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HomeMy WebLinkAboutMinutes 121283N AG3A D '- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 12, 1983 Atascadero Administration Building The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Bob Chapman of the Central Coast Christian Fellowship Church gave the invocation. ROLL CALL Present: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey Absent: None STAFF Present Murray Warden, City Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk; Bud McHale, Police Chief; Larry McPherson, Public Works Director; Barbara Norris, City Clerk; Steve Rizzuto, City Treasurer; and Larry Stevens, Planning Director. PUBLIC COMMENTS None COUNCIL COMMENTS 1. Councilman Molina congratulated the Atascadero Greyhounds for their success this football season. 2. Councilman Molina requested that Item D-8 be discussed first under New Business. Council had no objections. A. CONSENT CALENDAR 1. Minutes of the regular meeting of November 28, 1983 (RECOM- MEND APPROVAL) 2. Treasurer's Report, November 1, 1983, to November 30, 1983 (RECOMMEND APPROVAL) 3. Finance Director's Report, November 1, 1983, to November 30, 1983 (RECOMMEND APPROVAL) 4. Acceptance of Parcel Map AT 820713:1, 3675 and 3750 Ardilla Road (Lots 43, 44, Block 17) Vera Hand/Lloyd King (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)' MINUTES - ATASCADERO CITY COUNCIL — DECEMBER 12, 1983 5. Acceptance of Parcel Map AT 830422:1, 6900 Portola/6900 San Marcos Road (Ptn. Lot 1, Block 15) A.I. Jones (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Acceptance of Parcel Map AT 810205:1, 9755 Atascadero Road (Lot 8, Block 11) Benny/Currier/Bennett (Stewart) - (pre- viously Dodd) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Acceptance of Parcel Map AT 811009:1, 4800 Obispo Road (Lot 33, Block 49)Mark Jepson (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Acceptance of Subdivision Improvement Agreement -and Bond for the Road Improvements on Obispo Road, Mark Jepson (Hil- liard) (RECOMMEND APPROVAL) Mayor Mackey reviewed all items on the Consent Calendar. MOTION: Councilman Wilkins moved to approve Items A-1 through A-8 of the Consent Calendar. The motion wassecondedby Council- man Nelson and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. City Attorney Report No. 26 Mr. Grimes presented a report from the Legal Advocacy Committee. He requested that the City join as amici in the cases of Los Angeles County Federation of Labor, etc., et al. vs County of Los Angeles and Hudson & Associates vs. City of Chula Vista. Mr. Grimes reviewed several cases discussed by the Committee and pending litigation in the City. 'He recently received a Fourth Amended Petition in the case of Larrison vs. City. He stated that the JPA is handling the matter of Halliday vs. City. MOTION: Councilman Wilkins moved to join as amici in the cases of Los Angeles County Federation of Labor,'etc., et a1.ys. County of Los Angeles and Hudson & Associates -Vs Ci-ty of Chula Vista. The motion was seconded by Councilman Nelson and unanimously carried. 2. Public Hearing to consider recommendations for Zoning Ord- inance amendments to adopt regulations for game arcades and coin-operated machines -2- MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983 Mr'. Stevens stated that the Planning Commission had conducted public hearings approving a proposed zoning ordinance amendment. He presented findings and recommended that staff be directed to bring back an ordinance for first reading. MOTION: Councilman Nelson moved to prepare an ordinance for first reading with the recommendations and findings from the Planning Commission. The motion was seconded by Councilman Wilkins and carried with Councilman Molina voting no. C. UNFINISHED BUSINESS 1. Ordinance No. 74 findings of fact concerning decision not to authorize changes in the Zoning Ordinance to permit second residential units known as "Granny Housing" - first reading (recommend adoption) MOTION: Councilman Molina moved to read Ordinance No. 74 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Mackey read Ordinance No. 74 by title only. MOTION: Councilman Molina moved that this constitute the first reading of Ordinance No. 74. The motion was seconded by Councilman Stover and carried by roll call vote. 2. Consideration of Phase II renovation