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HomeMy WebLinkAboutMinutes 080982 t ' MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 9, 1982 7: 30 p.m. ' Atascadero Administration Building The meeting was called to order at 7: 30p.m. by Mayor Nelson with ' the Pledge of Allegiance. Bob Kanagy of the Be can Baptist Church gave the invocation. ' ROLL CALL PRESENT: Councilmen Mackey, Molina, Stover , Wilkins and Mayor, Nelson ABSENT: None PUBLIC COMMENT ' None ' COUNCIL COMMENTS (a) Councilman Mackey stated that Council was in receipt of a letter from EOC regarding cleaning up Atascadero Creek on ' August 21 and 22. Mr . Warden stated that the City would work with EOC to coordinate this project. MOTION: Councilman Mackey moved that Council endorse the Creek clean- up and authorize the use permit needed. T�e motion was sec- onded by Councilman Molina and unanimously carried. ' (b) Councilman Mackey stated that there are twD cars that park by an exit from Lucky' s market which create a barricade. She asked that the City take a look at painting red a eas at parking lot ' exits. (c) Councilman Molina commented on the neighborhood crime preven- tion programs sponsored by the Police Department. He felt that they were very worthwhile and urged citizens to participate in them. (d) Councilman Nelson stated that he had received correspondence from Mayor B'Ann Smith of Arroyo Grande stating that her City has changed its mind about placing an increase of transient occupancy tax on the November ballot. Other cities are also reconsidering their positions. RESOLUTION NO. 37-82 OF APPRECIATION FOR GEORGE P. HIGHLAND, CITY COUNCILMAN, JULY 2, 1979 TO JULY 28, 1982 Mayor Nelson called upon Mr . Highland to accept a Resolution hon- oring him. He reviewed the time and effort Mr. Highland has put into the community and read the resolution commending Mr � Highland for his civic activities. ' MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 ' MOTION: Councilman Wilkins moved for the adoption of Resolution No. 37-82. The motion was seconded by Councilman Mackey and unanimously carried. ' A. CONSENT CALENDAR 1. Minutes of the special meeting of July 26, 1982 (RECOMMEND ' APPROVAL) 2. Minutes of the regular meeting of July 26, 1982 (RECOMMEND APPROVAL) 3. Treasurer ' s Report, 7-1-82 to 7-31-82 (RECOMMEND APPROVAL) 4. Finance Director' s Report, 7-1-82 to 7-31-82 (RECOMMEND APPROVAL) ' 5. Authorize transfer of $1,984.62 from Contingency Reserve to pay for fire suppression costs from the State of California (RECOMMEND APPROVAL) 6. Resolution No. 38-82 authorizing participation in the Federal Surplus Property Program (RECOMMEND ADOPTION) ' 7. Resolution No. 39-82 appoint the Director of Public Works as the responsible public official in matters involving water rights (RECOMMEND APPROVAL) ' Mayor Nelson reviewed the items on the Consent Calendar . Council- man Molina requested that item A-5 be withdrawn from the Consent Cal- endar and offered a correction to the minutes of the regular meeting ' of July 26, 1982. On page 2, under B-1, second paragraph, the word "lives" in the first sentence should be changed to "owns property" . ' MOTION: Councilman Mackey moved for the approval of the Consent Cal- endar with the amendment of the minutes and excluding item A-5. The motion was seconded by Councilman Stover and unani- mously carried. A-5 Authorize transfer of $1,984.62 from Contingency Reserve to pay for fire suppression costs from State of California ' Councilman Molina asked if the property owner would be billed for this charge. Mr . Warden indicated that the City would bill the prop- ' erty owner if Council approved. Council indicated that they wanted the property owner to be billed. ' MOTION: Councilman Molina moved for the approval of item A-5. The motion was seconded by Councilman Stover and unanimously car- ried by roll call vote. 2 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9, 1982 B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on weed abatement charges, consideration of Resolution No. 40-82 confirming the costs of weed abatement ' Mr . Warden reviewed the annual weed abatement program. Mayor Nelson asked why there was only a thirty day period to do the con ' tract. Mike Hicks, Fire Chief, explained that the growth period of weeds does not end until the end of June. If they mowed any time be- fore that, the weeds would grow back before summer was over. Also, I] the mowing must be completed in order to get the charges to the County ! for inclusion on the tax bills by August 10th. Mayor Nelson opened the matter for public hearing and asked if the public had any comments. Mr . Warden stated that he had received a letter from J. C. Johnson at 10955 Colorado Road objecting to the mow- ing. Mr. Johnson stated that he had already mowed his property and ' the City had had it mowed again. Chief Hicks explained that the prop- erty had not been mowed satisfactorily and needed to be done correct- ly. Councilman Mackey felt that consideration should be given to the property owner regarding his