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HomeMy WebLinkAboutMinutes 091382 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting September 13, 1982 7: 30 p.m. Atascadero Administration Building I'I The meeting was called to order at 7: 30 p.m. by Mayor Nelson with the Pledge of Allegiance. Lon Eckdahl of the Nazarene Church gave the invocation. ROLL CALL PRESENT: Councilmen Mackey, Molina. Wilkins and Mayor Nelson ABSENT: Councilman Stover PUBLIC COMMENT 1 None CITY COUNCIL COMMENTS (1) Mayor Nelson reviewed a letter he had received from Community Transit Services thanking the City for retaining that firm to operate the City' s Dial-A-Ride system. (2) Mayor Nelson stated that this week is Emergency Medical Ser- vices Week. A. CONSENT CALENDAR 1. Minutes of the regular meeting of August 23, 1982 (RECOMMEND APPROVAL) ' 2. Treasurer ' s Report, 8-1-82 to 8-31-82 (RECOMMEND APPROVAL) 3. Finance Director' s Report, 8-1-82 to 8-31-82 (RECOMMEND AP- PROVAL) ' 4. Acceptance of Final Parcel Map AT 820505: 1, 5905 5915, 5975 E1 Camino Real, Clarence Radke (Stewart) (RECOMMEND APPROVAL ' OF PLANNING COMMISSION RECOMMENDATION) 5. Grover City Resolution suggesting increased animal control charges to be utilized for spay/neuter programs (RECOMMEND ENDORSEMENT OF RESOLUTION AT ANNUAL CONVENTION) 6. Invoice for transportation and handling of hazardous materi- als (RECOMMEND AUTHORIZATION TO TRANSFER $1450.54 FROM CON- TINGENCY RESERVE) 7. Resolution No. 44-82 authorizing filing a claim for local transportation funds in compliance with the Transportation Development Act (RECOMMEND ADOPTION) r MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 13, 1982 8. Resolution No. 45-82 authorizing entering into an Agreement with Cooperative Personnel Services (RECOMMEND ADOPTION) Mayor Nelson reviewed all items on the Consent Calendar . Council- ' man Mackey requested that Item A-5 be withdrawn from the Consent Cal- endar and considered separately. MOTION: Councilman Wilkins moved for the approval of the Consent Cal- endar with the exception of Item A-5. The motion was sec- onded by Councilman Mackey and unanimously carried. A-5 Grover City Resolution suggesting increased animal control charges to be utilized for spay/neuter programs Councilman Mackey thought that action on this resolution would reach the Resolutions Committee too late to be considered at the Annu- al Convention. Mr. Warden stated that Council could go ahead and en- dorse the resolution but it probably would not come up until the next Annual Convention. MOTION: Councilman Mackey moved for support of the Grover City resolution. The motion was seconded by Councilman Wilkins and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on Tentative Parcel Map AT 811203: 1, 11705 E1 Camino Real, Edward and Judy Young (Hilliard) to allow resub- division of two existing parcels totaling 7.5 acres into three parcels of 2.5 acres each - continued ' Mr. Stevens, Planning Director , reviewed this matter for Council. Council had, at their last meeting, referred this back to the Planning Commission to consider and recommend findings supporting approval of ' the request. The Planning Staff declined to comment on the Council' s recommendation and the Commission, after reviewing and discussing the findings prepared by Staff, reaffirmed their previous recommendation to deny the project. Comments were heard from Terry Orton of Westland Engineers and John Kennaly of Twin Cities Engineers representing and in support of ' the applicant. Comments were heard from Ed Halliday in opposition to granting the appeal. MOTION: Councilman Molina moved that Council grant the appeal with the conditions from the Staff Report dated September 8, 1982. The motion was seconded by Councilman Wilkins and unanimously carried. 2. Public hearing on nuisance abatement, Enforcement Case E81-57, 2100 El Camino Real; Del Rio Investments, owner and Phillip and Mary Simoneau, tenant , Mr . Stevens reviewed the procedures by which property is declared ' a nuisance and abatement proceedings initiated. He stated that this 2 ' MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 13, 1982 item, as well as the next three, have all been through this process ' and ample time has been given to the property owners to, abate the nui- sances. The Council should now review the evidence and make a deter- mination to abate or not to abate the nuisance. The property owner ' will be given another thirty days to comply and, if nothing is accom- plished within that time, the City will contract to have the nuisance abated and charge the property owner through a tax lien against the ' property. Mr. Stevens reviewed the nuisance determination on the Simoneau property and illustrated the nuisance with slides. ' MOTION: Councilman Wilkins moved to adopt the findings and recommen- dations of the Planning Department to abate the nuisance at 2100 El Camino Real. The motion was seconded by Councilman Molina and unanimously carried. ' 3. Public hearing on nuisance abatement, Enforcement case E:81-02, 4405 Carrizo Road; D. L. Poulter , owner Mr . Stevens stated that this item is being withdrawn at this time ' since the property owner has substantially complied with the terms and conditions to abate the nuisance. ' 4. Public hearing on nuisance abatement, Enforcement Case E:81-62, 3560 Maricopa; S. and C. J. Houghton, owner Mr. Stevens reviewed the nuisance conditions on this property with slides for illustration. MOTION: Councilman Wilkins moved that Council adopt the findings and ' recommendations of the Planning Department to abate the nui- sance at 3560 Maricopa. The motion was seconded by Council- man Mackey and unanimousy carried. 