Loading...
HomeMy WebLinkAboutAgenda Packet 07/09/1979 1 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting • July 9, 1979 7 : 30 p .m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A . CONSENT CALENDAR None B. HEARINGS , APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS None D. NEW BUSINESS 1 . Consideration of Resolution No . 1-79, a resolution appointing the City Attorney and establishing compensation for the position 2 . Consideration of Ordinance No. 3, an ordinance imposing a sales and use tax to be administered by State Board of Equalization 3 . Consideration of an agreement with the State Board of Equalisation for administering a local sales and use -tax and directing the Mayor and City Clerk to execute same 4 . Consideration of Ordinance No. 4 an ordinance establishing the office of city manager h . Consideration of Ordinance No . 5 , ap ordinance establishing the office of city clerk 6 . Consideration of Ordinance No. 6, an ordinance establishing the office of city treasurer p 7. Consideration of Ordinance No . 7, an, ordinance establishing the office of finance director ,, 8. Council discussion and determination of establishing a planning commission and determining the number of members thereto and directing the drafting of an ordinance to accomplish same E . INDIVIDUAL DETERMINATION AND/OR ACTION _ 1 . City Council 2. City Attorney 3 . City Tianager • CITY OF ATASCADERU COUNCIL MEETING • �v July 2, 1979. The meeting was called to order by Acting Chairman Bob Wilkins, Jr. After the Flag Salute, invocation was given by Rev. a , pastor of the Atascadero Bible Church. ' Bob Wilkins Jr. was nominated for Mayor (motion G. Highland, 2nd W. Stover) . Election was by unanimous vote. William Stover was nominated for Mayor pro tempore (motion Rolfe Nelson, 2nd M. Mackey) . Election was by unanimous vote. A motion was presented (motion G. Highland, 2nd M. Mackey) that the terms of office for the Mayor and Mayor pro tempore be set at one year. Motion adopted unanimously. A motion was presented (TRotion G. Highland, 2nd W. Stover) to consider Urgency Ordinance 79-1 by title only. Motion adopted unanimously. Motion presented (R. Nelson, 2nd W. Stover) to adopt Ordinance 79-1. After discussion, motion was amended (R. Nelson motion, M. Mackey 2nd) to adopt Ordinance 79-1 with deletion of sentence 3 , Section 3, beginning "Government Code Section 34328.5 . . . " and ending ". . . ordinances superseding them. " . Roll call vote: Ayes: Highland, Mackey, Nelson, Stover, Wilkins; Nays: None A motion was presented (motion by W. Stover, 2nd G. Highland) to consider Urgency Ordinance 79-2 by title only. Motion adopted unanimously. Motion was presented to adopt Urgency Ordinance 79-2 (motion G. Highland, 2nd W. Stover) . Roll call vote: Ayes: G. Highland, til. Mackey, W. Stover, B. Wilkins; Nays: R. Nelson. The floor was opened by the Mayor for general public discussion. The Council adjourned to an Executive Session. Council reconvened. The selection of Murray Warden, by a 5-0 vote, to serve as City Manager/City Clerk was announced. The meeting was adjourned tQ 7:30 P.M. , Monday, July 9, 1979. 4;;' Geor a P. Hig and, Acting Clerk • • CITY OF ATASCAIIE'RO • COUNCIL MEETING July 2, 1979. The meeting was called to order by Acting Chairman Bob Wilkins, Jr. After the Flag Salute, invocation was given by Rev. E. B. Claud, pastor of the Atascadero Bible Church. Bob Wilkins Jr. was nominated for Mayor (motion G. Highland, 2nd W. Stover) . Election was by unanimous vota. William Stover was nominated for Mayor pro tempore (motion Rolfe Nelson, 2nd M. Mackey) . Election was by unanimous vote. A motion was presented (motion G. Highland, 2nd M. Mackey) that the term, of office for the Mayor and Mayor pro tempore be set at one year. Motion adopted unanimously. A motion was presented (motion G. Highland, 2nd W. Stover) to consider Urgency Ordinance 79-1 by title only. Motion adopted unanimously. Motion presented (R. Nelson, 2nd W. Stover) to adept [ordinance 79-1. After discussion, motion was amended (R. !Nelson motion, M. Mackey 2nd) to adopt Ordinance 79-1 with deletion of sentence 3, Section 3, beginning "Government Cade Section 34323.5 . . ." and ending " . . .ordinances superseding them. " . Rohl call. vote: Ayes: Highland, Mackey, Nelson, Stover, Wilkins; Nays-. None A motion was presented (motion by W. Stover, 2nd G. Highland) to consider Urgency Ordinance 79-2 by title only. Motion adopted unanimously. Motion was presented to adopt Urgency Ordinance 79-2 (motion G. Highland, 2nd W. Stover) . Roll call vote: Ayes: G. Highland, M. Mackey, W. Stover, B. Wilkins; Nayc: R. Nelson. The floor was opened by the Mayor for general public discussion. The Council adjourned to an Executive Session. Council reconvened. The selection of Murray Warden, by a 5-0 vota, to serve as City Manager/City Clerk was announced. The meetingwasadjourned to 7:30 P.M. , Monday, July 9, 1979. � • /Geor P. Hig and, 4 Acting Clerk i i Rei-, ;Ia:r Eeetsr-. J 1 Veterans 1'• emorial r�zildir^ Call to Order Fled--e of Aller=;lance Invocation Roll Call A-1 ` o.mina-ions and electi.or of .sayer ' 1w A-? Idoriina ions and election of eore r A Determination od ' le.. . Fy ..,no r e N A-4 Consideration and ado-otion of Ordinanc--. Eo . 