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REGULAR SESSION
Approved as Amended February 13, 2007
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, January 9, 2007, 7:00 P.M.
7:00 P.M.
Mayor Luna called the meeting to order 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Beraud, Clay, O'Malley, Brennler, and Mayor
Luna
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: Assistant City Manager Jim Lewis, Administrative Services Director
Rachelle Rickard, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Fire Chief Kurt Stone, Police
Chief John Couch and City Attorney Patrick Enright.
COMMUNITY FORUM:
Pastor Tom Gaddis led those present in prayer.
Raymond Jansen spoke about the Lewis Group Report regarding health care for
Californians, and asked for a resolution of endorsement for the Health Care for All
Californian's Plan.
Ann Ketcherside presented a plaque to Tom and Lee Comar for the work they did
is
during the election. She spoke about the uniqueness of Atascadero and the importance
of maintaining that uniqueness while the community grows.
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David Broadwater distributed a handout to the Council regarding televising City Council
meetings (Exhibit A), made three recommendations for broadcasting those meetings on
Charter Cable channels, and requested placing this on the next Council agenda.
Richard Mullin spoke about a new store in the Mission Oaks Annex, asked if a new
commercial complex on Santa Rosa Road would have traffic lights installed prior to the
completion of the project, and suggested a new high school or junior high school be
built near the Del Rio project to free the downtown area for more commercial
development.
Eric Greening expressed his agreement with the comments made by Mr. Broadwater,
and urged the city to include web streaming for Council meetings. He expressed
concern that the city will be using the services of Dr. William Mathis to facilitate the
upcoming strategic planning session, as he feels this may limit public participation in the
meeting and because his fees are high.
Joan O'Keefe spoke about her concerns for the Printery building including its not being
maintained in good condition and the lack of the state required written preservation
statement, and urged that a copy of the grant deed be placed in the file. She also
spoke in support of televising Council meetings.
Maria Hooper expressed concern that the deed restrictions for the Printery building are
not being followed. She is concerned that she is witnessing demolition by neglect, and
asked what the city is planning to do to prevent this.
Community Development Director Warren Frace addressed the concerns raised by Ms.
Hooper and Mrs. O'Keefe and answered questions of Council.
Council Members expressed concern that the tapestries be protected and the broken
windows boarded up as soon as possible.
Marilyn Brown spoke in support of televising and web streaming City Council meetings.
Lee Perkins thanked those who had facilitated the skating rink in the Sunken Gardens
and questioned what will become of the Annex at Del Rio Road. She asked that larger
facilities be considered for future public workshops, and expressed her support for
televising Council meetings.
Tom Comar recommended that the issue of televising City Council meetings be placed
on the next Council agenda, and explained why the Oppose Wal Mart group did not
oppose the new Dollar Store in the Annex.
Joanne Main stated that it was sad to see so many businesses closing at the new
Mission Annex at the Oaks, and urged the Oppose Wal Mart group to go and speak with
• those businesses to see what they feel about having a Wal Mart nearby. She urged
Council to not create another restrictive ordinance on business.
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• Steve Mathew, CEO of AGP Video Incorporated, made himself available to Council for
any questions they might have regarding meeting documentation by Internet or
television.
Joan O'Keefe stated it would be helpful to know if the current owner of the Printery will
be continuing with his plans for the building as he has it listed for sale. She spoke in
favor of expanding the public process for strategic planning.
David Broadwater made several protocol suggestions for the public comment period
during Council meetings.
Mayor Luna closed the Community Forum period.
Acting City Manager Jim Lewis reviewed the agenda for the Council Meeting on
January 23rd, and spoke about the process for utilizing PEG fees.
There was Council consensus to direct staff to negotiate with a local provider for
free televising of the next City Council meeting and to come back at the February
13`h meeting with a report focusing on PEG fees and the process to move that
forward.
• APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the agenda.
Motion passed 5:0 by a roll -call vote.
PRESENTATIONS:
1. Presentations to outgoing Commissioners.
Mayor Luna presented awards to outgoing Planning Commissioners Tom Jones and
Greg Porter. Mr. Jones thanked the city for the privilege of serving and staff for their
great work, and presented the city with a check from PG&E's Economic Development
Fund for $3,500 as a down payment on the city's Way Finding Program. Mr. Porter
thanked the Council, stated it was a pleasure to serve the community, and thanked staff
for their patience and help.
