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HomeMy WebLinkAboutMinutes 052494 Approved as Submitted Meeting Date: 06/14/94 ATASCADERO CITY COUNCIL MAY 24, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson (arrived 7:07 p.m.), Highland, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Russ Scotten, Interim Finance Director; Mike McCain, Fire Chief; Fred Motlo, Fire Captain and Lt. Bill Watton, Police Department PRESENTATION: Mayor Nimmo presented a plaque of recognition to Mike Kirkwood for his services as a member of the City's Economic Round Table. PROCLAMATION: The Mayor read a proclamation declaring June 1994, "Zoo & Aquarium Month" and presented it to Lindsay Hampton, representing the San Luis Obispo Zoological Society. CC 05/24/94 Page 1 COMMUNITY FORUM: Richard Tubner, 8377 Amapoa, declared that he and other homeowners in his condominium project did not receive any notices regarding the underground utility project scheduled for 1995 in his neighborhood. He encouraged the Council to ensure that property owners receive notices about events that will affect them. Mr. Tubner also asked how the City can continue to neglect the road conditions on Amapoa. Henry Engen invited the citizen to contact his office for background and plans relating to the underground utility project. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): 1. City/School Committee - Andy Takata announced that the committee will meet Thursday, May 26, 1994 at 1 :30 p.m. 2. Economic Round Table - Henry Engen provided a brief report on the meeting of May 18, 1994 and noted that a report was received from their subcommittee formed to review the minor league baseball proposal. The Round Table concurred that the propoosal contained too many unanswered fiscal questions to merit support at this time. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - April 26, 1994 (cont'd from 5/10/94) 2. CITY COUNCIL MINUTES - May 10, 1994 3. CITY TREASURER'S REPORT - April 1994 4. RESOLUTION NO. 36-94 - Authorizing the execution of an agreement with the low-bid vendors on Bid #94-2 for rehabilitation of Dial-A-Ride transit vehicles as noted. 5. APPROVE CERTIFIED CITY ACCOUNTS PAYABLE, PAYROLL AND PAYROLL VENDOR CHECKS FOR THE MONTH OF APRIL 1994 6. RESOLUTION NO. 35-94 - Providing for the issuance of 1994-95 Tax and Revenue Anticipation Notes 7. RESOLUTION NO. 37-94 - Authorizing the purchase of real property located at 2000 Ramona Rd. from Ronald L. and Paula J. Topley for the purpose of a CC 05/24/94 Page 2 proposed fire station, authorizing the City Manager to execute appropriate deeds, authorizing the recording of said deeds and authorizing the transfer of funds 8. RESOLUTION NO. 38-94 - Authorizing the execution of an agreement with Brett's Tractor Service for Weed Abatement Services MOTION: By Councilman Luna, seconded by Councilman Highland to approve Items #B-1 through 8; motion carried unanimously by roll call. C. PUBLIC HEARINGS: 1. WEED ABATEMENT APPEALS HEARING Mike McCain introduced Fred Motlo, Fire Captain, who availed himself for questions. There were no inquiries from the Council or from the public. MOTION: By Councilman Highland, seconded by Councilman Luna to ordered the Fire Chief, or his authorized representatives, to abate the nuisance of noxious or dangerous weeds on the lots identified in Resolution No. 27-94; motion carried unanimously by roll call. 2. AMAPOA AVENUE - MULTI-FAMILY DENSITY A. Resolution No. 22-94 - Approving an amendment to the land use map of the Land use Element on Amapoa Ave., between Curbaril Ave. and Portola Rd. (GPA 93-1; City of Atascadero) B. Ordinance No. 278 - Amending map 17 of the Official Zoning Maps by rezoning certain real property on Amapoa Ave. from RMF-10 (low- density multi-family) to RMF-16 (high-density multi-family) (ZC 93-006; City of Atascadero) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided background and the staff report. He revised Ordinance No. 278 by deleting an erroneous reference to a Planning Commission hearing on January 18, 1994. Council questions and comments followed. Councilman Highland explained that he had researched the Municipal Code and the General Plan and was not able to find justification for the present zoning. He CC 05/24/94 Page 3 mentioned that the only issue at hand is to correct the mapping error. Councilman Luna argued that a decision on the matter should be based on the merits of the whether the property should be RMF-16 or RMF-10. He asked staff to comment on how Amapoa could be brought up to minimum road standards. Henry Engen reported that this could be accomplished through the formation of an assessment district. Councilman Luna also asked if there was any way that development would be able to pay for the deficiencies. Mr. Engen remarked that this was not likely. Responding to further inquiry from Councilman Luna, he also indicated that, if asked for a recommendation today, staff would propose single family residential in light of the flooding problems in that area (as was the County Planning Department's recommendation in the 1975 General Plan). Councilwoman Borgeson highlighted the history since 1989 and pointed out that there had been no requests to change the zoning from RMF-10 to RMF-16 until now. She noted that she was concerned that home buyers had been mislead about the zoning and had purchased their lots as low density. Those property owners, she asserted, would be affected by the increase in density. Councilman Bewley argued that there had been no change in the proposal since the last time it came to the City Council and stated that he still supports the zone change. The City Attorney advised that the only way to rectify the mapping error is to make a change in both the General Plan and the zoning ordinance. He added that it was his recommendation to staff to process the