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Home My WebLink AboutMinutes 031185 COU L MEETING: 3/25/85 MINUTES - A.TASCADERO CITY COUNCIL AGENDA ITEM NO. : A - 1 Regular Meeting March 11, 1985 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 Larry Etter of the Community Church. ROLL CALL Present: Councilwoman Mackey and Norris; Councilman Handshy and Molina and Mayor Nelson, Absent: None STAFF Mike Hicks, Fire Chief, Acting City Manager, Acting Finance Director and Acting Public Works Director; Grigger Jones, City Clerk; Georgia Ramirez, Deputy City Clerk; Allen Grimes, City Attorney Bud McHale, Police Chief Henry Engen, Planning Director; Bob Best, Recreation Director; and John Wallace, Contract Engineer. Mayor Nelson presented the Camp Fire Girls with a Proclamation proclaiming March 17 - 23, 1985 as Camp Fire Birthday Week and March 23, 1985 as Camp Fire Friendship Day. COUNCIL COMMENT None PUBLIC COMMENT Terry Graham served notice of intention to recall to Councilman Handshy and Molina and Mayor Nelson. Others from the audience expressing their concerns about the council were: Joe Nile, John Cole, Bill Rempel, Arthur Cunningham, Russell Goodrich, and David Black. Those speaking in support of the council were: Donald Curtis, Ed Halliday, Maxine Halliday, Jim Hahn and John Kunes. A. CONSENT CALENDAR 1. Minutes of the Regular Meeting of February 25, 1985. 2. Tentative Parcel Map 1-85; 6599 San Gabriel Rd. ; Peterson/Kennaly; (RECOMMEND ACCEPTANCE OF PLANNING COMMISSION RECOMMENDATION) 3. Tentative Parcel Map 2-85; 8201 San Dimas Rd. ; Landis/Twin Cities Engineering (RECOMMEND ACCEPTANCE OF PLANNING COMMISSION RECOMMENDATION) n Claim of Sharon and victor Wright for damages for $50,000. (RECOMMEND DENIAL) MINUTES ATASCADERO CITY_*bNCIL Regular Meeting March 11, 1985 Atascadero Administration Building Page 2 5 . Claim of Michael Keller for damages for an unknown amount. (RECOMMEND DENIAL) MOTION: By Councilman Molina, seconded by Councilman Handshy to approve items A 1-5 of the Consent Calendar. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing to Consider Zone Change 2-85 - Request initiated by the Planning Commission to Revise Zoning Ordinance Section 9-4 .143b and 9.4 .141a to Allow Grading permits on Slopes in Excess of 30% to be Approved through a Precise Plan Approval by Staff. Request Also Includes Correcting a Printing Error in Section 904 .141a. Proposed Ordinance No. 99 (First Reading) Staff report was given by Henry Engen, Planning Director. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read by title only. Passed unanimously. Ordinance No. 99 was read by title only by Mayor Nelson. MOTION: By Councilwoman Mackey, seconded by Councilman Handshy that this constitutes first reading. Passed unanimously. 2. Proposed Resolution 58-84 and 59-84 - Acceptance of portions of Los Altos Road and San Marcos Road into the City Street Maintenance System. Staff report was given by John Wallace, Contract Engineer. MOTION: By Councilwoman Mackey, seconded by Councilman Handshy to bring this item back to the next council meeting agenda Passed unani- mously. 3 . Proposed Resolution 6-85 - Revised Fee Schedule for Planning Staff report was given by Henry Engen, Planning Director. MOTION: By Councilman Molina, seconded by Councilman Handshy to approve Resolution 6-85 . Passed unanimously by roll call vote. C. UNFINISHED BUSINESS 1 1. Proposed Ordinance No. 100 Amend Zoning from RSF-Y Single Family Residential to RMF (6') PD Multiple Family Residential Planned Development Overlay (24 dwelling units) 8800 El Centro Ave. ; Yeomans Lindsey('Cont'd from 2/25/85) (FIRST READING) Staff report was given by Henry Engen, Planning Director. -2- MINUTES - ATASCADERO CITY*UNCIL Regular Meeting March 11, 1985 Atascadero Administration Building Page 3 MOTION: By Councilman Molina, seconded by Councilman Handshy to read by title only. Passed unanimously. Ordinance, No. 100 was read by Mayor Nelson. MOTION: By Councilman Molina, seconded by Councilman Handshy that this constitutes the first reading. - Passed 3 : 2 with Councilwoman Norris and Mackey voting no. Speaking against the rezoning were Bill Rempel who stated,,a referendum petition was being circulated, and Art Cunningham, Dave Grimes and Joe Nile. 2. Ordinance No. 98 - Revise the Zoning Ordinance Text Modifying the Rear Setback Requirement in Commercial and Industrial Zones Which are Adjacent to Residential Zones, g to allow Waiving the Ten-Foot Setback for Buildings, or Portions of Buildings, Twelve-Feet in Height or Less Within 10-feet of the Real Property Line (Cont'd from 2/25/85) Second Reading Staff report was given by Henry Engen, Planning Director. Allen Grimes, City Attorney, responded to remarks made by Ed Chidlaw at the previous council meeting regarding a possible conflict of interest. Mr. Ed Chidlaw expressed his concerns about this ordinance. MOTION: By Councilman Molina, seconed by Councilman Handshy to read by title only. Passed unanimously. Ordinance No. 98 was read by title only by Mayor Nelson. MOTION: By Councilman Molina, seconded by Councilman Handshy that this constitutes second reading and for adoption of Ordinance No. 98 . Passed 4 :1 by roll call vote with Councilwoman Mackey voting no. 3. Police Facility Acquisition Verbal report - McHale Police Chief Bud McHale gave staff report and suggested that negotiations for the facility be discussed in closed session. 