HomeMy WebLinkAboutMinutes 072407•
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Approved August 28, 2007
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, July 24, 2007 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and Council Member O'Malley 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,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Community Services Director Brady Cherry, Public Works Director
Steve Kahn, Police Chief John Couch, Redevelopment Specialist
Marty Tracey, Deputy Public Works Director Geoff English, Deputy
Community Development Director Steve McHarris, Fire Marshall
Tom Peterson, Associate Planner Kerry Margason, Assistant
Planner Callie Taylor, and City Attorney Patrick Enright.
APPROVAL OF AGENDA:
MOTION: By Council Member Beraud and seconded by Council Member
Clay to approve the agenda.
Motion passed 5:0 by a roll -call vote.
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40 COMMUNITY FORUM:
Pastor Varnum Shultz, Atascadero Ministerial Association, led those present in prayer.
Chuck Ward spoke about tax dollars leaving the city of Atascadero to other neighboring
towns and cited examples of other cities changed for the better once Wal Mart came
into their communities.
Joseph O'Brien reported on the positive actions that have occurred since he last spoke
to the Council regarding the Eagle Creek Golf Course area, and spoke of the problem
he continues to have with lack of access to the far side of his property.
David Broadwater distributed a letter to Council regarding a "Public Records Request
for Cost of City Recall Election." (Exhibit A) Mr. Broadwater also spoke about patterns
of objectionable behavior of Council Members over the last few months, and asked for
adherence to the law and discipline for those who break the law.
Bob Wilkins asked that the Mayor and Council reevaluate the members of the Planning
Commission, as their actions are adding considerably to the cost imposed on those who
would like to live here.
Joanne Main, Executive Director Atascadero Chamber of Commerce, referred to a letter
sent by the Chamber urging the Council to utilize the maximum of 30 minutes for the
Community Forum period, then opening it up again after the business of the city has
been done. She urged consideration of this idea at a future Council meeting.
Eric Greening stated it was good idea to review the municipal code as Mr. Broadwater
quoted, and that he did not endorse limiting Community Forum. Mr. Greening updated
the Council on several items before the State Legislature.
Cheryl Burbach, Citizens for Atascadero, spoke of the Council's goal of economic
development and the recent trip several Council Members made to Santa Cruz. She
suggested looking to a city that is successful and similar to Atascadero in population
and location to learn from, such as Paso Robles.
Ann Hatch expressed her opposition to meetings that last into the small hours of the
morning, and suggested that the city consider a policy that would require a vote taken at
10:00 p.m. to reconvene the following business day if all voices have not been heard.
Ms. Hatch also spoke about the importance of providing jobs for the youth of
Atascadero.
Bruce Bevans commented that decision-making at 11:00 p.m. or midnight is
problematic, and encouraged Council to come up with some method of dealing with it.
He spoke about large retailers whose revenue leaves the city and urged the Council to
focus on businesses that are already here and part of the community.
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iTino Santos urged the Council to not limit the Community Forum, and suggested that
those who oppose Wal Mart and those who support creek setbacks want to take rights
away from individuals.
Geraldine Brassier Phemister stated it would be a good idea to cut Public Comment
from five minutes to three minutes.
Kevin Ashley gave a PowerPoint presentation on the campaign contributions for city
elections from 2000 to 2006.
Cindy Sazar continued the presentation on campaign contributions. She also spoke
about City Council members recusing themselves from votes based on contributions.
John Shadak urged the city to spend public money on roads and schools, and explained
why he does not support reducing public comment time.
Steve Tillman commented that the trip to Santa Cruz was about getting new information
and seeing how their community came together to solve their problems. He urged the
development of a community vision.
Jim Shannon spoke about the Planning Commission and his opinion that it is out of
control and asked the Council to look into that. He explained his feelings regarding the
two Council Members who were at the petition signing, spoke about Council Norms,
questioned the trip to Santa Cruz, and encouraged the Council to develop venues that
would sell Atascadero to the public.
