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HomeMy WebLinkAboutMinutes 081379 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 7 :30 p.m. Atascadero Administration Building ' The meeting was called to order by Mayor Wilkins with the Pledge of Allegiance. The invocation was given by John Cole of the Atascadero Bible Church. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover, and Mayor Wilkins ABSENT: None PUBLIC COMMENT There was no public comment. A. CONSENT CALENDAR 1. Minutes of the regular meeting of Jul 23 1979 RECOMMEND g g Y APPROVAL) 2. Minutes of the adjourned regular meeting of July 30 , 1979 (RECOMMEND APPROVAL) 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) Mayor Wilkins asked if Council members had any comments con- cerning the Consent Calendar; if not, all items can be approved by one motion. Under Correspondence was a letter from the State Board of Equalization notifying the City that they had received the agree- ment concerning administration of the local sales and use tax; and a letter from Lt. Pledger of the California Highway Patrol advising that his office will provide traffic safety services for Atascadero until July 1, 1980.` MOTION: Councilman Highland moved for approval of the Consent Calendar. The motion was seconded by Councilman Mackey and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeara ce-of Elliott 0. Stephenson concerning purchasing propert near Atascadero Lake Park Mr. Stephens3n read his letter of August 6, 1979, to Council which encouraged he Council to purchase from the County thirteen lots facing Lake iew Drive on the easterly shore of Atascadero Lake. He felt th t the County would soon put the lots on the market and the City show d purchase them for recreation and conservation purposes. t MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13 , 1979 Page Two Mayor Wilkins advised that the City Manager would look into the matter and keep the Council advised regarding the status of these properties. 2. Report from City Attorney concerning requirements for adoption of a General Plan and zoning consistency for newly incorporated city Mr. Grimes stated that he had misinformed the Council regarding their adoption of the General Plan through adoption of all County ordinances. After reviewing the applicable sections of the Govern- ment Code and discussing the matter with the County Counsel, he is now of the opinion that the City does not have an adopted General Plan. The City should begin the adoption process by instructing the Planning Commission to hold public hearings on the General Plan; this instruction should also include that the Council believes the General Plan adopted by the County in December of 1978 is appropriate for the City of Atascadero. Councilman Highland noted that Government Code Section 65302.5B states that the Council may determine that individual projects on a case by case basis do or do not conform with a general plan proposal being considered for future adoption. MOTION: Councilman Highland moved that the Planning Commission be instructed to prepare an Atascadero General Plan for adoption as its first order of business and that they follow the Atascadero General Plan as adopted by the Board of Supervisors in December of 1978. - The motion was seconded by Councilman Nelson and unanimously carried. 3. Report from City Attorney on Ordinance No. 8 amending Ordinance No. 1' relating to the time and place of regular meetings. ■ In response to a question by Councilman Nelson concerning the proposed ordinance, Mr. Grimes advised that he has researched the matter and came to the conclusion that the original ordinance as adopted is satisfactory and r quested that the proposed Ordinance No. 8 be dropped from the agenda. ' 4. Report from City Manager on publishing costs for legal advertisements Mr. Marden reviewed his memo regarding the costs of publication. A letter-sized typed page costs between $15. 00 to $20. 00 to publish. He reviewed the sections of the Government Code whish govern legal . publications and alternatives to publishing. During the first year, Council can have the ordinances posted in three designated places. i MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 Page Three After that, they must be published, either in whole or in summary. Councilman Mackey asked that the matter be tabled until the next meeting so that Council has a chance to study the matter further and perhaps get an idea from the public as to whether or not they read legal ads. MOTION: Councilman Mackey moved that this matter be tabled until the next meeting. The motion was seconded by Council- man Nelson and unanimously carried. Mr. Warden asked Council to be thinking of three places in which to post the ordinances if they decided to post instead of publish. C. UNFINISHED BUSINESS 1. Resolution No. 8-79 creating a temporary towaway zone and parade route for Colony Days celebration Mayor Wilkins stated that this resolution set out the designated areas for a parade route and concession area for the October 20th celebration. MOTION: Councilman Highlandmovedfor