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HomeMy WebLinkAboutMinutes 082791 ATASCADLRO CITY COUNCIL MINUTES AUGUST 27, 1991 Mayor Shiers called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Lilley, Borgeson, Nimmo, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki'" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Andy Takata, Director of Community Services ; Mark Joseph, Administrative Services Director; Bud McHale, Police Chief and Mary Redus Gayle, Assistant City Attorney COUNCIL COMMENTS: Councilwoman Borgeson extended congratulations to the Atascadero Fire Department Muster Team for winning first place once again in the annual Fire Department Muster Competition. She also applauded members of the Atascadero Police Department who had participated and secured honors in the 1991 Annual Police Summer Games. COMMUNITY FORUM: Tom Bench, 7503 Carmelita, reported that sometime back he had received a lot line adjustment. He had recently learned, he said, that during this process the Planning Department had made the engineers put "creek reservation" on the map after he himself had already signed it and asked for an explanation. Marj Mackey, 5504-A Tunitas, announced that the Society of Architectural Historians was planning a meeting in Atascadero on October 14, 1991 at 10:00 a.m. as part of a. three-day event including lectures and tours. She indicated that the public was invited. CCS/27/91 Page 1 A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council\North Coastal Transit - Councilwoman Borgeson reported that the Area Council had met on August 14, 1991 and approved three Proposition 116 Bikeway Grant applications; one of which was for the E1 Camino Real rehabilitation project. She thanked Greg Luke, Public Works Director, for his efforts in submitting documentation. In addition, she indicated that the Area Council had also urged the Social Services Transportation Units to coordinate; a substantial savings in costs could be saved annually if this is done. Ms. Borgeson announced that she would report on the meeting of the North Coastal Transit at the next Council meeting. 2. Recycling Committee - Mayor Shiers reported that the committee had met the previous Thursday and had formed a subcommittee to compile educational video tapes for use by the school district. An entry for Colony Days was also discussed. 3. Economic Opportunity Commission - Councilman Dexter reported that the board had met on Thursday, August 22, 1991 and provided a brief overview of the various service agencies it oversees. He indicated that the Head Start Program is gearing up for the school year. 4. Traffic Committee - Councilman Dexter reported that the committee had met and would be making recommendations on a few items to the Council soon. 5. Downtown Interim Sign Committee - Councilman Lilley reported that the committee had met with owners of some of the establishments in the downtown and the result would be discussed later in the meeting, under Item #D-3. 6. County Water Advisory Board - Councilwoman Borgeson indicated that the board had adjourned for the summer and meetings would resume soon. 7. Economic Round Table- The City Manager requested that a special presentation from the Round Table to the City Council was to be scheduled for September 24, 1991 at 6:00 p.m. Councilman Lilley added that the committee was looking for some feedback from the Council. S. Colony Roads Committee - The City Manager indicated that a report would be given later in the meeting, under Item CCS/27/91 Page 2 #C-1. 9. County-wide Fee Study - Councilman Nimmo reported that the Council had attended a special meeting earlier in the day on the County' s proposed Public Facilities Financing Plan. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar as follows: 1. CITY COUNCIL MINUTES - AUGUST 13, 1991 2. CONSOLIDATED TREASURER'S REPORT - JULY, 1991 3. FINAL PARCEL MAP 13-88, 6325 TECORIDA - Subdivision of 1.42 acres into four parcels containing 0.32, 0.34, 0.52 and 0.23 acres for commercial use (Grinnell/Cuesta Engineering) 4. TIME EXTENSION FOR TENTATIVE PARCEL MAP 04-89, 7445 CORTEZ - Request to allow subdivision of 8.26 acres into four lots (Larsen/Cuesta Engineering) 5. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Request to create a four-unit residential condominium project (Bough/Boud & Associates, Agent) 6. TENTATIVE TRACT MAP 8-91,7605 MORRO ROAD - Request to create a commercial condominium project consisting of six airspace units for professional/medical office use (Golden West Devel- opment/Shannon) 7. RESOLUTION NO. 82-91 - REAPPOINTING (3) MEMBERS TO THE CITY'S RECYCLING COMMITTEE S. RESOLUTION NO. 83-91 - AUTHORIZING THE CALIFORNIA STATE DE- PARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS ON BEHALF OF THE CITY OF ATASCADERO 9. AWARD OF BID #91-9 FOR PHOTOCOPIER 10. PROPOSED CUSTOMER RELATIONS TRAINING 11. ASSISTANT CITY ATTORNEY DESIGNATION 12. AWARD OF BID #91-11 FOR PURCHASE OF TWO (2) DIAL-A-RIDE BUSES 13. AWARD OF BID #91-12 FOR INTERIOR PAINTING OF CITY HALL CCS/27/91 Page 3 Councilwoman Borgeson asked that Item #5 be removed for discussion. The City Manager requested that Item #9 be continued. Councilman Lilley pulled Item #10 for clarification. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to approve the Consent Calendar with the exception of Items 5, 9 and 10; motion carried unanimously by roll call vote. Re: Item #5. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Request to create a four-unit residential condominium project (Bough/Bond & Associates, Agent) Councilwoman Borgeson indicated that the public may wish to speak on this matter and asked the Community Development Director for a report. Mr. Engen presented an overview of the project and reported that the Planning Commission had discussed, at length, possible conversion of a proposed loft into a bedroom. He stated that the Commission had modified Condition of Approval #17 to discourage such conversion. Councilman Nimmo questioned why tree protection measures were being imposed upon specific trees on the site which are not included in the Tree Ordinance's list of protected trees. Mr. Engen responded that the applicant was planning on saving these trees anyway and the provision simply guaranteed that they would. Councilman Nimmo disagreed with this condition. Councilwoman Borgeson voiced concern for the possibility of the den being converted into a bedroom and for the protection of the density standard. Mr. Engen reported that the project was not right at density; the venture could consist of five units, he noted, but was being designed for only four. Councilman Lilley indicated that he was impressed and content with the Planning Commission' s decision. The Community Development Director responded to inquiry from Councilman Dexter regarding fencing between the project and the library by explaining that the developer had resolved to go with landscaping to achieve natural screening. Public Comment: Joe Boud, agent for the applicant, described the project design as one for an active, senior lifestyle. He indicated that there was no intention to sneak in a bedroom and that the den was designed to be just a den. Mr. Boud provided additional support for approving the project and responded to direct questions from Council. CC8/27/91 Page 4 Councilwoman Borgeson reported that she had spoken with staff regarding her concerns and asked that standards to ensure against illegal conversions be tightened up. Mr. Engen suggested this as a topic for discussion at a joint session of the City Council and the Planning Commission. Mayor Shiers indicated support for the additional condition imposed by the Planning Commission and for the project as a whole. MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve Tentative Parcel Map 06-91 based on the Findings and subject to the revised Conditions of Approval; motion carried 5:0 by roll call vote. Re: Item #10. PROPOSED CUSTOMER RELATIONS TRAINING Councilman Lilley indicated that he wanted more information on this matter. The City Manager explained that the emphasis was to be on public relations and how to deal properly with the public in a courteous, professional manner. He confirmed that members of staff and the Council could attend. Councilman Dexter and Councilwoman Borgeson voiced support. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to approve Item #B-10; motion unanimously carried by roll call vote. C. HEARINGS/APPEARANCES: 1. ROAD ABANDONMENT 01-91 - Request to abandon a portion of the Curbaril Avenue right-of-way at 9325 Curbaril Avenue (Gear- hart/Sierra Pacific Engineering) A. Resolution No. 85-91 - Summarily vacating a portion of a road pursuant to Streets & Highways Code; Part 3, Public Streets, Highways & Service Easements Vacation Law; Chap- ter 4, Summary Vacation; 8333 (being a portion of the Curbaril Ave. right-of-way) Henry Engen provided background and an overview of recommendations made by staff, the Planning Commission and by himself. He explained that the Commission had been concerned about abandoning the street prematurely in view of pending development of the Circulation Element, together with the creation of an additional marginal building site. The City Engineer, he reported, had submitted a memo reflecting his confidence that right-of-way is sufficient to meet any foreseeable widening of the road and added that although he believed the advancing road abandonment to be CC8/27/91 Page 5 appropriate; potential lot subdivision would not be wise. Mr. Engen then responded