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HomeMy WebLinkAboutMinutes 092881 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting September 28 , 1981 7 30 p m " Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A , Consent Calendar , are con- sidered to be routine and will be enacted by one motion in the form listed below There will be no separate discussion of these items If discussion is required , that item will be removed from the Consent Calendar and will be considered separately Vote may be by roll call 1 Minutes of the regular meeting of September 14 , 1981 (RECOM- MEND APPROVAL) 2 Lot Line Adjustment LA 810721 1 , 2100 Traffic Way, Levi Barrett (Stewart) , to adjust an existing lot line between Parcel A of AT 80-72 and parcel 1 of AL 77-183 (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 3 Resolution No 27-81 authorizing entering into a deferred compensation plan issued by Hartford Variable Annuity Life Insurance Company (RECOMMEND ADOPTION) B HEARINGS, APPEARANCES AND REPORTS 1 Report on Departmental Review R810811 1 , 7315 E1 Camino Real , Bob Lawrence, to establish game arcade 2 Report from Citizen ' s Parking Committee regarding parking limitations 3 Oral report from Recreation Director regarding recreation activities C UNFINISHED BUSINESS 1 Ordinance No 42 amending the Animal Ordinance - second reading .rr AGENDA - ATASCADERO CITY COUNCIL - SEPTEMBER 28,1981 D NEW BUSINESS 1 Ordinance No 43 creating Chapter 2 to Title 3 of the Atasca- "` dero Municipal Code , entitled Real Property Transfer Tax - first reading 2 Resolution No 27-81 approving the application for grant funds under the Roberti-Z 'Berg Urban Open-Space and Recrea- tion Program for the Southern Atascadero Park Development project 3 Recommendation of the Mayors in San Luis Obispo County for City Councils to adopt policies regarding the San Luis Obispo Area Planning and Coordinating Council (SLO COG) 4 Payment of contractor ' s penalty, transfer of $3 , 650 from Contingency Reserve 5 Purchase of asphalt curb machine E INDIVIDUAL DETERMINATION AND/OR ACTION 1 City Council 2 City Attorney 3 City Manager NOTE The City Council will hold a closed session after the regular meeting to discuss employee negotiations �r 2 err► 1W �r MINUTES - ATASCADERO CITY COUNCIL Regular Meeting September 28 , 1981 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 �r PUBLIC COMMENT There was no public comment A CONSENT CALENDAR 1 Minutes of the regular meeting of September 14 , 1981 (RECOM- MEND APPROVAL) 2 Lot Line Adjustment LA 810721 1 , 2100 Traffic Way, Levi Barrett (Stewart) , to adjust an existing lot line between Parcel A of AT 80-72 and parcel 1 of AL 77-183 (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 3 Resolution No 27-81 authorizing entering into a deferred compensation plan issued by Hartford Variable Annuity Life Insurance Company (RECOMMEND ADOPTION) Mayor Wilkins reviewed all items on the Consent Calendar He noted that the meeting of September 14 , 1981 , adjourned at 8 45 p m MOTION Councilman Mackey moved for the acceptance of the Consent Calendar The motion was seconded by Councilman Nelson and unanimously carried B HEARINGS, APPEARANCES AND REPORTS 1 Report on Departmental Review R810811 1 , 7315 El Camino Real , Bob Lawrence, to establish game arcade Mr Warden stated that this item would normally have appeared on the Consent Calendar , however , because Staff expected public comment on this item, it was scheduled as an agenda item Mayor Wilkins asked for any comments regarding the proposed arcade in the Adobe Plaza Those speaking in opposition to the arcade ' s lo- cation were Ron Von Felden , Attorney for the tenant at the Sugarless Shack, Don Chapman , Sugarless Shack, Earl Murie , Venus de Milo, David MINUTES - ATASCADERO'ITY COUNCIL - SEPTEMBER 2'3', 1981 Graham, resident behind the proposed arcade , Anna Fleming and Karen Belcher , Mary Anne ' s Hallmark, Melanie Karp, Calico Kids, and Norleen Ginther , Ginther ' s Menswear The tenants in the Adobe Plaza were ba- sically concerned with the possibility of loitering by teenagers around the businesses in the area and disturbing their patrons They cited disturbances when the last arcade was located in the Plaza Those speaking in favor of the Arcade ' s operation were Bob Lawrence , applicant, David von Ter Stegge , attorney for Ed Worthan , lessor of the Adobe Plaza, and Mr Robert , attorney for Bob Lawrence The proponents cited clauses in the applicant ' s lease which