Mike Jackson cited an example of an experience he had while people were signing
petitions on July 18th and asked about accepted norms for petitions. He expressed
concern that the Chairperson of the Planning Commission often reports infractions then
sits on the Commission that decides on those infractions.
Joan O'Keefe explained that she attended the informational meeting by the recall group
to listen and get information, and was trying to read the petition not look at signatures.
She stated the meeting was misrepresented as it was not informational, but to allow the
public to pick up petitions.
Zoe Duty stated it was her understanding that two to three years ago the city was not in
such bad shape financially. She remarked that what was lacking most was funding for
roads, but she was told there was not enough tax base to do the roads.
Al Fonzi stated the problem with the Santa Cruz trip was that the Chamber of
Commerce was excluded. He stated he doesn't have strong feelings about Wal Mart,
but remarked that no one else is lining up to come to Atascadero, which needs retail
sales tax. He spoke about campaign finance reform, the importance of the public
comment period and of adopting the Council Norms.
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Mayor Luna closed the Community Forum period.
Mayor Luna, Council Members, the City Attorney, and staff addressed issues raised
during the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Beraud reported on her trip to Santa Cruz, and explained her reasons
for going there. She read comments from Santa Cruz Council Member Mat hews
regarding recent accomplishments in their city.
Council Member Clay spoke about the successful Main Street Fundraiser at the Lake
Pavilion on Sunday, and stated he would like to see the city provide matching funds to
the Main Street Association over and above what they get now.
Mayor Pro Tem Brennler requested that the Balboa Road/Llano Road improvement
options be placed on a future Council agenda.
Council Members discussed this request.
There was Council consensus to have staff bring a report in September with the
input of the Police and Fire Departments on emergency pubic safety for private
roads.
Mayor Luna recessed the hearing at 9:15 p.m.
Mayor Luna called the meeting back to order at 9:28 p.m.
PRESENTATIONS:
1. Employee Service Award Presentations.
City Manager Wade McKinney introduced Jim Capana, Streets Department, and
presented him with a 10 Year Service Award. Mr. Capana addressed the Council and
expressed his hope that more money and resources could be funneled into the roads
program.
2. Citizen Barbara Mamoud will make a presentation to several police
officers.
Mayor Luna announced that this presentation was made prior to the meeting.
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0 A. CONSENT CALENDAR:
1. City Council Special Meeting Minutes - May 29, 2007
■ City Clerk Recommendation: Council approve the City Council Special
Meeting Minutes of May 29, 2007. [City Clerk]
2. City Council Meetinq Minutes — June 12, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of June 12, 2007. [City Clerk]
3. April 2007 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for April
2007. [Treasurer]
4. 2007-2008 Annual Spending Limit
■ Description. Approval establishes the City's annual spending limit which
must be approved by the Council at the beginning of each fiscal year.
■ Fiscal Impact: None.
■ Recommendation: Council adopt the Draft Resolution, establishing the
annual spending limit for fiscal year 2007-2008. [Administrative Services]
5. Temporary Road Closure / Movies in the Park (Community Services
Department)
■ Fiscal Impact: None.
■ Recommendation: Council approve a request by the Community
Services Department to close a portion Palma Avenue on the following
five Saturdays: 7/28/07, 8/4/07, 8/11/07, 8/18/07 & 8/25/07 for the movies
in the park events. [Community Services]
6. Request for Proposal (RFP) Process - City Attorney
■ Description: Circulation of RFP's for City Attorney services to review the
service levels and rates in the market.
■ Fiscal Impact: None.
■ Recommendation: Council approve the attached Request for Proposals
for City Attorney services and direct the City Manager to implement the
recruitment process. [City Manager]
7. Pre -Tax Pavroll Deduction Plan for ErnWovees Choosina to Purchase
CaIPERS Service Credit
■ Description. Approval would allow employees the option to purchase
service credit with pre-tax dollars for previous years they may have or
could have worked for a public agency.
■ Fiscal Impact: All costs associated with additional service credit
purchases are picked up by the employee.