to questions from Council. He confirmed that the matter did not relate to the legal issues surrounding the "Wells Fargo" roads and that the property was not in a "Cease and Desist" area. He also stated that construction of a bridge on Curbaril over the Salinas River had not been a factor. The Community Development Director added that the total size of the two lots, if merged, would be 14,975 square feet. Public Comments: Eric Greening, 7365 Valle, urged Council to delay making a decision on the abandonment in light of pending decisions on the projected relocation of Highway 41. He stated that Curbaril is still being considered as an alternative and a decision on the road abandonment would be premature until all factors are known. Council discussion followed. Councilman Nimmo and Councilman Lilley indicated support for the Community Development Director's recommendation. Mayor Shiers commented that he did not see the necessity of abandoning that portion of Curbaril. Councilwoman Borgeson preferred that the matter be continued until after the Circulation Element has been completed and the General Plan updated. Responding to a question from Councilwoman Borgeson, the City Attorney explained that the street vacation procedure set forth in the Streets and Highways Code does not involve property abandonment or compensation for the road abandonment. Councilman Dexter shared concern that a lot might be created without a proper septic system. The Community Development Director indicated that the owner could tear down the present house and have two, separate building lots. He explained that, in his view, the best option would be to erase the lot line. The applicant, he reported, could be required as a condition of the abandonment to merge the two lots into one. Public Comment: Kelly Gearhart, applicant, explained that presently both lots could be built without the abandonment. He stated that he wanted to obtain the land so he could do the lot line adjustment and clarified that he did not want to merge the lots. He asserted that he was not going to give up a lot valued at about $75,000 to get a little bit of road abandonment and that if he did not get it, he would still build a house, or tear the existing one down and build two. Either way, he continued, he would develop both lots with or without the abandonmentand declared that the Council could not CC8/27/91 Page 6 stop him from building a house. Councilwoman Borgeson asked Mr. Gearhart to confirm whether or not he had requested the abandonment. The applicant indicated that he had. Mayor Shiers remarked that the land may be of use to the City in the future. He stated that he did, however, prefer to deal with the matter rather than continue it; other members of Council agreed. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to adopt Resolution No. 85-91 with the pre-condition that the lots are merged before the abandonment is granted; motion carried unanimously by roll call vote. D. REGULAR BUSINESS: 1. ATASCADERO ROADS Before presentation of Item A, Councilwoman Borgeson asked for clarification from the City Manager about the reports scheduled to follow. Mr. Windsor reported that Mary Redus Gayle, Assistant City Attorney, would be giving a status report on her research on Colony Roads. The second item, he explained, was the status report on the consultant's work to date on rural road policies and the third item would be a look at various methods for financing improvement districts. The City Manager indicated that staff was hoping for some comments from Council to learn what particular methods they might support. He also advised that in light of the absence of the Public Works Director, specific roads in the "3-F Meadows" area would not be addressed at this time. A. Colony Roads Ownership - Status Report of Inventory The Assistant City Attorney, using a large, colored map of Atascadero, provided an in-depth report of what she had learned after having examined over 6,000 deeds. The map illustrated the original subdivisions of Atascadero and Atascadero Colony. She described the various categories of roads illustrated on the map as follows: (1) those already in the City street system, (2) roads which City staff have preliminarily determined to be constructed in the very near future, (3) roads which are to be incorporated into the City system in five to ten years, (4) privately-owned streets and (5) "paper" roads that appear on subdivision maps prepared by E.G. Lewis which have not been built and may never be constructed. Ms. Gayle gave a historical overview of what happened over the years after the City's founder, E.G. Lewis, went bankrupt in the late 1920'x. Ms. Gayle explained that Mr. Lewis had sold numerous CC8/27/91 Page 7 lots by land contract sales, a form of