the adoption of Resolution No. 8-79. The motion was seconded by Councilman Mackey. Mayor Wilkins read Resolution No. 8-79 by title only. - The motion was unanimously carried. ' 2. Consideration of establishing City Council Committees Councilman Mackey stated that many people had expressed an interest in serving on committees and she had given Council a list of proposed committees which should be established soon. Among the committees recommended were Beautification which would include ' Horticulture and Litter; Administration Building Committee to begin looking into updating the building and the possibility of obtaining grants; Public Safety Committee; Park and Recreation Committee, etc. tCouncil members discussed the concept of committees with some members feeling that the City should wait until some of the City departments are established before committees get started. Council- man Highland felt that the committee needed definite directives from the Council. 1 Council decided that those interested in serving on committees i i 0 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 Page Four should write to the City stating their areas of interest and expertise. 3. Resolution No. 9-79 formalizing the appointment of City Clerk Mayor Wilkins read Resolution No. 9-79 by title only. This resolution appointed Murray L. Warden as City Clerk. MOTION: Councilman Highland moved for the adoption of Resolution No. 9-79. The motion was seconded by Councilman Nelson and unanimously carried. 4. Resolution No. 10-79 appointing a City Treasurer Mayor Wilkins read this resolution by title only which appointed Ralph H. Dowell, Jr. , City Treasurer and relieved Murray Warden from the duties as Interim City Treasurer. ` MOTION: Councilman Stover moved for the adoption of Resolution No. 10-79. The motion was seconded by Councilman Highland and carried with Councilman Mackey voting no. 5. Consideration of ads for Planning Director and Chief of Police Mr. Warden discussed these ads and asked, if Council had any changes. There were none, however, Councilman Nelson asked what Mr. Warden's salary recommendation was for Chief of Police. Mr. Warden felt that the $20,500 salary suggested in the LAFCO budget was too low in comparing the ads running in Western Cities Magazine for Police Chiefs and in comparision with ,local salaries. He suggested at least starting at $22,500. MOTION: Councilman Highland moved that a Chief of Police position be advertised at a salary of $22,500 per year. The motion was seconded by Councilman Nelson and unanimously carried. There was discussion about an interview date and Mayor Wilkins suggested that Council set aside October 27th as a tentative date to interview applicants for Planning Director. Mr. Warden stated that during this advertising period, the process to hire Staff people for these departments should begin so that when a Planning Director is hired, he can participate in the interview and selection process for his departmental staff. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 1 Page Five D. NEW BUSINESS 1. Consideration of Environmental Determination Ruda Parcel Map ED 78-300 (CO 78-262) Ellen Rognas from the County Environmental Coordinator's office was present to answer questions regarding this project. She stated that Staff had recommended that the applicant be required to pre- pare a Focused Environmental Impact Report which is less than a full EIR and focuses only on those issues considered by Staff to be significant enough to warrant mitigating measures. In this case, soil erosion, sliding, access, loss of vegetative resources and wildlife habitat, presence of historical or archeological sites, and cumulative impact. Robert Hilliard, surveyor representing the applicant Mr. Ruda, disagreed with the Staff' s recommendation. He stated that the pro- perty had just experienced two very wet winters and, if soil erosion was a problem, it would have presented itself at that time. Don Sylvia, County Fire District, was concerned about access and fire ' hazards in the area. There was considerable discussion by Council members regarding I this project. Mr. Ruda stated that he had discussed this matter with the Planning Staff and explained to them that a geologist had inspected the soil in the area and determined that soil erosion would not be a problem. Ellen Rognas had suggested that the geologist write a letter to this effect which could be included in the report. He asked if the letter would eliminate the need for an EIR focused only on the soil erosion problem. Councilman Highland still felt ' that a focused EIR was necessary because of the access problems and fire hazard. MOTION; Councilman Nelson moved that Council adopt Finding #2 on the Staff determination and that the EIR focus its report on the areas of soil erosion, sliding, access, loss of vegetative resources and wildlife habitat, presence of historical or archeological sites, and cumu- lative impact. The motion was seconded by Councilman Highland and unanimously carried. 