2. Presentation of California Firefighter Joint Apprenticeship Committee
(CFFJAC) training plaques by Fire Chief Stone.
Chief Stone presented the plaques to Matt Vieira, Matt Miranda, Tom Way, and Tom
Birkenfeld and spoke about the training and in-service work experience required for this
• recognition.
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0 COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Beraud commented about a survey she had received which was done
by the Chico Economic Planning Corporation and stated she did not find it to be a valid
or adequate analysis.
Council Member Clay asked the City Attorney for clarification of "serial meetings", and
spoke about weed abatement, the history of the property across from the Outlets, and
the results of his research on Wal Mart.
Mayor Luna gave a State of the City address.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — November 28, 2006
• City Clerk Recommendation: Council approve the City Council meeting
minutes of November 28, 2006. [City Clerk]
2. September 2006 Investment Report
• Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for
• September 2006. [City Treasurer]
•
3. November 2006 Accounts Payable and Payroll
■ Fiscal Impact: $2,002,842.46.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for November 2006. [Administrative
Services]
4. Amendment to Municipal Code on Relationship of Council and
Commissioners to Staff
■ Description: Request for approval of the Draft Ordinance, adding
language to the Atascadero Municipal Code setting guidelines for Council
and Commissions on their relationship with staff.
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving amendment to Municipal Code on relationship of
Council and Commissioners to Staff. [City Attorney]
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5. Final Map 2006-0134 (Tract 2569) 9500 Las Lomas (TTM 2002-0021)
(Barnhard)
■ Description: Project approval creates a 28 unit development with a
commercial -office building.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and Approve Final Map 2006-0134 (Tract 2569); and,
2. Reject, without prejudice to future acceptance on behalf of the public,
the offers of dedication for Streets, Open -Space, and Public Utility
Easements and authorize and direct City Clerk to endorse for the City
Council; and,
3. Authorize City Manager to sign a Subdivision Improvement Agreement
for improvements associated with Final Map 2006-0134. [Public
Works]
6. Final Map 2006-0137 (Tract 2694) 6750 San Gabriel Road (TTM 2004-
0061)(Larsen)
■ Description: Project approval consists of the division of 8.41 gross acres
into two (2) lots ranging in area from 4.85 to 3.56 acres.
■ Fiscal Impact: None.
■ Recommendation: Council accept Final Tract Map 2006-0137 (Tract
• 2694). [Public Works]
7. Final Map 2004-0099 (Tract 2608) 11555 Halcon Road (TTM 2004-0047
(R.W. Hertel & Sons)
■ Description: Project approval of previously approved Final Map 2004-
0099 with slight modifications to clarify editorial content and offer of
dedication information.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and Approve Final Map 2004-0099 (Tract 2608); and,
2. Reject, without prejudice to future acceptance on behalf of the public,
the offers of dedication shown on the map for Access Easements over
Lots 39, 40, 41, and over Ranada Circle (private street); Sanitary
Sewer; Storm Drain; and Public Utility Easements. [Public Works]
8. Increase in Part-time Salaries to Comply with Changes to the Minimum
Wage
■ Description: Request for approval of the hourly minimum wage increase
approved on January 1, 2007 from $6.75 per hour to $7.50 per hour.)
• Fiscal Impact: Approximately $9,000.00 a year.
■ Recommendation: Council approve the new wage schedule for part-time
employees incorporating the new California minimum wage of $7.50 per
• hour effective January 1, 2007. [City Manager]
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• Mayor Luna pulled Items #A-6 and 7, explaining that the tax bonds were not ready.
Items pulled for discussion: Council Member Clay, Item #A-4.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Items #A-1, 2, 3, 5 and 8.
Motion passed 5:0 by a roll -call vote. (Beraud, Brennler
abstained on Item #A-1) (Item #A-5.3 Contract No. 2007-001)
Item #A-4: Council Member Clay referred to page number 43, (d) and suggested the
adding the following: "Unless the third party requests that a specific Commissioner or
Council Member be present."
There was Council discussion and agreement that the language would remain the same
and that it would be appropriate to work through the City Manager if there is such a
request.
MOTION: By Council Member Clay and seconded by Council Member
Beraud to approve Item #A4.
