HomeMy WebLinkAboutMinutes 032282 MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting
March 22, 1982 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. Dave Springer of the Gospel Chapel gave the
invocation.
' ROLL CALL
PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins
ABSENT: None
PUBLIC COMMENT
(1) Howard Munson discussed the forming of a Boys' Club.
(2) Howard Marohn suggested Council adopt a resolution opposing
the changing of Atascadero State Hospital from a hospital for
mentally disordered sex offenders to a State penal institution. John
' Armstrong supported this position.
A. CONSENT CALENDAR
1. Minutes of the regular meeting of March 8, 1982 (RECOMMEND
APPROVAL)
' 2. Tentative Parcel Map AT 801210:1, 2200 San Fernando Road,
Allen and Francis Grimes (Donald Messer) to extend the time
allowed to complete requirements for an approved tentative
map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA-
TION)
3. Tentative Parcel Map AT 811125:1, 5745 Cascabel, Miller ,
' Acedo, Hayfork Land and Cattle Co. (Sylvester) , to allow di-
vision of 10.39 acres into four parcels (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
4. Road Name Change - Via Obra, Thomas E. McNamara, to establish
Via Obra as a street name for an existing private road behind
8200 E1 Camino Real (RECOMMEND APPROVAL OF PLANNING COMMIS-
SION RECOMMENDATION)
Mayor Wilkins reviewed all items on the Consent Calendar .
' MOTION: Councilman Stover moved for the approval of the Consent Cal-
endar . The motion was seconded by Councilman Nelson and
unanimously carried by roll call vote.
MINUTES - ATASCADERO CITY COUNCIL - MARCH 22, 1982
B. HEARINGS, APPEARANCES AND REPORTS
1. Request by John Daly to place a proposed Revenue Limitation
Ordinance on the June 8, 1982 ballot
Mr . Daly passed out copies of the proposed initiative ordinance.
He reviewed the history of this ordinance and its present status. He
stated that although Judge Woolpert ruled that the ordinance was in
' valid, that does not relieve the Council of the responsibility of
holding an advisory election. He pointed out that the ordinance has a
clause stating, "If any portion, part, clause or phrase hereof is for
' any reason held to be invalid by a court of competent jurisdiction,
said portion shall be deemed severable and thereafter its provisions
shall be subject to an advisory election prior to the imposition of
' any revenue raising device" . He held that the Council was not permit-
ting the people to vote on a issue which they have a right to vote on.
He said one of the reasons for not putting the matter to a vote earli-
er was because of costs. If Council puts the matter on the ballot at
' this time, there will be no costs; however, if the Appellate Court
holds that the ordinance is valid, the City will have to hold an elec-
tion at a later date, possibly at considerable cost.
' Council discussed this matter . Mr . Grimes held that an advisory
election would be of no effect if the Court later determines that the
' ordinance is invalid. He maintained his original recommendation that
the Council take no action on the ordinance, but await the decision of
the Appellate Court.
MOTION: Councilman Stover moved that Council deny John Daly' s request
that the Revenue Limitation Ordinance be put on the June 8,
1982 ballot. The motion was seconded by Councilman Highland
' and unanimously carried by roll call vote.
Comments were heard from Emile La Salle, Ed Halliday and Kathleen
' Daly in support of placing the issue on the June ballot. Herb LaPrade
spoke in opposition to the ordinance. Councilman Highland stated that
he has a problem in the wording of the Ordinance. Mayor Wilkins
stated that the City is already governed by Proposition 13 and cannot
' raise taxes. He said that this ordinance, however , would prevent the
City from raising any fees such as building permit, business license,
etc. , simply to recover costs without going to a vote of the people.
' 2. Report on petition from 3F Meadow Property Owners requesting
City Council help to investigate the best method of maintain-
ing roads in the future
Mr. Warden stated that some property owners in the 3F Meadows area
had submitted a petition requesting the City' s help to investigate the
' best method for maintaining the roads in that area. Mr . Warden recom-
mended that Council direct Staff to research the feasibility of either
an assessment or maintenance district. Council agreed with this rec-
ommendation.
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MINUTES - ATASCADERO CITY COUNCIL--- MARCH 22, 1982
MOTION: Councilman Highland moved that Staff be directed to follow-
up on this matter in the manner suggested in the memo. The
motion was seconded by Councilman Mackey and unanimously car-
ried.
3. Report on lease or purchase of police vehicles for Fiscal
Year 1982/83
Mr . Warden reviewed this item stating the Staff had been reviewing
the alternatives between leasing and/or purchasing police vehicles.
Bids for police vehicles were opened on Friday and Staff would be com-
ing back for a recommendation on awarding that bid at the next Council
meeting. The end result of the investigation is that Staff is recom-
mending sticking to the budgeted figures of leasing three vehicles and
purchasing two. No action was required of Council.
4. City Attorney' s Report No. 18
Mr. Grimes reviewed the items in his report. With regard to the
City of Los Angeles v. County of Los Angeles, he recommended that the
City participate as an amicus.
' C. UNFINISHED BUSINESS
1. Recommendation regarding Unmet Transportation Needs
' Mr. Warden reviewed his memo to Council and addressed the various
items listed in Mr . Kamhi' s letter of March 11, 1982. Councilman
' Highland stated that all four recommendations for Atascadero are re-
dundant; he suggested no action be taken.