correction this way. Public Comments: Dorothy Smith, 8795 Morro Road, referred to her letter addressed to the City Council dated May 24, 1994 (on file in the City Clerk's Office) regarding the conditions of Amapoa Road and expressed opposition to the proposed General Plan amendment. Walsh Frank We+eit, 8040 Acuzena, asked the Council to address the condition of Amapoa and shared concern regarding safety and increased traffic. Richard Tubner, 8377 Amapoa, reported that everyone in the neighborhood did not receive notification of the proposed change in zoning and declared that he had bought his property under the impression that it was low density. He stated that he was opposed to the General Plan amendment and zoning ordinance change. William Welch, 8035 Acuzena, also spoke in opposition and urged the Council to take action regarding the road conditions on Amapoa. CC 05/24/94 Page 4 Warren Miller remarked that he owned property on the corner of Amapoa and Curbaril for which a project was in the planning stages. He noted that he has agreed to develop a portion of the street and was willing to do his part in making improvements to the road. Mr. Miller emphasized that improvement can only happen by allowing property to be developed. He explained that he had purchased the lot with the understanding that it was zoned RMF-16 and urged approval of the staff recommendation. ---End of Public Testimony--- Council debate followed. Mayor Nimmo stated that, in his opinion, RMF-16 may inappropriate for the area but added that there is a procedure written in the municipal code for making zone changes. He reiterated his view that to down-zone property by taking advantage of a drafting error would be unconscionable. Councilwoman Borgeson asserted that the General Plan had been updated without any mention of a mapping error and stated that she was not willing to rezone the area to a higher density. Councilman Highland argued that, according to the zoning ordinance, the property has been RMF-16 since 1982. Councilman Luna asked staff what has authority when a conflict between the General Plan and the zoning ordinance exists. Henry Engen reported that the General Plan prevails. Councilman Bewley emphasized that the people, however, were not told of the change. MOTION: By Councilman Highland, seconded by Councilman Bewley to approve Resolution No. 22-94 amending the Land Use Plan Map of the General Plan; motion carried 3:2 (Borgeson and Luna voting in opposition). MOTION: By Councilman Highland, seconded by Councilman Bewley to read Ordinance No. 278 by title only and approve on first reading; motion carried 3.2 (Borgeson and Luna voting in opposition). D. REGULAR BUSINESS: 1. CONSIDERATION OF PLANNING COMMISSION REPORT RELATIVE TO ACQUIRING THE PRINTERY/MASONIC TEMPLE BUILDING AT 6351 OLMEDA A. General Plan Conformity Report Henry Engen provided a brief introduction. There were no questions from the Council or the public. CC 05/24/94 Page 5 MOTION: By Councilwoman Borgeson, seconded by Councilman Highland to find that the acquisition of the Printery/Masonic Temple building and property is in conformance with the Atascadero General Plan; motion carried unanimously. B. Resolution No. 39-94 - Authorizing the execution of agreements with Atascadero Temple Association for acquisition of the Atascadero Masonic Temple as a Community/Youth Center Brady Cherry, Community Services Director, provided the staff report and recom- mendations. He explained that there were some pending issues relating to the agreements currently being negotiated and, as a result, staff was recommending that Section 1 (b) of the Agreement to Convey Real Property be deleted. Mr. Cherry noted that it may be desirable to acquire the property for historical value and commented that the building can be used immediately for some activities without immediate improvements. He also explained that current leases generate a modest income and recommended that the leases be continued. The building, he said, would require certain improvements pursuant to the American Disabilities Act (ADA) as well as seismic retrofit. He indicated that while it was not clear when the Atascadero Recreation Center Committee (ARCC) will have the necessary funding available, it was apparent that there was a need and strong community support for a youth center. Mr. Cherry reported that the goal of the Community Services Department is to obtain and operate the building without general fund monies. He explained the levels of programs proposed by the Department and pointed out that procedural guidelines will still need to be developed. In closing, the Director of Community Services expressed gratitude to the Atascadero Temple Association for their offer and for the flexibility and cooperation extended to the City in drafting the agreements. Art Montandon provided a brief summary of his portion of the staff report relating to the two proposed agreements. He explained that there are two issues of concern: 1) the name of the building and, 2) a condition that the building be used exclusively for youth purposes. The City Attorney commented that youth activities may not be the only appropriate use for the site. He stated that he had discussed the two issues with the attorney representing the Temple Association and noted that the Association is willing to delete section 1(b) (relating to use) and have agreed that as long as the Temple name remains on the building, the City can name it anything they like. Mr. Montandon recommended that the City Council adopt the resolution authorizing the agreements and authorize staff to proceed with the opening of the escrow. He added that the Temple Association is a non-profit corporation with members and explained that any changes to the agreements will require a vote of approval by that membership. CC 05/24/94 Page 6 