HomeMy WebLinkAboutMinutes 062408 Approved September 23, 2008
CITY OF ATASCADERO
? 197e
CITY COUNCIL
MINUTES
Tuesday, June 24, 2008
Closed Session 5 00 p m
Regular Session 6 00 p m
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
CLOSED SESSION 5 00 PM
Mayor Brennler called meeting to order at 5 02 pm
1 PUBLIC COMMENT— CLOSED SESSION
Council Member O'Malley expressed concern that more information on the
Closed Session items was not disclosed to the public City Attorney Pierik
explained that items were not disclosed, as they pertained to consideration of
potential litigation
Mayor Brennler closed Public Comment.
r..
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2. CALL TO ORDER
a. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED
LITIGATION
Initiation of litigation pursuant to Government Code Section 54956 9(c)
(Number of cases 5)
3. ADJOURN
CLOSED SESSION REPORT
City Attorney Pierik reported that there was no reportable action
REGULAR SESSION 6 00 PM
Mayor Brennler called the meeting to order at 6 00 p m and Council Member Luna led
the Pledge of Allegiance Mayor Brennler asked for a moment of silence in honor of
former Council Member Roland Dexter's recent passing
ROLL CALL.
Present: Council Members Clay, Luna, O'Malley, Beraud and Mayor
Brennler
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Victoria Randall
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Fire Chief Kurt Stone, Police Chief Jim Mulhall, Public Works
Director Steve Kahn, Community Development Director Warren
Frace, Director Administrative Services Rachelle Rickard,
Community Services Director Brady Cherry, and City Attorney Brian
Pierik.
APPROVAL OF AGENDA.
Council Member Clay asked that the two items on page 6 dealing with placement of
Wal-Mart and Mayoral issues on the November ballot be moved up to follow the Shield
Initiative discussion so that it is considered tonight given time constraints City Manager
�. McKinney requested that Item A-10 be dropped from the agenda (Woodbridge Las
Lomas tract)
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City Clerk Torgerson confirmed that in order for these items to be placed on the
„■„ November ballot, they would need to be considered at the July 8th Council meeting
agenda.
Council Member Luna stated he does not support the request due to the other agenda
items needing to be addressed Mayor Brennler concurred Council Member Clay
requested Council consensus to forego adjournment until the two items were discussed
Council consensus was not reached
MOTION By Council Member Clay and seconded by Council Member
O'Malley to move Council Member Clay's two items dealing
with the Wal-Mart and Mayor election ballot measure
proposals placement on the July 8th Council agenda to
immediately follow the Shield Initiative agenda item
Motion failed 2 3 by a roll-call vote. (Luna, Beraud and
Brennler opposed)
MOTION By Council Member Luna and seconded by Mayor Pro Tem
Beraud to approve amended agenda, removing Item #A-10
Motion passed 3.2 by a roll-call vote (Clay and O'Malley
opposed).
