HomeMy WebLinkAboutMinutes 101006Approved November 14, 2006
CC Minutes 10/10/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, October 10, 2006, 7:00 P.M.
CLOSED SESSION: 6:32 p.m.
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT – CLOSED SESSION: None
2. CALL TO ORDER
a. Conference with negotiator over real property. (Govt. Code Sec.
54956.8)
Negotiator: City Manager Wade McKinney
Property: 8300, 8350 & 8400 Toloso Road
3. ADJOURN: 6:50 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that the Council met in closed session and
gave direction to its real property negotiator, but there was no reportable action.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
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ROLL CALL:
Present: Council Members Clay, Luna, Pacas and Mayor O’Malley
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,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Fire Chief Kurt Stone, Police
Chief John Couch, Public Works Director Steve Kahn and City
Attorney Patrick Enright.
COMMUNITY FORUM:
Pastor Steve Shiveley, Calvary Chapel Atascadero, led those present in prayer.
Joanne Main, Chamber of Commerce Executive Director, made several
announcements: 1) City Council Candidate’s Forum is scheduled for October 11th, 2)
Chamber Colony Days Mixer on Thursday, October 19th, and 3) Colony Days will be on
October 20th and 21st.
Jim Shannon read from a prepared statement expressing his views on the quality of life
in Atascadero.
Ann Ketcherside expressed concern regarding the possibility of an Atascadero
homeowner loosing their property to eminent domain.
Eric Greening, in response to a statement by the previous speaker, stated he had no
recollection of any conversation regarding anyone’s property being taken, and
suggested the Council agendize the issue of Proposition 90.
Ann Ketcherside stated she has documents verifying that the city has brought up the
issue of eminent domain regarding a property in Atascadero.
Mayor O’Malley closed the Community Forum period.
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.
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COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Council Member Luna – The Atascadero Colony Days Committee
rejection of Oppose Wal-Mart’s application to participate in the
Colony Days Parade.
Council Member Luna stated he does not have any intention to second guess the
decision of the Colony Days Committee, but he takes issue with the rejection letter sent
from the Committee and would like a clear explanation of the rules.
PUBLIC COMMENT
Mike Brennler spoke in support of allowing the “Oppose Wal Mart” group to march in the
Colony Days Parade.
Jay DeCou, Colony Days Committee, reviewed the policies for the Colony Days Par ade
and explained the reasons the Committee declined to accept Oppose Wal Mart’s
application for the parade.
Lee Perkins, Oppose Wal Mart, explained why they wish to march in the Colony Days
Parade and clarified the application they had submitted.
Steve Martin, Colony Days Committee, explained that because of the controversial
nature of Oppose Wal Mart’s issue it was not in keeping with the character and spirit of
Colony Days, and was therefore against the policies and regulations of the organization.
Maggie Rice Vandergon, Colony Days founder, stated she had made the motion to
deny the parade entry of the Oppose Wal Mart group , and explained the legal reasons
for the decision.
Tim Peterson spoke in favor of keeping the parade politically free and stated it is a
family celebration and should not have political energy coming into it.
Eileen Allen, Colony Days Committee Board of Directors, spoke about the discussions
the group had in regard to the Oppose Wal Mart application for the parade and stated
their decision was based on a long standing policy not on whether or not they support
Wal Mart.
Tom Comar, Oppose Wal Mart, thanked Council Member Luna for placing this item on
the agenda and explained that they did not wish to polarize the communit y over this
issue.
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David Broadwater stated he is not a member of Oppose Wal Mart, spoke about two
previous Colony Days and controversial issues faced in those celebrations, and stated it
is exclusion that causes controversy not inclusion.
Barbie Butz, Colony Days Committee, explained that the committee is not excluding the
Oppose Wal Mart group from having a booth, but that the parade has different policies
which must be followed.
Sandy Jack commended the Colony Days Committee’s position and stated that the day
should be used to honor Atascadero’s history and should not be polluted by politics.
