HomeMy WebLinkAboutMinutes 121206 AmendedApproved as Amended January 23, 2007
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesda y, December 12, 2006, 7:00 P.M.
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.
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, Public Works
Director Steve Kahn, Community Development Director Warren
Frace, Community Services Director Brady Cherry, Fire Chief Kurt
Stone, Police Chief John Couch, Deputy Community Development
Director Steve McHarris, and City Attorney Patrick Enright.
COMMUNITY FORUM:
Mike Casey, Ministerial Association, led those present in prayer.
Eric Greening thanked Mayor Pro Tem Pacas for her service, and spoke about Council
committee assignments. Mr. Greening commented on the presentation made by the
Cal Poly students to the Planning Commission regarding designs for the downtown.
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David Broadwater referred to the California Public Records Act and its requirements,
read statements from the Attorney General’s booklet, and spoke about his recent
attempts to procure records from City Hall.
City Attorney Patrick Enright stated he would look into Mr. Broadwater’s comments.
Tom Colemeyer, spokesperson for Oppose Wal Mart, stated that land use and
development played a large role in the recent election, and spoke about the negative
aspects of Wal Mart.
Charley Whitney, SLO County Transfer of Development Credits Blue Ribbon
Committee, invited the City of Atascadero to participate on the committee.
Joni Biaggini, Executive Director SLO County Visitors and Conference Bureau,
recognized the efforts of the Council and particularly Mayor O’Malley in championing the
tourism industry especially 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.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – November 14, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of November 14, 2006. [City Clerk]
2. Reciting the Fact of the Special Municipal Election – November 7, 2006
City Clerk recommendation: Council adopt Draft Resolution, reciting the fact
of the Special Municipal Election held on November 7, 2006, declaring the
result and such other matters as provided by law. [City Clerk]
3. Reciting the Fact of the General Municipal Election – November 7, 2006
City Clerk recommendation: Council adopt Draft Resolution, reciting the fact
of the General Municipal Election held on November 7, 2006, declaring the
result and such other matters as provided by law. [City Clerk]
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4. October 2006 Accounts Payable and Payroll
Fiscal Impact: $3,108,324.02.
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for October 2006. [Administrative Services]
Mayor O’Malley noted that Item #A-2 had an error in the original printing, which has
since been corrected.
City Clerk Torgerson reviewed the changes to Item #A-2, the Resolution for the special
election to fill the vacancy left by the resignation of Council Member Scalise. Under
Section 4, bottom of 1st page, it should read: “Mike Brennler was elected as a member
of the City Council for the remaining two years of a four year term.”
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-1, 2, 3 and 4.
Motion passed 4:0 by a roll-call vote. (Item #A-2 Resolution
No. 2006-098, Item #A-3 Resolution No. 2006-099)
OATHS OF OFFICE:
1. Administration of Oaths of Office – Newly-elected Council Members
Ellen Béraud, Mike Brennler, and Tom O’Malley, City Clerk Marcia
McClure Torgerson, and City Treasurer Joseph Modica will be sworn in
by Deputy City Clerk, Grace Pucci.
Deputy City Clerk Grace Pucci administered the Oaths of Office to Newly-elected
Council Members Ellen Béraud, Mike Brennler, and Tom O’Malley, City Clerk Marcia
McClure Torgerson, and City Treasurer Joseph Modica.
Council Members Béraud and Brennler joined the meeting.
CITY COUNCIL REORGANIZ ATION:
1. Council Appointment of Mayor – The City Clerk will accept nominations
from the Council Members.
MOTION: By Mayor O’Malley and seconded by Council Member Clay to
nominate Council Member Luna to the position of Mayor.
Motion passed 5:0 by a roll-call vote.
2. Council Appointment of Mayor Pro Tem – The new Mayor will accept
nominations from the Council Members.
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MOTION: By Council Member O’Malley and seconded by Council Member
Clay to nominate Council Member Béraud to the position of Mayor
Pro Tem.
Council Member Béraud declined the nomination.
MOTION: By Council Member Béraud and seconded by Council Member
O’Malley to nominate Council Member Brennler to the position
of Mayor Pro Tem.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Presentation to Outgoing Council Member Becky Pacas
Mayor Luna thanked outgoing Council Member Pacas for her service to the community
and presented her with an award of recognition.