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• Recommendation: Council approve the Draft Resolution allowing pre-tax
payroll deductions for California Public Employees Retirement System
(CaIPERS) service credit purchases. [City Manager]
8. Purchase of Network Servers and Related Technical Support
■ Description. Approval to purchase new network servers to replace the
older existing server configuration.
■ Fiscal Impact: Funding has been budgeted in the Technology
Replacement Fund for this purpose.
■ Recommendations: Council:
1. Authorize the City Manager to execute an agreement with Hewlett
Packard for network servers for the amount of $67,604.17; and,
2. Authorize the City Manager to execute an agreement with Pinnacle
Technologies for Storage Area Network (SAN) software, replication
and backup software and related installation services and support for
the amount of $49,052.00. [City Manager]
9. Graffiti Abatement Ordinance
■ Fiscal Impact: Staff has previously estimated that, on average, it is
costing $400 per incident to abate. However, Staff has developed a
tracking procedure that should provide a greater accounting of actual
costs associated with abating graffiti.
• Recommendation: Council adopt, on second reading, by title only, the
Draft Graffiti Abatement Ordinance, thereby amending Atascadero
Municipal Code Title 5 to add Chapter 14. [City Manager]
10.City Manager Salary Review and Amendment to Management/Non-
Represented Employment Resolution
■ Fiscal Impact: The additional cost of the City Manager's salary and the
retirement plan has been budgeted for in the 2007-09 budget.
■ Recommendations: Council:
1. Adopt the facilitator's recommendation to increase the City Manager's
salary by 5% for a Cost of Living Adjustment (COLA) and 5% for a
merit increase, and;
2. Adopt the Draft Resolution amending Resolution 2007-066 establishing
the compensation and benefit plan for non -represented professional
and management workers and confidential employees effective July 1,
2007 — June 30, 2009. [City Manager]
11. Consultant Selection - Transit Center Site Selection Study
■ Description. Approval authorizes RRM Design Group to proceed with the
study to locate and recommend a site for a transit center in Atascadero.
■ Fiscal Impact: $86,000.00.
■ Recommendation: Council authorize the City Manager to execute a
contract with RRM Design Group in the amount of $86,000.00, for a
Transit Center Site Selection Study. [Public Works]
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• 12. Santa Cruz Landslide Repair Award (City Bid No. 2007-006
• Description. Repair of the existing landslide under and along the west end
of Santa Cruz Road, near San Gregorio.
■ Fiscal Impact: Total project expenditure of $405,554.00.
■ Recommendations: Council:
1. Authorize the City Manager to execute a contract with Raminha
Construction to construct the Santa Cruz Landslide Repair; and
2. Authorize the Public Works Director to file a notice of completion after the
project is finished; and
3. Authorize the Closure of Santa Cruz Road between Lenosa Lane and
San Gregorio Road. [Public Works]
13. Atascadero Lake Park Restroom Replacement Proiect Award (City Bid
No. 2007-001)
■ Description. Project will modify the Lake Park restroom facilities to meet
all of the ADA compliance requirements.
• Fiscal Impact: $334,360.00 from CDBG Funds.
• Recommendations: Council:
1. Authorize the City Manager to execute a contract with Wysong
Construction in the amount of $247,800.00 for the Restroom
Replacement Project; and
2. Authorize the Administrative Services Director to appropriate an
0 additional $66,710.00 in CDBG Funds for the Restroom Replacement
Project. [Public Works]
•
14.2006/2007 Road Rehabilitation Traffic Way Paving Award (City Bid No.
2007-004)
■ Description. Project will widen and repave Traffic Way from Olmeda Ave.
to Via Ave.
■ Fiscal Impact: Estimated expenditure of $485,844.00.
■ Recommendation: Council authorize the City Manager to execute a
contract with Union Asphalt, Inc. in the amount of $347,645.15 for
construction of the Traffic Way Road Rehabilitation Project. [Public Works)
15. Sewer Extension Reimbursement Agreement (Apple Valley)
• Description. Approval of a sewer extension reimbursement agreement for
Apple Valley.
