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HomeMy WebLinkAboutMinutes 092606Approved October 24, 2006 CC Minutes 09/26/06 Page 1 of 10 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, September 26, 2006, 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor O’Malley called the meeting to order at 7:03 p.m. and Mayor Pro Tem Pacas led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Pacas and Mayor O’Malley Absent: Council Member Luna 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 L ewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kerry Margason and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor Johnny Johnson, Paradise Fellowship of Atascadero, led those present in prayer. David Curtis asked if there is a process for the public to place an item on the agenda, and questioned what limitations exist for campaign finances in Atascadero. Approved October 24, 2006 CC Minutes 09/26/06 Page 2 of 10 Lee Perkins, representing Oppose Wal Mart, responded to a recent letter to the editor in the Atascadero News, stated Oppose Wal Mart’s goals, and announced the candidates they are supporting for the next City Council race. Tom Comar, spokesperson for Oppose Wal Mart, spoke about the organization’s work to prevent adverse impacts to the community f rom issues such as zoning for a Wal Mart superstore. He asked that a Council Member place an item on the next agenda to determine how a citizen or group can place an item on a City Council agenda. Sandra Wyberg requested that a marker be placed as promised to honor those who were buried in the Dove Cemetery. Mary Ubersacks spoke in support of a marker for the Dove Cemetery as was promised when the bodies were removed. David Broadwater shared information regarding his May 16th California Public Records request, and displayed and discussed the implications of several email communications between city staff, a council member, a property owner’s representative and the Rottman Group regarding the Annex property. (Exhibit A) Livia Kellerman questioned if Von’s shopping center was considered part of the downtown area, and stated it would be nice to have something other than a Lube N GO in their parking lot. Eric Greening spoke in support of the Dove Cemetery marker and asked what recourse is available when project mitigations are not followed. Mr. Greening asked if there was documentation of a proposed meeting between city staff and the Rottman group on August 30, 2005. Mike Brennler spoke about the emails presented by Mr. Broadwater and stated his belief that they are destroying the credibility of the executive management in Atascadero. Maria Hooper referred to a letter she recently wrote to the Editor of the Atascadero News and stated that everything she wrote was a direct quote from an email she had received from Ms. Perkins of Oppose Wal Mart. She stated she is opposed to Wal Mart and big box stores in general and supports mom and pop stores. Mayor O’Malley closed the Community Forum period. City staff addressed issues raised during the Community Forum period. Approved October 24, 2006 CC Minutes 09/26/06 Page 3 of 10 APPROVAL OF AGENDA: Mayor O’Malley announced that the Special Joint Session with the Planning Commission has been cancelled as well as Item #B-2 as both require four members of the Council to be present. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to approve the agenda as amended. Motion passed 3:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Mayor O’Malley – Del Rio Project – Target Stores – Request City Council Action Mayor O’Malley read into the record an email he sent to staff regarding the possibility of Target building a new store at the Del Rio site. He encouraged staff to speak with anyone that wants to do business in Atascadero. PUBLIC COMMENT Livia Kellerman expressed concern that the next wave is not big box stores but rather smaller pedestrian friendly stores and stated that based on her research she does not believe that Target is really interested in the Del Rio site. Sorrel Marks requested that Council make it very clear when they are speaking of a super center in the context of a retail store. She also requested that Council look into lifestyle centers rather than big box stores. Eric Greening asked several questions regarding the process for the Annex site including a possible zone change request and the order of applications received for the site Bruce Bevins thanked the Council for coming forward with the idea of presenting the process upfront, and for the idea that all comers would have a shot. He stated his opposition to having Wal Mart in Atascadero. Steve Tillman commented that there is not a process for community participation in the city’s decision making process. Craig Baggie asked what the process would be now that Wal Mart has bought the 26 acre parcel, whether this would freeze out other retailers, and what Wal Mart would do if it can’t get the appropriate zoning. David Broadwater expressed his opinion that this issue looks phony and political given that Wal Mart already owns the land and would not sell it to their competitor. Approved October 24, 2006 CC Minutes 09/26/06 Page 4 of 10 Pastor Johnny Johnson commended Council because he believes in what they are doing and that they have the best intentions for the city. He would like people who live in Atascadero to be able to shop locally for the best products and prices. Ron Rothman stated he moved here for clean air, quietness and community, and does not want to see this community become what others have by inviting businesses here without looking at their cumulative effects. Mayor O’Malley closed the Public Comment period. PRESENTATIONS: 1. Commendation presentation to Dennis Moresco. Mayor O’Malley read the Commendation and presented it t o Mr. Moresco who thanked the Council for their recognition and stated he did the tree preservation because it was good for the community and the project. 