financing no longer commonly used, which grants title to the owner only after final payment has been made. She reported that when Mr. Lewis went bankrupt, a lawsuit was filed by Oscar Willet, an attorney who represented many of those who had purchased their homes from E.G. Lewis and who were concerned for how they would obtain final title to their property. A trust was then set up for which Mr. Willet was the first trustee, she reported. Continuing, Ms. Gayle related how it was that Wells Fargo Bank received its' interests in local roads and riverways. She indicated that Mr. Lewis had executed several notes and deeds of trust to the Anglo-California National Bank and some of them eventually were foreclosed. Many of the deeds granted by Mr. Lewis, his successors or the Bank, she said, had a number of restrictions, including reservation of rights to all title and interest in the roads, mineral rights, groundwater rights, parklands and some river parkways. She advised that through the years successor trustees have been deeding out, at request, right- of-ways; thus creating situations where individual lot owners possess one-half of the road. Ms. Gayle explained that no complete record is available of what the trustees have granted, nor of what Wells Fargo/Crocker National Bank has deeded out. She noted that she hoped to have, by the middle of October, knowledge of which roads have been deeded out and where there is private ownership and dedication is not possible. The Assistant City Attorney revealed a plan that had been worked out during negotiations with the Colony Roads Committee, Wells Fargo Bank and Mr. Gordon Davis, current trustee. This plan, she said, would be to determine who has private title to roads and then go into Court under the existing lawsuit filed over which the Court still has jurisdiction. She continued that a request would be made to the Court to make the City of Atascadero, Wells Fargo Bank and the County, if they chose to, parties or intervenors to that lawsuit. She advised that, under this plan, the City would file petitions for various kinds of declarations from the Court and, using the map again to illustrate, explained in more detail. Ms. Gayle reported that there were additional restrictions applied to the deeds relating to racial discrimination, the sale of alcohol, river and park properties, and mineral and water rights. These, she explained, also needed to be resolved. She added that for clarification purposes, a request would be made to the Court to declare all groundwater rights vested in Atascadero Mutual Water Company. Ms. Gayle predicted that the Court will indicate title to the underlying roads not already deeded out to belong to the adjacent land owners to the middle of the street, subject to the offer of CC8/27/91 Page 8 dedication for public easement over those roads to the City. Once accepted by the City, she added, maintenance would then become the responsibility of the City as well as, quite probably, the liability for road uses. She noted that she would proceed to finalize the title search and explained that the next step would be to meet with the title companies that serve the City of Atascadero to ensure that the proposed solution would clear up title problems for those that own property adjacent, in or near areas being recommended to be dedicated to the City. Once this is done, the attorney reported that she hoped to tour the City with the Public Works Director and engineering staff to ensure that roads marked on the maps are in accordance with those in the field. Ms. Gayle also suggested that a series of informational meetings be set up to give the public an opportunity to ask questions and share concerns. Once this input has been received, she proposed, staff would proceed to file pleadings with the Court. Public Comments: George Luna, 10600 San Marcos, asked the Assistant City Attorney to clarify how private wells might be affected by having the Court decide that water rights belong to Atascadero Mutual Water Company. Ms. Gayle advised that it has not yet been determined just how this matter will be presented to the Court; but remarked that she presumed that private wells would be retained by the property owner. Whitey Thorpe, 8025 Santa Ynez, remarked that six or eight years ago, the Water Company gave back to the property owners their water rights as personal property and asserted that this position should be maintained. Ms. Gayle indicated that there was no intention to change this condition and clarified that any action would be on water rights held by the trust or Wells Fargo Bank. Mike Sherer, 8405 Alta Vista, asked Ms. Gayle how the County Assessor will look at situations where property owners are given back title of land to the center of the road and., an