■ Fiscal Impact: The City will collect a 2% Administrative Charge from all
reimbursements. This charge will be deducted from the total amount
refunded.
■ Recommendation: Council approve a Sewer Extension Reimbursement
Agreement for the Apple Valley Residential Development. [Public Works]
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16. Sewer Extension Reimbursement Agreement (Violeta Ave.)
■ Description. Approval of a sewer extension reimbursement agreement for
Violeta Ave.
■ Fiscal Impact: The City will collect a 2% Administrative Charge from all
reimbursements. This charge will be deducted from the total amount
refunded.
• Recommendations: Council: [Public Works]
1. Accept the Violeta Ave. Sewer Extension as complete and accept the
improvements into the City sewer system; and
2. Approve the attached Public Sewer Extension Reimbursement
Agreement. [Public Works]
17. Authorization to Purchase Aerial Ladder Truck
■ Fiscal Impact: $871,167.00 from the Aerial Fire Truck Fees Fund.
■ Recommendation: Council authorize the City Manager to enter into a
contract with Pierce Manufacturing Co. to build and deliver a model year
2007 aerial ladder truck for $871,167.00. [Fire]
18. Temporary Road Closure — Hot EI Camino Cruise Nite 2007
■ Fiscal Impact: None.
■ Recommendation: Council approve the Draft Resolution authorizing the
closure of EI Camino Real, from Curbaril to Traffic Way, on Friday, August
17, 2007 from 5:00 p.m. to 8:30 p.m. and the closure of East Mall, Paloma
and West Mall from 1:00 p.m. to 8:30 p.m. [Community Services]
Items pulled: Eric Greening pulled Items #A-6 and 11, David Broadwater pulled Items
#A-6 and 10.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Items #A-1, 2, 3, 4, 5, 7, 8, 9, 12, 13, 15, 16,
17 and 18.
Motion passed 5:0 by a roll -call vote. (Item #A-4 Resolution
No. 2007-067, Item #A-7 Resolution No. 2007-068, Item #A-8.1
Contract No. 2007-014, Item #A-8.2 Contract No. 2007-015, Item
#A-9 Ordinance No. 512, Item #A-12 Contract No. 2007-017,
Item #A-13 Contract No. 2007-018, Item #A-15 Contract No.
2007-020, Item #A-16 Contract No. 2007-021, Item #A-17
Contract No. 2007-022)
MOTION: By Mayor Luna and seconded by Council Member Clay to
approve Item #A-14.
Motion passed 4:0 by a roll -call vote. (O'Malley abstained)
(Contract No. 2007-019)
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Item #A-6:
Eric Greening inquired how Mr. Mathis came to be the person making this evaluation as
he is in Napa, California.
Mayor Luna explained how the selection was made.
David Broadwater asked to hear an accounting of how much the city is paying Mr.
Mathis for his services and a listing of the services he is providing the city.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to approve Item #A-6.
Motion passed 5:0 by a roll -call vote.
Item #10:
Joan O'Keefe stated she had a problem with the fact that the facilitator made the
recommendation to increase the City Manager's salary by 10%, as he was hired by the
City Manager. Ms. O'Keefe said she was opposed to the merit raise for the City
Manager.
Mayor Luna explained that Mr. Mathis was a facilitator and that Council discussed with
him the salary issues and then made the final decision.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-10.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2007-069)
Item #A-11:
Eric Greening commented that he was happy to see this moving forward, and hoped
that included in the process would be assurance that public sessions would be
accessible for transit users, and that one goal of having a nice transit transfer center is
to get the transfer point back into Atascadero.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to approve Item #A-11.
Motion passed 5:0 by a roll -call vote. (Contract No. 2007-016)
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0 B. PUBLIC HEARINGS:
1. PLN 2007-1205 / APL 2007-0012 / PLN 2099-0183 / APL 2007-0013:
Appeal of Planning Commission's Conditions of Approval for Tree
Removal Permit 2006-0094 (5105 and 5305 Chauplin Lane) Finch/Messer
■ Disclosure of Ex -Parte Communications
■ Description. Request to reverse the Planning Commission's approval of
Tree Removal Permit 2006-0094 for the removal of 62 native trees subject
to mitigation measures.