Motion passed 5:0 by a roll -call vote. (Ordinance No. 504)
• B. MANAGEMENT REPORTS:
1. Office of Traffic Safetv (OTS) Grant I Authorization to Purchase Auto
Extrication Equipment
■ Description: Authorization will allow replacement of outdated equipment
as well as provide agencies with new rescue capabilities.
• Fiscal Impact: None.
■ Recommendations: Council:
1. Authorize the purchase of auto extrication equipment from L.N. Curtis
& Sons totaling $215,443; and,
2. Authorize the purchase of equipment from Diamondback Fire &
Rescue totaling $25,365. [Fire]
Fire Chief Kurt Stone gave the report.
PUBLIC COMMENT — None
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to Authorize the purchase of auto extrication
equipment from L.N. Curtis & Sons totaling $215,443; and,
Authorize the purchase of equipment from Diamondback Fire
& Rescue totaling $25,365.
0 Motion passed 5:0 by a roll -call vote.
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• 2. Downtown Streetscape Phase II: Public Process
■ Description: Request for direction on public process for potential
Downtown Streetscape Phase II improvements.
■ Fiscal Impact: Staff time and advertising costs.
■ Recommendation: Council provide direction on the public review and
input process for potential Downtown Streetscape Phase II Improvements.
[Public Works]
Deputy Public Works Director David Athey gave the staff report and with Public Works
Director Steve Kahn answered questions of Council.
PUBLIC COMMENT
Eric Greening expressed support for the idea of a walking tour followed by a town hall
meeting and questioned the roll of the Main Street Design Committee in this process.
Steve Martin, Executive Director Atascadero Main Street, spoke in favor of continuing
with the improvements in the downtown and reported that the Design Committee and
Board would like to be in the forefront of input for the next phase of the revitalization
plan.
Bruce Bevans stated his concerns with the timeframe for this plan given the Highway
• 101/41 interchange project.
Mayor Luna closed the Public Comment period.
There was Council consensus to begin the process by involving the Main Street
Design Committee, move into a walking tour, then have a town hall meeting
which, at the Mayor's discretion working with the Planning Commission and
Parks and Recreation Commission Chairs, may be a joint session, then after
public input to come back to Council for a decision on when and what will be
built.
Mayor Luna recessed the hearing at 9:10 p.m.
Mayor Luna called the meeting back to order at 9:15 p.m.
3. Atascadero Road Program
■ Description: An update report on the Atascadero Road Program.
• Fiscal Impact: None.
■ Recommendation: Council receive this report on the Atascadero Road
Program. [Public Works]
• Public Works Director / City Engineer Steve Kahn gave the staff report and answered
questions of Council.
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• PUBLIC COMMENT
Eric Greening spoke in favor of being aware of pedestrian and bicycle circulation modes
during the planning process.
Mayor Luna closed the Public Comment period.
4. Temporary Banner Policy for Sunken Gardens and Atascadero Lake Park
■ Description. Request for approval of the proposed temporary banner
policy.
■ Fiscal Impact: None.
■ Recommendation: Council review and approve the proposed temporary
banner policy, modify as may be appropriate. [Community Services]
Community Services Director Brady Cherry gave the staff report and answered
questions of Council.
Council Member Clay expressed concern with Procedure #5 because youth groups
such as Little League and Youth Basket ball have traditionally used the banners in
these areas. He would like to continue to allow those types of groups to use the holders
when not otherwise reserved.
• PUBLIC COMMENT
Eric Greening stated he approved of the policy as written and questioned whether the
Colony District included any of the school campuses and if non-profit groups or
government organizations include the schools.
Director Cherry stated the Colony District referred to the Main Street downtown district,
and it does include the schools as agencies that can use the banner holders.
Joanne Main indicated the Chamber agrees with the permit procedures, and stated the
Chamber uses its funds to maintain the adjoining island and therefore the option to use
it for banners is not preferred.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to support the staff recommendation and to include
the flag holders on EI Camino Real in front of the Sunken
Gardens, that all of the same applications and procedures will
apply, and that the flag holders should only be used during the
actual days of an event.
• Motion passed 4:1 by a roll -call vote. (Clay opposed)
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. 5. Department of Transportation Excess Property — Highway 41 and Cemetery
Road (City of Atascadero)
■ Description: Request for authorization to purchase surplus property from
CalTrans.
■ Fiscal Impact: A maximum of $100,500.00, and minimal expenditures for
maintenance.