PRESENTATION
1 Recognition of Paige Buck-Moyer, Former Parks & Recreation
Commission Youth Representative
Mayor Brennler thanked Paige Buck-Moyer for her services as youth representative on
the Parks and Recreation Commission and presented her with a commemorative
plaque
A. CONSENT CALENDAR
1 City Council Public Trust Workshop Draft Minutes - April 2 & 3, 2008
■ Recommendation. Council approve the City Council Public Trust Workshop
Minutes of April 2 & 3, 2008 [City Clerk]
2. City Council Draft Minutes - April 8, 2008
■ Recommendation. Council approve the City Council Minutes of April 8,
2008 [City Clerk]
3 General Municipal Election November 4, 2008
■ Description. The City Council must adopt resolutions to initiate the election
process, and to combine our election with the County
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■ Fiscal Impact: The cost to the City is determined by the number of
registered voters on Election Day, and the number of Candidate Statements
included in the Voter Pamphlet The City Clerk's estimate is $20,000 00
■ Recommendations Council
1 Adopt Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 4, 2008,
and,
2 Adopt Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election
to be held on November 4, 2008 [City Clerk]
4 February 2008 Investment Report
■ Fiscal Impact: None
■ Recommendation. Council approve the City Treasurer's report for February
2008 [Treasurer]
5 Catering Agreement Approval for the Pavilion on the Lake
■ Fiscal Impact: The City of Atascadero will receive $150 per month rental fee
of the cafe, plus 20% of gross receipts for all on-site cafe & catering sales,
and 10% of gross receipts for all off-site catering sales
■ Recommendation. Council approve a five-year contract for catering and
food services for the Pavilion on the Lake with Pacific Harvest Catering,
effective June 30, 2008 through June 30, 2013 [Community Services]
6. Final Map 2008-0156 (Parcel Map AT 07-0080), 6305 Morro Road (LLA
2007-0080), Giessinger
■ Fiscal Impact: None
■ Recommendations. Council
1 Adopt and approve Final Parcel Map 2008-0156 (Parcel Map ATAL 07
0080), and,
2 Abandon a portion of the Marchant Avenue Right-of-Way, according to
Streets and Highway Code Section 66499 20 1/2 and as approved by
the City Council on October 9, 2007, with the Filing of this map, and,
3 Authorize and direct the City Clerk to endorse the City Council's
approval on the map [Public Works]
7 Paloma Creek Park Sports Field Lighting Project — Materials Only
Package Award — City Bid No. 2008-003
■ Fiscal Impact: $149,300 00 in Vehicle and Equipment funds
■ Recommendation Council authorize the City Manager to execute a contract
with Musco Lighting West, Inc in the amount of $149,300 for the purchase
of materials for the replacement of the Softball Field Lighting at Paloma
Creek Park. [Public Works]
MW
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8. Community Development Block Grant Program Fiscal Years 2009
through 2011
■ Fiscal Impact: Continued availability of approximately $190,000 annually
during the next 3 years for CDBG eligible programs
■ Recommendation Council authorize continued participation in the Urban
County Community Development Block Grant Program for Fiscal Years
2009 through 2011 [Public Works]
9 2006/2007 Rehabilitation Project Award (Del Rio/San Jacinto Road) City
Bid No. 2008-006
■ Fiscal Impact: $708,714 39 allocated from Local Transportation Funds and
Proposition 1 B Funds
■ Recommendations. Council
1 Authorize the City Manager to execute a contract with Union Asphalt,
Inc in the amount of $708,714 39 for construction of the 2006-2007
Road Rehabilitation Project; and
2 Authorize the Public Works Director to intermittently close portions of Del
Rio and San Jacinto Road during the construction period [Public Works]
10 Woodridge/Las LomasTract 2525, Phases I and II Acceptance of the
Offers of Dedication for Public Open Space No. 1, No. 2 and No. 4.
Certify Completion of and Begin Warranty Period for Landscape and
Reduce Bond Amounts for Public Improvements
■ Fiscal Impact: The City's costs for the 2007-2008 (current year) are
estimated to be $6,678 00
■ Recommendations Council
1 Adopt Draft Resolution A accepting the Public Improvements within the
areas proposed for Dedication of Public Open Space on Tract 2525,
Phase I and reject the improvements in the areas of dedication for
maintenance, and,
2 Adopt Draft Resolution B accepting the Offer of Dedications for Public
Open Space No 1, No 2 and No 4, in Fee Simple, on Tract 2525,
Phase I, and,
3 Authorize the Public Works Director to reduce Tract 2525, Phases I and
II Public Improvement Bonds to reflect work completed and to accept
Landscape Improvements as complete and subject to a one-year
warranty period, and,