1- as an urgency mea7,ur e , ord'Lnance -4.-ne time and 7)lc:ce of l e�;L lar Ii;Pn t ti- Co.-sideration and adoption of 'Ordinance No. 1 as 2i: ur,'Prcy -measure , ordinance adopti2 c' tlhe County Code for the Ci ty cf Atasca.dero A-c U'eneral discussion ADJO RrI TO MO dD Y� JT LY 9 , 1975 tascadeiCa INCORPORATED JULY 2. 1979 � 7 9 L� / DATE .July 25, 1979. TO Mayor Wilkins, Cobncil members Mackey, Nelson & Stover FROM Councilman Highland SUBJECT AL 79-23, Lot Line Adjustment application submitted by Washburn/Sims After studying the packet submitted by the County Planning Dept., and after talking with Mr. Washburn, I have come to the conclusion this application represents a disagreement between the Dept. and Mr. Washburn conseening who told what to whom. I am also convinced we could never determine who is right. The facts are: 1. The Lot Line Ad,jsutment would create a lot smaller than permitted in the G.P. 2. The existing lot is smaller than permitted under the Plan, and is smaller than the one that would be created. 3. A building exists on the existing lot and on part of the proposed lot. In this particular case I would support granting the Lot Line Adjustment as proposed by the applicants. NEn A. ROcoweY, Director Telephone(805)549-5600 PLANNING DEPARTMENT Courthouse Annex SAN LUIS OBISPO, CALIFORNIA - 93408 July 19, 1979 Honorable City Council Atascadero, California SUBJECT: AL 79-23, PROPOSED LOT LINE ADJUSTMENT OF A PORTION OF LOTS 4, 5, AND 5A, BLOCK 7, ATASCADERO COLONY (ZONING. C-2-D(518) (SIMS/WASHBURN - NONE) APPEAL OF A DENIAL BY THE SUBDIVISION REVIEW BOARD At a regular meeting of the Subdivision Review Board on July ll, 1979, the attached Lot Line Adjustment was considered and denied. The applicants subsequently appealed this denial to your City Council for final determination. The County Subdivision Ordinance (Title 21) provides for approval of Lot Line Adjustment by the Governing Body or City Council. The proposed adjustment does not comply with the Atascadero General Plan as to minimum lot size as indicated in the Subdivision Review Board Reports. The Review Board clearly considers the entire site as consolidated into one lot for building and zoning purposes. We could support an adjustment only if the new resulting parcels complied with the General Plan (half acre lots). The proposed parcel, under the applicants' current proposal, is for a .226 acre or 9845 sq. ft. parcel. The Subdivision Review Board indicated that they could support the previous adjustment map, dated July 9, 1979, with the half acre parcel and with provisions for a joint use and maintenance agreement on the parking lot. Please note: that proposed conditions #2 through 5 are standard conditions establishing how the Lot Line Adjustment is to be recorded. They are established by the County's Lot Division Ordinance. Respectfully submitted, LARRY J. RED, Supervisor Subdivision Review Section ca Attachment REPORT OF THE SUBDIVISION REVIEW BOARD MEETING JULY 11, 1979 RE: AL 79-23, Proposed Lot Line Adjustment of a portion of Lots 4, 5 and SA, Block 7, Atascadero Colony (C-2-D(518) : Industrial) (Sims/Washburn None) Supervisorial District #5 (884: 7/11/79) SRB Members in Attendance: Acting Chairman, Larry Red, Larry Kelly, John Wallace, Jerry Erickson Planning Commissioner in Attendance: None Legal Counsel Present: None PROJECT DESCRIPTION This application proposes an adjustment of the line between a 8200 sq. ft. (0.19 A.C.) lot and a 1.24 acre lot. The site is located on the west side of E1 Camino Real between Curbaril Avenue and Portola Road. Zoning: C-2-D(518): "Commercial Service, Designed Development District" General Plan: 1978 Atascadero General Plan: "Industrial" REASON FOR THE ADJUSTMENT The applicant indicated the reason for the adjustment was to obtain a construction loan (Parcel "A") . COMMENTS The subject site constitutes one building site. The building location across the lots lines ties the site into one lot. The applicant is proposing to shift the lot line out from under the new building to create a new lot (Parcel A) of 0.383 acre. The entire site constitutes a shopping center approved under three separate Department Reviews (R770119:1, R770915: 1 and R781228: 1) . The 1978 Atascadero General Plan requires a minimum lot size of one-half acre. Parcel A is proposed at only .383 acre, clearly inconsistent with that plan. The Parcel (A) would also contain 24 parking spaces, more of its share of the shopping center parking spaces, leaving Parcel B, as a separate parcel, deficient in parking. The applicants submitted a revised map at the Subdivision Review Board. See the discussion section for discussion of the revised proposal. The proposed adjustment does not comply with the Atascadero General Plan as to minimum lot size. The adjustment would further divide a shopping center leaving Parcel B deficient in parking to comply with zoning requirements. One last consideration is the matter of the Atascadero incorporation. Although it appears the new City Council will take final action on this project, the Subdivision Review Board may still take action on this AL 