project to include discussion of specific items of work necessary, to provide repairs, installation or reconstruction of mechanical, plumbing and electrical facilities (recommend approval) Larry McPherson outlined various items approved in the FY 1983-84 budget for the Phase IIrenovationproject of the Administration Building. He recommended theCouncilauthorize completionofthe project as budgeted in order to provide functional work areas with adequate heating, electrical and plumbing systems. MOTION: Councilman Wilkins moved to proceed with Phase II as presented and directed staff to proceed with the conversion. The motion was seconded by Councilman Nelson and carried on the following roll call vote AYES: Councilmen Nelson, Stover, Wilkins and Mayor _Mackey NOES: Councilman Molina 11 MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983 D. NEW BUSINESS 1. Consideration to move elections from June to November Mr. Warden asked Council if they wished to consider whether the election should remain in June or be changed to the 'November General Election. He stated that other cities are moving to the November election date for a variety of reasons. Among these reasons were concern with reviewing ° the budget and annual salary negotiations process from the election process. Also some have argued that a higher voter turn -out during the General Election is advantageous to City affairs. Norma Scott and Mr. La Salle spoke against changing the election date. Russell Goodrich felt that the issue should be on a ballot. MOTION: Councilman Molina moved not to act on this at this time and to adhere to Ordinance No. 45.. The motion was seconded by Councilman Nelson and unanimously carried. 2. Analysis of acquisition of Polin property as donation for Library purposes and consideration of Resolution No. 54-83 approving. Mr. Warden presented an analysis of the library site offered as a donation by Martin Polin. He recommended accepting the offer with no commitments to building the library at this time. Sarah Gronstrand, representing Friends of the Library, felt that the gift should not be refused. John McNeil asked if there was any time restrictions as to when the library would be built on the site. He felt that this donation should be accepted. Mr. Warden responded that there is no time limit. Aileen Cunningham stated that she is gathering signatures in favor of accepting the lot. Betty Putnam was in favor of accepting the lot but felt that the site was not suitable for a library. Dorothy McNeil, Ellen Baer, Gail Ryan, andClayCunningham spoke in favor of accepting the donation. Russell Goodrich felt that accepting the lot for a library would be a mistake. -4- MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983 MOTION: Councilman Wilkins moved to accept the lot. The motion was seconded by Councilman Nelson and unanimously carried. MOTION: Councilman Nelson moved to adopt Resolution No. 54-83. The motion was seconded by Councilman Wilkins and unanimously carried by roll call vote. MOTION: Councilman Wilkins moved not to make a commitment at this time to fund a library. The motion.was seconded by Council- man Nelson and unanimously carried. RECESS 9:23P .m. RECONVENE 9:29 p.m. 3. Consideration of bid to construct drainage structures Mr. McPherson stated that two bids were received and recommended that the bid from Young Brothers for $12,159 be accepted. MOTION: Councilman Wilkins moved to award the bid to Young Brothers ' for $12,159 to construct drainage structures. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. 4. Request for approval to transfer from Contingency Reserve $19,578.63 to provide funds_to pay for unexpected costs associated with the past wildland fire season and anticipated costs for remainder of FY 1983-84 (recommend approval) Mr. Warden stated that there have been unexpected._costs'assoc- iated with the past fire season. He requested approval to transfer funds from Contingency Reserve toprovidefor these costs and for anticipated costs for the remainder of FY 1983-84. ' MOTION: Councilman Molina moved to approve the request of transfer- ring $19,578.63 from Contingency Reserve. The motion was ' seconded by Councilman Wilkinsandunanimously carried by roll call vote. 5. Requests for City to provide defense to City and individual City employees named as