HomeMy WebLinkAboutMinutes 102406ITEM NUMBER: A - 1
DATE: 11/28/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, October 24, 2006
7:00 P.M.
CLOSED SESSION:
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT – CLOSED SESSION: None
2. CALL TO ORDER: 6:51 p.m.
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Cal-Trans Parcel Nos. 5461-01-01 and 5462-01-01
located on the southwest side of Highway 41 near the intersection
of Cemetery Road
City Negotiator: Wade McKinney, City Manager
Negotiating Parties: California Department of Transportation
Under Negotiations: Price and Terms of Payment of above parcels
3. ADJOURN: 6:55 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that Council met in closed session and gave
further directions to the city’s real property negotiator.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7:00 p.m. and Council Member Luna 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, Public Works Director Steve
Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Community
Services Director Brady Cherry, Deputy Public Works Director
Geoff English and City Attorney Patrick Enright.
COMMUNITY FORUM:
Leon Corba requested the Council consider opening up the Lake Pavilion or another
facility at least once a month to allow dancing for the residents of Atascadero.
Pastor Steve Shiveley, Calvary Chapel Atascadero, led those present in prayer.
David Broadwater shared campaign contribution forms he had received for City Council
candidate O’Malley, and expressed his concerns regarding the timeline for these
disclosures and the necessity for Mr. O’Malley to step down from consideration of
projects related to those contributions in the future.
Keith Acksen, Atascadero Fire Fighter, read from a prepared statement expressing his
support for city management and staff.
Tom Colmeyer, Oppose Wal Mart spokesperson, spoke about Wal Mart’s support of
politicians and of the inappropriateness of a politician accepting contributions from those
who would benefit the most from City Council decisions.
Chuck Holdridge stated the Council must represent all of those in t he community not
just the vocal few who show up at meetings. He urged Council to set one direction for
the city and communicate it to staff.
Joanne Main, Executive Director Chamber of Commerce, spoke in support of a
businesses-friendly environment and against the negative publicity that has proliferated
during this election period.
Gary Shoenfeld explained that a reporter had spoken with his wife regarding the
reporter’s perception that there are problems in Atascadero city government. Mr.
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Shoenfeld stated that he feels the perception is wrong but should be a concern to the
Council.
Dan Murphy asked for a change in a line item in the contract documents for the Lewis
Avenue Bridge requiring the steel fabricator being AISC certified. He explained that no
fabricators in this area are certified and therefore cannot bid on this project.
Eric Greening explained his opposition to Proposition 90 and its possible effect on the
General Plan.
Andy Charnley stated he is a developer with a current project in Atascadero and has a
lot of respect for city staff and their professionalism. He explained that he is ashamed
of the venom against developers and the Council in this community and will not be
doing further projects in town because of it.
Maggie White let the community know that she will be voting for candidates who support
a viable economic future for Atascadero and its residents.
Supervisor Jim Patterson spoke on several issues including: 1) the importance of public
involvement in meetings, 2) Proposition 90 and the reasons for his opposition, 3) Colony
Days and thanked those involved, and 4) how Measure J circumvents the planning
process and creates problems for the community.
Ann Ketcherside explained why she did not place a statement regarding her candidacy
in the election pamphlet.
Paul Santos expressed his concerns about using open land for large box stores and did
not think it was part of E.G. Lewis’ vision for Atascadero.
Ellen Beraud commented that the message that if one is not born here they should not
run for office is not right, and when someone runs for office they usually do it for the
good of the community.
Barbie Butz spoke of the growth and changes she has seen in Atascadero and that she
is saddened by the political tension and turmoil that is going on at this time.
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 – Existing eighty-three page report on the
interference by Council Candidates and Planning Commissioner with
Planning Staff’s enforcement of Planning Commission Approved
Conditions.
Council Member Luna stated his concern was the documented back room dealing that
attempted to circumvent the planning process and read excerpts from a staff report and
staff communications. He stated that Commissioners have no authority to direct staff on
anything and proposed that the municipal code, which prohibits any Council Member
from giving orders to any subordinate of the City Manager, be amended to apply the
existing policy generally to members of the public, appointed commissioners and
developers. In addition he proposed that Council adopt norms that would be applicable
to its commissions and would be similar to the existing Council-adopted norms.