Diane Greenaway, Colony Days Committee, stated that in order to be included in the
parade the applicant must be willing to go along with the theme and place a positive
aspect on their entry.
Eric Greening responded to the assumption that the expression of a view is an attempt
to divide the community; he feels the expression of a view is an invitation to a dialogue.
Mayor O’Malley closed the Public Comment period.
Council Member Luna stated he hoped the Committee and the Oppose Wal Mart group
could come to an agreement on what could be accepted in the parade. He indicated
that the Committee’s letter should have included the issues raised tonight.
Council Member Clay stated the city wants a celebration not a demonstration and feels
the Committee made a good decision.
Mayor O’Malley spoke about the policies for some of the activities during Colony Days,
and explained why it seemed that the Oppose Wal Mart entry might take away from the
celebration.
City Attorney Patrick Enright reported that as a private organization the Colony Days
Committee gets to decide who is and is not in the parade.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – September 12, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of September 12, 2006. [City Clerk]
2. Conflict of Interest Code – Biennial Review
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution, updating and
amending the Conflict of Interest Code for the City of Atascadero. [City
Clerk]
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3. Single-Family Planned Development #16 / Zone Change 2005-0107 / 2865
Ferrocarril Road (Tharp/Beck)
Fiscal Impact: None.
Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2005 -0107 based on findings.
[Community Development]
4. City Hall Historic Consultant Contract Authorization
Fiscal Impact: Staff has not received a scope of work from the consultant
due to the tight timelines. Staff is confident that the cost of the contract
will not exceed $70,000.
Recommendation: Council authorize the City Manager to approve a
contract for a consultant to prepare a Section 106 historic evaluation of
City Hall. [Community Development]
5. Revised Temporary Road Closure – Winter Wonderland (Atascadero
Main Street)
Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works staff.
Recommendation: Council approve the request by Atascadero Main
Street for the additional road closures of Palma Avenue (from Traffic Way
to West Mall) and Entrada Avenue (from El Camino Real to Palma) for
Winter Wonderland on December 1st, 2006. [Public Works]
6. Temporary Road Closure / Mobley’s Board Shop
Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works staff.
Recommendation: Council approve a request from Mobley’s Board Shop
to close a portion of Palma Avenue, from Traffic Way to Entrada, on
Tuesday, October 31, 2006 from 1:00 p.m. – 11:59 p.m. [Public Works]
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to approve Items #A-1, 2, 3, 4, 5 and 6.
Motion passed 4:0 by a roll-call vote. (Luna abstained on
Items #A-1 and 3) (Item #A-2 Resolution No. 2006-092, Item #A-
3 Ordinance No. 500, Item #A-4 Contract No. 2006-034)
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B. PUBLIC HEARING:
1. 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]
City Attorney Patrick Enright gave the staff report and answered questions of Council.
PUBLIC COMMENT
Joan O’Keefe, Planning Commissioner, stated that Dove Creek was a planned
development, and asked if any changes were made to the project.
Ellen Beraud, Planning Commissioner, asked if this would prevent the changes at Dove
Creek, would the common area on the ground be maintained, and would it apply
immediately to the Dove Creek Project.
Community Development Director Warren Frace explained how the common areas
were handled for the Dove Creek condominium units.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to adopt the attached interim urgency Ordinance
establishing a moratorium on the approval of “site
condominiums.”
Motion passed 4:0 by a roll call vote. (Ordinance No. 501)
Mayor O’Malley recessed the hearing at 8:25 p.m.
Mayor O’Malley called the meeting back to order at 8:32 p.m.
C. MANAGEMENT REPORTS:
1. Sprinkler Ordinance Review
Fiscal Impact: None.
Recommendation: Council receive and file a management report
reviewing the Sprinkler Ordinance. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
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Ex Parte Communication
Mayor O’Malley stated he has had conversations on this topic with the Fire Chief,
fire fighters and the public.