Council Member O’Malley spoke about how he and Council Member Pacas had worked
to build consensus on the Council and reviewed some of their accomplishments.
Council Member Clay spoke about Council Member Pacas’ growth on the Council and
her complete independence, and hopes she will continue to be active in the community
as far as city business is concerned.
Council Member Béraud commented that Council Member Pacas has been an
inspiration to her and she appreciates the energy she has given to the community.
Mayor Pro Tem Brennler thanked Council Member Pacas for her service to the
Community.
Outgoing Council Member Pacas spoke about serving with the Council and recognized
Council Members O’Malley and Clay for their love of the community and the way they
treat the public. She complimented the staff and thanked Council for their team work.
Council Member Béraud thanked those who voted for her, and
spoke about the importance of working together and of her priorities for her coming
term.
Mayor Pro Tem Brennler thanked his family and friends for their support and
encouragement and spoke about his agenda for his term in office.
Council Member O’Malley thanked his wife for her support and thanked the voters for
the opportunity to serve his community.
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Council Member Clay wished the new Council his best and expressed his concern that
all members of the community will be considered in all decisions.
Mayor Luna spoke about the message of the last election, his objectives for the new
Council, and thanked the community for the opportunity to serve as their mayor.
Mayor Luna recessed the hearing at 7:45 p.m.
Mayor Luna called the meeting back to order at 8:03 p.m.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Members made the following Commission Appointments:
Council Member Béraud
Planning Commission: Dan O’Grady
Parks and Recreation Commission: Sorrel Marks
Council Member Brennler
Planning Commission: Douglas Marks
Parks and Recreation Commission: Jay Sechrist
Council Member O’Malley
No changes in his appointments
Mayor Luna asked Council Members to individually give direction to staff on consensus
items they would like staff to tackle in the coming months. Each item was discussed by
Council and the following are the items on which consensus was reached:
There was Council consensus for staff to come back with a Turlock-style
ordinance that can withstand legal attack and with the various parameters
necessary, i.e. CEQA analysis, etc. (Mayor Luna)
There was Council Consensus to start the ball rolling on a visioning process on
what the community would like to do in cooperation with the property owners at
the Del Rio interchange. (Mayor Luna)
There was Council Consensus for staff to look into the idea of televising and/or
web casting Council meetings for further discussion at strategic planning.
(Council Member Béraud)
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PUBLIC COMMENT
David Broadwater read from the current cable franchise agreement which states “The
Cable Company agrees to modify the language of the existing franchise agreement to
provide for Public Educational Governmental (PEG) television broadcasting access
capability should Council determine the need within the franchise period.”
Mayor Luna requested staff look into the current franchise agreement and make that
part of the report at strategic planning.
Mayor Luna closed the Public Comment period.
There was Council agreement to discuss at a future meeting a public workshop or task
force to look at Atascadero’s policies regarding the Public Records Act and Brown Act,
and for Council do decide to either revise what exists or adopt sunshine ordinances.
(Council Member Béraud)
Council Member Béraud reported on the presentation to the Planning Commission by
Cal Poly students on the downtown and asked staff to provide a copy of the
presentation to Main Street, Council and Planning Commission.
Mayor Pro Tem Brennler stated his full agreement on the issue of advancing a sunshine
ordinance.
Council Member O’Malley stated he would like to see the Council continue working on
the Colony Square project, Lewis Avenue Bridge and Youth Center, and stated his
intention to personally work on health care issues, tourism and historic preservation.
There was Council consensus to direct staff to prepare an outline of all that is
going on in tourism and what staff efforts are and to present that as a future
management report. (Council Member O’Malley)
There was Council consensus to support staff researching the Mills Act for
possible implementation to assist property owners with historic preservation.
(Council Member O’Malley)
PUBLIC COMMENT
Geraldine Brasher, Atascadero Historical Society, stated Society members would be
willing to help in any way with preservation issues.
Mayor Luna closed the Public Comment period.
There was Council consensus to bring back a review of work force housing,
equity sharing, loan program etc. to help city employees who wish to live in
Atascadero. (Council Member Clay)
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PUBLIC COMMENT
Eric Greening suggested staff could look into not building the cost of parking into
affordable housing but rather make it a cost of auto ownership.
