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HomeMy WebLinkAboutMinutes 061306Approved July 11, 2006 CC Minutes 06/13/06 Page 1 of 8 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 Approved July 11, 2006 CC Minutes 06/13/06 Page 2 of 8 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. Approved July 11, 2006 CC Minutes 06/13/06 Page 3 of 8 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. Approved July 11, 2006 CC Minutes 06/13/06 Page 4 of 8 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] Approved July 11, 2006 CC Minutes 06/13/06 Page 5 of 8 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 Approved July 11, 2006 CC Minutes 06/13/06 Page 6 of 8 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 Approved July 11, 2006 CC Minutes 06/13/06 Page 7 of 8 $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 Approved July 11, 2006 CC Minutes 06/13/06 Page 8 of 8 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