearhart v. City of Atascadero, Daniel/Kelly v. City of Atascadero and People v. Latham. 3. Report of the Recreation Advisory Board concerning proposed agree- ment for performance of Equestrian Area Staff report was given by Ralph Dowell, Acting City Manager. He asked that this item be put on agenda for meeting in November. Buzz Jamrog spoke for the Atascadero Horse Advisory Committee. Allen Grimes, City Attorney, expressed his concerns about the length of the contract and the matter of insurance. Ms. Jamrog is to call the City Manager' s office regarding a meeting to discuss a revised draft of the agreement with Ralph Dowell, Acting City Manager and Allen Grimes, City Attorney. The revised agreement will be brought back to the Council in November.. -3 MINUTES - ATASCADERQ CITY COUNCIL Regular Meeting October 8, 1984 Page 4 C. UNFINISHED BUSINESS 1. Consideration of Resolution No. 7-84 concerning onsite drainage problems (Scott and Susan Vasgird) Henry Engen, Planning Director, gave staff report. John Kennaly gave his presentation. He said that he has completed a detailed analysis of the regional drainage problem and before he can continue ,with the design project for his site and something that the neighbors can agree on, he will have to get some information on what the city's intentions in the area are. Mayor Nelson asked John Kennaly to come to meet with Ralph Dowell and Larry McPherson in an attempt to work this situation out. With respect to the Planning Commission' s resolution . on-the__issup, Allen Grimes, City Attorney, stated that the subject was a matter of City Council jurisdiction. Councilman Molina said he didn' t appre- ciate the interference of the commission in a policy matter. No action was taken on the resolution. Scott Vasgird said he wanted to make sure that this is going to be resolved and not put off again. Mayor Nelson reassured him that the City is working on it. Mr. Vasgird asked what kind of assurance did he have from the City that this problem is going to be taken care of. Mayor Nelson told Mr. Vasgird that the City will work with him and make sure it gets resolved. 2. Discussion .of appointments of City Treasurer/City Clerk Mayor Nelson asked that this item be brought back at the next Council Meeting for discussion. 3. Tentative Parcel Map 23-84, 9700 El Camino Real (Lot 3, Block 11) Rex Hendrix (Westland Engineering) to allow the division of a 2.5 acre parcel into four lots of .62 acres each. Staff report was given by Henry Engen, Planning Director. When going over the matter this morning in staff review, they felt that it should be pulled to strengthen the language on Item 4 . The public improvements required by conditions one and two may be deferred for a period not to exceed one year beyond the date of recordation of final map. The following language is proposed to be added: "subject to the posting of a performance guarantee to the satisfaction of the City Attorney" . -4- i • MINUTES -- ATASCADE.RQ CITY COUNCIL Regular Meeting October 8, 1984 Page 4 C. UNFINISHED BUSINESS 1. Consideration of Resolution No. 7-84 concerning onsite drainage problems (`Scott and Susan Vasgird) Henry Engen, Planning Director, gave staff report. John Kennaly gave his presentation. He said that he has completed a detailed analysis of the regional drainage problem and before he can continue with the design project for his site and something that the neighbors can agree on, hewillhave to get some information on what the city's intentions in the area are Mayor Nelson asked John Kennaly to come to meet with Ralph Dowell and Larry McPherson in an attempt to work this situation out. With respect to the Planning Commission' s resolution on-the -issue, Allen Grimes, City Attorney, stated that the subject was a matter of City Council jurisdiction. Councilman Molina said he didn't appre- ciate the interference of the commission in a policy matter. No action was taken on the resolution. Scott Vasgird said he wanted to make sure that this is going to be resolved and not put off again. Mayor Nelson reassured him that the City is working on it. Mr. Vasgird asked what kind of assurance did he have from the City that this problem is going to be taken care of. Mayor Nelson told Mr. Vasgird that the City will work with him and make sure it gets resolved. 2. Discussion of appointments of City Treasurer/City Clerk Mayor Nelson asked that this item be brought back at the next Council Meeting for discussion. 3. Tentative Parcel Map 23-84, 9700 E1 Camino Real (Lot 3, Block 11) , Rex Hendrix (Westland Engineering) to allow the division of a 2 .5 acre parcel into four lots of .62 acres each. Staff report was given by Henry Engen, Planning Director. When going over the matter this morning in staff review, they felt that it should be pulled to strengthen the language on Item 4 . The public improvements required by conditions one and two may be deferred for a period not to exceed one year beyond the date of recordation of final map. The following language is proposed to be added: "subject to the posting of a performance guaranteetothe satisfaction of the City Attorney" . -4- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 8, 1984 Page 5 Terry York of Westland Engineering, said he didn't have any problems with that but would like the Council to