MOTION: Councilman Highland moved that Council take no action. The
motion was seconded by Councilman Stover and unanimously car-
ried.
2. Set date to interview applicants for Parks and Recreation
Advisory Board
Council set Monday, April 12, 1982, at 7:00 p.m. , just before the
regular City Council meeting.
' 3. Ordinance No. 51 amending Section Map 12-P-32 of the Official
Zoning Maps of the City by placing certain property in the
RPD-4 Zone - first reading
MOTION: Councilman Highland moved that Ordinance No. 51 be read by
title only. The motion was seconded by Councilman Stover and
unanimously carried.
' Mayor Wilkins read Ordinance No. 51 by title only.
' MOTION: Councilman Highland moved that this constitute the first
reading of Ordinance No. 51. The motion was seconded by
Councilman Stover and unanimously carried by roll call vote.
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MINUTES - ATASCADERO CITY COUNCIL - MARCH 22, 1982
D. INDIVIDUAL DETERMINATION AND/OR ACTION
1. Consideration of Agreement between the City of Atascadero and
Becker & Bell for Negotiations and Consultant Services in
' Employer-Employee Relations
Mr. Warden reviewed the proposed contract with Becker & Bell. He
stated that each year the load of negotiations gets heavier and the
number of hours spent on them greater . Further , often residual hard
feelings make it difficult to deal with employees after the meet and
confer process is complete. Several agencies in the County (Paso
Robles, Morro Bay and the County) have contracts with Becker and Bell
for performing this service. He suggested that the City engage them
at a flat rate of $10,800 per -ne+r** plus travel expenses for the first
year. year
Comments were heardn
from Tom Starkey, an SEIU Field Representa-
tive, Herb LaPrade, Howard Marohn, John Armstrong, Cecil Barrett, Joan
Marohn and John Cole. There was discussion relative to hiring an in-
dividual to `assist the City Manager in this area. Mr. Warden stated
that he had considered that, however , the cost would be be higher
which is why he is recommending contracting.
Councilman Nelson felt that the money could be better spent else-
where. Mr . Warden noted that he had been negotiating every year since
i the Meyers-Milias-Brown Act went into effect and had kept profession-
ally trained in the area. He felt that it was necessary that the ne-
gotiation process be handled professionally and by knowledgeable peo-
ple. To do less was a disservice to the City and ignored the reali-
ties of public employee groups' expertise in this area, not only lo-
cally, but through State-wide organizations. Other Council members
felt that negotiations took the City Manager away from areas where he
could better spend his time.
MOTION: Councilman Highland moved for the approval of the contract
' with Becker & Bell and authorize the transfer of $4,000 from
contingency reserve. The motion was seconded by Councilman
Stover and carried with Councilman Nelson voting no.
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
(a) Mayor Wilkins introduced the request of Mr. Marohn that
the City oppose any change in status of the State
Hospital. It was noted that time and did not allow for another Coun-
cil meeting to be held before the matter is considered in a report to
the State Legislature.
MOTION: Councilman Highland moved that City express to the appropri-
ate legislative body the desire of the City Council that the
' Atascadero State Hospital stay as a part of the Department of
Mental Health and not a part of the Department of Correc-
tions. The motion was seconded by Councilman Mackey and
unanimously carried.
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riMINUTES - ATASCADERO CITY COUNCIL - MARCH 22, 1982
(b) Councilman Nelson brought up the matter of having an
orientation meeting between the Council candidates and
City Staff. Council discussed this and Mayor Wilkins and Councilman
Highland did not think it was necessary. The candidates have been
encouraged to contact the City Manager and Staff for questions, etc.
(c) Mayor Wilkins reminded the Council members about having
their pictures taken.
(d) Mayor Wilkins reported on the trip taken to Sacramento
last week by several staff and council members in the
County to appraise the legislators of the cities' objections to the
Governor's budget. He felt it was a very productive meeting.
2. City Attorney
' (a) Mr. Grimes noted that in his report to Council he had
stated that the status on the Firefighters suit had not
changed; however , since his report, he has received the request for
abandonment of the appeal and dismissal of the case.
3. City Manager
(a) Mr . Warden stated that he had received a communication
from the League of California Cities that their trip to
Sacramento was very effective in conveying to the legislators cities'
concerns over the impact of the Governor' s budget on city funds.
(b) Mr . Warden stated that Council was in receipt of an in-
vitation to enter the City of San Luis Obispo La Fiesta
Parade.
(c) Mr. Warden reviewed the latest information on the sewer
plant He stated that he has received notification from
the bond counsel that he would certify that the bonds were valid and
could be issued in the name of the Atascadero Sanitation District.
Staffs of the County and City will be meeting tomorrow to review a
proposed draft Joint Powers Agreement between the City and County as
' well as other draft documents requiring FmHA approval. He requested
that Council allow him to forward all necessary draft documents to the
FmHA before it comes to Council, understanding that they will be for-
warded to FmHA as a draft and must come to Council for final approval.
This will help expedite matters and perhaps allow the District to
award the bid for the construction of the plant before the April 19th
deadline.
Council agreed.
' The meeting adjourned at 9x50 p.m. to Monday, April 12, 1982, at
7:00 P.M.
Recorded by:
' MURRAY L. WARDEN, City Clerk
By: Ardith Davis
5 Deputy City Clerk