5. Public hearing on nuisance abatement, Enforcement Case E:81-91, 3655 Monterey Road; T. R. Kenney/Denioer , owner/ten- ant ' Withdrawn ' C. UNFINISHED BUSINESS 1. Consideration of Wil-Mar Disposal Company increase in garbage ' service rates, Resolution No. 46-82 authorizing execution of Agreement with Wil-Mar - continued Mr. Warden reviewed Council' s previous consideration of this mat ' ter. He stated that Council was in receipt of proposed rate schedules which show figures with 1% to 5% franchise fees and the respective revenue generated by such fees. There was discussion noting that Wil- Mar may wish to extend the term and ask for an exclusive franchise. 3 ' MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 13, 1982 Councilmembers discussed the rates and franchise fee. Councilman ' Mackey stated that she had changed her mind from the last Council meeting where she was not in favor of a franchise fee; she is now pre- pared to vote in favor of a franchise fee. Councilman Molina did not ' like the franchise fee to be a percentage figure. He felt that that allowed the City to get in a private concern' s books, and the City should stay out of that area. He was more in favor of a flat fee. ' Comments were heard from William Gibbs, owner of Wil-Mar , stating that he was in favor of the franchise fee; and Kathleen Daly in oppo- sition to the franchise fee. Council discussed this matter and Mr. Warden cautioned Council against designating any funds derived from the franchise fee for any ' specific purpose so that it could not be considered a special tax. The money should only go into the City General Fund. MOTION: Councilman Wilkins moved that Council accept the rate in- crease for Wil-Mar and adopt a 5% franchise fee. The motion was seconded by Counbilman Mackey and failed on the following roll call vote: ' AYES: Councilmen Mackey and Wilkins NOES: Councilmen Molina and Mayor Nelson ' MOTION: Councilman Molina moved that Council accept the Wil-Mar fee increase and that the City receive a flat rate fee of $17,500, in monthly installments, until completion of their present contract. The motion was seconded by Councilman Mackey and failed on the following roll call vote AYES: Councilmen Mackey and Molina NOES: Councilmen Wilkins and Mayor Nelson ' Mayor Nelson was in favor of Staff coming back with actual costs to the City for administering the contract. MOTION: Councilman Wilkins moved that Council grant the Wil-Mar fee increase and 5% franchise fee. The motion was seconded by Councilman Mackey and failed with Councilmen Molina and Mayor Nelson voting no. Council decided to hold the matter over to the next Council meet ' ing when a full Council would be present. 2. Ordinance No. 57 amending Ordinance No. 19 which established ' Council procedures - first reading 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. 4 MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 13, 1982 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. ' Comments were made by Kathleen Daly regarding leaving out the sec- ond paragraph of section 2-1.01. Mr . Warden stated that the Ordinance only amends paragraph one of that section; paragraph two stays as is. ' Allen Grimes reviewed his memo to Council on questions raised at the last Council meeting relative to recording devices at Council meetings noting that such devices were not prohibited. 3. Designation of voting delegate and alternate for League of California Cities Annual Convention ' MOTION: Councilman Wilkins moved that the Mayor be designated as the voting delegate for the City and the Mayor Pro Tem as the alternate. The motion was seconded by Councilman Molina and 1 unanimously carried. 4. Consideration of adjustments, 1982-83 Final Budget ' Mr . Warden reviewed the adjustments due to some salary negotia- tions being completed, additions to the City Clerk' s budget and mis- cellaneous other previously approved items. He asked Council to note that the Plan Check Engineer salary in the Planning Department budget was for a ten month period only; next year that figure will be up by two months. ' MOTION: Councilman Wilkins moved for approval of the Final Budget with the adjustments for Fiscal Year 1982-83. The motion was seconded by Councilman Mackey and unanimously carried. D. NEW BUSINESS ' 1. Consideration of rate increase request, Falcon Cable Corpora- tion ' Mr. Warden reviewed the proposed rate increase. Comments were heard from Walt Cortez and Thomas Hatchell. Mr .