HomeMy WebLinkAboutMinutes 062596 Approved as Submitted
Meeting Date: 07/09/96
ATASCADERO CITY COUNCIL
JUNE 25, 1996
MINUTES
CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. for purposes of discussions
pertaining to:
1. CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
2. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union; Confidential Employees
3. CONFERENCE WITH PROPERTY NEGOTIATIOR:
Properties (2): 1) 9085 Morro Rd.; 2) Access lot to Stadium Park
Negotiating parties: 1) Brown/City of Atascadero; 2) Kennedy/City of
Atascadero
Under negotiation: 1) Terms and/or price of payment; 2) Terms and/or price
of payment
Closed Session was adjourned at 7.06 p.m. Items V and 2 were discussed. Item #3
was postponed until after regular session. See page 9).
7:00 P.M. - REGULAR SESSION:
The Mayor called the meeting to order at 7:06 p.m. Councilperson Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk
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Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Brady Cherry, Director of
Community Services; Brad Whitty, Finance Director; Bud
McHale, Police Chief and John Neil, Assistant City
Engineer.
PRESENTATIONS
• Donation of $5,000 from Atascadero Land Preservation Society (ALPS) for
Stadium Park
Marj Mackey and Lindsay Hampton, on behalf of ALPS, presented a check in the
amount of $5,000 to the Mayor as a donation towards the purchase price of
Stadium Park.
• Recognition to Carol Nelson-Selby, Volunteer Peer Court Coordinator
The Mayor presented a plaque and expressed appreciation to Carol Nelson-Selby for
her hard work and efforts associated with coordinating Peer Court. Ms. Nelson-Selby
noted that Atascadero is the only community in the county that has rallied behind
the concept and announced to the public that the City donates the use of the
Rotunda for Peer Court. There are a lot of young people who volunteer their time
and energy, she added.
COUNCIL COMMENTS:
The Mayor reported that the flags in front of the City Administration Building had
been stolen, but later returned. He explained that the young person responsible
for the act had written a letter of formal apology to the Mayor for his behavior.
COMMUNITY FORUM
Donald Jones, 4585 Viscano Avenue, reported that the Planning Department has
not provided him with pertinent information regarding new development. He
added that the information, required to be provided by State law, is being
intentionally withheld and will result in approval of a public works project in the
amount of a half-million dollars under the guise of a consent calendar item. Mr.
Jones claimed that variances are being granted to developers without benefit of
public review and stated that special treatment is being given to some developers
while none is given to others. In closing, the speaker asked that a copy of the
Brown Act be made available to the public at public meetings. (Note: the City
Clerk carries with her a copy at all meetings).
Councilmember Luna commented that he finds the accusation that variances are
being approved behind closed doors surprising, having served on the Planning
Commission himself. He clarified that whatever is being granted should and must
be done in public. The Mayor suggested that Mr. Jones make an appointment
with the City Manager. He added that if there are improprieties, they will be
stopped.
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A. CONSENT CALENDAR:
1. CITY TREASURER'S REPORT - May, 1996
(City Treasurer's recommendation: Approve)
2. APPROVAL OF WARRANTS - May, 1996
(Staff recommendation: Approve)
3. RESOLUTION NO. 59-96 - Approving an interim budget for the 1996-97
Fiscal Year and appropriating funds thereof
(Staff recommendation: Adopt)
4. TENTATIVE PARCEL MAP 95003, 4530 SAN ANSELMO AVE. - Finalize
approved division of a 4.18-ac. lot into two (2) parcels of 1 .5 and 2.68
acres
(Planning Commission/staff recommendation: Accept/direct staff to record)
5. RESOLUTION NO. 44-96 - Approving a Cooperation Agreement between the
City and County of San Luis Obispo to continue joint participation in the
Community Development Block Grant Program
(Staff recommendation: Adopt)
Rush Kolemaine, citizen, pulled Items #A-3 and 5 for comment.
MOTION: By Councilmember Johnson, seconded by Councilmember
Bewley to approve Items #A-1, 2 and 4; motion passed 5:0 by roll call vote.