79--23 matter. Any action taken will likely constitute an informal recommendation to the City Council. It should be noted this staff report and the recommendations are based on County policy, procedure, and ordinances. RECOMMENDATION After review of applicable General Plans and other available information the Subdivision Review Board recommends to the City of Atascadero that, the proposed Lot Line Adjustment be found not to comply with Section 21.48.017 of the Lot Division Ordinance an at it be enie Provided that the adjustment is approved, the following conditions are hereby established: 1. That a perpetual easement or restrictive convenant be recorded over Parcel "B" to serve Parcel "A." Evidence thereof must be submitted �- to the Planning Department for Certification of Compliance. 2. All conditions of approval herein specified are to be complied with prior to the recording of Certificates of Compliance which effectuates the adjustment. Said Certificates of Compliance must be signed by all record owners and holders of interest as defined in Section 21.48.017(e) of the Lot Division and notarized. 3. The Certificates of Compliance must be filed in accordance with Section 21.48.017(e) prior to transfer of the adjusted portions of the property. 4. After approval by the Board of Supervisors, compliance with the preceding conditions will bring the proposed adjustment in conformance with the Subdivision Map Act and Section 21.48. 017 of the Lot Division Ordinance. S. The Lot Line Adjustment will expire one year (12 months) from the date of Board of Supervisors' approval, -unless the Certificates of Compliance effectuating the adjustment are recorded. DISCUSSION: Mr. Sims and Mr. Washburn were present. Mr. Kelly indicated that the applicants had submitted a revised map that had enlarged Parcel "A" to one half acre, as required under the General Plan. He indicated that the Review Board could support that map with the half acre parcel and with provisions for a joint use and maintenance agreement on the parking lot. The applicants, however, submitted an additional revised map, at the Review Board, that reduced the parcel (A) to .226 acres or 9845 sq. ft. This would be smaller than the initially requested parcel of .383 acres or 16683 sq. ft. AL 79-23 Mr. Washburn stated that the trust deed holder would not agree with the enlarged parcel size. Mr. Kelly indicated that this map could not be supported as consistent with the General Plan. Mr. Washburn stated that they had talked to Mayor Wilkins and Supervisor Heilmann who indicated that they supported the application. Mr. Red indicated that the Review Board clearly considers the entire site as consolidated into one lot for building and zoning purposes. We could support an adjustment only if the new resulting parcels complied with the General Plan (half acre lots) . Mr. Kelly made changes in the Recommendation Section to reflect City of Atascadero and to condition 1 on access. The Subdivision Review Board unanimously adopted the preliminary report as amended. if � ` 1 ;,f 8i.-} i �:� M Fv �>` � ..s y�. � � ��i-� ,.J �.!f�• -�.J"f..f'. 4..�. 'Y 3 coa 4� c� �e� GIf ►� ` e.• ^z� / w 07 ?wry , Cou9�Q. �y • ✓ ' �" all vI p���`"�*` ��`.` � , / • • •ice '9�� /� / � •�s� •�//--rte �� /• •+ •: • • •♦• _ • • '� C `• /' IN,0 ^' ..`* • / /62 cI1 � 'c ap go . � � ' I• • _..•. 51 jZ t JrT lei 7 41 • • — +k • 'O • �, Sewag Dis 1. of o \ o 0' �F 06 • ` .�.. - EAG T �•�, ! 2 N �P .• / �A �.. EL I gQal APs 39 �,• � • f /� 936 ' 400 10 61kP" \ . ant lL • 9 .�� J ._ L 1/'q J� TT 1-f Y'i.ry \��f v_r `'�� r ti .ti. {�•- yr ,,.^1r �y '►L _t � � 1 � L `1. ♦ T' 'J J4 j 4~�ti. - 4r-1 .1L WK.�C ♦ e f �v� � �( ts'`J`rf J��c.,,i kJ+.r.�` ^^ti �''- `.�'r.� .JA/ �.: '--'3` V�„C�i[ tiI�JI V•V''4.rY �':_^ }.`` ,'4 l /�1b� h ,.+�} `• f�r y/U ,�`S.J`� -1.�y d 1,..r ` : 5••. r - - ..�.�" ��:....�. �/F..:�.1_:� +u'...�7+tiV" .r:4�'J:J�t`�•t,° \W1 �;J'Ys. '�1: I V { 1y(`�{67, •l f� ti Y may,/ Jv t 1_yr :II • its •~ll��'�'4w J rJ"i� ,t ~ vn'ti.` .r ti- t 1 V S t t F � f: �J! JUS• ter` )tJ Jty':j �J i� �•'� � �""tFF•.. ,'tea !.(J .s .t t � v s i V" �'N-'•�.��ti� ��: am ma 41 +}�+� � •,. e- �.J r��'4 � _ .ia`r J�u.'J `t,J t_`r J 'u „�1. e •y�:,'y��ti�"�v / .-' � .. 1 :1'-^ .L��� S] � �1y��vSft.''�J rV-V 4W�•s^.��r.,f"�•-' �`ti �ti_- � L. �J LrV J [�` �� •- - til - I"- �" .._f� �• �.. �,�{ ,. � i I�L" -J,t.�v 4'tLv '� f' i { yJ� ti{^,-:--- • , a rr r< J. t Y :x��� ~ 1.t r +'C/-/',n i• �� /�� '.�� ! .- J, '7 � . \ 'S H� F i t< _ .r. I •...... _ f, .; 1 :;�;�`�:`•:::;�.;��'ri•.•iia::�: ; ::�:{�: :�::`:}::���::�}::':'r"'a�}AI =::•:�:'.�:'�'�::�:�:�:�� y, I Ar 1171 Z P �'• h'. • `'moi 'Ji. Q - moo , 006�� 4 Ab Pi /yz o X* W M Z N a 11 0 o � 9048 N � C v IA * J Sc.�Gr �"a 60• 4 � o .� o 13 Ilk `+ v 14, � MINUTES - ATASCADERO CITY COUNCIL °�• Regular Meeting July 23 , 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. Mayor Wilkins also gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover, and Mayor Wilkins ABSENT : None PUBLIC COMMENT None ADMINISTRATION OF OATH OF OFFICE TO CITY CLERK Mayor Wilkins administered the Oath of office to Murray Warden. Mr. Warden assumed the office of City Clerk of Atascadero. • A. CONSENT CALENDAR 1. Approval of minutes of the regular meeting of July 16 , 1979 (Recommend approval) MOTION: Councilman Highland moved for the approval of the minutes of July 16 , 1979. The motion was seconded by Councilman Mackey and unanimously carried. 