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HomeMy WebLinkAboutMinutes 082382 ' MINUTES - ATASCADERO CITY COUNCIL Regular Meeting August 23, 1982 7: 30 p.m. Atascadero Administration Building The meeting was called to order at 7: 30 p.m. with the Pledge of Allegiance. David Springer of the Gospel Chapel gave the invocation. ROLL CALL PRESENT: Councilmen Mackey, Molina, Stover , Wilkins, and Mayor Nelson ABSENT: None PUBLIC COMMENT (1) George Highland asked Council to clarify the working hours arrangement for the clerical assistant in the City Clerk' s office. He asked if the assistant was to be assigned to the City Clerk' s office as needed to a maximum of three hours a day or was the three hours guaranteed per day, five days a week. Mayor Nelson stated that the clerical assistant' s hours in the Clerk's office were to be three hours per day as needed, maximum. He also indicated that Coun- cil is not certain at this time how much time will be needed for the clerical assistant in the Clerk' s office, and this will be addressed by Council in the next two months. COUNCIL COMMENTS (1) Councilman Stover asked about increased animal control ser- vices. Mr . Warden stated that the County has animal control responsibilities in the City. Council can purchase enhanced animal control services if they wish to do so. Council directed staff to investigate increased enforcement and the costs involved. j (2) Councilman Mackey asked that her committee structure proposal ' be placed on the next Council agenda. (3) Mayor Nelson announced official appointments held by Council members. Councilman Stover is to continue as a representa- tive on the Area Council of Governments; Councilman Wilkins is to con- tinue his appointment to LAFCO; Mayor Nelson is to continue on the City' s Recreation Advisory Board; and Councilman Molina is to replace Councilman Mackey on the EOC Board. Councilman Wilkins noted that his appointment to LAFCO was by action of the County Mayor' s Select Com- mittee. (4) Mayor Nelson reported on the progress the Chamber of Commerce is making on their current survey and indicated the work is going well. (5) Mayor Nelson read a letter from Maggie Rice, Vice Chairman of the San Luis Obispo Emergency Medical Services Agency, thank- ing the Council for granting $3,426 for the EMT II Training. • i MINUTES - ATASCADERO CITY COUNCIL - AUGUST 23, 1982 A. CONSENT CALENDAR 1. Minutes of the regular meeting of August 9, 1982 (RECOMMEND APPROVAL) 2. Business license application, 5950 El Camino Real, Randall Craig Nelson dba: "Kozy Kasino" , to establish a card room with two tables (RECOMMEND 4PPROVAL) 3. Lot Line Adjustment LA 820602:1, 4235 and 4255 ' Dolores, Michael T. Wise and Richard R. Russell (Twin Cities) to ad- just existing lot lines to alleviate encroachment of an existing garage (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 4. Tentative Parcel Map AT 810430: 1 2205 San Fernando Road ' Edith Hessick (Stewart) to extend the time allowed to com- plete requirements for an approved tentative map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 5. Acceptance of Parcel Map AT 820309: 1, 7565 Sombrilla, Z. M. and Helen Walley (Twin Cities) (RECOMMEND APPROVAL OF PLAN- NING COMMISSION RECOMMENDATION) Mayor Nelson reviewed the Consent Calendar . MOTION: Councilman Mackey moved for the approval of the Consent Cal- endar. The motion was seconded by Councilman Stover and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Hearing on Wil-Mar Disposal Company increase in garbage ser- vice rates, Resolution No. 42-82 authorizing execution of ' Agreement with Wil-Mar Mr . Warden said that this item had been continued from the last meeting at Council' s direction to allow additional public comment. He told Council that they had several options including approval of the resolution with the rate increase and 5% franchise fee; approval of ' only the rate increase; or leaving the current agreement ,with Wil-Mar as it is until the expiration of the agreement. There was Council discussion on the matter of the rate increase and the franchise fee. Councilman Mackey said she could approve the rate increase, but not the franchise fee unless the fee was placed on the ballot. Mayor .Nelson and Councilman Molina agreed with not ap- proving the franchise fee. Councilmen Stover and Wilkins supported the resolution as written. Mayor Nelson called for public comment. Comments were heard from Mr. Anamoli, Hank Adams, Kathleen Daly, Ed Halliday, John Daly, and Kelly Gearhart. There was further discussion by Council and the fol- lowing motion was made: 2 ' MINUTES - ATASCADERO CITY COUNCIL — AUGUST 23, 1982 ' MOTION: Councilman Wilkins moved that the increased rates and 5% franchise fee be approved and that Resolution No. 42-82 be adopted. The motion was seconded by Councilman Stover and ' failed on the following roll call vote: AYES: Councilmen Stover and Wilkins ' NOES: Councilmen Mackey, Molina and Mayor Nelson MOTION: Councilman Mackey moved that the matter be referred back to Staff for a review of the rate increase and without the 5% franchise fee. The motion was seconded by Councilman Molina and carried on the following roll call vote: AYES: Councilman Mackey, Molina and Mayor Nelson NOES: Councilmen Stover and Wilkins Council consensus indicated that the rest of the agreement was acceptable. ' 2. City Attorney Report No. 21 Mr . Grimes reviewed his report for Council. Council accepted the report, but directed Mr. Grimes to bring back additional information regarding a court case involving the City of Carmel (People vs Miller) . ' C. UNFINISHED BUSINESS 1. Ordinance No. 57 amending Ordinance No. 19 which established Council procedures Mr . Warden, in response to a letter to Council from Mr . Doug Lewis, reviewed the process by which an item is included in the Coun- cil agenda and, also in response to the letter , indicated that Ordin- ance No. 48 had been passed by Council prior to the election of the ' City Clerk. Comments were heard from Kathleen Daly and Doug Lewis. Mrs. Daly ' stated that she had experienced difficulty in getting agenda time and she believed the elected Clerk should be in charge of the agenda. Mr'. Lewis felt that the agenda cut-off date should be placed at the bottom of each agenda. ' It was noted that Ordinance No. 57 should be placed before the Council again as a first reading since changes had been made. Mr. ' Warden explained that the first and second readings of ordinances, as well as any continuations by Council, were opportunities for citizens to express opinions about a proposed ordinance. He also stressed that ' no one, including the City Clerk and the City Manager, has sole au- thority to deny anyone agenda space. He asked Council that, if they felt that there was need to look into his agenda preparation process, they appoint a committee to do so. He also stated that there would be 3 i MINUTES - ATASCADERO CITY COUNCIL - AUGUST 23, 1982 no problem in meeting Mr . Lewis' request to place the cut-off require- ments at the end of each agenda. Councilman Mackey suggested a change in Ordinance No. 57 which would allow agenda items to be presented to the City Clerk or City Manager . Staff was directed to make the appropriate changes to the ordinance and return it to Council for first reading. Council agreed that there was no need to appoint a committee to look into Mr . Warden' s handling of the agenda. D. NEW BUSINESS None E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS (Council will recess and convene as the Atascadero County Sanita tion District Board of Directors) MOTION: Councilman Wilkins moved that the Council recess and convene as the Atascadero County Sanitation District, Board of Direc- tors. Councilman Mackey seconded the motion and it was unan- imously carried. 1. Resolution No. 43-82 approving the budget for the 1982-83 Fiscal Year and appropriating funds therefor There was discussion between the Board and Mr . Warden regarding . the format of the budget as well as the lack of specificity of the overhead and contingency items. However , it was noted that County staff had been quite helpful in working with the City under the pres- ent conditions imposed by FmHA. MOTION: Director Wilkins moved for adoption of Resolution No. 42-82. The motion was seconded by Director Mackey and carried on the following roll call vote: AYES: Directors Mackey, Stover , Wilkins and President Nelson NOES: Director Molina 2. Amendment to the agreement between the District and Engineer- ing-Science, Inc. to design and aid in the construction of the wastewater treatment facility ' Mr . Warden explained that the amendment allowed for an increase in the hourly rates for Engineering Science, but that the rate increase ' would also have to be approved by the Farmers Home Administration. He added that the rate increase would ultimately be refundable by the grant program. Mr. McPherson said that the operating manual and start-up in-service training was also included in the amendment and 1 was grant fundable. 4 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 23, 1982 f MOTION: Director Wilkins moved for approval of the amendment to the contract. The motion was seconded by Director Stover and unanimously carried. MOTION: Director Wilkins moved that the Board of Directors adjourn and reconvene as the City Council. The motion was seconded by Director Mackey and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey commented on the Atascadero Clean-Up project and commended those who had participated. (b) Mayor Nelson brought up the matter of another Council study session. MOTION: Councilman Mackey moved that Council set September 13, 1982 for a study session at 5: 00 p.m. until 6:00 p.m. , in Room 304. The motion was seconded by Mayor Nelson and unanimously carried. (c) Mayor Nelson reiterated some of Mrs. Daly' s earlier com- ments regarding City conformance to certain Government Code sections. Council directed Staff to prepare a report addressing City compliance with the Government Code as it applies to agenda re- quests and tape recorders. 