4 Authorize the Public Works Director to accept the Paloma Creek
Pedestrian Bridge as complete and subject to a one-year warranty
period [Public Works]
11 Ordinance to Amend City's Smoking Ordinance to Include Prohibition of
Smoking at Atascadero State Hospital
■ Fiscal Impact: None
■ Recommendation Council adopt on second reading by title only, the Draft
Ordinance adding Section 8 to Title 6, Chapter 6 of the Atascadero
gin.,, Municipal Code providing for the prohibition of smoking at the Atascadero
State Hospital [Police and City Attorney]
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Items pulled Mike Jackson, Item #A-1
,gym Brady Cherry, Item #A-5
MOTION By Council Member O'Malley and seconded by Council
Member Clay to approve consent items 2, 3, 4, 6, 7, 8, 9, 11
Motion passed 5.0 by a roll-call vote. (Item A-3.1 Resolution
No. 2008-049; Item A-3.2- Resolution No. 2008-050, Item A-7
Contract No. 2008-018, Item No. A-9.1 Contract No. 2008-019,
Item A-11 Ordinance No. 531)
Item #A-1
Mike Jackson stated he had comments about the draft minutes Discussion ensued
among Council Members on appropriate time to make comments on this item
Eric Greening asked if any other physical record existed for the meeting reflected in
Item #A-1
Mike Jackson commented on the agreement reflected in the April 2-3 draft minutes
regarding Mayor Brennler's concerns Mayor Brender stated that issues have been
resolved
City Clerk Marcia Torgerson confirmed that the minutes represent the physical record of
the meeting and that it was not recorded
MOTION By Council Member Luna and seconded by Mayor Pro Tem
Beraud to approve consent item A-1
Motion passed 5.0 by a roll-call vote.
Item #A-5
Brady explained that the percentage in the staff report fiscal impact and page 2 of the
attached agreement were incorrect; correction should read 16% of gross receipts rather
than 20% for on-site sales
PUBLIC COMMENT
Betty Hoak expressed concern with the order of agenda items
MOTION By Council Member Luna and seconded by Mayor Pro Tem
Beraud to approve consent item A-5 as amended.
Motion passed 5.0 by a roll-call vote. (Item A-5 Contract No.
2008-017)
COMMUNITY FORUM
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Pastor Steve Shively, representing the Ministerial Association, commented on the June
am 22nd All-City Prayer event in Sunken Gardens and led those in attendance in prayer
Chuck Ward announced that Home Depot has pledged a $25,000 donation to the
Atascadero Veterans Memorial Foundation He introduced Tom Burgett, new manager
of the Atascadero store, who facilitated the contribution
Mitch Paskin of 12040 San Marcos Road, advocated cutting a new road from Oak
Ridge Estates to Hwy 41 to address his concerns with road safety and maintenance in
his neighborhood
Eileen O'Grady challenged community members to focus on facts and sound reasoning
to support their arguments and not engage in name calling or labeling
Gordon Chapman expressed concerns with fire protection, road maintenance and
sewage disposal He advocated bringing commerce into the City to generate additional
revenue to address infrastructure
Lee Perkins commented on the positive environment of the Lake Park and the
downtown areas, but expressed concern about condition of the former City Hall building
She also asked the status of the stop sign at Curbaril
Leon Korba commented on a survey he received regarding Wal-Mart He felt the
question relating to the subject of transportation being totally tied up if Wal-Mart was
part of the City was an unfair question
George Billings asked that the City restore the lake, as it is good for tourism He stated
the City needs Wal-Mart because it needs revenue
Keith Mathias encouraged the Council to do what is best for the City rather than operate
on public consensus only He expressed concern with the Council's denial of the
Rottman Group's affordable housing project last year
Tish Keely commented on resident concerns with the affordable housing project
discussed by Mr Mathias She asked that Council keep regional concerns in mind
when considering growth for the City
Joanne Main invited the public to Tuesdays in the Park BBQs to support the non-profit
groups that are hosting the events
Steve Martin announced that Main Street will hold its annual fundraiser, "Wild West
Mayhem," on July 12th at the Taft Barn He added that downtown merchants have
extended their business hours until 7 00 p m on Wednesdays to accommodate the
working schedules of residents Each open store will post a blue balloon
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Jeffrey Brandonetti, asked about the values of the Council unrelated to money when
considering projects He also asked about City Hall bike racks and reported on racist
graffiti near the high school
Mayor Brennler closed Community Forum.