2. Proclamation proclaiming October 8 – 14, 2006 “Fire Prevention Week.” Mayor Pro Tem Pacas read the Proclamation and presented it to Fire Fighter Bill White who accepted the proclamation for the Fire Department and explained what they do during Fire Prevention Week. 3. Economic Vitality Corporation (EVC) update by Michael Manchak, Chief Executive Officer Michael Manchak spoke about the Economic Vitality Corporation and explain ed their function within the county. Martha Van Inwegen, founder of Life Elements who obtained a business loan from the EVC, explained how they helped her in setting up her new business. A. CONSENT CALENDAR: 1. Title 9 Planning and Zoning Text Amendment ZCH 2006-0117 / PLN 2006- 0110 Industrial Zoning Uses, Sign Ordinance & Exterior Lighting (City of Atascadero)  Fiscal Impact: None.  Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2006 -0117 based on findings. [Community Development] Approved October 24, 2006 CC Minutes 09/26/06 Page 5 of 10 2. Establishment of Speed Limits on Various City Streets  Fiscal Impact: Approximately $14,000 for materials and labor to be paid with currently budgeted funds.  Recommendation: Council adopt the Draft Resolution formally establishing a speed limit on various City streets. [Public Works] 3. Final Map 2006-0138 (Parcel Map AT 05-0330) 8100 Coromar Road (TPM 2005-0077)(Moses)  Fiscal Impact: None.  Recommendations: Council: 1. Accept Final Parcel Map 2006-0138 (Parcel Mat AT 05-0330); and, 2. Reject, without prejudice to future acceptance, the offer of dedication for a Public Utility Easement. [Public Works] Items pulled: Ellen Beraud, Item #A-2 MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to approve Items #A-1 and 3. Motion passed 3:0 by a roll-call vote. (Item #A-1 Ordinance No. 499) Item #A-2: Public Works Director Steve Kahn gave the staff report. PUBLIC COMMENT Ellen Beraud referred to San Gabriel Road and Capistrano Road and recommended keeping the speed for both at 35 miles per hour for the safety of children using the road. Mayor O’Malley closed the Public Comment period. MOTION: By Mayor O’Malley and seconded by Council Member Clay to approve Item #A-3 and direct staff to bring it back for Council consideration if there is discretion on the item. Motion passed 3:0 by a roll-call vote. (Resolution No. 2006-088) Mayor O’Malley recessed the hearing at 8:34 p.m. Mayor O’Malley called the meeting back to order at 8:41 p.m. Approved October 24, 2006 CC Minutes 09/26/06 Page 6 of 10 B. PUBLIC HEARING: 1. Single-Family Planned Development #16 Zone Change 2005 -0107, CUP 2005-0171 (Master Plan of Development), Vesting Tentative Tract Map 2004-0059 (2865 Ferrocarril Road)(Tharp/Beck)  Description: Creation of a five (5) lot subdivision and approval of five (5) single-family residences, landscaped open space, and a pedestrian/ equestrian trail leading to the Salinas River.  Fiscal Impact: None.  Recommendations: Planning Commission recommends Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006-0022; and, 2. Introduce for first reading, by title only, Draft Ordinance A, approving Zone Change 2005-0107 based on findings; and, 3. Adopt Draft Resolution B approving Conditional Use Permit 2005- 0171 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Draft Resolution C approving Tentative Tract Map 2004-0059 based on findings and subject to Conditions of Approval and Mitigation Monitoring with added Condition CUP 14 and TTM 15 requiring improvement of Chico Road and construction of a pedestrian/equestrian trail in accordance the agreement between Mr. Beck and Mr. Munoz and City requirements as shown on Attachment 7. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT – None MOTION: By Council Member Clay and seconded Mayor Pro Tem Pacas by to adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006-0022; and, introduce for first reading, by title only, Draft Ordinance A, approving Zone Change 2005-0107 based on findings; and, adopt Draft Resolution B approving Conditional Use Permit 2005-0171 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Draft Resolution C approving Tentative Tract Map 2004-0059 based on findings and subject to Conditions of Approval and Mitigation Monitoring with added Condition CUP 14 and TTM 15 requiring improvement of Chico Road and construction of a pedestrian/equestrian trail in accordance the agreement between Mr. Beck and Mr. Munoz and City requirements as shown on Attachment 7. Approved October 24, 2006 CC Minutes 09/26/06 Page 7 of 10 Motion passed 3:0 by a roll-call vote. (Item #B-1.1 Resolution No. 2006-089, Item #B-1.3 Resolution No. 2006-090, Item #B-1.4 Resolution No. 2006-091) 2. Interim Urgency Ordinance Establishing a Moratorium on the Approval of “Site Condominiums”  Description: Temporary Ordinance establishing a moratorium for the approval of “site condominiums.”  