complaint. MOTION: Councilman Molina moved for the adoption of Resolution No. 40-82. The motion was seconded by Councilman Wilkins and ' carried with Councilman Mackey voting no. 2. Public hearing on 1982-83 Final Budget and Revenue Sharing allocations, consideration of Resolution No. 41-82 approving the Budget for the 1982-83 Fiscal Year and appropriating funds therefor tMr . Warden explained that, under Federal regulations, it would be necessary to hold a public hearing on Revenue Sharing allocations. Mayor Nelson opened the public hearing and asked for comments. There ' were none. Mr . Warden stated that there were still some changes yet to be made to the budget such as the employee negotiation process still not being completed. Mr . Warden reviewed the committee meeting regarding the personnel for the City Clerk' s office. He noted that it had been agreed that a person would be shared between the City Clerk' s and City Manager' s office. The City Manager had budgeted for a PBX Operator in last year's budget and has still not hired the position, but plans to do so in the near future. This person could be used by the City Clerk for her functions including taking of minutes at Council meetings. It was noted that this person would be made available to the City Clerk for up to three hours per day. ' Councilman Molina stated that this should be on a six month tem- porary basis. There was considerable discussion about this with Mr . Warden stating that it would be difficult to find a qualified indivi- dual if the position was only going to be for six months. The person- nel rules provide for a six months probationary period for employees within which to rate an individual' s performance. If the person did ' not perform satisfactorily in either the PBX function or that of the 3 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 ' Deputy Clerk, then the person would be terminated from employment. Council decided that the position should be permanent with personnel rules and regulations applying. ' Mr . Warden also discussed the possibility of offering health in- surance to the elected officials (City Council, City Clerk and City Treasurer) since they are employees of the City. Council was in favor of this. MOTION: Councilman Wilkins moved that Council adopt Resolution No. 41-82 including the items discussed. The motion was seconded by Councilman Stover and carried with Councilman Molina vot- ing no. 3. Public hearing on appeal of Planning Commission decision, Tentative Parcel Map AT 811203:1, 11705 E1 Camino Real, Edward and Judy Young, to allow resubdivision of two existing ' parcels totaling 7.5 acres into three parcels of 2.5 acres each Larry Stevens, Planning Director , stated that the Planning Commis- sion had unanimously denied the application based on findings that the parcel map is not consistent with the General Plan policies, as con- cerns minimum lot size, most of the site is in the area of the 100 year flood and located in a flood plain, and possible sewage disposal system failure could be associated with flooding g problems. ' There was considerable discussion regarding the center of town and General Plan criteria governing lot size from the center of town. Comments were heard from Terry Orton of Westland Engineering and ' John Kennaly from Twin Cities Engineering in support of the applicant. Mr. Orton contended that there were many lots of similar size in the area. Mr . Kennaly addressed the flood zone issue stating that the floodway and flood plain are not a problem to this parcel. Council members indicated that they were in favor of approving the ' application with conditions. Councilman Molina felt that the center of town designation should be more precisely defined. Conditions should be set regarding the sewage drainage systema MOTION: Councilman Molina moved that Staff draft appropriate findings based on Council discussion, refer the matter to the Planning Commission for their consideration and bring it back to Coun- cil at their first meeting in September . The motion was sec- onded by Councilman Wilkins and unanimously carried. C. UNFINISHED BUSINESS None 4 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 D. NEW BUSINESS 1. Ordinance No. 57 amending Ordinance No. 19 which established ' Council procedures Mr . Warden stated that this was to correct a discrepancy between Ordinance No. 19 and Ordinance No. 48 concerning to agenda prepara- tion. Ordinance No. 57 corrects Ordinance No. 19 to retain agenda preparation with the City Manager' s office. MOTION: Councilman Wilkins moved that Ordinance No. 57 be read by title only. The motion was seconded by Councilman Mackey and unanimously carried. Mayor Nelson read Ordinance No. 57 by title only. MOTION: Councilman Wilkins moved that this constitute the first read- ing of Ordinance No. 57. The motion was seconded by Council- man Mackey and unanimously carried. 