estab- lishes control of the business and required adult supervision of the patrons Council members discussed this matter with Councilmen Mackey and Nelson opposing the arcade at this location and Councilmen Highland , Stover and Mayor Wilkins of the opinion that the applicant should be given an opportunity to establish his business in the Adobe Plaza and show his ability to run an acceptable operation Mr Warden advised that if the Council was to alter any of the conditions of the Planning Commission ' s recommendations , it would be necessary to schedule the matter for a full public hearing MOTION Councilman Stover moved for acceptance of the Planning Commission' s recommendations regarding the arcade at the Adobe Plaza The motion was seconded by Councilman Highland and carried on the following roll call vote AYES Councilmen Highland , Stover and Mayor Wilkins NOES Councilmen Mackey and Nelson RECESS 8 17 p m RECONVENED 8 22 p m 2 Report from Citizen ' s Parking Committee regarding parking limitations Erwin Manning , representing the Citizen ' s Parking Committee , re- viewed the Committee ' s recommendations regarding parking in the down- town Atascadero area The basic difference between the Traffic Com- mittee ' s recommendation and the Citizens ' Committee recommendation was in areas where the Traffic Committee was recommending "no parking" the Citizens ' Committee was recommending 112-hour parking" The Citizens ' Committee felt that there is a need for on-street parking and that there has not been a demonstrated safety hazard under present condi- tions The Traffic Committee based its recommendation on the high „ traffic volumes , adequate off-street parking, and demonstrated sight distance problems Councilman Highland expressed his desire to have one space on the ” traffic side of each curb cut kept clear He felt that the City should start with the least restrictive measure and only work to a more restrictive position if it proves necessary 2 MINUTES - ATASCADERO�CITY COUNCIL - SEPTEMBER 2 1981 The Council approved the following parking restrictions Two-hour parking from the crosswalk in front of the bowling alley to Hunt ' s Insurance on both sides of El Camino Real, except no parking from Capistrano to the driveway into the Rancho Tee Motel , no parking in front of the Century Federal Savings building, and no parking in front of Mid State Bank and the Mobil Gas Station Two hour parking on Traffic Way, Entrada and on the north side of West Mall from E1 Camino Real to Lewis Avenue , and on Palma Avenue from Traffic Way to West Mall, except for five diagonal spaces in front of the Post Office which will be 12-minute parking and diagonal spaces on the south side of Entrada from Palma Avenue to Lewis Avenue Also , one space should be kept free on the northwest corner of Traffic Way and Palma to allow a clear view for traffic making a left turn and one space at the corner of E1 Camino Real and Entrada for traffic mak- ing a right turn onto Entrada Additionally, sight clearance zones would be maintained at all driveway locations Mr Warden advised Council that the Traffic Engineer does not con- cur in this recommendation He noted that the proposal would have to be forwarded to CalTrans for their approval for the restrictions on El Camino Real since that is a State highway MOTION Councilman Mackey moved for approval of the proposal pre- sented by the Citizens Parking Committee The motion was seconded by Councilman Stover and unanimously carried 3 Oral report from the Recreation Director regarding recreation activities Skip Joannes reviewed the goals established when he first joined the Department and how those goals have been met to date One of the goals has been to develop a well-rounded department and he reviewed the activities being offered and the community' s participation in them Another goal was to acquire recreation facilities with Mr Joannes reviewing the grants that have been applied for in order to acquire facilities He also reviewed the uses of existing City facil- ities Another goal has been to develop a working relationship with the schools for use of their facilities Council thanked Skip for his report and commended him on his de- velopment and handling of recreation programs C UNFINISHED BUSINESS 1 Ordinance No 42 amending the Animal Ordinance - second read- ing MOTION Councilman Highland moved that Ordinance No 42 be read by title only The motion was seconded by Councilman Nelson and unanimously carried 3 srr MINUTES - ATASCADERO�CITY COUNCIL - SEPTEMBER 2 1981 Mayor Wilkins read Ordinance No 42 by title only MOTION Councilman Highland moved for adoption of Ordinance No 42 The motion was seconded by Councilman Nelson and unanimously carried by roll call vote D NEW BUSINESS 1 Ordinance No 43 creating Chapter 2 to Title 3 of the Atasca- dero Municipal Code , entitled Real Property Transfer Tax first reading Mr Warden explained that this is an ordinance currently in opera- tion under the City' s adopted County Code and is presented here for adoption as a City ordinance MOTION Councilman Highland moved that Ordinance No 43 be read by title only The motion was seconded by Councilman Stover and unanimously carried Mayor Wilkins read Ordinance No 43 by title only MOTION Councilman Highland moved that this constitute the first 4' reading of Ordinance No 43 The motion was seconded by Councilman Mackey and unanimously carried by roll call vote 40 2 Resolution No 27-81 approving the application for grant funds under the Roberti-Z 'Berg Urban Open-Space and Recrea- tion Program for the Southern Atascadero Park Development 106 project Mr Warden reviewed the proposal for the 20 acre park in south Atascadero The City is asking for $200 ,000 to start development of an estimated $950 ,000 overall park project This application enables the City to be considered for grant monies ,,► MOTION Councilman Nelson moved that Resolution No 27-81 be read by title only The motion was seconded by Councilman High- land and unanimously carried ' Mayor Wilkins read Resolution No 27-81 by title only Mr Doug Lewis pointed out that Council had adopted a Resolution No 27-81 earlier in the agenda Council changed the present resolution to No • 28-81 MOTION Councilman Nelson moved for the adoption of Resolution No ,W 28-81 The motion was seconded by Councilman Highland and unanimously carried by roll call vote �r "• 4 �r MINUTES - ATASCADERO ITY COUNCIL - SEPTEMBER 2tS , 1981 3 Recommendation of the Mayors in San Luis Obispo County for City Councils to adopt policies regarding the San Luis Obispo Area Planning and Coordinating Council (SLO COG) Mr Warden reviewed the letter from Mayor Pro Tem Juanita Qualls of Grover City regarding the reorganization of SLO COG and his memo to Council Mainly, the Mayors felt that the operation of the Area Coun- cil activities should be in accordance with the existing agreement It was noted that practice had caused the Area Council to evolve into an activity beyond the scope of the original agreement An example is that the agreement required receipt of the agenda at least two weeks prior to any Area Council meeting so that City Councils may review the items and instruct their representative how to vote In practice , the Area Council staff has not complied with the requirement resulting in an inability of Councils to consider agenda items The Mayor ' s group not agree with the County' s proposal to place the Area Planning Council under the direction and supervision of County offices The Mayors would like to see the present arrangement remain, that is that the Area Council staff be responsive to the Area Council , not to the County or its staff The Mayors also want the name of the agency to reflect that it is a planning and coordinating council rather than a council of govern- ments MOTION Councilman Highland moved that Council approve the Mayors position The motion was seconded by Councilman Stover and unanimously carried ` 4 Payment of contractor ' s penalty, transfer of $3,1o50 from Contingency Reserve Mr Warden stated that during the paving and grading of City streets by Jerry Lueck, the City was required by the Division of Labor Standards to withhold certain contract payments and forward them to the State for disbursement to Mr Lueck ' s employees The amount of $3 , 650 was carried forward to this fiscal year as a part of Contin- gency Reserve since the City had not received a request for payment The State has just recently made such a request MOTION Councilman Highland moved that Council approve transfer of $3 , 650 from Contingency Reserve for payment of the contrac- Ar tor ' s penalty The motion was seconded by Councilman Stover and unanimously carried by roll call vote 5 Purchase of asphalt curb machine Mr Warden stated that the Public Works Department was requesting approval to purchase an asphalt curb machine with surplus funds from the bid for an air compressor purchased at less cost than budgeted WX 5 �r MINUTES - ATASCADEROVOW CITY