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HomeMy WebLinkAboutMinutes 102279 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 1979 7: 30 p.m. ' Atascadero Administration Building The meeting was called to order at 7: 30 p.m. by Mayor Wilkins ' with the Pledge of Allegiance. Reverend Russ Cahhal of the Church of Christ gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT 1. A gentleman living at the Carlton Hotel requested that something be done about the evening "drag racing" on El Camino Real. Mayor Wilkins stated that the Highway Patrol is now enforcing traffic violations until the City has an operating Police Department, but that they have very limited resources and there ' isn't a great deal that can be done. A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 8,, 1979 (RECOMMEND APPROVAL) MOTION: Councilman Mackey moved for the approval of the minutes. The motion was seconded by Councilman Nelson and unani- mously carried. 2. Treasurer' s Report, 9-20-79 to 10-17-79 (RECOMMEND APPROVAL) ' MOTION: Councilman Mackey moved for the approval of the Treasurer' s Report. The motion was seconded by Councilman Highland and unanimously carried. ' B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Little/Rauch from Planning Commission denial of extension of time for a Conditional Use Permit to allow a 5-unit multiple family residential project, Santa Ysabel Avenue, Atascadero ' Larry Red, County Planning Staff, reviewed this project for the Council. He stated that in order to extend the Conditional Use Permit, the Council must find that there were circumstances beyond �► i MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 1979 Page Two the control of the applicant which prevented him from proceeding with construction. The Planning Commission had found that the delay was not beyond the control of the applicant and, that the project was inconsistent with the General Plan. Mayor Wilkins requested comments from the public. Gaylen Little, representing the applicant, reviewed the steps involved in receiving approval of the project which began in 1977. He felt that the Planning Commission was confused when considering this project because they dealt with both the extension and the Tract Map issue at the same time. He stated that the reason he had been unable to begin construction in time was because of difficulties in arranging financing. There was considerable discussion among Council members regarding the General Plan and rezoning of the area in question. It was noted that the question before Council is whether or not the applicant had established that his failure to start construction within the use permit time requirements was beyond his control.. Mr. Grimes stated that if the Council feels that it is going to disagree with the Planning Commission, it would be proper to set forth those disagree- ments and refer that matter back to the Planning Commission for a report. Councilman Nelson stated that because of the long history involved in this project, he would like to see the extension of the use permit granted for the apartments only; approval would not include the con- dominiums. MOTION: Councilman Highland moved that Council uphold the decision ' of the Planning Commission on this item. The motion was seconded by Councilman Stover and carried on the following roll call vote: ' AYES: Councilmen Highland, Mackey, Stover and Mayor Wilkins NOES: Councilman Nelson 2. Public hearing on appeal of Donald M. Rauch from Planning Commission denial of a Tentative Tract Map to allow a subdivision of a . 49 acre site into a 5-unit condominium project, Santa Ysabel Avenue, Atascadero Larry Red stated that this is related to the first item considered and denied by, Council. Since the Use Permit was not extended, the Tract Map should also be denied. Mayor Wilkins asked if there was any public comment with regard 1 MINUTES - ATASCADERO 'CITY COUNCIL ' Regular Meeting October 22, 1979 Page Three ' to this matter. Gaylen Little reiterated his feeling that the Planning Commission had been confused when considering this matter. He requested that a decision on the appeal not be rendered until after adoption of the General Plan. Mr. Grimes advised the Council that, in view of _their previous ' action, they had no alternative but to deny the appeal. MOTION: Councilman Highland moved that the decision of the Planning Commission on the Tentative Tract Map'be, upheld. The motion was seconded by Councilman Mackey and carried on the following roll call vote: AYES: Councilmen Highland, Mackey, Stover and Mayor Wilkins NOES: Councilman Nelson 3. Consideration of AL 79-56, proposed lot line adjustment on Santa Lucia Road - Atteberry/Dostie Larry Red reviewed the proposed lot line adjustment. He stated that the Planning Commission had approved this adjustment subject to the conditions recommended by the Subdivision Review Board report dated September 5, _1979. MOTION: Councilman Highland moved that the decision of the Planning Commission on this lot line adjustment be upheld with the attached conditions. The motion was seconded by Council- man Mackey and unanimously carried by roll call vote. 4. Consideration of AL 79-38, proposed lot line adjustment on Los Osos Road - Knowles/Campbell ' Larry Red also reviewed this item stating that the Planning Commission had approved the adjustment with the conditions recommended by the Subdivision Review Board dated September 5, 1979. MOTION: Councilman Highland moved that Council uphold the decision of the Planning Commission to approve this lot line adjust- ment including the conditions as stated. The motion was seconded by Councilman Mackey and unanimously carried. 