easement granted back to the City. She replied that she would be meeting soon with the County Assessor and that, preliminarily, she did not think property tax status would change. Lyle Curry, 9263 Lucinda, questioned whether or not a property owner would be precluded from drilling for water on his own land. The attorney replied that she would not able to answer explicitly until she has met with Atascadero Mutual Water Company. Howard Marohn, 9265 Barrancha Road, asked what factors were used to determine which roads, as outlined on the map, would be brought into the City system immediately and five to ten years down the line Ms. Gayle reported that City staff had made recommendations CCs/27/91 Page 9 about which roads the City will want to own based upon how the street will serve circulation of the City, whether they will serve as connectors between roads necessary to serve people and to a lesser degree the cost of bringing the roads into the system. She emphasized that these decisions will ultimately be decided upon by the City Council. Members of the Council congratulated the efforts of the Assistant City Attorney. Mayor Shiers called a recess at 8:44 p.m. The meeting was reconvened at 9:08 p.m. Mayor Shiers reported that the Assistant City Attorney had requested that Item #D-2 be moved up to allow Ms. Gayle to give her report and then begin her road travel home. By consensus of the Council, the road matter was postponed briefly to allow discussion of Regular Business Item #D-2, as follows: 2. ESTABLISHING NON-PROFIT CORPORATION Ms. Gayle reported that she would be bringing to Council on the next Consent Calendar a. recommendation to adopt a resolution declaring the need for a non-profit corporation for Community Services and authorizing its incorporation as a tax-exempt entity. She explained that she was drafting Articles of Incorporation and By-laws as well and noted that these would also be presented. No action was taken. Mayor Shiers brought discussion back to agenda Item #D-1-(b) : B. Road Standards Study - Status Report (North Coast Engi- neering) Steve Sylvester, North Coast Engineering, Inc. provided an overview of the Draft Rural Road Policy (on file in the Public Works Department and in the City Clerk's Office) . He explained that one of the most important goals of the rural road policy was to develop improvement standards sensitive to the unique topography and environment of Atascadero. Mr. Sylvester stated that the document was also intended to establish the format for the development of a complete set of standard specifications and drawings that will govern the design of engineering improvements for future projects in the City. This format, if approved, would then be used for the preparation of other road standards, he added. Council comments followed. Councilman Nimmo commended the consultant for his work and indicated support. Mayor Shiers remarked that he was pleased to see consideration of the City's CC8/27/91 Page 10 topography and the flexibility proposed in the standards. By consensus, Council agreed with the format and approved the preparation of other standards for review in sixty days. C. Road Assessment Districts - General Discussion (Willdan Associates) William Stookey, Willdan & Associates, provided an introduction to the variety of options associated with financing assessment districts. He explained that the fundamental theory behind an assessment district is that public improvements for specific properties should be paid for by the property owners that will receive the benefit and not by the general public. He then summarized various legislative acts and their pros and cons. (These included the 1911 and 1913 California Assessment Acts, the Community Facilities District of 1982 (also known as the Mella-Roos Act) , Landscape & Lighting Act of 1972 and the Benefit Assessment Act of 1982. ) He reported that one common restriction of all of the acts he described was that they cannot be based upon property value (advalorem) . He explained that formulas can be tailored to the specific social and economic situation of the area and can be established by a formula based upon a variety of factors, i.e. , per-lot, per-house, front foot, traffic generation basis per parcel, by area. He suggested that whatever formula is used that it remain simple, noting that land use is updated each year. Mr. Stookey advised that this issue can be controversial and that there are many things to consider. He pointed out that many public information meetings are required and necessary before moving forward with an assessment district and added that many of the acts require a majority protest vote to stop it. The consultant then responded to brief questions from Council. Mayor Shiers inquired about special