HomeMy WebLinkAboutMinutes 061306Approved July 11, 2006
CC Minutes 06/13/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, June 13, 2006
7:00 P.M.
CLOSED SESSION: 6:31 p.m.
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION: None
2. CALL TO ORDER
a. Conference with Legal Counsel
Existing Litigation (Govt. Code Section 54956.9, subdivision (a))
City of Atascadero v. Thomas Dorsey
SLO County Superior Court Case # CV04-0850
3. ADJOURN: 6:38 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that there was no reportable action from the
item in closed session.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7:00 p.m. and led the Pledge of
Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, Pacas and Mayor O’Malley
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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 Development Director Warren Frace, Public Works
Director Steve Kahn, Community Services Director Brady Cherry,
Fire Chief Kurt Stone and City Attorney Patrick Enright.
COMMUNITY FORUM:
Tom Colmeyer, spokesperson for Oppose Walmart, followed up on the public
comments from the workshop meeting of May 30th and proposed that the City Council
direct staff to prepare a zoning code amendment to include limitations on retail size and
non-taxable merchandise.
Eric Greening stated his agreement with the previous speaker, thank ed Mayor O’Malley
for signing the US Mayors Climate Protection Agreement and spoke about the next
steps, questioned who was responsible for selecting a replacement for Council Member
Scalise at LAFCO, and reported that the new interpretive specialist for the Anza Trail
will be in northern San Luis Obispo County tomorrow afternoon through Thursday
morning.
Ursula Luna spoke about the compilation of written statements received by the city from
the public regarding the Annex project and expressed concern with how comments
were grouped under the specific categories of neutral, for, or against the project.
Marilyn Brown stated she had spoken against Wal Mart at the May 30th meeting, but
was listed as a neutral. For the record she is adamantly opposed to having a Wal Mart
Super Center in Atascadero and wants her name taken off neutral and put under
opposed. Ms. Brown submitted a copy of her statement of May 30, 2006. (Exhibit A)
Robert Skinner stated he had spoken at the May 30th meeting and reiterated his
opposition to Wal Mart.
Geraldine Brasher stated she was opposed to Wal Mart, and asked if there would be a
discussion tonight regarding filling the City Council vacancy.
David Broadwater distributed a package of information regarding his attempts to find out
the truth about city staff, Council and Planning Commissioners’ communications and
meetings with the Rottman Group who is the developer of the Annex, and with any
potential retailers. (Exhibit B) Mr. Broadwater spoke about the contents of his handout.
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Lee Perkins stated that her comments at the May 30th workshop were wrongly placed in
the neutral category, as she is opposed to Wal Mart. She requested that future public
workshops be held in a facility that will allow all those in attendance to be
accommodated.
Steve Tillman expressed his frustration that there is no real process in this community
where people can be heard from, listened to and involved.
Ann Ketcherside asked how the developers of the Annex had accumulated the property
for the project. She also asked that bids not be taken for the Youth Center on Traffic
Way and that another site be found, as she believes the ground is contaminated.
Mitch Paskin thanked staff for their response and report on San Marcos Road. He also
stated he was opposed to the rezoning for Wal Mart.
Terril Graham spoke about his website and invited everyone to access it and see the
issues he has presented regarding a writ he filed with the US Supreme Court.
Mayor O’Malley closed the Community Forum period.
Mayor O’Malley asked staff to address issues raised during the Community Forum
period.
Community Development Director Warren Frace explained that the tally of public
comments from the May 30th workshop was provided as a summary for the Council and
are rough tallies. The comments listed on the first two pages are in the order in which
they were received.
Assistant City Manger Jim Lewis reported that full phase one and two environmental
analysis has been completed at the Youth Center site, and the city is awaiting a
clearance letter from the County Health Department. Both the consultant and soils
engineer have given their clearance.
City Clerk Marcia McClure Torgerson explained that the City Council has directed her to
prepare resolutions for calling a special election, coinciding with the November election,
to fill the City Council vacancy. That issue and the proposed ballot measure have been
agendized for the June 27th meeting. Ms. Torgerson also explained that she responds
to public records requests daily, and suggested Mr. Broadwater make an appointment
with her at which time they can talk about the records he has requested.
City Manager Wade McKinney stated the LAFCO appointment is made by the City
Selection Committee.
MOTION: By Council Member Luna to direct staff to agendize an ordinance
along the lines discussed by Mr. Colmeyer.
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The motion failed for lack of a second.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the agenda.
Motion passed 4:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor O’Malley reported that he and Mayor Pro Tem Pacas have considered doing the
City Manager’s annual performance evaluation in house this year, and asked for
Council discussion on how to proceed.
There was Council Consensus for each Council Member to fill out their evaluation
forms and individually submit them to the City Manager, then a closed session
will be held at which time each Council Member can discuss their own forms if
they wish.
Mayor O’Malley announced that tonight is the first fundraiser Barbecue at the Lake and
encouraged all to attend each week. He also reported that l ast Wednesday was the
first farmers market in the Sunken Gardens.
PRESENTATIONS:
1. Employee Service Award Presentation.
City Manager Wade McKinney presented Roy Strong with a diamond pin for 25 years of
service to the city.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – May 9, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of May 9, 2006. [City Clerk]
2. April 2006 Accounts Payable and Payroll
Fiscal Impact: $1,795,311.19.
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for April 2006. [Administrative Services]
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3. April 2006 Investment Report
Fiscal Impact: None.
Recommendation: Council approve the Investment Report for April 2006.
[City Treasurer]
4. Engineer Contracts
Fiscal Impact: The costs of Engineering Services are billed directly to the
capital project accounts.