5. Report of City Manager on Planning Commission's recommenda- tions regarding a moratorium on condominium conversions Mr. Grimes stated that if the Council is going to enact a mora- torium of this nature, it will need more materials on which to ;base' i MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 1979 ' Page Four its decision; he noted that other cities had taken up to three years to come to a final decision on condominium conversions because it is such a controversial subject. There was discussion regarding the wording in the General Plan relating to condominiums. Mr. 'Grimes, after examining the General Plan provision on page 46 , paragraph 15, felt that the wording in the General Plan was sufficient to allow the Council to enact ordin- ances to regulate the conversion of apartments to condominiums. There was considerable discussion regarding this matter with comments from Planning Commissioners Norman Norton and Robert Lilley. Council members discussed holding a public hearing to consider a four month moratorium on condominium conversions. MOTION: Councilman Nelson moved that Council hold a public hearing at their next regular meeting to consider imposing a four month moratorium for condominium conversions, The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. 6. Appearance of Mike Lucas regarding the Atascadero City Emblem Design and Motto Contest Mike Lucas reviewed the process followed in selecting finalists for the emblem contest. He explained who the judges were and reviewed those submissions which had been selected for honorable mention. He also showed the twelve finalists selected by the judging committee and requested Council guidance in making the final selection. Mayor Wilkins appointed Councilmen Mackey and Stover to work with Mr. Lucas in selecting three finalists from which the Council will select one. Council was also in receipt of copies of the many different entries in the motto contest. Mr. Lucas suggested that the Council cross out those entries they felt were unsuitable and give their lists to Councilmen Mackey and Stover for their recommendations for final Council consideration. Mayor Wilkins thanked the Emblem Committee and judges for the time they devoted to this process. C. UNFINISHED BUSINESS t1. Review of contract between the City of Atascadero and the County of San Luis Obispo for Performance by County of Services MINUTES ATASCADERO CITY COUNCIL Regular Meeting October 22,. 1979 Page Five Mr. Grimes explained that the proposed agreements, which included an agreement for animal control and health services, were arrived at after negotiations over a period of time between the City Manager, City Attorney and County Counsel. Mr. Warden noted that the contracts provide that the County continue with those services provided prior to incorporation for the balance of this fiscal year. Animal control and public health services are essentially self-sustaining and will be provided on terms equal to or better than those offered to other cities in the County. Mayor Wilkins noted that no expenses were incurred to the City for these services. Council reviewed all agreements. Mr. Warden stated that in the animal control agreement and the health services agreement, a change affecting the terms and renewal of the agreements had been suggested so as to provide for renewal after July 1, 1980, on the same terms and conditions as prevail for other cities within the County. Mr. Warden noted that the County Counsel' s office had been very cooperative in working out this agreement; Mayor Wilkins stated that Supervisor Hans Heilmann had also worked with the City in reaching these agreements. The following motions were made adopting the separate agreements. MOTION: Councilman Highland moved that the contract between the City and the County providing continued County services to the City be approved as presented and that the Mayor and City Clerk be authorized to sign the agreement. The motion was seconded by Councilman Nelson and unanimously carried. MOTION: Councilman Highland moved that the contract between the City and the County providing animal control` services be ' approved as amended and that the Mayor and City Clerk be authorized to sign the agreement. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. MOTION: Councilman Highland moved that the contract between the City and the County providing health services be approved as amended and that the Mayor and City Clerk be authorized to sign the agreement. The motion was seconded by Council- man Mackey and unanimously carried by roll call vote. D. NEW BUSINESS 1. Consideration of request by John Daly for adoption of ' revenue limitation ordinance MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 19.7 Page Six ' Mr. Daly reviewed the ordinance and its provisions for Council; he felt that the Council should have no objection to adopting the ordinance since he felt that it reflected the Council's campaign promises. There was discussion of the proposed ordinance with members of the Council expressing concern as to the Council ' s ability to charge fees commensurate with the cost of services such as fees for new recreation programs, etc. , which could change as costs for materials, supplies, or personnel might be affected by rising costs. ' MOTION: Councilman Highland moved that the ordinance be referred to the City Attorney for study with a report back to the Council as to the ramifications of adopting such an ordinance. Mr. Grimes suggested that the matter also be referred to the City Manager for his input. Councilman Highland amended his motion to include referral of the matter to the City Manager. The motion seconded by Councilman Stover and unanimously carried. 2. Consideration of Ordinance Establishing Office of City Attorney Mr. Grimes stated that a the ordinance had been prepared as an urgency measure, however, since an urgency does not exist, he 1 suggested that the ordinance be introduced at this meeting with the second reading to take place at the next meeting. MOTION: Councilman Highland moved that the ordinance be introduced into the record. The motion was seconded by Councilman Mackey and unanimously carried. 