assessment districts. Mr. Stookey remarked that the City Council must make a finding that the benefit of the work or improvements being paid for are of specific benefit to residents in the subject area and not to the general public. He stated that if the improvements are deemed to be of benefit to the entire City, there must be a contribution from the City to offset the costs. Responding to query from Councilman Lilley, Mr. Stookey advised that the City may subsidize any district to any degree that the City Council agrees to, adding that he knew of no limitation as long as there were funds available. He emphasized that law does require, however, the City to contribute towards the cost of any percentage of improvement that is determined to be of benefit to the community as a whole. CCS/27/91 Page 11 Councilman Nimmo referred to his comment made several weeks earlier that a citywide maintenance assessment district might be a solution and apologized for raising expectations. He stressed that he had not meant that private streets would automatically be brought into the City-maintained system without those streets first being brought up to acceptable standards. Public Comments: Eric Greening, 7365 Valle, asked that consideration be given to methods which would provide alternative transportation and urged that a portion of any subsidy be used in ways to benefit the non- driver. Ron Lindsay, 9505 San Gregorio Road, stated that the City had benefitted from roads in the Las Encinas I area and with continued extension they have been major gateways to other developments. He contended that the City has not maintained these roads despite use by heavy vehicles with no load weight restrictions as an entrance into other developments which do have City-accepted and maintained roads. He added that the developer has left the maintenance to the property owners, many of whom were never told that the City did not maintain these roads. He proposed that an assessment district in the Las Encinas I area be formed with the cost to be shared equally by the property owner, the City and the developer. The City, he suggested, would be the contact and control entity with all parties, and property owners would furnish the City with results of research into the history of Las Encinas. He concluded by stating that he and his neighbors strongly believed the proposal to be workable, fair, honorable and equitable. Howard Marohn, 9265 Barrancha Road, shared concern for the health, safety and welfare of residents in the 3-F Meadows area and spoke in support of re-evaluating the 5-Year Capital Improvement Program (CIP) , specifically that portion which designates funds for installing a proposed median strip divider on El Camino Real and indicated that he believed there was a greater need to address the City's private road status. ----End of Public Testimony---- Councilwoman Borgeson expressed disappointment that this agenda item was an informational one, rather than one of action. She asserted that there should have been a public hearing and that written reports should have been prepared to allow the public to be educated on the subject. She reiterated that she wanted to take another look at the CIP and indicated support for Mr. Lindsay' s proposal. Mayor Shiers also remarked that he would have liked to have seen CC8/27/91 Page 12 written reports to ensure that the public was prepared and informed. He stated that he would like to address the issue of how much the developer should contribute to road improvement costs and what is reasonable for City participation. Councilman Lilley proclaimed that the Council must come to some consensus about whether or not they want to reassess the CIP, whether or not they want to form an assessment district and to what extent they are willing to commit the City to. He added that it must be determined if it is legal to bring in the developer after approximately twenty years. Councilman Nimmo indicated that he had no problem with reviewing the CIP, but added that he wanted to be sure that by doing so, no unwarranted expectations would be raised. He continued that he was not prepared to depart from general policy of not extending City funds on privately-owned City streets unless the Circulation Element, when completed, shows some of those streets to be necessary arterials. Councilman Dexter expressed support for the concept as suggested by Mr. Lindsay. He explained that he would like to have, in hand, documents with recommendations on various methods of forming an improvement district before making any decisions. The City Manager advised that should Council wish to take another look at the 5-Year CIP, the matter must be set for public hearing. By consensus, Council directed staff to schedule matters relating to private roads and possible re-evaluation of the 5- Year Capital Improvement Program (CIP) for public hearing. It was noted that these items would be back on September 24, 1991. 