4. Historic Restoration Grant- Verbal Report - John Wallace Bob Best,, Recreation Director, stated that the City will receive grant funds of $300, 000 from Proposition 18 funds. John Wallace, Contract Engineer, suggested that the City go to bid by July 1, 1985 and execute the contract with the State for these funds. -3- MINUTES - ATASCADERO CITY IPUNCIL Regular Meeting March 11, 1985 Atascadero Administration Building Page 4 5. Community Development Block Grant Proposed Agreements (95 Unit Senior Congregate Rental Project) Henry Engen, Planning Director, gave staff report. MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to direct staff to execute the two documents for approval. Passed unanimously. D. NEW BUSINESS 1. Proposed Resolution 19-85 - Confirming the Appointment of Fire Chief Mike Hicks as Acting City Manager, Acting Public Works Director and Acting Finance Director MOTION: By Councilman Molina, seconded by Councilman Handshy to approve Resolution No. 19-85. Passed unanimously by roll call vote. 2. Police Car Replacement —Transfer of Funds from Contingency Fund Police Chief Bud McHale gave staff report. He recommended that $9, 100 be transferred from contingency fund. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to approve the transfer of $9, 100 from contingency fund. Passed unanimously by roll call vote. 3 . Acceptance ofPlanningCommission Resolution-2-8`5 - submittal of resignations. Councilwoman Mackey read a copy of her proposed resolution regarding the planning commission. MOTION: By Councilman Molina, seconded by Councilman Handshy to accept Resolution 2-85. Passed 4 :1 by roll call vote with Councilwoman Mackey voting no 4 . Proposed Urgency Ordinance No. 10`2 Council' of the City of Atascadero Designating the City Council to Act as the—City' s Planning Agency Pursuant to Government Code Section 65100 (a) . Henry Engen, Planning Director, gave staff report suggesting that the City Attorney's office draft ordinance be revised to have the Ordinance expire June 1, 1985. MOTION: By Councilman Molina, seconded by Councilman Handshy to read by title only. Passed unanimously. Ordinance No. 102 was read by title only by Mayor Nelson. MOTION: By Councilman Molina, seconded by Councilman Handshy for adoption of Ordinance No. 102 . Passed 4 :1 by roll call vote with Councilwoman Mackey voting no. -4- MINUTES - ATASCADERO CITY#UNCIL Regular Meeting 0 March 11, 1985 Atascadero Administration Building Page 5 Mayor Nelson said he would like the Council to interview for the positions of Planning Commission within a month. Applications for this will be made available at the City Clerk's office and ads will be placed in the Atascadero News. MOTION: By Councilman Molina, seconded by Councilman Handshy that Wayne La Prade act as an advisor to the Council duringPlanning Commission Meetings. Passed unanimously. 5. Draft Ordinance No. 101 - Municipal Code Amendment'Regarding Re- organization of the Planning Commission and Recreation Commission After much discussion by the councilmembers, it was decided to bring this back as a public hearing at the next council meeting. 6 . Proposed Resolution Number 20-85 - New stop Si n -Installation (Los Gatos/San Marcos and San Gabriel San Marcos Staff report was given by John Wallace, Contract Engineer. MOTION: By Councilman Handshy, seconded by Councilwoman Mackey to approve Resolution 20-85.- Passed unanimously by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION i CITY COUNCIL Councilwoman Mackey asked about the budget review meeting that was scheduled for Saturday, March 16 . This is being cancelled but the Council will meet at the next council meeting at 7 p.m.. to discuss budget items. Planning staff was requested to bring forward the cost of an ordinance enforcement contract employee. Mayor Nelson asked Bud McHale, Police Chief, about the "sweep" by the animal services. Mr. McHale said that there were three sweeps done last week and more to follow in the next couple of weeks. He will have a report for the Council at the next meeting. Mayor Nelson requested that the Council set a study session date for the proposed business license ordinance at the March 25th meeting. CITY ATTORNEY Allen Grimes, City Attorney, reported that the city had been involved in an appeal before the Court of Appeals on the case against the City by Larrison and 8 other police officers. The City won on every point that was initiated. So unless the officers decide that they want to petition for a hearing by the Supreme Court of California and the Court would grant it, which is unlikely, the case is closed. CITY CLERK Grigger Jones, City Clerk, stated that for the public there are copies of the conflict of interest forms of all the public officers. These are available in the City Clerk ' s Office. -5- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting March 11, 1985 Atascadero Administration Building Page 6 CITY TREASURER None CITY MANAGER Mike Hicks, Acting City Manager, stated that there may be an announce- ment after the closed session. MEETING ADJOURNED AT 10:14 P.M. TO A CLOSED SESSION. CLOSED SESSION ADJOURNED AT 11:25 P.M. MEETING ADJOURNED AT 11: 26 P.M. RECORDED BY: F t GR1rGGER JQVEA, Ci lerk