3. Review of Use Permits for space in the Administration Building and property at Atascadero Lake Mayor Wilkins explained that the use permits were for the Atascadero Jaycees' use of a portion of the basement in the Adminis- tration Building; the Atascadero Youth Athletics ' use of the Atascadero Lake Pavilion; and Stewart Scribner's use of a food concession stand at Atascadero Lake. Mr. Warden suggested that in the case of the uses requested for space in the Administration Building, a condition be adopted which would allow the use permit to be modified after reasonable notice by the City so that the City could have the oppor- tunity to realign uses within the building as needed to accommodate City offices as well as groups desiring space. r r MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22 , 1979 Page Seven MOTION: Councilman Nelson moved that the use permits be approved with the condition that they could be cancelled or modi- fied after reasonable notice by the City to the permit holders of the intended changes. The motion was seconded by Councilman Highland and unanimously carried. Lon Allen asked if the 4-H Club would be able to continue to use their room in the basement. Councilman Highland stated that he hoped the organizations currently using the building would be able to continue using it, however, there may have to be some reallocation of uses so that more than one organization can use the same space, at different times during the week. Currently, some organizations have exclusive use of space in the building and only use such space for a few hours a month. Some consolidations would, therefore, appear possible and reasonable. 4. Consideration of establishing a speed zone on San Gabriel Road Mr. Warden advised that he had discussed this matter with personnel in the County Engineer's office this afternoon and, since Mrs. Duckworth is not happy with the recommendation of a 45 mile per hour speed limit, that office will conduct another survey at a time recommended by Mrs. Duckworth. He asked Council to take no action at this time pending receipt of further information. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Makcey advised that a program in honor of U. N. Day would be held at the Community Church on Thursday, October 25, 1979 at 7:30 p.m. (b) Councilman Mackey stated that she had some posters urging a yes vote on the Library Tax if anyonewanted them for display in their office or place of business. (c) Mayor Wilkins requested that Council pass a resolution commending the Colony Days committees including Lila Brehm, Maggie Rice and the Fire Department and Fire Department volun- teers for their work. MOTION: Mayor Wilkins moved that a resolution be adopted commending Lila Brehm, Maggie Rice, the Fire Department and Volunteer Firemen as well as all committee members for their efforts in making a success of the Colony Days celebration. The motion was seconded by Councilman Nelson and unanimously carried. r MINUTES ATASCADERO CITY COUNCIL Regular Meeting- October 22, 1979 Page Eight (d) Mayor Wilkins observed that the Paso Robles Airport Day Air Show provided some spectacular demonstrations and was quite successful. 2. City Attorney - (a) Mr. Grimes requested an executive session to consider a personnel matter relating to the performance of the duties of City Attorney; he said that there would probably be further action after the executive session. 3. City Manager (a) Mr. Warden advised that November 12th (Veterans Day) is a County recognized holiday and City Offices would be closed in accordancewith the adopted ordinance. He noted that this date is also a regular meeting night for the City Council. He asked Council if they wished to change their meeting night. Council decided to meet Wednesday, November 14, 1979. (b) Mr. Warden asked Council to choose a screening committee of Council members to screen resumes of applicants for Police Chief. Mayor Wilkins appointed Councilmen Highland and Stover to screen these applications. Councilman Nelson suggested having a committee to screen Police Chief applicants; he felt that there were qualified professionals within the community who would be helpful in the screening process. There was discussion regarding the interviewing of Planning Director applicants during an executive session on Saturday, October 27th. Council agreed that two members of the public should be included on the screening committee for Police Chief applicants. It was decided that each Council member would provide a name of someone they wished to be on the committee to Mayor Wilkins and he would choose two from that list. The meetingadjourned to executive session at 10:43 .m. and 7 P returned to regular session at 10: 50 p.m. Allen Grimes, City Attorney, announced that he would be having a medical examination which would take a week with a possibility that he would be under medical care for a longer period based on the results of the examination. He requested a leave of absence without pay commencing October 24th for the period of possible treatment estimated to be approximately four to six weeks. He recommended that Council hire Fred Metzger on a temporary basis as City Attorney at $50.00 per hour plus out of pocket expenses. He requested that Mr. Metzger be authorized to consult with Michael LeSage, an experienced City MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22 , 1979 Page Nine Attorney in Paso Robles, if the need arises, at a similar fee. MOTION: Councilman Highland moved that Fred Metzger be appointed ' City Attorney on a temporary basis at a fee of $50. 00 per hour plus expenses with the option of consulting with Mr. LeSage if he finds it necessary; and that Mr. Grimes be granted the leave of absence without pay. The motion was seconded by Councilman Nelson and unani- mously carried. The meeting adjourned at 10: 55 p.m. to Wednesday, November 14, 1979. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk i 1 1 1, 1 1 1 s 1