3. RESOLUTION NO. 84-91 - WAIVING FEES FOR DOWNTOWN AWNINGS IN- STALLED PURSUANT TO THE "DOWNTOWN SIGN PROGRAM" Henry Engen presented the staff report and recommendation to adopt Resolution No. 84-91. He added that staff was looking for Council support to continue with a pilot program of implementing awnings and signage in the downtown. Councilman Lilley, member of the Downtown Sign Committee, reported that three downtown businesses had already volunteered to participate; they are: Wilkins Printing, Wil-Mar Disposal and American Classics. MOTION: By Councilman Dexter seconded by Councilman Nimmo to adopt Resolution 84-91 waiving fees for installation of Downtown Sign Program awnings and direct staff to work CC8/27/91 Page 13 with up to five establishments in providing design assistance as a pilot program; motion unanimously carried by roll call vote. 4. ORDINANCE NO. 226 - AMENDING TITLE 8 OF THE ATASCADERO MUNI. CODE BY THE ADDITION OF CHAPTER 12 RELATIVE TO EARTHQUAKE HAZARD REDUCTION IN EXISTING UNREINFORCED MASONRY BUILDINGS (Recommend motion to waive reading in full and approve on second reading by title only) (Cont'd from 8/13/91) The Community Development Director reported that this ordinance was back for second reading and adoption. There were no questions or comments from Council or the public. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to adopt Ordinance No. 226 on second reading by title only; motion carried unanimously by roll call vote. 5. ORDINANCE NO. 230 - AMENDING TITLE 11 OF THE ATASCADERO MUNI- CIPAL CODE (SUBDIVISION ORDINANCE) (Recommend motion to waive reading in full and approve on second reading by title only) (Cont'd from 8/13/91) Mr. Engen noted that this ordinance was being presented for second reading and noted that it had been amended to reflect Council direction to not make any changes in Sections 11-8.202 (Lot Dimensions) or 11-8.209 (Flag Lots) . There were no questions or comments. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to adopt Ordinance No. 230 on second reading by title only; motion passed 5:0. 4. -COUNTYWIDE ABANDONED VEHICLE ABATEMENT PROG - Item pulled prior to meeting, but after agenda was prepared. 7. RESOLUTION NO. 72-91 - AUTHORIZING THE EXECUTION OF AN AGREE- MENT WITH HINDERLITER, DELLAMAS & ASSOCIATESTOPERFORM SALES TAX REVENUE MONITORING SERVICES Mark Joseph provided an overview of the staff report and recommended adoption of Resolution No. 72-91. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to approve Resolution No. 72-91 authorizing the Mayor to execute an agreement with Hinderliter, DeLlamas & Associates for sales tax auditing and analysis services; motion unanimously carried. CC8/27/91 Page 14 8. APPEARANCE REVIEW COMMITTEE PROPOSAL Henry Engen reported that the Mayor had requested that the subject of possibly establishing an Appearance Review Commission be discussed and recommended that consideration of this matter be held concurrent with action on Draft Amended Appearance Review Guidelines. This review, added, was scheduled for early 1992. Council agreed to hold the matter over, as recommended. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilwoman Borgeson reported that she had received correspondence from Supervisor Blakely in which he had sent her a copy of Executive Summary of Creating an Ecological Landscape: A Proposal for Enhancing Los Angeles' Urban Forest through Native Tree Plantings. She stated that this publication would be available on the Council reading desk. Mayor Shiers appointed Councilman Nimmo as the voting representative at the League of California Cities Conference in October and Councilwoman Borgeson as the alternate. Councilman Nimmo reported that he would be absent during the next regular meeting. 2. City Attorney - No further report. 3. City Clerk - No report. 4. City Treasurer - No report. 5. City Manager - No additional report. 6. Community Development Director Mr. Engen suggested Thursday, September 26, 1991 at 7:00 p.m. for a joint study session with the City Council and the Planning Commission. He asked that the chair of each body submit a suggested list of agenda items. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adjourn to a closed session for purposes of discussion regarding personnel salary negotiations, and 'property acquisition status; motion was unanimously approved. CC8/27/91 Page 15 THE MEETING WAS ADJOURNED TO A CLOSED SESSION AT 10:40 P.M. (Said Closed Session held pursuant to Government Code Sections 54967.6 and 54956.8) . MINUTES RECORDED AND PREPARED BY: V _ G LEE RABOIN, Ci y Clerk CC8/27/91 Page 16