Andy Takata commended Brady Cherry and Mike Mc Cain for their efforts and publicly thanked the Atascadero Temple Association. Councilmembers voiced support for the recommendation to delete Section 1 (b) of the Agreement to Convey Real Property. Councilman Highland asked when seismic retrofit will have to be accomplished. Henry Engen explained that the Plan calls for retrofit by January 1995 but added that staff plans to bring back an amendment to the Plan by extending the deadline three years. Mayor Nimmo expressed gratitude to Mike Mc Cain and the Masons for their generous offer. He stated that the building was of historic significance and had the potential to provide valued city administrative functions. He added that acceptance of the building carries with it a substantial commitment of funds by the City for future interior and extensive exterior improvements and cautioned that contractual language agreed to must be worded carefully. Mayor Nimmo commented that he was in favor of accepting the building but was not comfortable with either of the two agreements as drafted. He proposed changes, outlined as follows: 1) Section 14 of the Joint Occupancy Agreement - the Mayor suggested that although it may be appropriate to guarantee the provision of another City facility for use by the Masons if the present building can no longer be used, but objected to any obligation to purchase and/or construct another building for the Temple Association in that event. Mayor Nimmo suggested that the Section 14 be removed. 2) Section 3 of the Joint Occupancy Agreement - The Mayor indicated that the areas outside of that designated to the Temple Association should be equally available to all without priority to the Masons. 3) Section 1 (b) of the Agreement to Convey Real Property - Mayor Nimmo, recognizing consensus to revise the language in the article, proposed wording that would suggest that the building is for youth activities or such other purposes as the City shall deem appropriate. 4) Section 4.4 (or other) of the Agreement to Convey Real Property - Mayor Nimmo stated that he had no quarrel with the Temple Association retaining one percent (1 %) interest but suggested that there be a provision built into the contract that would address any possible future abandonment of the building by the Masons. He proposed that if the Masons cease to use the building, their one percent (1 %) should then revert to the City without a long, drawn out legal procedure. Public Comments: The Mayor opened the floor for public testimony. There were no comments. Mayor Nimmo suggested that the Council adopt the staff recommendations with the understanding that the agreements can continue to be negotiated until the close of CC 05/24/94 Page 7 escrow. The City Manager asked if there was consensus among the Council in favor - of revisions to the agreements as proposed by the Mayor. Councilmembers agreed that there was. MOTION: By Councilman Luna, seconded by Councilman Highland to accept the Atascadero Temple Association's proposal to donate 99% of the building and 100% of both lots (parcels 1 and 2); motion carried 5.0 by roll call vote. MOTION: By Councilman Highland, seconded by Councilman Bewley to accept Resolution No. 39-94 authorizing the Agreement to Convey Real Property and the Joint Occupancy Agreement with the understanding that they are to be amended before the close of escrow and come back for final approval by the City Council; motion carried unanimously by roll call vote. 2. CDBG ECONOMIC STUDY - Consideration of Economic Round Table's recommendation for consultant Henry provided the staff report and recommendation. Brief Council questions followed. There were no public comments. MOTION: By Councilman Luna, seconded by Councilman Bewley to authorize the City Manager to negotiate a contract with the firm of Palmer Koert to undertake an "Assessment of Business Potentials" study for the City; motion unanimously passed by roll call vote. 3. COMMUNITY ADVISORY COMMITTEE: HIGHWAY 41 REALIGNMENT - Request of Councilmember Highland to appoint two members Mayor Nimmo introduced the item and reported that he was looking for consensus from the Council to approve Councilman Highland's request to appoint two citizens to the Highway 41 Realignment Community Advisory Committee. By mutual consent, the City Council authorized Councilman Highland to make the appointments. (Note: Councilman Highland appointed Howard Gaylord and Debbie Horton of Atascadero to the advisory committee). CC 05/24/94 Page 8 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Manager Andy Takata commended the Chief Mike McCain and members of the Atascadero Fire Department for their quick response to a grass fire on Pine Mountain. He happily noted that although homes were threatened, none were lost due to the fire. Mr. Takata provided a brief overview of the next City Council agenda and explained that sewer rates would be re-examined. CLOSED SESSION: At 8:25 p.m., the City Council adjourned to a Closed Session for the following purposes: 1) Conference with Legal Counsel- Existing litigation, entitled McMeans/Torgerson v. City of Atascadero and 2) Conference with Legal Counsel - Anticipate initiation of three matters of potential litigation. Closed Session was adjourned at 8:55 p.m. by Mayor Pro Bewley. The City Attorney announced the following: 1) that he had received authority to file suit to resolve the issue of Colony Roads ownership; 2) that he received authority to offer settlement on the McMeans/Torgerson claim; and 3) that two other matters were discussed as to whether to initiate litigation and that further public disclosure would compromise the City's legal position. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, JUNE 14, 1994 AT 7:00 P.M. MINUT ' RECORDED AND PREPARED BY: LEEP ICE, City Clerk CC 05/24/94 Page 9