■ Recommendations: Council:
1. Authorize the City Manager to execute a contract with The California
Department of Transportation (CalTrans) in the amount $99,500.00 for
the purchase of a 0.261 acre parcel of land, deemed excess right of
way by the California State Department of Transportation and located
on the southwest side of Highway 41, near the intersection of
Cemetery Road; and,
2. Authorize the Director of Administrative Services to appropriate
$100,500 from the General Funds for the purchase of a 0.261 acre
parcel of land, deemed excess right of way by the California State
Department of Transportation and located on the southwest side of
Highway 41, near the intersection of Cemetery Road. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Ann Fletcher commented that she would not like to see anything built on this corner and
that the money could be spent more wisely in another area. She explained that she
would hate to see the City not purchase this property from CalTrans and then
somewhere down the road have a Council, or a Planning Commission, approve any
type of building on this corner.
Mayor Luna closed the Public Comment period.
Council Member Clay stated he was against this proposal as it is too much money to
pay for a lot that has no zoning on it, and there are better uses for General Fund money.
Council Member O'Malley stated he has similar concerns because of zoning, drainage,
and sewer/septic issues, and felt the city could do a better job of negotiating on this.
MOTION: By Council Member Beraud and seconded by Mayor Pro Tem
Brennler to approve staff's recommendation to authorize the
City Manager to execute a contract with The California
Department of Transportation and, authorize the Director of
Administrative Services to appropriate the $100,500 from the
• General Funds for the purchase of the property in question.
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Motion passed 3:2 by a roll -call vote. (Clay, O'Malley opposed)
do (Item #B-5.1 Contract No. 2007-006)
6. Transit Center Study / State Transit Assistance (STA) Grant Application
■ Description: Request authorization to submit a grant application for a
Transit Study.
■ Fiscal Impact: Staff estimates the cost of this study at $100,000.00 with
proposed STA grant funds of $70,000 and a $30,000 match funded with
existing Federal 5307 funds.
■ Recommendation: Council approve the submission of a grant application
for a Transit Center Site Selection and Preliminary Design, Engineering
and Environmental Study. [Public Works]
Public Works Director / City Engineer Steve Kahn gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Eric Greening commented on the source of funds for this project, how they can be used,
and made suggestions for the use of some of the STA funds, and for an outreach to the
transit using community.
is Mayor Luna closed the Public Comment period.
0
MOTION: By Council Member O'Malley and seconded by Council
Member Beraud to approve the submission of a grant
application for a Transit Center Site Selection and Preliminary
Design, Engineering and Environmental Study.
Motion passed 5:0 by a roll -call vote.
C. COMMITTEE REPORTS:
Mayor Luna
1. County Mayor's Round Table: There is a movement to put in a 211 number
to take the pressure off of the 911 emergency number. Received an update
from a legislative analyst from Assemblyman Blakeslee's office regarding city
reserves.
Council Member O'Malley
1. League of California Cities — Council Liaison: Will be attending the conference
in Sacramento. Has been appointed to the Administrative Services Policy
Committee, key issues are ethics and public records and emails.
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is D. INDIVIDUAL DETERMINATION AND/OR ACTION:
•
City Council
Mayor Luna referred to a letter received from the Atascadero Historical Society
regarding revisiting the negotiations for the Colony House/EI Camino Creek
parcel and suggested bringing this back to the Council.
City Clerk Marcia Torgerson gave a brief history of this issue.
City Attorney Patrick Enright reported that the School District is preparing to
proceed with the transference of the property to the City, it will be on their
agenda in February, and Council will see it shortly thereafter.
City Clerk
City Clerk Marcia Torgerson reported that she has received three applications for
the vacancy on the Planning Commission and none for the vacancy on the Parks
and Recreation Commission and asked for further direction.
MOTION: By Council Member Clay and seconded by Council Member
Beraud to go past 11:00 p.m.
Motion passed 5:0 by a roll -call vote.
Council directed City Clerk Torgerson to re -advertise for the Parks and
Recreation Commission vacancy and proceed with interviews for the Planning
Commission on January 23,d
E. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:02 p.m. to the Public Financing Authority. The
next regularly scheduled meeting of the City Council will be on January 23, 2006.
MINUTES PREPARED BY:
G-rade`Pucci Deputy City Clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A — David Broadwater, handout
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