Council Member Clay indicated he has no problem with Council Member Luna’s
recommendation, but that it is important for Council Members and Commissioners to be
able to ask questions of staff.
Mayor Pro Tem Pacas stated she has no problem with expanding the expectations for
commissioners, but thinks this is something that should be sent to staff for their
suggestions as to what is going to work for them.
Mayor O’Malley commented that he has heard concerns regarding some
commissioners and stated he supports staff and trusts the process. He is in favor of
garnering staff’s input on Council Member Luna’s suggestions.
Council Member Luna stated that it was not enough for the Council to verbally say they
support the staff, there should be a mechanism in place for staff to refer to that protects
them and their professional integrity on every issue.
PUBLIC COMMENT
Kelly Gearhart gave a review and timeline of his communications with staff regarding his
actions on the project in question.
Marilyn Brown commended staff for not bending the rules for any developer.
Mike Brennler spoke in support of the city government acting ethically and commended
staff for their integrity and courage.
David Broadwater stated he supports the proposal put forth by Council Member Luna,
and that it is important to create a work atmosphere where staff feels comfortable in
speaking up.
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Ellen Beraud, Planning Commissioner, explained how her decisions on project
approvals are made and discussed her no vote on the project in question. She
indicated that she contacts staff to ask questions but never to influence their decisions.
George Molina stated his opinion that this is all about politics, that he takes offense to
the criticism of Mr. Gearhart, and spoke about how Mr. Gearhart has benefited the
community.
Eric Greening spoke in support of the suggestion made by Council Member Luna.
Mike Jackson spoke in support of Mr. Gearhart and stated that the system is
complicated and forces developers to speak up and ask questions.
Livia Kellerman stated that Council Member Luna’s suggestion is a good one.
Kelly Gearhart asked what rule he violated at his site on Tecorida.
City Attorney Patrick Enright stated he found no violations on the project to date and
that the thrust of this is not the violations of Mr. Gearhart, but of the Planning
Commissioner and Council candidate in question.
Mr. Gearhart answered questions of Council and a sked for a formal investigation of the
actions that led to the issues being discussed.
Paul Santos commented that it is necessary to clarify what the text of the law actually
says.
Eric Greening questioned where this project is currently and stated it is not appropriate
for Council to remark on the project at this time.
Mayor O’Malley closed the Public Comment period.
There was Council consensus to support staff to work independently under
Council Direction and give their best professional judgment, to direct the City
Attorney to rewrite the Council Norms to be directed to both commissions and
any commissions in the future, and to also include commissioners in the
municipal code and to have that brought back to the City Council in parallel with
staff having the chance to look at that draft before it comes back to Council, and
with the City Manager taking the lead with staff to determine if they have any
improvements, concerns, or questions. This will include reviewing Council
Norms to see if they can be improved to support staff.
Council Member Clay spoke about the Atascadero Homeowner’s Association website
and their listing of city staff who they believe don’t have the city’s best interest at heart,
and urged them to take that down. He spoke in support of the staff members singled
out by the Association.
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Mayor O’Malley stated he was disappointed to see so many pieces of disinformation in
the media, commented that he defends staff, and spoke in support of the Assistant City
Manager.
Mayor O’Malley recessed the hearing at 9:17 p.m.
Mayor O’Malley called the meeting back to order at 9:30 p.m.
A. CONSENT CALENDAR:
1. City Council Special Joint Study Session Meeting Minutes – September
26, 2006
City Clerk Recommendation: Council approve the City Council Special
Joint Study Session meeting minutes of September 26, 2006. [City Clerk]
2. City Council Meeting Minutes – September 26, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of September 26, 2006. [City Clerk]
3. Purchasing Policy
Fiscal Impact: The proposed policy has no direct fiscal impact, however, it
is expected to generate a savings of staff time.