2. Approval of minutes of adjourned regular meeting of July 17 , 1979 (Recommend approval) MOTION: Councilman Highland moved for the approval of the minutes of July 17, 1979 . The motion was seconded by Councilman Mackey and unanimously carried. B . HEARINGS, APPEARANCES AND REPORTS 1. Report of City Council Committee on FinanceDirector Applications Councilman Stover discussed the applications received and the qualifications set by Council. He stated that the application from Ralph H. Dowell, Jr. most nearly fit the qualifications Council was seeking in a Finance Director and he was in favor of appointing him • to the position. • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting Judy 23, 1979 Page Two Councilman Mackey was not in favor of hiring a Finance Director at this time; she felt the City could wait a couple of months. Councilman Nelson also felt that the timing was wrong and was in favor of waiting until the City had a better idea of the volume of work required of a finance officer. Councilman Highland was in favor of getting a Finance Directoronboard as soon as possible. MOTION: Councilman Stover moved that Ralph H Dowell, Jr. be hired as Finance Director for the City of Atascadero within the next thirty days. The motionwas seconded by Councilman Highland. There was considerable discussion with comments from the public. Several people felt that Council should advertise more widely for this position; perhaps someone could be hired on an interim basis. There was also a review of Mr. Dowell ' s qualifications. Council advised that they had interviewed him and were satisfied that he was well qualified for the position. The motioncarried on the following roll call vote: • AYES : Councilmen Highland, Stover and Mayor Wilkins NOES Councilmen Mackey and Nelson C. UNFINISHED BUSINESS 1. ConsiderationofOrdinance No. 9 creating a Planning Commission Mayor Wilkins read Ordinance No. - 9 in its entirety. Councilman Nelson asked why the 120-day requirement inserted in ordinance No. 8 did not have to be included in this ordinance . ' There was some dis- cussion regarding Ordinance No. 8 with City Attorney Allen Grimes requesting that Ordinance No. 8 be tabled until he reviewed the require- ments of the 120-period. MOTION: Councilman Highland moved for the adoption of Ordinance No. 9 . The motion was seconded by Councilman Mackey and unanimously carried. D. NEW BUSINESS 1. Selection of Planning Commissioners Mayor Wilkins stated that the Council had interviewed applicants • for Planning Commissioner on July 17th and were now prepared to make their selections. He called a recess while the votes were tallyed. RECESS 8 : 03 p.m. RECONVENED 8 : 20 p.m. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 23 ,-1979 Page Three Mayor Wilkins announced that the following people were the Planning Commissioners selected by the Council : Leslie Cannon, Robert Lilley, Shirley Moore, Norman Norton, Elaine Oglesby, Shirley Summers, and James Wentzel. MOTION: Councilman, Highland moved that the named persons be appointed Planning Commissioners for the City of Atascadero. The motion was seconded by Councilman Stover and unanimously carried. B-1 Finance Director Mr. Warden requested that 'Council set the salary of the new Finance Director by motion. MOTION: Councilman Stover moved that the salary of the Finance Director be set at $20 ,000 per year. The motion was seconded by Councilman Highland and carried with Council- men Mackey and Nelson voting no. • D-1 Planning Commission selection Mayor Wilkins introduced the selected Planning Commissioners who were present and advised that they would be sworn in on August 6 , 1979 at 7 : 30 p.m. 2. Consideration of ordinance No. 8 amending Ordinance No. 1 relating to the time and place of regular meetings of the City Council - Mr. Grimes requested that this matter be tabled until the next meeting of the Council. Council decided they would consider this ordinance at their meeting on July 30, 1979 . 3. Consideration of Resolution No. -3-79 establishing a special Gas Tax Street Improvement Fund Mayor Wilkins read Resolution No. 3-79 in its entirety. Mr. Warden advised that Council was required by State law to establish this fund in order to receive Gas Tax monies which must be spent for specific purposes. MOTION: Councilman Mackey moved for the adoption of Resolution No. 3-79 . The motion was seconded by Councilman Stover and unanimously carried. • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 23 , 1979 Page Four E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey stated that she had sent Council members suggestions as to committees to be established and asked that the matter be scheduled for the next meeting asan agenda item. (b) Councilman Mackey discussedthepossibility of posting legal ads and ordinances as opposed to publication. She had read in information for newly incorporated cities that during the first year ads could be posted and she feltthatthis would result in considerable savings to the City. Mr. Grimes stated that it would save money, however, the public would be better served by publishing in the newspaper. Mr. Warden was directed to see what the costs of publishing were to the City. (c) Mayor Wilkins stated that Western office Products in Atascadero had donated a four-drawer filing cabinet to the new City offices along with a box of file folders and inserts. ! (d) Mayor Wilkins advised that Manford Vanderlip is pro- viding the public address system for Council meetings and wanted to thank him.