consider on item No. 2 after the first sentence to add "or as deemed necessary by the City Engineer" . Larry McPherson said that was the intent of the existing language. MOTION: By Councilman Molina, seconded by Councilwoman Norris to approve with the change in Item 3 . Passed unanimously. D. NEW BUSINESS 1. Supplementary Budget Request: Building 'Inspector _Radio System MOTION: By Councilman Molina, seconded by Councilman Handshy to transfer $1,600 from contingency Reserve to Account 01-20-3416 . Passed unanimously by roll call vote. 2. Request for funds for Plan Checks/Part-Time Inspector MOTION: By Councilman Molina, seconded by Councilwoman Mackey to approve transfer of $39, 700 from Contingency Reserve to account 01-20-2240- 0014 . Passed unanimously by roll call vote. 3. Disposition of Surplus Property - Ordinance No. 85. MOTION: By Councilwoman Mackey, seconded by Councilman Molina to read by title only. Ordinance No. 85 was read by Mayor Nelson by title only. MOTION: By Councilman Molina, seconded by Councilwoman Norris that this constitutes first reading. Passed unanimously. 4 . Revision of Municipal Code Provision relating to Office of City Manager Ordinance No. 86 After much discussion, Mayor Nelson appointed a committee of Councilman Handshy, Mayor Nelson, Ralph Dowell and Allen Grimes to discuss changes in this ordinance and bring back at next council meeting. 5. Proposed Ordinance No. 87 providing that no mandatory duty is im- posed by the Municipal Code for the acts of the City, Council, Boards, Commissions, Officers, Agents, or Employees MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read by title only. Mayor Nelson read Ordiance No. 87 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Mackey that this constitutes first reading. Passed unanimously. -5- 0 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 8, 1984 Page 6 6 . Bid No. 84-16 Fire Station Addition Acting City Manager, Ralph Dowell, recommended to council that they reject bids and re-evaluate again during mid-year budget study or delay until next year. MOTION: By Councilman Molina, seconded by Councilman Handshy to reject the bids. Passed unanimously. 7. Proposed Resolution No. 53-84 relating to charges for the sale and maintenance of the Atascadero Municipal Code MOTION: By Councilman Molina, seconded by Councilwoman Norris to adopt Resolution No. 53-84 . Passed unanimously by roll call vote. 8 . Processing of Proposed Resolutions/Propositions received from other agencies MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to support Proposition 30. Passed 3 : 2 by roll call vote with Councilman Molina and Handshy voting no. MOTION: By Councilwoman Norris, seconded by Councilwoman Mackey to support Proposition No. 39. Failed by vote of 2: 3 with Councilman Handshy, and Molina and Mayor Nelson voting no. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL Councilman Handshy said he attended the October 4th meeting of LAFCO re- garding the Sphere of Influence. He said he was still disturbed over this meeting. Said it did not appear to be a Sphere of Influence Meeting but an Annexation Hearing. Councilwoman Mackey said she thought if someone wanted to apply for the City Clerk position they should come forward to apply for the position. Councilwoman Norris asked the 'City Attorney about a conflict of interest if she is a member of the Chamber of Commerce and sitting on the City Council. She was advised by Allen Grimes, City Attorney, that she could not vote in connection with contracts with the Chamber of Commerce. Mayor Nelson asked Larry McPherson, Public Works Director, about the sound system for the rotunda. He responded that speakers have been built, just need to be installed. -6- 6 i MINUTES - ATASCADERO CITY COUNCIL Regular Session October 8, 1984 Page 7 Councilwoman Norris said she brought tapes from the League of California Cities and they are available in the City Clerk' s office. Mayor Nelson said that he has been receiving positive responses from citizens of Atascadero about the change of attitudes at City Hall. CITY ATTORNEY None CITY CLERK None CITY TREASURER None CITY MANAGER For a period of three months, the Planning and Building personnel will not be available to the public at the counter from 4-5 p.m. each day. A meeting on Annexation #4 by LAFCO will be held on October 17, 1984. Meeting adjourned at 10:16 P.M. to closed session. Reconvened from closed session at 11:45 p.m. BANK OF AMERICA MOTION: By Councilman Molina, seconded by Councilwoman Norris, that the city, after review of the Bank of America ' s final offer of $275,000. 00 for the local Bank of America Building, directs the Acting City Manager to advise the Bank of America real estate negotiator by letter that the City has no further interest in purchase of this property. Passed unanimously. RECREATION DIRECTOR MOTION: By Councilman Handshy, seconded by Councilwoman Mackey to authorize the Acting Cit Manager to contact Bob Best Y g t in order to make an offer of employment for the position of Recreation Director. Passed unanimously. MEETING ADJOURNED AT 11:50 P.M. SPECIAL NOTE: Taping was not started until 8 :45 p.m., therefore the minutes were recorded on tape starting with item C-1. Recor d by: o ACTINGACITCLERK � • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1