COUNCIL - SEPTEMBER 2tS , 1981 MOTION Councilman Nelson moved for approval of purchase of an as- phalt curb machine The motion was seconded by Councilman Highland and unanimously carried by roll call vote E INDIVIDUAL DETERMINATION AND/OR ACTION Ago 1 City Council (a) Councilman Nelson announced that because he is unable to talk with citizens during his working hours , he will be in the City Offices each Monday between 4 00 and 5 00 p m for either appointments or telephone calls, the extension number is 134 (b) Councilman Mackey stated that she was glad to see the street striping accomplished (c) Councilman Mackey was concerned about the oil explora- tion being done in the City and wondered who would benefit from the project if oil is found (d) Councilman Highland asked if Staff could look at the old Texaco gas station and the one across from the Sunken Gardens for a possible site for the Greyhound Bus Station He stated that there are several problems with its present location and Grey- hound might be pursuaded to look for an alternate location (e) Mayor Wilkins asked about the bids for the sewer plant and Mr Warden stated that they would be open tomorrow 2 City Attorney Mr Warden stated that Mr Grimes was absent due to illness ' 3 City Manager (a) Mr Warden stated that John Kennaly, Assistant Civil Engineer , had resigned and that he recommended reclas- sifying this position to an Associate Engineer to upgrade it (b) Mr Warden stated that a League of California Cities Bulletin published this week noted that the Governor would be signing a Bill (SB215) authorizing a $ 02 increase of the gas tax to provide for additional streets and highways construction This will not go into effect unless the Boards of Supervisors representing 2/3 of the State ' s population pass a resolution imposing that tax He encouraged Council members to contact the Board of Supervisors seeking this resolution (c) Mr Warden reported that SB230 recently enacted will allow options as to the dates for holding municipal elections It will allow cities to consolidate their municipal elec- tion with state-wide elections in June or November 6 1%W ter►° MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 28 , 1981 (d) Mr Warden stated that the Department of Social Services in sponsoring a forum on child abuse on November 9th in Santa Barbara Interested people can contact him for further in- formation (e) Mr Warden requested a closed session to discuss labor negotiations , he stated also that there may be an announcement at the conclusion of the meeting ( f) Mr Warden and Larry McPherson reviewed the proposed agenda for the next SLO COG meeting and made recommenda- tions for approval of the various items Council concurred (g) Mr Warden stated that the County' s use of personnel in the Police Department during the blockade at Diablo Canyon had cost the City in excess of $5 ,000 The meeting adjourned to closed session at 9 51 p m and returned to regular session at 10 03 p m Mayor Wilkins recommended approval of the Memorandum of Under- standing between the City of Atascadero and the Firefighters Bargain- ing Unit and the Fire Captains Bargaining Unit The members of these bargaining units had signed the proposed agreements The agreement included that basic salaries are retroactive to July 1 , 1981 and in- cludes full dependent medical coverage , City schedule for vacation and AM sick leave and the District ' s holiday plan and drops the longevity plan approved under the District agreement Both parties agreed to cease and desist with prejudice the existing law suit brought by the Firefighters Association against the City of Atascadero MOTION Councilman Highland moved that Council approve the MOU be- tween the City of Atascadero and the Firefightes Bargaining unit The motion was seconded by Councilman Nelson and unan- imously carried MOTION Councilman Highland moved that Council approve the MOU be- tween the City of Atascadero and the Fire Captains Bargaining Unit The motion was seconded by Councilman Mackey and unan- imously carried MOTION Councilman Highland moved that Council approve transfer of $20 , 886 from Contingency Reserve to the Fire Department pay- roll budget The motion was seconded by Councilman Stover and unanimously carried by roll call vote atiw 7 MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 28 , 1981 The meeting adjourned at 10 08 p m Recorded by MURRAY L WARDEN , City Clerk GO By Ardith Davis Deputy City Clerk �r .r� stir �w sir sw +�r .�r 8