2. Consideration of Environmental Determination - Messer Parcel Map ED 78-302 (CO 78-264) iMayor Wilkins stated that this project was also recommended for a Focused EIR. Councilman Highland stated that he had some problems with the access to this parcel which was also one of the recommenda- tions the EIR was to consider. 1 MINUTES - ATASCADERO CITY COUNCIL 1 Regular Meeting August 13 , 1979 Page Six MOTION: Councilman Highland moved that Finding #2 of the Staff determination be adopted with the EIR to be focused on access and circulation, potential significant effects due to major topographic alteration, soil erosion, and potential alternative lot configuration in order to mitigate the impacts mentioned in the Staff report. The motion was seconded by Councilman Nelson and unani- mously carried. 3. Consideration of Environmental Determination —Watson Parcel Map ED 78-303 (Tract 770) Ellen Rognas stated that this project was recommended for a Conditional Negative Declaration which means that if the applicant complies with the conditions set by Staff, no EIR is required. MOTION: Councilman Highland moved that the Council accept Finding #3 of the Staff determination on the condition that the applicant provide safe and adequate access to Parcel C and that letters be obtained from Atascadero Mutual j Water Company and appropriate community sewer district and submitted to the City of Atascadero and the County Health Department stating that they are willing and able to serve the proposed parcels. The motion was seconded by Councilman Mackey and unanimously carried. 4. Consideration of proposed lot division of Lot 24 of Block 46, Atascadero Colony - Heinemann, San Luis Engineering John Hofschroex of the County Subdivision Review Section reviewed this project which proposes to subdivide a 13. 1 acre site into three parcels of 4, 4, and 5. 5 acres each. The County Staff recommends approval with the conditions set forth in their report. Mr. Walker, representing the applicant, was present and stated that they intend to comply with the recommendations as set forth. MOTION: Councilman Nelson moved that the Council adopt the findings and recommendations of the Subdivision Review Board; find that the project is consistent with the General Plan; adopt the Environmental Coordinators recommendations and certify the EIR as being adequate. The motion was seconded by Councilman Mackey and unanimously carried. 5. Resolution No. 11-79 accepting a five foot widening of Portola Road into the City road system. Mr. Warden explained that this dedication is required of new developments in order to widen the road in accordance with the General Plan requirements. Mr. Grimes suggested that an additional section 1 MINUTES - ATASCADERO CITY COUNCIL 1 Regular Meeting August 13, 1979 Page Seven be added to the resolution to state that Council approves the map and authorizes the Mayor and City Clerk to sign it. Council accepted the amendment. MOTION: Councilman Highland moved that Council adopt Resolution No. 11-79 as amended. The motion was seconded by Council- man Mackey and unanimously carried. 6. Consideration of Ordinance No. 10 establishing a Municipal Code, providing for its up-keep and maintenance, and providing penalties for violations Mr. Grimes stated that this would provide a basis for organizing the City' s ordinances which will make them easier to find and keep them in an organized form. MOTION: Councilman Highland moved that Ordinance No. 10 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Ordinance No. 10 by tithe only. MOTION: Councilman Highland moved for the adoption of Ordinance No. 10. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. 7. Consideration of entering into the Joint Powers Agreement for San Luis Obispo County Area Council of Governments Mr. Warden explained the functions of the Council of Governments and, in particular, with regard to the distribution of SB 325 monies. He suggested that the Council agree to become a member of this body and make a motion authorizing the Mayor and City Clerk to sign the agreement. MOTION: Councilman Nelson moved that the Mayor. and City Clerk 1 be authorized to sign the Joint Powers Agreement for the San Luis Obispo County Area Council of Governments. The motion was seconded by Councilman Highland and unanimously carried. 8. Consideration of Resolution No. 12-79 authorizing invest- ment of City monies in the State Administered Local Agency Investment Fund MOTION: Councilman Highland moved for the adoption of Resolution No. 12-79. The motion was seconded by Councilman Nelson and unanimously carried. i r • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 Page Eight E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey stated that she had a request from Kate Johns to talk to Council and she would like her to have this opportunity to speak-. Mrs. Johns stated that she is the owner and operator of Atascadero Taxi. She stated that with Dial- A-Ride coming into the City and increased costs in gasoline and insur- ance, she is finding it difficult to be able to operate financially. She asked Council if they felt a taxi was needed in the City and if they could help