Re: Item #A-3. RESOLUTION NO. 59-96 - Approving an interim budget for the
1996-97 Fiscal Year and appropriating funds thereof
(Staff recommendation: Adopt)
Mr. Kolemaine stated that his concern is that there are no specific dollar amount
limitations. Brad Whitty reported that the resolution states how much money will
be appropriated and added that the interim budget restricts expenditures for capital
projects. Responding to Councilmember Johnson's inquiry, he clarified that
budget allocations are in the same amounts as approved for the 1995/96 budget.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to adopt Resolution No. 59-96; motion passed 5.0 by roll call vote.
Re: Item #5. RESOLUTION NO. 44-96 - Approving a Cooperation Agreement
between the City and County of San Luis Obispo to continue joint
participation in the Community Development Block Grant (CDBG) Program
(Staff recommendation: Adopt)
Rush Kolemaine indicated that his concern regarding this item was that there is no
approved plan for the use of the funds. Doug Davidson reported that there is an
approved consolidated plan that includes all the CDBG projects countywide,
including those for Atascadero. Mr. Kolemaine commented that a county plan is
not necessarily the City's plan and asserted that there may be misinterpretation.
He encouraged the City Council to make a better effort of defining what the City's
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program will be and ensure that the City's priorities remain paramount.
MOTION: By Councilmember Luna, seconded by Councilmember Carden
to adopt Resolution No. 44-96; motion passed 5:0 by roll call vote.
B. PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DETERMINATION THAT AUTO
REPAIR IS NOT AN ALLOWABLE USE IN THE DOWNTOWN (cont'd from
5/28/96)
(Planning Commission recommendation: Deny)
Steve DeCamp summarized the facts of the appeal as outlined in the staff report.
f He reported that although AAMCO Transmission did conduct business at the
subject location, it did so without a business license and conditional use permit.
He added that auto repair is not an allowable use and concluded that there is no
legal right to do auto repair at that site. Staff responded to questions from the
Council.
Councilmember Johnson asked if approval would have been given to AAMCO
Transmission if they had applied for a conditional use permit (CUP). Steve
DeCamp confirmed that there was no CUP filed and therefore no opportunity to
hold a public hearing to present the facts that would have supported the issuance
of the CUP. To the City Attorney, Councilmember Johnson asked whether or not
AAMCO Transmission had a legal vested right to conduct auto repair. Art
Montandon indicated that the City Council would have to make that determination,
based upon the facts. If a vested right exists, it could be concluded that there
was no need for a CUP; the use would be considered a legal, non-conforming use
until abandoned. If, on the other hand, the City Council finds that there is no
vested right, the applicants (AAMCO) would have had been required to submit an
application for a CUP, but reiterated that according to staff, the application was
not applied for.
Councilmember Johnson asked the City Attorney how a court would look at the
evidence. Art Montandon explained that the court would look at the City's
ordinance in effect at the time to see if the user of the property acquired a real
property right to continue that use. If the ordinance states that auto repair may
only be conducted in conjunction with a new auto dealership, the court would find
that the use to repair transmissions expires at the time the new car sales use
expires.
Mayor Highland asserted that there is no vested right because Gayle Sharp's
application was for new auto sales. Councilmember Luna commented that what
remains crucial is what Mr. Jim Berger (American Classics) put down on his
business license application. He asked staff what he was allowed to do based
upon what his application requested. Steve DeCamp indicated that the request
was for used auto sales. Councilmember Johnson inquired if there was any
discussion about the kind of activity the applicant had planned, including any
accessory work that would go along with the sale of classic cars. Steve DeCamp
reported that there had been considerable discussion between himself, Mr. Berger
and Henry Engen and he recalled that Mr. Berger had likened the business to that
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of a museum. There was mutual agreement on the part of staff at the time that
the sale and display of antique and classic ,autos in the downtown area would be
quite fitting to the historic nature of the downtown. Discussion regarding work on
the cars was limited primarily to detailing and preparing them for sale, but not
heavy repairs, he concluded.
Public Comments:
Bruce Berger, appellant, distributed copies of related documentation in support of
the appeal, including 1986 newspaper clippings regarding the grand opening of
AAMCO Transmission and Planning Commission approval for the freeway pole
sign, a fictitious business name statement which indicates AAMCO Transmission
was conducted by a limited partnership and a declaration signed by Mrs. Gayle
Sharp who personally recalls that AAMCO Transmission had a business license.