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution B thereby denying the
appeal and uphold the Planning Commission's approval of Tree Removal
Permit 2006-0094 for the removal of sixty-two (62) native trees subject to
mitigation measures. [Community Development]
Mayor Luna announced that a letter was received from the applicants withdrawing their
appeal, but as there is an appeal from Council Member Clay, staff will make a report on
the item.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Council.
City Attorney Patrick Enright reported on the negotiations with the applicant and his
attorney regarding the easements.
Ex Parte Communications
■ Council Member O'Malley stated he had heard from the applicant, their attorney, the
owners, the professionals who worked on this project and the neighbors.
■ Council Member Clay stated he talked with Don Messer on the phone several times.
Council Member O'Malley stated for the record the concern on this appeal is that there
are three requirements: 1) to pay tree mitigation fees, 2) to do a tree preservation
reserve, and 3) to do a wildlife preserve. He thinks these are unprecedented additional
requirements that have not come up before.
Council Member Clay expressed concern that this is a Colony lot and there had never
been these types of restrictions placed on such a lot in the past. He was also concerned
that there is fair treatment for everybody.
PUBLIC COMMENT
Carol Kingery, applicant's attorney, read a letter from Mr. Messer into the record
explaining why he has requested his appeal be withdrawn, and for the record he lodged
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a protest on the size of the large easement imposed, stating that this dedication is
unprecedented and the fees punitive. Ms. Kingery answered questions of Council.
Don Messer, applicant, explained that any expenses related to the project would be
deducted as an expense from the project, thereby diminishing the profit.
Eric Greening explained why he believes that the Planning Commission acted
appropriately, and stated the Commission should not be constrained by past failure to
apply the tree ordinance.
Kevin Ashley commented that Council Members Clay and O'Malley did not reveal they
had received campaign contributions from Mr. Messer in their Ex Parte.
Ray Buban read a letter into the record from Eric Gobler, civil engineer, sharing his
thoughts and giving a chronology of events for this project.
Glen Horn stated his concern that the perception is the city is putting up roadblocks to
drag out the process in the name of a better project and to enhance individual agendas.
He stated that adding conditions that were not originally required should not be allowed.
Jolene Horn stated she was passionate about private property rights and expressed her
concern with the multiple restrictions placed on these property owners restricting the
use of these properties and lowering their value.
Ann Colby, neighbor to the property, explained why she supports the Planning
Commission's decision and urged the Council to support their decision as the mitigation
is appropriate to the level of impacts created by the project.
Mayor Luna closed the Public Comment period.
Council Member O'Malley explained his concern that this applicant had been singled
out by the Planning Commission.
Council Member Clay agreed with Mr. O'Malley's concern and expressed his own that
staff had been pressured to do things differently by the new Council and Planning
Commission. He stated this is a fairness issue, and all applicants should be treated the
same.
Council Member Beraud stated it was important to realize that when the Planning
Commission reviews a project they take a lot of time to study the project and visit the
site.
Mayor Pro Tem Brennler expressed his confidence in the Planning Commission and
stated that they did what was appropriate
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Mayor Luna indicated he supported the Planning Commission's decision, which was
based on the staff recommendation, an d commented that even if this does set a
precedent for the community that was what the last election was about.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to allow the applicant to pay the tree mitigation fees
and eliminate easements 1, 2 and 3.
Motion failed 2:3 by a roll -call vote. (Beraud, Brennler, Luna
opposed)
Council Member Beraud stated for the record she voted against the motion because the
Council cannot certify a Negative Declaration if the easements are eliminated.
MOTION: By Council Member Clay to allow the easements 1 and 2 and
eliminate the fees.
The motion failed for the lack of a second.
MOTION: By Council Member Clay to allow easements 1, 2 and 3 and
eliminate the fees.