PUBLIC COMMENT
Connie Pillsbury stated she believes in sprinklers in new construction because it is less
expensive, however, it can become very costly when required for additions. She
requested Council consider changing the code to state that additions to single family
residences resulting in a total floor area of 5,000 square feet would require a sprinkler
system.
Norm Pillsbury urged the Council to take a larger view when making a decision about
additions and change the 3,000 sq. ft. requirement to 5,000 sq. ft. to bring it more in line
with other communities.
Jay De Cou explained that there are several cost components involved when
purchasing and installing sprinkler systems, and agreed that 3,000 sq. ft. is too
restrictive.
Connie Pillsbury stated she would have to get a new water meter to accommodate the
required sprinkler system.
Mayor O’Malley closed the Public Comment period.
There was Council discussion regarding this item. Mayor O’Malley reopened the Public
Comment period.
PUBLIC COMMENT
Norm Pillsbury explained that in his opinion a partially sprinklered structure would still
give people time to get out, and that if their home did burn down they have fire
insurance to rebuild.
Connie Pillsbury stated she appreciates the statistics but this is their private home, and
this is invasive and feels as though they don’t get to make their own decision about their
own home.
Bill White, Atascadero Professional Fire Fighters Assoc iation, stated there was a lot of
hard work and time spent on this ordinance.
Mayor O’Malley closed the Public Comment period.
Mayor Pro Tem Pacas explained that the Fire Department is very short staffed and for
this reason she supports a more restrictive ordinance.
Council Member Clay stated he would support the ordinance as is.
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Council Member Luna expressed his support of the Fire Chief and his Department, and
stated the Council has spent a lot of time on the ordinance and he is not in favor of
weakening it any further.
Mayor O’Malley agreed with Mayor Pro Tem Pacas, stating this is a tough policy
decision, but one that is good for the entire community.
2. Request by San Luis Obispo County Board of Supervisors (SLOBOS) for
Consent to Create a San Luis Obispo Tourism Business Improvement
District (SLOTBID)
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution, authorizing the
SLOBOS to create the SLOTBID, and grant the SLOBOS jurisdiction for
all the purposes in connection with creation and operation of the proposed
SLOTBID, with input from the lodging businesses and participating cities.
[City Manager]
Joni Biaggini, Executive Director of the County Visitors and Conference Bureau (VCB)
made the presentation and answered questions of Council.
PUBLIC COMMENT
Eric Greening spoke in support of this issue and stated his hope that the VCB would
retain its close connection with the Arts Council and the artistic community.
Therese Corea, General Manager of the Carlton Hotel and Villa Toscana, spoke in favor
of this initiative.
Karen Palmer, Best Western Colony Inn, spoke in support of the Tourism Business
Improvement District and encouraged Council to sign the resolution.
Jesse Patake, representing JP Patel, Best Western Colony Inn, spoke in support of the
BID and urged passage of the ordinance.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor O’Malley and seconded by Council Member Luna to
adopt the Draft Resolution, authorizing the SLOBOS to create
the SLOTBID, and grant the SLOBOS jurisdiction for all the
purposes in connection with creation and operation of the
proposed SLOTBID, with input from the lodging businesses
and participating cities.
Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-093)
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3. Informational Item: Dove Creek Development Required Improvements
for the US 101/Santa Barbara Interchange
Fiscal Impact: None.
Recommendation: Informational item only, no staff recommendation at
this time. City Staff is bringing this before the City Council to inform that
home buyers in this Project may be prohibited from occupying their homes
until this issue is satisfactorily resolved. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Ex Parte Communication
Mayor O’Malley stated he has spoken with Grant Robbins, a representative for this
project, and, with County Supervisor Jim Patterson, had met with him on several
occasions to talk about this problem. Additionally he has had conversations with
neighbors and organizations in this area.