He remarked that if Gayle Sharp didn't apply for a business license it was probably
because he didn't believe he needed one. Mr. Berger emphasized that his father
and partner, Mr. Craig, never considered themselves to be engaged in the primary
business of auto repair, but contended that restoration was a significant part of
the classic car business. He asserted that it was enough repair that the AAMCO
Transmission repair use right was not abandoned. Councilmember Johnson asked
what kind of use was conducted in the back of the showroom. Mr. Berger
indicated that cars would be acquired that did not run and that a repairman
worked on cars to get them ready to sell.
Thomas Parks, 8251 Tolosa Road, commented that repair is inherent with any new
or used auto sales dealership. He reported that used cars have been repaired at
that location for many years and declared that repairs were conducted at American
Classics
Michael LeSage, attorney representing the appellant, commented that the building
was built for the single use of auto repair and argued that there is a vested right to
do repair at the sight given the long history of use.
Richard Summers, 5340 Magnolia, spoke in support of the appeal and stressed
that the proposed auto body repair business would be an asset to the community.
---end of public testimony---
Council comments followed. Councilmember Johnson remarked that he is not
interested in changing the zoning and that it appears there is a vested right to
conduct auto repair. Councilmember Bewley agreed and spoke in support of
allowing the use of auto repair to continue. Councilmember Carden concurred.
Councilmember Luna argued that the chain of use.was broken when Gayle Sharp
Ford and AAMCO Transmission went out of business. American Classics made a
direct decision, he said, by putting down on their application that the business
would be an auto supplier.
Mayor Highland reiterated that auto repair was allowed when Gayle Sharp's
business was there because it was associated with new car sales. He reported
that he had reviewed the Planning Commission minutes from July 1985 to
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July 1987 and found no evidence that a CUP for AAMCO Transmission was ever
applied for, considered or approved. He emphasized that regardless of how the
business existed it was an illegal use and argued that the period of two years it
operated constituted a break in the chain of use. The Mayor spoke in support of
upholding the Downtown Master Plan which changed the zoning and disallowed
auto dealerships and repair.
MOTION: By Councilmember Johnson Body, seconded by Councilmember
Bewley to uphold the appeal and grant the continuing use to Nunes Auto;
motion passed 3:2 (Luna and Highland opposing).
Art Montandon reported that staff will bring back a resolution setting forth findings
for upholding the appeal. Councilmember Carden asked if conditions can be
imposed that would prohibit the parking or storing of vehicles on the street. The
City Attorney advised that the Council cannot unilaterally condition the use as a
part of this appeal process. Mrs. Nunes stood and asserted that vehicles would
not be placed on the street.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 58-96 - Authorizing agreement with the Los Padres
Council Boy Scouts of America for lease of the Atascadero take Pavilion
Basement
(Parks & Rec. Commission recommendation: Approve)
Brady Cherry provided the staff report and recommended approval. He explained
that the twenty-year term of the lease was considered by staff to be too long.
The term was proposed, he added, to allow the Scouts to get a satisfactory return
on their investment, but noted that representatives are amenable to a ten year
lease. Mr. Cherry also presented relevant cost analyses and explained that the
Scouts will pay their share of the utilities and janitorial services, and require no
staff support for set-up. In addition, he outlined the hours of use proposed by the
Scouts and noted that off-hours would allow the room to be rented to other
groups for a fee to paid to the City.
Council comments followed. Councilmember Johnson voiced general support of
the concept but expressed concern about having youth involved in activities that
may conflict with concurrent use in the Pavilion. Brady Cherry indicated that staff
does not foresee any problems because of the times planned for use by the Scouts
and because the youth will be sufficiently supervised.
Councilmember Luna expressed support for amending the lease to reduce the term
from twenty to ten years and suggested a provision by which the City could buy
out the Scouts or renew at ten years. He suggested that the agreement be
amended and brought back for final approval by the Council on the next Consent
Calendar.