The motion failed for the lack of a second.
MOTION: By Council Member Beraud and seconded by Mayor Pro Tem
Brennler to uphold the Planning Commission's decision and
deny the appeal, and certify the Mitigated Negative
Declaration.
Motion passed 4:1 by a roll -call vote. (Clay opposed)
(Resolution No. 2007-071)
2. Confirminq the Cost of Veqetative Growth and/or Refuse Abatement
■ Description. Request confirmation of abatement costs.
• Fiscal Impact: No direct fiscal impact. The contractor costs for the 2007
weed abatement / refuse abatement totals are $23,125.00 with
$15,637.50 recovered through assessments placed on the 2007-2008
property tax bills.
■ Recommendation: Council adopt the Draft Resolution, confirming the cost
of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire]
Fire Marshall Tom Peterson gave the staff report and answered questions of Council.
PUBLIC COMMENT — None
MOTION: By Council Member O'Malley and seconded by Council
0 Member Clay to adopt the Draft Resolution, confirming the
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cost of vegetative growth (weeds) and/or refuse (rubbish)
abatement.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2007-072)
MOTIONS: By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll -call vote.
C. MANAGEMENT REPORTS:
1. Referendum Petition Concerning Creek Setbacks / Resolution No. 2007-
022 / General Plan Amendment #2006-0017
• Description: Council to decide whether to repeal General Plan
Amendment or call for an election.
• Fiscal Impact: $0 — 70,000, depending on the option chosen.
■ Recommendations: Council:
1. Receive the Certificate of Sufficiency from the City Clerk, certifying the
"Referendum Against a Resolution Passed by the City Council,
Resolution #2007-022," that was filed with the City Clerk on June 7,
2007; and,
2. Take one of the following actions:
• a. Adopt Draft Resolution A, to repeal Resolution No. 2007-022,
removing the General Plan Amendment 2006-0017, which
amended the Land Use, Open Space, and Conservation Element of
the Atascadero General Plan; and give staff direction on how the
City Council wants to proceed on a permanent creek setback
ordinance; or,
b. Adopt Draft Resolution B, to call for an election to submit
Resolution No. 2007-022 to the voters, and direct the City Clerk to
consolidate the ballot measure election with the next general
municipal election on November 4, 2008; or,
c. Adopt Draft Resolution B, to call for a Special Election to submit
Resolution No. 2007-022 to the voters, and direct the City Clerk to
consolidate the Special Election with the February 5, 2008
Presidential Primary; or,
d. Adopt Draft Resolution B, to call for a Special Election to submit
Resolution No. 2007-022 to the voters, and direct the City Clerk to
consolidate the Special Election with the June 3, 2008 Statewide
Direct Primary; or,
e. Adopt Draft Resolution C, to call for a stand-alone Special Election
to submit Resolution No. 2007-022 to the voters, and direct the City
Clerk to schedule the stand-alone Special Election on a date
specific, not less than 88 days from July 24, 2007 (October 21,
2007 and beyond), and on a Tuesday.
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City Clerk Marcia McClure Torgerson gave the staff report and, with City Attorney
is Patrick Enright, answered questions of Council.
PUBLIC COMMENT
Joseph O'Brien stated his confusion regarding where the measurements would be
taken on his property, and recommended adopting action A to repeal the resolution, and
then have an educational workshop.
Ann Hatch commented that this negatively impacts property values for homes along the
creek, and therefore negatively affects the adjacent homes. She suggested looking at
the cost to put this item and the Wal Mart issue on a ballot.
County Supervisor Jim Patterson explained it is the community's responsibility to protect
their water resources as they represent Atascadero's drinking water. He recommended
repealing the resolution and starting over with some community forums to educate the
public on how best to protect their water resources.
Russ Wright suggested tapping Cal Poly's Planning Department and their resources to
do a comprehensive study of the creeks. He urged Council to repeal the ordinance and
start over with the help of others.
