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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. 2 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. 3 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. 4 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