2. City Attorney Nothing. 3. City Clerk (a) Mrs. Norris indicated that she is working with Staff and the Council committee and would like to return at a fu- ture date to a study session with the committee to discuss additional duties for the Deputy City Clerk and to clarity present statutory duties of the City Clerk, viz. , bonds and claims. She also said the Deputy, pending the outcome of reference inquiries, might be on board in two weeks. Mayor Nelson stated that Council intended to review the Clerk' s office duties in October as agreed earlier in study session. 4. City Treasurer Nothing 5. City Manager (a) Mr. Warden reminded Council that they need to select a voting delegate and alternate to the League' s Annual �I 5 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 23, 1982 ' Convention in October. Council requested that this matter be placed on the September 13th agenda. (b) Mr . Warden reviewed a letter from Assemblyman Sterling ' requesting ideas from City Councils addressing the City budget problems arising from the State' s budget process. He said Staff had prepared a draft letter which outlines several alternatives. (c) Mr . Warden reviewed a letter from Speaker Willie Brown asking cities to contact their State Legislators asking ' them not to support or allow legislative revision of the Supreme Court' s decision in the San Francisco vs. Farrell decision. Mr. Warden suggested that Council members may wish to individually contact Senators Mello, Maddy and Assemblywoman Hallett. (d) Mr. Warden requested a closed session to discuss _ labor negotiations and potential litigation and said there might be an announcement for the press afterwards. The meeting adjourned to closed session at 9: 55 p.m. and returned to regular session at 10: 05 p.m. The followng actions were taken: MOTION: Councilman Mackey moved that the City agree to pay members of the Fire Captains bargaining unit of the Fire Department ' the employee' s share of the retirement plan (PERS) based upon the salary computation as shown in the current salary and classification plan; the City will pay up to $68.00 per month ' of dependent medical and dental premiums; and agree with a reduction of shifts off for holidays to seven shifts as of July 1, 1982 and five shifts as of June 30, 1983; the shift ' provision to be applied to persons transferring from the Fire District to the City as a consequence of incorporation. The motion was seconded by Councilman Molina and unanimously car- ried. MOTION: Councilman Mackey moved that the same provisions for the Fire Captains' unit be applied to the Fire Engineers and Fire- fighters. The motion was seconded by Councilman Stover and unanimously carried. MOTION: Councilman Molina moved that with regard to the General Ser- vices bargaining unit, the City pay the employee share of the retirement system (PERS) , provide $35.00 per year toward the purchase of safety shoes, and raise the City' s payment of ' dependent medical and dental coverage $8.00 for a total of $38.00 per month. The motion was seconded by Councilman Stover and unanimously carried. ' MOTION: Councilman Wilkins moved that with regard to employees not represented by any bargaining unit, to include department heads and the City Manager , the City pay the employee share of the monthly retirement (PERS) costs and up to $38.00 per month for employee dependent medical and dental coverage. The motion was seconded by Councilman Stover and carried with Councilman Molina and Mayor Nelson voting no. 6 1 0 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 23, 1982 MOTION: Councilman Molina moved that, with regard to the City Attor- ney' s request for compensation changes, Council pay up to $150.00 per month of life insurance premiums for the City Attorney to participate in the City group life insurance plan; or , if the Attorney is ineligible because of health or other reasons, to apply the $150.00 per month as a car allow- ance. The motion was seconded with Councilmen Wilkins and Stover voting no. MOTION: Councilman Wilkins moved that the foregoing actions be retro- active to July 1, 1982; and that the retroactive payment of salaries and benefits would no longer be offered to the Po- lice bargaining unit since the August 23, 1982 deadline for reaching a settlement had not been met. The motion was sec- onded by Councilman Stover and unanimously carried. It was noted that the Police unit was still negotiating and Coun- cil may later wish to consider whether retroactive payment will be authorized. The meeting adjourned at 11: 35 p.m. Recorded by: BARBARA NORRIS, City Clerk By: Georgene Kreinberg Deputy City Clerk i 7