Chuck Cooper suggested that since the Council has a chance to repeal the ordinance
and heal the community they should do so and put this behind them.
David Broadwater spoke about his idea for a town hall meeting, with experts in a broad
range of fields to construct an ordinance. He recommended repealing the ordinance and
giving staff direction on how to proceed.
Don Blazej stated he worked with the group that put together the petition and explained
that they tried from the beginning to give out the best information they could, but in the
process the information changed, and therefore it was unfair to accuse them of giving
out misinformation.
Mike Jackson stated he was tired of hearing that it was the petition signer's fault that the
city must now spend money to rectify something the signers did not ask for to begin
with.
Al Fonzi explained that he was involved with collecting the petition signatures and was
overwhelmed with the instantaneous response he received. He asked Council to trust
the collected wisdom of this community, to repeal this and put it behind us.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
receive the Certificate of Sufficiency from the City Clerk,
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• certifying the "Referendum Against a Resolution Passed by
the City Council, Resolution #2007-022," that was filed with the
City Clerk on June 7, 2007.
Motion passed 5:0 by a roll -call vote.
0
There was Council discussion regarding the second part of this item.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt Draft Resolution A, to repeal Resolution
No. 2007-022, removing the General Plan Amendment 2006-
0017, which amended the Land Use, Open Space, and
Conservation Element of the Atascadero General Plan; and
direct that this not be brought back to the City Council prior to
November 2008.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2007-073)
Mayor Luna recessed the hearing at 12:00 a.m.
Mayor Luna called the meeting back to order at 12:08 a.m.
2. Human Service Grants
■ Description: Approval of the distribution of $20,000 in grant funds to assist
local service providers that have a profound impact on the community.
■ Fiscal Impact: The program is budgeted at $20,000.
■ Recommendation: Council approve Human Services Grants to the
Agencies and in the amounts recommended by the Finance Committee in
Attachment A. [City Manager]
Assistant to City Manager Marcia McClure Torgerson gave the staff report and
answered questions of Council.
Mayor Luna and Council Member O'Malley explained the reasons for the Finance
Committee's recommendations.
PUBLIC COMMENT — None
MOTION: By Mayor Pro Tem Brennler and seconded by Council Member
Clay to approve the Human Services Grants as recommended
by the Finance Committee.
Motion passed 5:0 by a roll -call vote.
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3. Designation of Voting Delegate — League of California Cities' Annual
Conference
■ Description. Designation of voting delegate to attend the League's Annual
Business Meeting and take action on conference resolutions that guide
cities and the League in their efforts to improve the quality of local
government in California.
• Fiscal Impact: None.
■ Recommendations: Council designate a voting representative and an
alternate who will be present at the Annual Business Meeting of the
League of California Cities' Annual Conference in September 2007, and
direct the City Clerk to inform the League of the designation. [City Clerk]
City Clerk Marcia McClure Torgerson gave the staff report.
PUBLIC COMMENT — None
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to designate Mayor Luna as the voting delegate
for the League and Council Member O'Malley as the alternate.
Motion passed 5:0 by a voice vote.
D. COMMITTEE REPORTS:
None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Luna asked Council Members to refer to a Norm, portion of the
Municipal code, or Roberts Rules of Order when raising a point of order.
Additionally, under Council Comments he requested Council Members
give brief announcements or brief reports on their activities.
City Manager
a. Commission Attendance Reports
City Manager Wade McKinney announced that the next meeting of the
Mayor, Mayor Pro Tem, Chair and Vice Chair of the Commissions will be
held on August 13th; issues to be raised should be forwarded to the
Mayor or Mayor Pro Tem.
CC Minutes 07/24/07
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Approved August 28, 2007
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 12:20 a.m. to the next regularly scheduled
meeting of the City Council on August 28, 2007.
MINUTES PREPARED BY:
e Pucci, Deputy City clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A — David Broadwater, letter re public records request.
Exhibit B — Kevin Ashley, Copy of Powerpoint presentation regarding Campaign Finance Reform
CC Minutes 07/24/07
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