defendants in the case of Halliday vs. City of Atascadero, et al. (recommend approval) ' Mr. Warden requested that, upon advice of the City Attorney, the Council provide defense for the City and individual City 1 -5- MINUTES - ATASCADERO CITY COUNCIL —DECEMBER 12, 1983 employees named in the case of Halliday vs. City. He stated that the JPA and JPA carrier will be defending the suit. Mr. Grimes stated that the City is requiredtoprovide defense if requested, and if the following conditions are satisfied: (1) each of the defendants was acting within the scope of employment; (2) each of them committed no actual fraud, corruption, or malice; and (3) that their defense would not be in conflict with the defense for the City. The City Attorney recommended approving the requests for defense. The Council members indicated their understandingof these conditions. MOTION: Councilman Wilkins moved to approve the request for defense. The motion was seconded by Councilman Stover and unanimously carried. 6. Adoption of ordinance No. 73 amending the -Bradley -Burns Uniform Local Sales and Use Tax Law as adopted by Ordinance No. 3. Changesare mandated by State legislative action (recommend adoption) ' Mr. Warden stated that legislation had been passed requiring the amendment of Ordinance No. 3 and Section 3-4.10 of the Municipal Code. He stated that the purpose of this amendment is to delete the ' exemptions for operators of waterborne vessels. MOTION: Councilman Wilkins moved to read Ordinance No. 73 by title only. The motion was seconded by Councilman Stover and unanimously carried. 1 Mayor Mackey read ordinance No. 73 .by title only. MOTION: Councilman Wilkins moved to adopt -Ordinance No. 73. The motion was seconded by Councilman Molina and unanimously carried by roll call vote. 7. Adoption of Resolution No. 53-83 approving exchange of Lakeview -property for lots fronting on Highway 41 and Lake parking area (recommend adoption) MOTION: Councilman Nelson moved to allow the City Manager to reach an agreement with the County of San Luis Obispo, subject to approval of the City Attorney, that the transfer of the Lakeview property be subject to a restriction of use for 1 recreational or public purposes and to provide for reversion of the.property so acquired to the County should the City of Atascadero transfer title to said property to a non-public 1 -6- MINUTES ATASCADERO CITY COUNCIL - DECEMBER 12, 1983 entity and authorize the City Manager to enter into that contract. The motion was seconded by Councilman Wilkins and carried.unanimously. Mayor Mackey read Resolution. No. 53-83 by title only. MOTION: Councilman Wilkins moved to adopt Resolution No. 53-83. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. 8. Adoption of Resolution No. 52-83 approving amending lease with the State of California for theSouthAtascadero Park site (recommend adoption) MOTION: Councilman Wilkins moved to adopt Resolution No. 52-83. The motion was seconded by Councilman Stover andunanimously carried by roll call vote. E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION I. City Council a. Councilman Wilkins wished the other Council members staff and the news media a Merry Christmas. b. Councilman Nelson inquired about the sewer annexation. Mr. McPherson stated that Council had approved the extension policies to enable _staff to review those requests and that staff is preparing an ordinance to revise the fees. C. Councilman Nelson asked if the city is going to hold an open house in 1984. There was no positive response from.the Council. d. Councilman Stover stated that there is a dog problem on Carrizo Road on which he resides. Doug Lewis commented that he had-contacted.Animal Control and they suggested the use of chemicals on problem dogs. 2. City Attorney None -7- MINUTES - ATASCADERO CITY COUNCIL DECEMBER 12, 1983 3. City Clerk None 4. City Treasurer None 5. City Manager a. Mr. Warden reminded Council that the meeting of December 27 had been cancelled. The next meeting will be held on January 9. b. Mr. Warden stated that there were 14 Dial -a -Ride riders for the Thanksgiving dinner. He stated that there appeared to be a lack of coordination in notifying the seniors about the rides. The meeting adjourned at 10:00 p.m. Recorded by: BARBARA NORRIS, City Clerk By: aX�7 a. d' PATSY AJ HES ER Deputy City Clerk