Mayor Luna closed the Public Comment period.
There was Council consensus for staff to prepare a strategy and discussion piece
for Strategic Planning on how to brainstorm and include public input on the issue
of expanding commercial development in the community. (Council Member Clay)
A. CONSENT CALENDAR (Continued):
5. City Council 2007 Meeting Schedule
Fiscal Impact: None.
Recommendation: Council approve City Council meeting schedule for
2007. [City Manager]
6. Final Map 2005-0121 (Tract 2522) 7955 Curbaril Avenue (TTM 2004-0050)
(Gearhart)
Fiscal Impact: None.
Recommendations: Council:
1. Adopt and approve Final Map 2005-0121 (Tract 2522); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Utility Easement on behalf of the public. [Public W orks]
7. Final Map 2006-0140 (Parcel Map AT 05-0142) 5155 Escarpa Ave. (TPM
2005-0072) (Miles)
Fiscal Impact: None.
Recommendation: Council accept Final Parcel Map 2006-0140 (Parcel
Mat AT 05-0142). [Public Works]
Items pulled: Eric Greening Item #A-5.
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to approve Items #A-6 and 7.
Motion passed 5:0 by a roll-call.
Item #A-5
Eric Greening suggested amending the calendar to include the Strategic Planning dates
as well as any future dates for a joint walking meeting of the downtown with the
Commissions and the date for the Del Rio interchange meeting.
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Richard Mullen stated it would be would be a public service to get a schedule of all
meetings to the newspaper so they could publish a years calendar of meetings and
special meetings for the public.
Ann Fletcher spoke about the city’s website and commented that it still lists Council
meetings at the old City Hall location.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O’Malley and seconded by Council
Member Béraud to approve the amended 2007 City Council
meeting schedule with the inclusion of the dates for the
Strategic Planning Session.
Motion passed 5:0 by a roll-call vote.
B. MANAGEMENT REPORTS:
1. Amendment to Atascadero Municipal Code on Relationship of Council
and Commissioners to Staff; Revision to Council Norms and Adoption
of Commissioner Norms
Fiscal Impact: None.
Recommendations: Council:
1. Introduce for first reading, by title only, Draft Ordinance which amends
the Atascadero Municipal Code relating to the Council’s relationship
with Staff, and the Commissions’ relationship with Staff; and,
2. Adopt Draft Resolution, amending the Council Norms and adopting
Norms for the Planning Commissioners and Parks and Recreation
Commissioners; and,
3. Review and give staff direction on Draft Ethics Policy. [City Attorney]
City Attorney Patrick Enright gave the staff report regarding the relationship of Council
and Commissions to staff and answered questions of Council.
PUBLIC COMMENT
Dan O’Grady inquired whether Council was planning on obtaining the opinions of the
Commissioners before implementing the Ordinance. Mayor Luna explained why they
were not.
Roberta Fonzi commented that she was in favor of ethics regulations, but that
Commissioners must be allowed to approach staff for information in relation to items
that are coming before the Commissions for consideration.
Mayor Luna closed the Public Comment period.
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MOTION: By Council Member O’Malley and seconded by Council
Member Clay to Introduce for first reading, by title only, Draft
Ordinance which amends the Atascadero Municipal Code
relating to the Council’s relationship with Staff, and the
Commissions’ relationship with Staff with the amendments as
recommended by the City Attorney.
Motion passed 5:0 by a roll-call vote.
City Attorney Patrick Enright gave the staff report on Council and Commission Norms.
Council Member Clay suggested adding verbiage in the Norms to the effect that if a
member of the City Council, Planning Commission or Parks and Recreation
Commission has concerns or complaints of staff it would be a courtesy to go to the City
Manager first before going to the media.
There was Council agreement to add a Condition No. 24 under Council Norms and No.
19 under Commission Norms to read as follows: “Council Members and Commissioners
shall notify the City Manager first of any complaints or concerns regarding a city
employee.”
There was Council agreement to amend the language of Council Norm No. 8 changing
“hot issue” to “controversial issue.”
Council Member Béraud suggested including a more complete description of agenda
items on the Agenda itself.
There was Council agreement to amend No. 5 to read: Commissioners shall notify the
Council Member who appoints them Community Development Director or Community
Services Director when they are going to be absent from a Commission meeting.