Fiscal Impact: None.  Recommendation: Council adopt the attached interim urgency ordinance establishing a moratorium on the approval of “site condominiums.” [City Attorney] This item has been continued to October 10, 2006. C. MANAGEMENT REPORTS: 1. Records Retention Schedule Review  Fiscal Impact: None.  Recommendation: Council direct staff to amend the Administrative Policy concerning Electronic Mail Usage as recommended by staff. [City Manager] City Clerk Marcia McClure Torgerson gave the staff report and with City Attorney Patrick Enright answered questions of Council. PUBLIC COMMENT Ellen Beraud suggested going on a departmental basis in dec iding on whether a file should be kept/created and a project comes forward or not. She also suggested there be a place for emails to be thrown into for public access, and encouraged the city to go beyond what is required for records retention. David Broadwater asked several questions regarding retention periods for non-record and record emails. He recommended falling back to the California Government Code, Section 3490 and retain emails for a two year period, and expressed concern that t he 90 day retention period is not in this policy. City Attorney Patrick Enright recommended that the following be added to the section on Retention Period for Record E-Mails: It is the responsibility of each employee to delete record emails when no longer needed, o r within 90 days. Mayor O’Malley closed the Public Comment period. Approved October 24, 2006 CC Minutes 09/26/06 Page 8 of 10 MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to direct staff to amend the Administrative Policy concerning Electronic Mail Usage as recommended by staff, and with the recommendation that Mr. Enright gave. Motion passed 3:0 by a roll-call vote. 2. San Luis Obispo County Visitor’s & Conference Bureau Business Improvement District  Fiscal Impact: None.  Recommendation: Council provide staff direction regarding placing the Business Improvement District on a future agenda. [City Manager] City Manager Wade McKinney gave the staff report. PUBLIC COMMENT Jonni Biaggini thanked Council for the opportunity to address this subject at the October 10th meeting and answered questions of Council. Mayor O’Malley closed the Public Comment period. There was Council consensus to have this come back at the next Council meeting on October 10th. 3. Letter of Support for the Chicago Grade Landfill Expansion  Fiscal Impact: None.  Recommendation: Council direct City Manager to send letter supporting Final Environmental Impact Report for the Chicago Grade Landfill expansion. [Public Works] Public Works Director Steve Kahn gave the staff report. PUBLIC COMMENT – None MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to direct City Manager to send letter supporting Final Environmental Impact Report for the Chicago Grade Landfill expansion. Motion passed 3:0 by a roll-call vote. D. COMMITTEE & LIAISON REPORTS: None Approved October 24, 2006 CC Minutes 09/26/06 Page 9 of 10 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay spoke about a program he saw regarding the pros and cons of Wal Mart, and he remarked on some of the positive aspects. Mayor O’Malley commented on a letter he received from an attorney that is highly complimentary of city staff, and stated he had received an email from the owner of American Care Home, who was pleased with the Police and Fire Department’s response to a recent fire on their property. City Clerk City Clerk Marcia McClure Torgerson asked Council if they would like to continue with two student representatives to the Parks and Recreation Commission. Council directed that the City Clerk set up an interview with the Council Members Clay and Pacas for the student interested in the second student position on the Parks and Recreation Commission. Ms. Torgerson also announced that she has extended the broadcasting time for City Council meetings on KPRL radio to 11:00 p.m. as of October. City Attorney City Attorney Patrick Enright announced that Ethics Training has been set for December 7th for any Council Members, Commissioners or staff who have not had the training yet this year. City Manager Public Works Director Steve Khan gave an update on the Highway 41/101 interchange project. Administrative Services Director Rachelle Rickard gave an update on the r epairs to City Hall, the Printery building and FEMA actions. F. ADJOURNMENT: Mayor O’Malley adjourned the meeting at 9:43 p.m. to the next regularly scheduled meeting of the City Council on October 10, 2006 Approved October 24, 2006 CC Minutes 09/26/06 Page 10 of 10 MINUTES PREPARED BY: _________________________ Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk’s office: Exhibit A – David Broadwater, emails.