PUBLIC COMMENT
Grant Robbins, Centex Homes, commented that a lot of efforts have been made to
alleviate this problem, and they are looking at both short and long term solutions. Mr.
Robbins answered questions of Council.
Eric Greening spoke about the importance of following through on required mitigations
and of the cumulative increasing pressure on this interchange, and stated the funding of
the project study report should be a condition of approval.
Joan O’Keefe questioned whether Cal Trans had input into the traffic analysis and if
they made any comments. Regarding roundabouts, Mrs. O’Keefe stated that while the
initial expense may be the same as putting in the lights, the city would not have the
ongoing expense of the lights.
Mary Ann Serpa spoke of the importance of San Antonio Road to her community and
urged the Council to look at the safety factor not the most economical factor in their
decision making.
Eric Greening indicated that he is not in favor of changing mitigations; however he is
open to considering roundabouts if they prove to be a better solution.
Mayor O’Malley closed the Public Comment period.
Public Works Director Steve Kahn addressed issues raised during the Public Comment
period.
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4. Historic Atascadero Printery Building Restoration Status Update
Fiscal Impact: None.
Recommendation: Council receive and file report. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Ex Parte Communications
Mayor O’Malley reported that he went with staff to Sacramento and spoke with
SHIPO, and with local historians including Lon Allen.
PUBLIC COMMENT
Maria Hooper expressed concern that the developer is not in compliance with the deed
restrictions, that the tapestries are not being maintained, there is no timeline, and asked
what the consequences are if the developer is not going along with the deed
restrictions.
Joan O’Keefe stated she looked at the files for this project and explained what she had
learned. She asked whether the FEMA funds may be jeopardized, what is the City
Manager’s role, and what leverage does the city have to force compliance. She
encouraged transparency in relation to this issue.
Greg Ravat expressed concern with how the project has gone so far and stated that the
preservation plan must come first and the integrity of the building must be maintained.
He suggested the formation of a landmark committee to get involved and talk about
what is to be done.
Mayor O’Malley closed the Public Comment period.
There was Council consensus to go ahead with the RFP process, get the report
and look at what legal recourse there is for reimbursement of costs.
D. COMMITTEE & LIAISON REPORTS:
Mayor O’Malley
1. County Mayor’s Round Table: One of the local mayors suggested Council
Members individually donate to an ad suggesting that people remember to
pay attention to their local issues.
Mayor Pro Tem Pacas
1. Mayors Round Table: big issue is the ½ cent sales tax increase.
2. City / Schools Committee: discussed getting the football fields on the school
board agenda.
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Council Member Luna
1. Finance Committee: discussed the purchasing policy, which will come to
Council at their next meeting, the economic development update, Colony
Square project, historic city hall reconstruction project and negotiating with
FEMA to maximize what the city will get to restore the rotunda building.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Luna commented that the two informational items were very
useful and it was good to have the public comments.
Council Member Clay reported on the groundbreaking ceremony for the Youth
Center. He also spoke of the amount of staff time that has been spent in regard
to the City Hall restoration and FEMA negotiations.
City Clerk
City Clerk Marcia McClure Torgerson announced that Planning Commissioner
Tom Jones resigned as of October 2nd. His replacement will be determined by
the individual who is elected to fill Wendy Scalise’s position. There was Council
consensus to wait until after the election to fill the position.
Ms. Torgerson reported that an ad will be placed announcing the student
representative opening on the Parks an d Recreation Commission. Additionally
she explained that staff is working on making digital recordings of city meetings
and that eventually the recordings will be available on the city’s web site.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Luna to go past 11:00 p.m.
Motion passed 4:0 by a roll-call vote.
City Manager
Community Development Director Warren Frace gave an update on the Dove
Creek Cemetery reburial markers.
F. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 11:02 p.m. to the next regularly scheduled
meeting of the City Council on October 24, 2006.
MINUTES PREPARED BY:
_________________________
Grace Pucci, Deputy City Clerk