Recommendation: Finance Committee recommends Council adopt Draft
Resolution A amending the Citywide Purchasing Policy. [Administrative
Services]
4. Final Map 2006-0132 (Parcel Map AT 04-0571) 2445 Monterey Road (TPM
2004-0067 Amendment) (Armet)
Fiscal Impact: None.
Recommendations: Council:
1. Accept Parcel Map 2006-0132 (Parcel Map AT 04-0571); and,
2. Reject, without prejudice to future acceptance, the offers of dedication
for Public Utility Easement. [Public Works]
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Pacas to approve Items #A-1, 2, 3 and 4
Motion passed 4:0 by a roll-call vote. (Luna abstained on
Items #A-1 and 2) (Item #A-3 Resolution No. 2006-094)
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B. PUBLIC HEARING:
1. Amendments to Conditions of Approval: Traffic Improvements for the
US 101/Santa Barbara Interchange (Las Lomas and Dove Creek
Developments)
Fiscal Impact: None.
Recommendations: Council:
1. Approve Draft Resolution A approving amendments to Conditional Use
Permit 2003-0099, Condition #78, and Tentative Tract Map 2003-0033,
Condition #34, for the Dove Creek development to allow for the
installation of alternative US 101/Santa Barbara Road interchange
improvements; and,
2. Approve Draft Resolution B approving amendments to Specific Plan
2003-0001, Condition #63, and Tentative Tract Map 2003-0027,
Condition #49, for the Las Lomas (formerly Woodlands) development
to allow for the installation of alternative US 101/Santa Barbara Road
interchange improvements. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Mayor O’Malley stepped down for the remainder of the meeting and turned the
meeting over to Mayor Pro Tem Pacas.
PUBLIC COMMENT
Grant Robbins, Centex Homes, spoke about the project, their company and the work
they have done toward solution of the traffic problems. Mr. Robbins answered
questions of Council.
Eric Greening commented as follows: 1) was the Santa Margarita Advisory Committee
and their south Atascadero representatives notified of this change, 2) spoke in support
of a project study report to get into the Cal Trans queue, 3) why was a Measure J
analysis not added to this staff report, and 4) will the study account for the possible
impacts of a project developed at Eagle Ranch.
Peter Brown, staff member SLO Council of Governments, spoke about roundabouts as
an alternative for interchanges and suggested the city invite SLOCOG staff to come and
speak about them.
Tina Salter expressed concern that the development is going in prior to the signals
being installed and encouraged the city to go back to Cal Trans and find a way to do the
traffic signals.
Bob Griggs spoke about the traffic impacts at this intersection and expressed concern
regarding the ability of fire trucks to get into this area.
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Ellen Beraud, Planning Commissioner, questioned why the city is waiting to do the
studies when the impacts are being seen now, and stated she was worried about the
time line in terms of what was promised to the citizens.
Eric Greening stated he was open to discussing roundabouts, but was uncomfortable
changing the mitigations as Cal Trans had the opportunity to comment on the
Environmental Review for this project and did not.
Mayor Pro Tem Pacas closed the Public Comment period.
Public Works Director Steve Kahn addressed questions raised during the Pubic
Comment period.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve the amended Draft Resolution A approving
amendments to Conditional Use Permit 2003-0099, Condition
#78, and Tentative Tract Map 2003-0033, Condition #34, for the
Dove Creek development to allow for the installation of
alternative US 101/Santa Barbara Road interchange
improvements; and, approve amended Draft Resolution B
approving amendments to Specific Plan 2003-0001, Condition
#63, and Tentative Tract Map 2003-0027, Condition #49, for the
Las Lomas (formerly Woodlands) development to allow for the
installation of alternative US 101/Santa Barbara Road
interchange improvements, and changing the MOU to 85 units.
Motion passed 3:0 by a roll-call vote. (Item #B-1.1 Resolution
No. 2006-095, Item #B-1.2 Resolution No. 2006-096)
C. MANAGEMENT REPORTS:
1. US 101/SR 41 Interchange Right-of-Way Funding and Utility Relocation
Issues
Fiscal Impact: $400,000.00 City contribution to the project is allocated in
the 2005/2007 Budget from Circulation Fees.