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Public Comments:
Donald Lewis, committee chairman for the Los Padres Council of the Boy Scouts
of America and Larry Adams, District Representative, spoke in support of the
agreement. It was reported that once the legal agreement has been entered into,
the next task will be to organize the construction, which is anticipated to be nearly
completed by September or October of 1996. All code requirements will be met
and work complete before the room is inhabited, Mr. Lewis assured the Council.
In addition, a suspended ceiling with insulation will be installed to provide a
sufficient noise barrier. Mr. Adams clarified that the Scouts would accept a ten
year lease.
Leo Korba, 10905 Santa Ana Road, expressed concern regarding the need for
added parking and resulting traffic impacts. In addition, he asked how costs will
be met if they excel what is predicted.
Mr. Lewis, responding to Mr. Korba's questions, indicated that because most boy
scouts are not of driving age and will be dropped off and picked up, parking and
increased traffic is not considered to be an issue. Regarding the estimate for
renovation costs, Mr. Lewis reported the Scouts anticipate significant volunteer
labor and donations for materials costs. Brady Cherry reported that the estimate
of $21,000 was provided by a local contractor estimating what it would cost for
the City to have the improvements constructed, including labor.
Roy McKee, 7150 Carmelita, spoke in support of agreement on behalf of two
organizations of Scouts and commented that by bringing a facility like this to the
North County, it will afford opportunities for many scouting activities to be based
here in Atascadero.
Tom Parks, speaking for the Knights of Columbus, reported that the group had
voted unanimously to sponsor the Scouts and encouraged the Council to approve
the agreement.
---end of public testimony---
Councilmember Johnson commented that this concept is a perfect example of a
public-private partnership.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to direct staff to come back at the next meeting on the Consent Calendar a
revised resolution amending the term of the lease; motion passed 5:0.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports were given, as follows.):
1. S.L.O. Council of Governments (COG)/S.L.O. Regional Transit Authority
(SLORTA) Councilmember Carden reported that there would be no
meetings during the month of August, that he has been elected President of
the COG and Chairman of SLORTA. He will be attending the West Coast
COG meeting in the State of Washington, July 24-26th, he added.
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2. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group -
Mayor Highland reported that the County Water Advisory Board would not
meet during the Summer and explained that the Nacimiento Water Purveyors
Advisory Group's next meeting was scheduled for July 3rd
3. North County Council - Mayor Highland reported that the executive
committee would meet on June 27' at the Pavilion.
4 Ad Hoc Regional Water Management Committee —Mayor Highland reported
that the committee would not meet until September.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Highland requested that staff develop a policy that automatically refers to
the City Council any Planning Commission item that results in a tie vote after two
consecutive meetings. In addition, he summarized on-going negotiations between
mobilehome park representatives regarding mobilehome rents and added that he
will continue to monitor meetings between park owners and residents. There is
hope that there will soon be long and short-term leases approved by all parties and
concluded that there may be no need to address rent stabilization by City
ordinance after all.
Councilmember Johnson suggestedthatCouncil take another look at the way
advisory body members are recruited and appointed.
Councilmember Bewley announced that tickets are on sale for the Wine Festival to
be held at the Lake Park to benefit the Zoo.
Councilmembers Johnson and Carden reported that they would be absent from the
second meeting in August. The City Attorney requested that the City Council
approve Councilmember Carden's absence for a period of approximately thirty
days. Approval was so given.
2. City Clerk
Lee Price reported that Chuck Bishop had resigned from the Traffic Committee and
requested authorization to open a recruitment. She indicated that there is now
two vacancies on the committee. Two citizens-at-large will be sought to serve a
two-year term each.
The City Clerk also provided an update relating to the Test Claim sponsored by the
City and seeking reimbursement for costs associated with notifying voters of the
change in election date. She explained that the hearing before the Commission on
State Mandates will be July 251H
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3. City Manager
Andy Takata noted that staff will bring back for Council consideration an item
relating to voter ratification of the 1992 adjustment to the transient occupancy tax
(TOT).
At 9:00 p.m., the City Council adjourned to Closed Session for purposes of
discussion Item #3 continued due to time constraints. At 9:18 p.m., Closed
Session was adjourned. Direction was given to staff.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JULY 9T" AT 9:00 P.M.
MINUTES="RECORDED AND PREPARED BY:
LEE PRICE, C.M.0
CITY CLERK
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