City Manager McKinney addressed questions asked during Community Forum
• Concerns about road safety and maintenance
• Discussed safety factors impacting upkeep at the historic City Hall Mr
McKinney also stated the City is working on the Curbaril stop sign, but is awaiting
appropriate approvals and design
• Discussed progress made in lake quality restoration, including water exchange
and the recently installed floating island
• Confirmed the bike rack locations at City Hall He stated the graffiti report will be
investigated
Council Member O'Malley stated, for the record, that he wanted to make a decision on
the hearing tonight.
B PUBLIC HEARINGS
1 Initiative Petition to Amend the General Plan and Zoning Code
■ Fiscal Impact: The cost to the City is determined by the number of
WAW registered voters on Election Day, and the number of pages used in the
Voter Pamphlet for the Ballot Measure text, impartial analysis and
arguments The City Clerk's estimate is $2,000 00
■ Recommendations. Council
1 Receive the Certificate of Sufficiency from the City Clerk, certifying the
Initiative Petition to Amend the General Plan and Zoning Code to
Prohibit Commercial Establishments in Excess of 150,000 Square
Feet of Gross Floor Area or Retail Discount Stores in Excess of
90,000 Square Feet with at Least 5% of Gross Floor Area Dedicated
To Items Such As Groceries that was filed with the City Clerk on May
8, 2008,
AND
2 Take one of the following actions
a. Adopt the proposed Ordinance, without alteration, amending
the General Plan and Zoning Code to Prohibit Commercial
Establishments in Excess of 150,000 Square Feet of Gross
Floor Area or Retail Discount Stores in Excess of 90,000
Square Feet with at Least 5% of Gross Floor Area Dedicated
to Items Such as Groceries
OR
b Call for an election
.�. i Submit the Ordinance, without alteration, to the voters
by adopting the Draft Resolution A, ordering the
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submission, to the qualified electors of the City, of a
certain measure relating to amending the General
sm Plan and Zoning Code, at the General Municipal
Election to be held on Tuesday, November 4, 2008,
as called by Resolution No , and,
ii Adopt Draft Resolution B, setting priorities for filing
written arguments regarding a City measure and
directing the City Attorney to prepare an impartial
analysis
OR
c Order a report on the impact the adoption of this ordinance
would have on the City (Once the Council receives this
report, the Council shall either adopt the ordinance within
10 days or order an election) [City Clerk]
City Clerk Torgerson gave the staff report and answered questions of Council
City Attorney Pierik discussed the timing of a first and second reading and offered to
provide further direction if Council decides to adopt the ordinance
Ex Parte Communications
Council Member Clay stated he received approximately 250 emails on the subject, of
which about 200 were positive toward putting initiative on the ballot He received about
30 phone calls, all of which supported putting the initiative on the ballot; he noticed most
of the calls to City Hall were in support of the initiative He stated it was approximately
10 1 in favor of putting the item on the ballot.
Council Member O'Malley did not recall talking with an official representative of Wal-
Mart, Rottman Group or the Shield Initiative about the initiative, his conversations were
more about the project. He saw reports of approximately 70 phone calls coming into
City Hall, most of which were weighted more in support of the initiative Of his
approximately 300 emails, less than 50 were in support of the initiative Over 90% were
in support of letting the people vote
Mayor Brennler stated that he had received a large number of phone messages and
has had conversations with residents discussing the pros and cons He received
between 150-300 emails He was also contacted by Tom Comar who discussed his
opinions
Mayor Pro Tem Beraud apologized for the problems with her email which caused a
delayed response to the emails She discussed this issue with acquaintances and
made some inquiries into the community
Council Member Luna estimated he received the same emails and phone calls,
... including those transmitted from City Hall He read all of the emails and attempted to
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respond He agreed with Council Member Clay and Mayor Brennler's estimation of the
composition He also spoke to Tom Comar last week about various options
WM
Mayor Brennler called for a recess at 7 49
Mayor Brennler called the meeting back to order at 8:08.