- Hatchell is the Vice- President and General Manager of Falcon Cable TV. Mr. Warden sug- gested that this matter might be held over for a decision at the next Council meeting to allow the public to become aware that this increase is being considered by Council. Council agreed. RECESS: 9: 30 p.m. RECONVENED: 9: 38 p.m. 2. Consideration of committees - Councilman Mackey ' Councilman Mackey reviewed the discussion at the study session earlier in the evening and the recommendation to form several commit- tees, i.e. , a police department location and building renovation com- mittee; a committee consisting of representatives from the Chamber of Commerce, the City and the School District to review common problems a zoo committee and a fee committee. Council is working./'on organizing 5 - I f ! MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 13, 1982 these committees. Mayor Nelson noted that other committees will be discussed at the study session to be held on October 9, 1982. There ' was discussion regarding the difference between committees and commis- sions. ' 3. Report of 5th Appellate District Court decision, City of Atascadero v. Kathleen E. Daly et al. Allen Grimes reviewed the Appellate Court decision which was in t the favor of the City. He stated that attorney Martin Wolff is at- tempting to have a special hearing on this matter before the Supreme Court and suggested a letter be written to the Court advising them of ' inaccuracies in Mrd. Wolff' s letter. Council directed Mr . Grimes to write the letter. 4. Consideration of impasse resolution for Police Bargaining Units represented by California Organization of Police and Sheriffs (C.O.P.S`. ) ' Mr. Grimes advised that the City has been served with a Writ of Mandate from several officers who either were employed or are employed in the City's Police Department regarding back pay for merit in- creases. Mayor Nelson stated that the procedure for the impasse hearing ' would be a presentation by each side and a rebuttal from each side. Mr. Warden reviewed the process which had led to impasse with the Police Bargaining Unit and the last position of both sides. He-illus- trated these positions with charts showing the police salary and bene- fits under the City' s offer and under the police union demands. Mr. Warden stated that the City' s offer was within the 6% total cost offer authorized by Council which is the same offered to the other employees in the City and which would retain relative position with other cities in the County. The Police proposal wouldresultin an 18.63% increase over what they are currently being paid Mike Churnus, representing the Police Bargaining Unit, reviewed the position of the Police Unit. He cited the Police Unit' s dissatis- faction with the merit system and pay scale. Jerry Larrison, Presi- dent of the Police Officers Association reviewed the Police Bargaining Unit requests. ' Bill Avery, the City' s negotiator , stated that the final offer to the Police Bargaining Unit was fully within the 6% total cost author ' ized by Council. He said that the other bargaining units in the City had been assured that all employees would be treated equally. Comments in support of the Police position were heard from Dave ' Bolton, John Daly, Lon Eckdahl and Mike Molina. Mayor Nelson adjourned the meeting to closed session to discuss the matter at 11: 25 p.m. Council returned to regular session at 11:49 p.m. 6 MINUTES - ATASCADEROVITY COUNCIL - SEPTEMBER 1-1982 Mayor Nelson stated that the Council had arrived at a decision to stick with their 6% total package offer. He said that the City has worked hard to make employee salaries comparative with other cities in the County and to create parity within job classifications. MOTION: Councilman Wilkins moved that Council stand with their final offer to the Police Association and make this offer retroac- tive to July 1, 1982; this settlement subject to adjustment ' in the event the current Writ of Mandate is adjudicated caus- ing back pay for the City. The motion was seconded by Coun- cilman Mackey and unanimously carried. 1 E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS Nothing F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a Councilman Macke requested that a Certificate of A re ( ) Y q PP ciation be made for Edna Purser . ' (b) Councilman Molina requested that Evaluations be first on the agenda at the October 9th study session. ' (c) Councilman Molina asked about Department Heads going to the League of California Cities Annual Convention. Mr. Warden said that they could go if they had budgeted funds for the convention. 2. City Attorney (a) Mr . Grimes reported on People v. Miller . 1 3. City Clerk (a) Barbara Norris introduced Patsy Hester as the new Deputy City Clerk/PBX Operator . ' 4. City Treasurer Nothing 5. City Manager ' (a) Mr. Warden requested a closed session to discuss em- ployee negotiations and litigation. ' The meeting adjourned at 11: 58 p.m. to closed session and returned to regular session at 12:00 a.m. at which time they adjourned. ` Recorded by: az��x '� BARBARA NORRIS, City Clerk By: Ardith Davis Deputy City ,Clerk