Recommendation: Council authorize the City manager to enter into
ongoing contracts for contract engineering services with the firms on the
“General Engineering Services Qualified Firm List.” [Public Works]
Items pulled: David Broadwater, Item #A-1
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Pacas to approve Items #A-2, 3 and 4
Motion passed 4:0 by a roll-call vote.
Item #A-1: Mr. Broadwater requested the following change to the Minut es of May 9,
2006: Page 2, first paragraph under Community Forum to read:
“David Broadwater spoke about the Del Rio Road Annex project and his unsuccessful
attempts to access information from city staff about the project communications and
meetings with the Rottman Group. He recommended that Council ascertain for the
citizens of Atascadero all information available about this project city staff
communications and meetings with the Rottman Group and present it at the next City
Council meeting. City Manager Wade McKinney stated he would follow up on what
information has been received and prepare a memorandum to Council to that effect.”
Council Member Clay stated he would prefer to have the Clerk listen to the tape, make
the corrections and then have Council approve the Minutes at the next meeting.
MOTION: By Mayor O’Malley and seconded by Mayor Pro Tem Pacas to
approve Item #A-1 as amended.
Motion passed 3:1 by a roll-call vote. (Clay opposed)
B. MANAGEMENT REPORTS:
1. Hwy 101/41 Interchange Funding
Fiscal Impact: Unknown. Cost and options have not been fully reported by
Caltrans and SLOCOG.
Recommendations: Council:
1. Receive a report from Staff on updated information on the Hwy 101/41
Interchange options, San Luis Obispo Council of Governments June
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7th meeting and the California Transportation Commission June 8 th
meeting; and,
2. Direct Staff on the preferred option for the Hwy 101/41 Interchange
Project. [Public Works]
Public Works Director Steve Kahn gave the staff report and answere d questions of
Council.
Steve Debuchensky, Planning Director for SLOCOG, explained how overages will be
handled and stated that they are moving forward on this project.
PUBLIC COMMENT
Eric Greening spoke about the impacts to the downtown and increase s in material and
energy costs by choosing this alternative, which will take longer to construct than the
roundabout.
Richard Mullen spoke in favor of completing this project in a more traditional way, and
against using a roundabout. He would like to see this move forward quickly to mitigate
the traffic congestion at this intersection.
Doug Sheffer asked if there were figures regarding the safety features for the two
alternatives.
Don Geissinger thanked Council for moving this project forward and outlined some of
the drawbacks to utilizing a roundabout. He also spoke about a project extension on
Marchant and suggested taking that out of the bid for Cal Trans and allowing him to do
it on his own thereby creating a significant savings, which he wo uld want to go to the
city, not Cal Trans.
Ann Ketcherside asked for clarification of the six month time schedule and stated that
pedestrians and those in wheel chairs are not in favor of roundabouts.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor O’Malley and seconded by Council Member Clay to
approve the contribution of project funding shortfall of
$900,000 and direct the Mayor to issue a letter to Cal Trans
emphasizing the need for expediency.
Motion passed 4:0 by a roll-call vote.
2. Acquisition of Paloma Park (045-323-001)
Fiscal Impact: The purchase of the park will cost up to $900,000. Funds
are not available for purchase of the park. Staff is recommending that
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$900,000 be advanced from park impact fees for purc hase of the park.
The advance will be repaid by development fees as they are collected in
the future.
Recommendations: Council:
1. Adopt a Draft Resolution authorizing the purchase of Paloma Park
from the State of California; and,
2. Approve the attached purchase agreement and purchase price, not to
exceed $900,000; and,
3. Authorize the Administrative Services Director to appropriate $900,000
from the Park Impact Fees. [City Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Sandy Jack, Parks and Recreation Commissioner, raised several questions including
how the park impact fees are used, where they go and how they are spent , how long it
would take to pay back the purchase price from developers fees, how much is
estimated to be the buyers cost connected with the closing of this transaction, and are
there any current plans to proceed with development of any of the added acreage that
would be part of the park.
Mayor O’Malley closed the Public Comment period.
City Manager McKinney and Assistant City Manager Lewis addressed Mr. Jack’s
questions.
MOTION: By Council Member Clay and seconded by Council Member
Luna to adopt a Draft Resolution authorizing the purchase of
Paloma Park from the State of California; and, approve the
attached purchase agreement and purchase price, not to
exceed $900,000; and, authorize the Administrative Services
Director to appropriate $900,000 from the Park Impact Fees.
Motion passed 4:0 by a roll-call vote. (Item #B-2.1 Resolution
No. 2006-061, Item #B-2.2 Contract No. 2006-025)
C. COMMITTEE & LIAISON REPORTS:
None
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D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay spoke in support of City Clerk Torgerson and of her
efficiency, helpfulness and dependability. He asked Public Works Director Steve
Kahn to give an update on San Gabriel Road. Director Kahn reported that the
design had been completed and submitted to Cal Trans and the city is waiting for
the encroachment permit from Cal Trans. Regarding the rezoning at Del Rio
Road and El Camino Real, Council Member Clay stated he would prefer to see
an independent survey or vote of the people to determine what they really want.
Mayor O’Malley stated his agreement with Council Member Clay regarding City
Clerk Torgerson who he believes is competent and does an outstanding job for
the city and community, and commended her as a role model for city staff.
E. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 8:50 p.m. to the next regularly scheduled
meeting of the City Council on June 27, 2006.
MINUTES PREPARED BY:
________________________
Grace Pucci, Deputy City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – Marilyn Brown, statement from meeting of May 30th
Exhibit B – David Broadwater, chronology of requests for information and summary of responses