her. Mayor Wilkins stated that, financially, the City was unable to help her. Mrs. Johns maintained that with_Dial- A-Ride, she would be unable to make a profit and could not make pay- ments which were due in the near future. Councilman Highland said that Dial-A-Ride is not in the City yet and may not be for several months. There was discussion on this matter with no Council action taken. (b) Ken Harthoorn stated that the Council had passed Ordinance No. 10 which states thatitwill be posted in three places as opposed to publishing; he asked Council which they had intended. Mr. Grimes stated that he had anticipated the Council deciding to post and that they could determine, at this time, which way they wished to go for this particular ordinance. Council agreed that this ordinance should be posted. MOTION: Councilman Highland moved that this ordinance be posted at the Post Office, Library, and City Clerk's office. The motion was seconded by Councilman Nelson and unani- mously carried. (c) Mayor Wilkins asked Mr. Warden about purchasing a PA system to replace the one the City has been borrowing. Mr. Warden stated that he has looked at several systems and hopes to be coming back with some recommendations to Council in the near future. 2. City Attorney 1 (a) Mr. Grimes addressed himself to the situation between the City of Atascadero and the County of San Luis Obispo with regard to the County continuing to provide services for the rest of the fiscal year. Mr. Grimes believes that the Government Code requires the County to do so, but the County Counsel's opinion is that the County need only provide services for a 120-day period. i MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 Page Nine He recommended that the City Manager and City Attorney be directed to write to the Board of Supervisors to find out if it, , the County, is going to comply with the State law and furnish the City with free services and, if they say "no", then the City should turn to the courts for relief. He stated it is impossible to carry on City business and make plans not knowing if the City is going to be cut off on January 2nd or not. He thought the cost of going to court might be in the neighborhood of $1,000 to $1,500. There was discussion on this matter with Council agreeing that it could not operate efficiently unless it knows for sure what is going to happen. MOTION: Councilman Highland moved that the Council instruct the City Manager and City Attorney to pursue this as aggres- sively as necessary to whatever point necessary to get it settled. The motion was seconded by Councilman Nelson and unanimously carried. 3. City Manager (a) Mr. Warden stated that the Council needs to appoint a voting delegate to the League of California Cities Annual Convention in September. Mayor Wilkins is the only Council member going to the convention, so he was appointed. (b) Mr. Warden advised that, according to the County Code which the City has adopted, September 10th is Admission Day and a legal holiday; it is also a Council meeting day. He asked Council if they wished to set their meeting over to Tuesday. Mayor Wilkins requested that the holiday schedule be brought back at the next meeting and Council could discuss it at that time. (c) Mr. Warden advised that the City had received $10,500 from the Atascadexo Fire District at 6% interest which must be paid back by January 1, 1980 or before. He stated that as of now, thefinancialpicture for the City looks brighter than a few weeks ago and it may not be necessary to use either this money or the money Council authorized the City to borrow from the Bank. The tax revenues are starting to flow; the City just received over $37,000 from the State in motor vehicle -license fees today. (d) Mr. Warden explained that he had discussed the Public Employees Retirement System benefits with a repre- sentative of that organization and he feels that their retirement package is very attractive for the City and its employees. He will bring back a report for Council with informationaboutsecuring an actuarial study. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 13, 1979 Page Ten (e) Mr. Warden reviewed the financial picture of the City to Council members. He stated that we should receive somewhere in the area of $65,000 this month with costs ' totalling approximately $4,500. Although there will be quite a few expenditures during this year while different departments are being set up, he felt that the City could expect a surplus at the end of this fiscal year in the area of $500,000 to $600,000. Mr. Warden discussed different ways the City can consider in order to save money, such as establishing a public safety depart- ment as opposed to the traditional fire and police departments. (f) Mr. Warden requested an executive session to discuss personnel matters. Mayor Wilkins stated that the meeting would adjourn to executive session and adjourn directly after that; there would be no announce- ments after executive session. The meeting adjourned at 10 :30 p.m. Recorded by: MURRAY L. WARDEN, City Clerk C lBy: Ardith Davis Deputy City Clerk