- He also stated that three of the microphones had been stolen after the Council ' s last meeting. (e) Mayor Wilkins suggested that Staff being preparing the ads for Planning Director and Police Chief so that the City can start recruiting for those positions in Western Cities maga- zine. Dorothy Smith suggested that the City contact the placement office at Cal Poly for free advertising for 'City positions. Staff was directed to have ads prepared for Council review at the next regular meeting. (f) Councilman Highland thanked all applicants for Planning Commission for taking the time to apply for the posi- tion; it was a very difficult decision to select the seven out of all the qualified applicants. 2. City Attorney Mr. Grimes advised that he was preparing a framework for City' s municipal code which would be presented at the Council ' s next regular meeting if it was ready by then. 3 . City Manager (a) Mr. Warden advised that the City had received forms for MINUTES ATASCADERO CITY COUNCIL Regular Meeting July 23 , 1979 Page Five filing with the Fair Political Practices Commission and stated that the Council will have to file a statement within thirty days of assuming office in order to comply. (b) Mr. Warden stated that it is now law that cities must participate in the Unemployment Insurance plan. He reviewed thethreeways the City can participate in this plan and suggested that Council adopt the plan followed by most other cities which is joining thepublicentities fund. Any plan that Council chooses must be continued for a two-year period and then Council can change, if it wishes , to another plan. Mike Lucas suggested that the City fund itself during the first two years in order to save money. There was discussion 'with Mr. Warden directed to get some comparison figures together for Council to consider. Mr. Warden stated that he would bring this matter back at their July 30th meeting as it has to be decided before a payroll is made. (c) Mr. Warden requested that Council approve, by motion, those officers in the City to sign checks. He suggested that the Mayor, Mayor Pro Tem, City Manager and Finance Director be designated with two signatures: required, one of an elected official and one of an appointed official. MOTION: Councilman Highland moved that the Mayor, Mayor Pro Tem, City Manager, and Finance Director be authorized to sign City checks and that each check shall require the Signa- tures of one elected official and one appointed official., The motion was seconded by Councilman Nelson and unanimously carried. (d) Mr. Warden advised that the City had received approxi- mately $12, 000 from the County lighting district and he would like authorization to open an account at Mid State Bank. MOTION : Councilman Highlandmoved that the interim City Treasurer be :authorized to open a checking account at Mid State Bank. The motion was seconded by Councilman Mackey ;and unanimously carried. (e) Mr. Wardenstatedthat he had read in the paper where the County Board of Supervisors had favorably con- sidered the City's request for a $50 ,000 advance on funds. However, since it might be two or three weeks= before the money is actually received, he requested authorization to negotiate a loan with Mid State Bank. They have stated that they would advance $50 , 000 to the City at 7 interest. Because of the insurance premium the City has to pay and the forthcoming payroll , it would be advisable to secure these funds. MINUTES - ATASCADERO CITY COUNCIL • Regular Meeting July 23, 1979 Page Six MOTION: Councilman Stover moved that the City Manager be authorized to establish a line of credit with Mid State Bank up to $50,000. The motion was seconded by Councilman Highland and unanimously carried. A member of the public asked about the terms of office for Planning Commissioners. Council decided to pick the terms by lot and, after this process, the following Commissioners were selected for a four- year term: Commissioners Summers, Wentzel and Lilley; the others will be for two-year terms Council adjourned to Monday, July 30 , 1979 at 7 :30 p.m. The meeting adjourned at 8 : 58 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis • Recording Secretary • Lam. � ;� r�/ L� ..�,/�-�C.� 7"7'`.x... S �.' 1 � � � , � �� ter._ �, � _�J/�r, � � i (✓-2 y`' � .