PUBLIC COMMENT
Ann Fletcher commented that some of the wording is a little rough and agreed that “hot
issue” should be changed to “controversial” and under Norm No. 26 the term “blindside”
is inappropriate, and suggested “advance notification.”
Dan O’Grady thanked Council Member O’Malley for opening up Commissioner Norms
for input from the Commissions.
Mayor Luna closed the Public Comment period.
There was Council consensus to send the norms back to staff for corrections,
then send on to relevant Commissions for review, then brought back to Council
on the Consent Calendar.
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City Attorney Patrick Enright gave the staff report on the draft Ethics Policy and
answered questions of Council.
Council suggestions included:
1. Checking with other towns on their ethics policies as well as the League of California
cities.
2. Organizing a community workshop or a committee with members of the public
involved.
3. Use of an extensive public process involving an education component.
4. Putting together a brief training or orientation with the City Attorney’s view of some of
the questions raised by the public, with an opportunity for public input.
PUBLIC COMMENT
David Broadwater referred to a letter he had emailed to Council Members (Exhibit A),
and spoke about the content of the code itself and the process followed to create it, and
made suggestions on how to proceed with both aspects. He stated the importance of
involving the public from the beginning.
Pamela Marshall Heatherington stated many ethic policy models should be brought to
the public with a series of workshops and with the inclusion of Cal Poly.
Mayor Luna closed the Public Comment period.
Council directed staff to follow the recommendations in Mr. Broadwater’s handout (page
one, items #1 through 4, and page three items #1 through 3) and then bring a staff
report back to the Council to determine where to go from there.
2. Amendment to Municipal Code to Reduce the Number of
Commissioners; Amend Appointment Process; Revision of Resolution
for the Selection of Committee, Commission and Board Members
Fiscal Impact: None.
Recommendations: Council:
1. Introduce for first reading, by title only, Draft Ordinance, amending
Chapter 9 and 13 of Title 2 of the Atascadero Municipal Code relating
to the appointment of Planning Commission members and Parks and
Recreation Commission members; and,
2. City Council adopt Draft Resolution, revising the procedures for the
selection of committee, commission and board members. [City
Attorney]
City Attorney Patrick Enright gave the staff report.
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Council Remarks
Council Member O’Malley:
1. There is some benefit to having broader public representation and more members of
the community participating in the process. He is supportive of continuing the
Commissions at seven members rather than five.
2. Suggested that the Parks and Recreation Commission Student Representatives
have the ability to vote.
3. Removal of a Commissioner should be by a Council super majority, not at the
pleasure of the appointing Council Member.
Council Member Clay:
1. Supports maintaining the Commissions at seven members each, this number would
more easily allow for a quorum if there are absences.
2. Is not in favor of Commissioners serving at the pleasure of their appointing Council
Member, this practice might force a Commissioner to vote as a Council Member
would like.
3. Suggested a one year appointment for Commissioners, then if there is a problem
with a Commissioner he or she would not be reappointed.
Mayor Pro Tem Brennler:
1. Was troubled with the reduction in Commissioners given the past good service of
the at-large Commissioners.
2. Was concerned that a reduction would mean losing additional perspectives from
the community.
3. If the pool is reduced citizens lose the opportunity to educate themselves for
other public service.
4. He is partial to removal of a Commissioner by a super majority.
Mayor Luna:
1. Both Commissions are advisory bodies to the City Council therefore a reduction
would have nothing to do with checks and balances.
2. Serving at the pleasure of the appointing authority is important for accountability
purposes.
3. Maintaining seven Commissioners limits the voice of individual Council Members
4. Five members provides more easily for a quorum.
5. He does not have a problem if removal of a Commissioner is at the pleasure of
the Council or even a super majority of the council.
Council Member Béraud:
Chose to hold her comments until hearing from the public.
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PUBLIC COMMENT
Roberta Fonzi, Planning Commissioner, expressed concern with the policy in general,
and spoke of the importance of citizen involvement in city government. She stated the
two at-large commissioners offer a unique and diverse point of view, and that it is
important for the Council to hear points of view that may be divergent from their own.