Recommendations: Council:
1. Authorize Caltrans to close Marchant Ave. and Santa Ynez Ave. at
State Route 41 (Morro Road); and,
2. Authorize the City Manager to enter into an agreement with Don
Giessinger to allow the placement of a carwash and parking in the
right-of-way of Marchant Ave.; and,
3. Authorize the City Manager to enter into a cooperative agreement with
Caltrans for the relocation of sewer and water mains in State Route 41;
and,
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4. Authorize the City to accept right-of-way from Caltrans on El Camino
Real; and,
5. Authorize the City Manager to enter into a Cooperative Agreement with
Caltrans to pay $400,000.00 as part of the City’s contribution to the
project; and,
6. Receive report on Proposition J effect on the US 101/ SR 41
Interchange Project. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Eric Greening asked about the use of bright lights for night construction, if pedestrian
and bikes will have safe passage under Highway 101, and what would the city do if the
bids come in higher than anticipated.
Peter Brown, SLOCOG, encouraged the Council to support all the recommendations
before them and stated that Cal Trans supports a pedestrian parkway to create a buffer
between pedestrians and traffic. Mr. Brown a nswered questions of Council.
Ellen Beraud, Planning Commissioner, questioned the agreement with the owner of the
car wash and suggested it might warrant a public hearing to allow the surrounding
neighborhood an opportunity to comment.
Eric Greening commented that Measure J would likely be bad news for anyone who is
waiting for a transportation project in the county that is not currently ready to proceed.
Mayor Pro Tem Pacas closed the Public Comment period.
Public Works Director Steve Kahn answered questions raised during the Pubic
Comment period.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Pacas to authorize Caltrans to close Marchant Ave. and Santa
Ynez Ave. at State Route 41 (Morro Road); and, authorize the
City Manager to enter into an agreement with Don Giessinger
to allow the placement of a carwash and parking in the right-
of-way of Marchant Ave.; and, authorize the City Manager to
enter into a cooperative agreement with Caltrans for the
relocation of sewer and water mains in State Route 41; and,
authorize the City to accept right-of-way from Caltrans on El
Camino Real; and, authorize the City Manager to enter into a
Cooperative Agreement with Caltrans to pay $400,000.00 as
part of the City’s contribution to the project.
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Motion passed 3:0 by a roll-call vote. (Item #C-1.2 Contract No.
2006-035, Item #C-1.3 Contract No. 2006-036, Item #C-1.5
Contract No. 2006-037)
2. Resolution Designating Employees for Ethics Training
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution, designating officials
and employees for Ethics Training pursuant to AB 1234. [City Attorney]
City Attorney Patrick Enright gave the staff report.
PUBLIC COMMENT
David Broadwater stated that there was not enough information in the staff report and
attachment to allow him to comment properly. He recommended that the city make this
training an annual requirement with the opportunity to take it at home, on line, or in
person, and that the city seek an entity that does not have a financial relationship with it
to conduct the training.
Eric Greening explained that he thinks the in-person approach to the training is best,
and commented that there are training classes going forward in other areas of the
county if there is a question regarding the propriety of the entity doing the training.
Mayor Pro Tem Pacas closed the Public Comment period.
City Attorney Patrick Enright and City Clerk Marcia McClure Torgerson addressed
issues raised during the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt Draft Resolution, designating officials and
employees for Ethics Training pursuant to AB 1234.
Motion passed 3:0 by a roll-call vote. (Resolution No. 2006-097)
D. COMMITTEE & LIAISON REPORTS: None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
City Attorney Patrick Enright announced that he will provide a memo next week
regarding campaign finances.
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City Manager
a. Commission Attendance Reports
City Manager Wade McKinney provided Council with quarterly reports regarding
commissioner attendance at their meetings.
F. ADJOURNMENT:
Mayor Pro Tem Pacas adjourned the meeting at 11:03 p.m. to the next regularly
scheduled meeting of the City Council on November 14, 2006.
MINUTES PREPARED BY:
_________________________
Grace Pucci, Deputy City Clerk