� s � }% � , 1'�_` • • • - ` AGENDA ATASCADERO CITY COUNCIL Regular Meeting July 23 , 1979 7 : 30 p .m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment ADMINISTRATION OF OATH OF OFFICE TO CITY CLERK A. CONSENT CALENDAR 1 . Approval of minutes of the regular meeting of July 16 , 1979 (Recommend approval) 2 . Approval of minutes of the adjourned regular meeting of July 17 , 1979 ( Recommend approval) B . HEARINGS , APPEARANCES AND REPORTS 1 . Report of City Council Committee on Finance Director applications C. UNFINISHED BUSINESS 1 . Consideration of Ordinance No. 9 creating a Planning Commission D. NEW BUSINESS 1 . Selection of Planning Commissioners 2 . Consideration of Ordinance No . 8 amending Ordinance No . 1P relating to the time and place of regular meetings of the City Council ,;VV E . INDIVIDUAL DETERMINATION AND/OR ACTION 1 . City Council 2 . City Attorney 3 . City Manager *D-3 Consideration of Resolution No . 3-79 establishing a special Gas Tax Street Improvement Fund (Added after preparation of the agenda. ) - ROBERT J.WILKINS,JR. • ^ MAYOR WILLIAM H.STOVER MAYOR PRO-TEMPORE- AI�L seadei® GEORGE P. HIGHLANDMARJORIE B. MACKEY PORATEDL;� ROLFE NELSON • MURRAY L. WARDEN ADMINISTRATION BUILDING CITY MANAGER/CLERK 6501 LEWIS AVENUE POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93422 MINUTES Of THE ADJOURNED MEETING ATASCADERO CITY COUNCIL July 17,1979. The City Council of the City of Atascadero, meeting in adjourned session on the above date, was called to order by Mayor Wilkins at 7:05 P.M. in the Rotunda Room of the Administration Building with the following Councilmen answering the roll: Nelson, Mackey, Wilkins, Highland and Stover. The entire meeting was devoted to interviewing 25 of the 28 applicants for positions on the Planning Commission. One appli— cant neither made an appearance nor submitted a statement, and two applicants who were unable to attend submitted statements of philosophy. The meeting was adjourned at 9:05 P.M. Georg P. HigbFrand Acting Clerk _M_E_M_O_R_A_N_D_U_M_ • TO: City Council FROM: City Manager SUBJECT: Consideration of Ordinance No . 9 creating a Planning Commission Ordinance No. 9 will establish the Planning Commmission , its term, powers, duties , functions and other pertinent matters. Section 2 concerns the term both initially and after the phase-in period for the membership . The Council indicated at its last meeting that they wished four members be appointed for two years and three for four years . Section 2 reflects that desire . I have inserted the July 31st expiration date of the term arbitrarily. Any other date would serve as well . fRRA7YIL- . WARDEN MLW: ad 7-19-79 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 16, 1979 7 : 30 p .m. Administration Building The meeting was called to order at 7 : 30 p .m. by Mayor Wilkins who led the invocation and pledge of allegiance. ROLL CALL PRESENT: Councilmen Highland , Mackey , Nelson , Stover and Mayor Wilkins ABSENT : None A . CONSENT CALENDAR 1 . Approval of minutes of the meeting of July 2 , 1979 (Recommend approval and file) 2 . Approval of minutes of the regular meeting of July 9, 1979 (Recommend approval and file) Councilman Highland noted a correction for the July 2 , 1979 minutes. Reference to "Reverend Claud" should be deleted and re- placed by the name "Reverend Glenn Layton" as well as deleting re- ference to "Atascadero Bible Church" and changing it to "Atascadero Gospel Chapel . " The correction was noted and entered . MOTION : Councilman Highland moved for the approval of the minutes of July 2 , 1979 as corrected and July 9, 1979 . The motion was seconded by Councilman Stover and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1 . Consideration of Ordinance No. 4 , an ordinance establishing the office of city manager Mayor Wilkins read Ordinance No . 4 in its entirety. Councilman Mackey questioned the provision of section 2 . 01 regarding the 180 day period before an incapacitated manager could be replaced. She observed that 90 days would appear to be more reasonable . Council agreed and amended the ordinance accordingly . There was discussion regarding section 4 . 04 concerning the authority of the city manager to appoint, remove or otherwise affect the job status of department heads . The matter was resolved with • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 16 , 1979 Page Two the suggestion that a period be inserted after the words "city attorney, " and that section 4 . 04 be re-worded to read: "Appointment , removal , promotion and demotion of department heads shall be re- commended to the city council for concurrence and confirmation . " The Council unanimously approved this change. There was further discussion regarding this ordinance with no further changes. MOTION : Councilman Highland moved for the adoption of Ordinance No . 