Barbie Butz, Parks and Recreation Commissioner, spoke in favor of giving the Student
Representatives the ability to vote. She stated the importance of having more input
from the community and commented that the Commissions offer a training area for
future leaders. She was supportive of leaving the Commissions at seven members
each.
Eric Greening indicated he liked having the majority of appointments being individual;
however he agrees that part of an open, community-friendly process is having
applications from people that are not known to the Council. He did not support
changing the number of Commissioners.
Steve LaSalle spoke in favor of a Commissioner being accountable to their appointing
Council Member and supported the reduction to 5 members.
Ann Hatch urged Council to refrain from reducing the Commissions from seven to five
as this risks being perceived as limiting public input into the process.
Geraldine Brasier suggested that regardless of the number of Commissioners, it is
important to keep the two youth members on the Parks and Recreation Commission.
Bob W ilkins explained that he served on the original Council that determined the size of
the Commissions and suggested that that number not be changed. He stated the city
must keep people involved in serving the community.
Sorrel Marks suggested that if the Council decides to maintain seven members, it would
be a good idea to have a unanimous rather than majority vote for the two at-large
members, which insures that those members are broadly represented.
Marge Mackay stated she served on the first City Council and was against changing the
Commissions to five members, which she thinks is undemocratic.
David Broadwater stated he becomes suspicious when a solution is proposed to a
problem that is not accurately identified, and questioned whether this change was to
consolidate control of the Commissions by the new Council majority.
Al Fonzi indicated that this is about checks and balances and accountability and the city
would loose nothing if the Commissions were left at seven. He fears this would
eliminate Commission members who are not politically inclined.
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Mayor Luna closed the Public Comment period.
Mayor Luna withdrew his support for the proposal.
MOTION: By Council Member Béraud and seconded by Council Member
O’Malley that when voting for the at-large Commissioners it be
a unanimous vote.
Motion failed 2:3 by a roll-call vote. (Clay, Brennler, Luna
opposed)
C. COMMITTEE REPORTS:
Council Member O’Malley
1. S.L.O. Council of Govts.(SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): a) Recently got approval for the 41/101 overpass, cost increases
in the future will not be the responsibility of the city, b) The city has received
an additional $25,000 to go to the design of the footbridge, c) W ill be making
decisions on how the funds from Propositions 1A and 1B will be spent. Their
top priority is the expansion of Highway 46 to four lanes from Paso Robles to
Interstate 5, d) W ill be applying for money from the gas tax windfall, and
recommended that Council direct staff to move forward quickly in applying for
these funds in a manner that would make the city more competitive for the
Prop 1A and 1B funds.
Public W orks Director Steve Kahn reported on possible projects for the funds.
PUBLIC COMMENT
Eric Greening explained the difference between the two windfalls: one is the gas
tax, an ongoing and variable source of funding that can be used for transit
operations, and the second is a capital funding component of Proposition 1B.
Mayor Luna closed the Public Comment period.
Council Member O’Malley (cont.)
SLOCOG: e) Spoke about the possibility of getting funding from SLOCOG to
pave the area around the Lake Park Zoo, which could also be used for a Park
and Ride lot.
2. Mayors Round Table: The maker of Proposition 90 is coming back with a
rewrite to exclude utilities. Assemblyman Blakeslee is working on packages
going before the assembly and Atascadero should get their requests in now.
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
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3. Economic Vitality Corp: Doing studies on tourism.
4. League of California Cities: Going to conference in January.
Mayor Luna
1. Finance Committee: a) Met today and went through the CDBG
recommendations, which will be forwarded to the County, b) Received an
economic development update, c) The Buxton Report on business
solicitations will go to each Council Member, d) W atched a PowerPoint on
the financial condition of the City, which the Council will see in January.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
There was Council consensus to have the City Clerk advertise for the at-large
position on the Planning Commission, with interviews taking place by the second
meeting of January.
Council Member Clay spoke about Council Member O’Malley’s term as Mayor
and described him as a dynamic Mayor whose service on many committees was
very much appreciated.
City Manager
City Manager Wade McKinney distributed the capital projects listings and a
mockup up of the sign for the Lewis Avenue Bridge.
E. ADJOURNMENT:
Mayor Luna adjourned the meeting at 11:06 to the Redevelopment Agency meeting.
The next regularly scheduled meeting of the City Council will be held on January 9,
2007.
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, email