2. Consideration of rate increase and agreement for garbage col- lection and disposal service; Wil-Mar Disposal Company Mr . Warden reviewed the proposed rates and noted that this is the first rate increase the Company will receive, if approved, since 1975. Mr. Warden suggested that Council discuss the matter , allow public comment and set the matter over to the next meeting to allow time for the public to become informed about the proposed increase and to pro- vide comment to the Council. ' Mr. Warden stated that the franchise fee, although being charged to reimburse the City for the use of and wear and tear on City streets as a result of the heavy equipment the garbage company uses, will be put into the general fund. Specifying its use would make this a spe- cial tax and, therefore, would fall under Proposition 13 requirements. He noted that the General Fund is now used to repair and maintain streets because gas tax monies are not enough to support a good street ' program. Council discussed this matter and comments were heard from Kelly Gearhart, who is presently requesting a garbage collection permit from the City; Kathleen Daly, John Daly and Emil LaSalle who were opposed to the City receiving a franchise fee from this increase. MOTION: Councilman Wilkins moved that this matter be held over to the next meeting of the Council for hearing. The motion was sec- onded by Councilman Molina and unanimously carried. 3. Agreement with Community Transit Services, Inc. for Fiscal Year 1982-83 Mr. Warden stated that this was part of the budget just adopted by Council. Mayor Nelson stated that he had received some complaints regarding the service and thought perhaps an education campaign about 5 MINUTE'S - ATASCADERO CITY COUNCIL - AUGUST 9 ,1982 ' the buses should be held. Mr . Warden noted that an explanatory bro- chure is presently being written. MOTION: Councilman Stover moved for approval of the Agreement and authorize the appropriate signatures. The motion was sec- onded by Councilman Molina and unanimously carried. E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS MOTION: Councilman Wilkins moved that Council recess and convene as the Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Mackey and unanimously carried. 1. Appearance of Wallace Dunn requesting a "will serve" letter from the Sanitation District Mr. Warden reviewed his memo to the Board and the problems associ- ated with Mr. Dunn' s request. Mr. Dunn reviewed his proposed project and its location. He requested that the Board circumvent the normal process by giving him a "will serve" letter realizing that he will have to go through the regular procedures for approval of the project. Ralph McCarthy spoke on behalf of Mr . Dunn' s request. The Board discussed this matter noting the need for senior housing in Atascadero, however , did not feel that they could authorize a "will serve" letter in this case. MOTION: Director Mackey moved that the Board deny the request of Wally Dunn for a "will serve" letter . The motion was sec- onded by Director Stover and unanimously carried. MOTION.• Director Wilkins moved that the Board adjourn and reconvene as City Council. The motion was seconded by Director Mackey and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Molina suggested that a get well letter be sent to Barney Schwartz, ex-Mayor of Paso Robles. 2. City Attorney Mr. Grimes was not at the meeting due to a hearing on the Daly matter in Fresno the next day. 3. City Clerk Nothing. 6 0 ' MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 ,1982 4. City Treasurer Nothing. ' 5. City Manager (a) Mr. Warden advised that the CHP would be holding hear- ings in San Luis Obispo County regarding transporting of hazardous materials. He asked if Council still wished a presenta- tion from P.G. & E. on this subject. Council did not. (b) Mr. Warden requested a closed session to discuss labor negotiations. He stated that it is possible that there will be an announcement at the conclusion of the meeting, but he was not certain. He invited the media to call him the next day if they did not wish to wait. ' The meeting adjourned to closed session at 10: 15 p.m. and returned to regular session at 11: 30 p.m. Negotiation agreements had been reached, dependent upon Council review of the formal written Memoranda of Understanding, with the General Services, Fire Captains and Fire- fighters bargaining units. For the General Services Unit, the City will agree to pay the employee' s share of the PERS contribution; up to $38 per month of the dependent medical/dental premium; and provide $35 ' a year towards the purchase of safety boots. For the Fire Captain and Firefighter units, the City will agreeto pay the employee' s share of the PERS contribution and up to $68 per month of the dependent medical/dental premium. These units have agreed to salary parity with the equivalent police job classifications ' and to reduce their holiday shifts from 9 to 7 effective July 1, 1982 and from 7 to 5 effective June 30, 1983. All of these units have agreed to their respective total packages ' not to exceed 6% cost to the City. The meeting adjourned at 11: 30 p.m. Recorded by: BARBARA NORRIS, City Clerk By: Ardith Davis Deputy City Clerk 7