4 as an urgency ordinance as amended . The motion was seconded by Councilman Stover and carried on the following roll call vote: AYES : Councilmen Highland, Mackey, Nelson , Stover, and Mayor Wilkins NOES : None 2 . Consideration of Ordinance No. 7 , an ordinance establishing the office of finance director Council reviewed this ordinance. MOTION: Councilman Highland moved for the adoption of Ordinance No. 7 as an urgency measure. The motion was seconded by Councilman Stover and unanimously carried on the following roll call vote: AYES : Councilmen Highland, Mackey, Nelson , Stover, and Mayor Wilkins NOES : None In addition to the items listed on the agenda, Council considered the following: 3 . Council discussed the composition of the terms of the planning commission . Councilman Highland suggested that seven members would provide a good representational cross-section . MOTION: Councilman Highland moved that the composition of the Planning Commission consist of seven members with three of the members to serve for four-year terms and four of the members to serve for two-year terms . The motion was seconded by Councilman Nelson and unanimously carried . The City Attorney was directed to return with a proposed ordin- ance establishing the planning commission . MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 16 , 1979 Page Three 4 . The City Attorney reported to the Council on his efforts to obtain clarification as to the impact of the County ' s memorandum signed by Mr . Lindholm and prepared by Mr. Jack Crawford concerning the continuation of County services to the newly incor- porated City . He asserted that in his opinion , the County ' s position was not valid, but that the County did not appear willing to agree to a different interpretation than that advanced through the memorandum. The City Attorney stated that the City would probably have to handle this issue on a case-by-case basis in determining those areas in which continued County support was required. D. NEW BUSINESS 1 . Council considered a request from the Colony Days Committee for the closure of portions of the State Highway for their October 20th parade. MOTION: Councilman Highland moved that Staff be directed to write a letter to the Department of Transportation and to the Colony Days Committee notifying them of the City ' s approval of the request . The motion was seconded by Councilman Mackey and unanimously carried. 2 . The Council considered Resolution No . 2-79, approving and authorizing execution of Joint Exercise of Powers Agreement for Insurance Coverage . Mr . Warden stated that this resolution authorized entering into a Joint Powers Authority with the other cities in the County in order to obtain liability and workers compensation insur- ance through the joint powers authority . He explained the provisions of the JPA and recommended adoption of the resolution subject to the City Attorney ' s review and approval of the joint powers documents. MOTION: Councilman Highland moved for the adoption of Resolution No . 2-79 subject to City Attorney approval of the JPA documents. The motion was seconded by Councilman Stover and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION 1 . City Council ( a) Mayor Wilkins suggested that until such time as a finance director/treasurer could be found that the City Manager, Mr. Warden, be appointed on an interim basis as treasurer and finance director . MOTION : Councilman Mackey moved that Mr . Warden be appointed ' finance director/treasurer on an interim basis. The i • AGENDA - ATASCADERO CITY COUNCIL Adjourned Meeting July 16, 1979 7 : 30 p .m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Approval of Minutes of the meeting of July 2 , 1979. (Recommend approval and file) 2 . . Approval of Minutes of the regular meeting of July 9, 1979. (Recommend approval and file) B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1. Consideration of Ordinance Number 4, an ordinance establishing rthe office of city manager. 2. Consideration of Ordinance Number 7, an ordinance establishing the office of finance director. D. NEW BUSINESS None E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2 . City Attorney 3. City Manager I ' t �'"_� '� v"Lti"mow � + "� r .f�r"� •*` ti. .. • MINUTES OF THE REGULAR MEETING ATASCADERO CITY COUNCIL July 9. 1979 The City Council of the City of Atascadero, meeting in regular session on the above date, was called to order by Mayor Wilkins at 7 : 30 p.m. in the Rotunda Room of the Administration Building with the following Councilmen answering roll : Nelson, Mackey, Wilkins, Highlan and Stover, 1. The Mayor called for the Pledge of Allegiance and Invocation and requested public comments. 2. The Council considered Resolution Number 1-79, a resolution appointing the City Attorney, Mr. Allen Grimes, which was read and introduced. Motion by Councilman Nelson , seconded by Councilman Stover, for adoption . Motion passed by the following vote: Ayes: Nelson, Mackey, Wilkins, Highland and Stover Noes : None 3. The Council was advised that the Central Coast Cities Joint Powers Authority for sefl-insurance had approved admitting Atascadero into the seven cities self-insurance fund. The Council was advised that the cost of the initial coverage would be approximately $10, 500 with an additional $6, 000 due to the Joint Powers Authority in two equal installments , one due December 30, 1979 and the final one June 31 , 1980. Motion by Councilman Mackey, seconded by Councilman Stover, for adoption passed by the following roll call vote: Ayes: Stover, Highland, Wilkins, Mackey, and Nelson Noes: None 4.Th.e City Council considered Ordinance Number 3, an ordinance imposing a sales and use tax to be administered by the State Board of Equalization. Motion by Councilman Stover, seconded by Councilman Highland, to adopt as an urgency measure passed by the following roll call vote: Ayes: Nelson, Mackey, Wilkins, Highland -and Stover Noes: None 5. The City Council considered an agreement with the State Board of Equalization for administering the aLles and use tax . Motion by Councilman Highland, seconded by Councilman Nelson , approving the agreement and directing the Mayor and Acting City Clerk to execute same passed by the following vote: Ayes: Stover, Highland, Wilkins , Mackey, Nelson Noes : None Minutes 7/9/79 Page Two 6. There was considerable discussion concerning the adoption of Ordinance Number 4, an ordinance establishing the office of City Manager, with comments from the audience concerning the duties and responsibilities of this position. After considerable discussion Councilman Mackey moved, seconded by Councilman Stover, that this matter be tabled until the July 16th meeting so that the City Attorney would have an opportunity to review its contents. Council desired to have the matter again considered at the next meeting. Motion unanimously carried by voice vote . 7. The Council considered Ordinance Number 5, an ordinance establishing the office of City Clerk, with a motion by Councilman Mackey that this item be tabled until the July 16th meeting. Motion died for lack of a second. Ordinance Number 5 was read by title only. Motion by Councilman Highland, seconded by Councilman Nelson, to adopt Ordinance Number 5 as an urgency measure, passed by the following roll call vote: Ayes: Nelson, Wilkins, Highland, Stover Noes : Mackey 8. Consideration was given to and discussion concerning adoption of Ordinance Number 6 ensued with Ordinance Number 6 being read by title only. Ordinance Number 6 concerned the creation of the office of City Treasurer. Motion by Councilman Highland, seconded by Councilman Stover for adoption. Councilman Mackey expressed a desire to have this item tabled until the July 16th meeting. Motion was passed as an urgency measure by the following roll call vote: Ayes : Stover, Highland, Wilkins, Nelson Noes: Mackey 9. Council considered and discussed adoption of Ordinance Number 7, an ordinance establishing the office of Finance Director. Motion by Councilman Highland, seconded by Councilman Nelson, to table this item until after review by the City Attorney to be returned at the July 16 . 1979 meeting. Motion carried by unanimous voice vote. 10. Council discussed the composition and term of the Planning Commissioners and sought comment from the audience. After discussion the Council directed that an ordinance be drafted creating the Planning Commission. Considered seven members initially with a eventual five member composition but the number of seats shou ld be left open for further discussion. The Council felt that Commissioners should be selected from the community at large and every effort should be made to provide a cross section of com munity interests . This ordinance was to be considered at the next regular meeting. Minutes 7/9/79 Page Three 11. The Council -discussed the possible meeting dates for interview of Planning Commission applicants. It was decided that interviews would take place on July 17,1979 at 7: 00 p .m. in the Rotunda Room and the first reading of the ordinance creating the Planning Commission would be on July 23, 1979. 12 . Under individual City Council determinations, Councilman Highland remarked that a letter should be sent as soon as possible to the California Highway Patrol asking for continued patrol coverage until the city police department is operational . Mayor Wilkins read a letter from Mike Lucas concerning the contest to create a city emblem for a city seal . Council unanimously concurred that Mr. Lucas continue his efforts to create a seal -and emblem. Mayor Wilkins reported on the Mayor 's and Manager' s meeting held in Grover City. This a a bi-monthly meeting of the Mayors and Managers of the cities in San Luis Obispo County during which matters of mutual concern are discussed. The major topic of this meeting was the approval of allowing Atascader to join with the other cities in the self-insurance pool . Mayor Wilkins emphasised the cooperative attitude of the other cities and of the savings to be realized through this joint effort . Mr. Warden requested that the Council authorize him to start acquiring office supplies and the minimum necessary equipment to get the administrative functions operational . He requested an% initial approval of $600. 00 for this purpose . Councilman Highland moved and Councilman Stover seconded that Mr. Warden be authorized to expend no more than $600. 00 for the initial equipping of the administrative office. The motion was passed on the following roll call vote: Ayes : Stover, Highland, Wilkins, Mackey, Nelson Noes : None Mr. Warden requested adjounment to executive session to consider a personnel matter. Following the executive session at which there was no official action taken it was moved by Councilman Highland, seconded by Councilman Stover and passed unanimously that the meeting be adjourn ed to regular session . Motion by Councilman Stover, seconded by Councilman Highland and passed unanimously that the meeting be adjourned to 7 : 30 p .m. on the 16th day of July, 1979. • Murray L. Warden Acting City Clerk