Mayor Brennler invited the Initiative's spokesperson to make his 10-minute
presentation He stated that the applicant will also be able to speak for ten minutes and
the time will be split between Aaron Rios and Keith Mathias
Tom Comar, representing Oppose Wal-Mart, gave his presentation advocating for
adoption of the Shield Initiative and answered questions of Council
Aaron Rios, representing Wal-Mart, and Keith Mathias, representing The Rottman
Group, made their presentations advocating against adoption of the Shield Initiative
tonight and answered questions of Council
PUBLIC COMMENT
Sondra Flores asked Council to support Wal-Mart so residents would not have to spend
the money to travel to Paso Robles
Mike Anderson spoke in support of letting the initiative go to the ballot.
Ray Johnson stated he supports the electorate voting on this issue and added that if the
ordinance is adopted tonight, an effort to repeal it will be initiated
Jim Shannon expressed concerns about the process and spoke in support of the
initiative going to a vote rather than adopting it tonight
Bob Marks, spoke in support of the initiative going to the ballot to enable the maximum
amount of citizen participation
Tish Keely said the Council needs to address the issues of direction and of revenue, but
that Wal-Mart may not be the answer She supports passage of ordinance, but would
approve of it going to the ballot.
Tim McCutcheon spoke in support of the initiative being placed on the ballot He added
that petition signers were told their signatures would bring it to a vote
Maggie Moore stated she supported adoption of the ordinance tonight, but that since
she supports the citizens' right to vote, she urged the Council to send this to election
Franka Lanski expressed her concern with how individuals disrespect one another She
supports small business and buying American and felt the City should fight corporative
takeovers
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Jeff Grandinetti spoke against Wal-Mart due to working conditions imposed by Wal-Mart
in other countries
Tim O'Keefe urged Council to adopt the ordinance tonight to give workers a chance at a
fair salary and stated that the majority of organized labor opposes Wal-Mart due to
employment practices
Tom McGee, independent business owner, urged Council to add this issue to the ballot,
stating that the initiative will stifle businesses coming in
Roberta Fonzi spoke in favor of putting the initiative on the ballot, stating that adoption
tonight would remove some of the Council's options and expose the City to a possible
discrimination lawsuit.
Heather Moreno said the Shield Initiative restricts the City's options and she urged the
Council to put it on the ballot. She added that many people signed the petition under
the assumption this would put it on the ballot.
Gordon Chapman urged Council to put it on the ballot, adding that free enterprise and
competition should not be feared
Suzy Anderson spoke against adoption of the ordinance tonight, adding that a petition
circulator told her that a signature would help put this on the ballot. She confirmed that
a referendum is being drafted, should the ordinance be passed She also expressed
her concern with a telephone conversation with Mayor Brennler
Pearl Tarpley Gardiner spoke in support of the initiative going to the ballot, adding that
Paso Robles has passed up Atascadero due to a more welcoming climate for business
and industry
Joanne Main urged the Council to place the initiative on the ballot so that all voices may
be heard, adding that the EIR is needed before a decision should be reached
Donna Wallace, former planning commissioner, urged the Council to reject the
ordinance and put it to the voters She added that adoption would also open the City up
to a lawsuit.
Jay DeCou urged the Council to put the initiative to a vote and stated that a big-box
shield will reinforce Atascadero's unfriendly business image
Lynn Hunter asked the Council to adopt the Shield Initiative tonight. She said the
General Plan, which allowed a specific use for the property, should be the guide
Richard Moen stated he is against changing the rules once the process has started He
asked that if the initiative passes, it should apply to new applicants, not existing ones
Bob Wilkins, asked that the Council let the initiative go to ballot and set an example for
young people that a good government does not operate by demand of a vocal minority
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John Taylor, on behalf of the Atascadero Police Association, urged the Council not to
adopt the Shield Initiative but to let it go to vote of people He said the Atascadero
Police Association supports commercial development so our citizens can continue to
receive legendary public service
Frank Sommers said he was approached by petition circulators who said the signatures
would help to put the issue on the ballot.
Steve Tillman urged Council not to delegate their decision and that the Council has the
responsibility to lead
Jay Slane urged Council to adopt the ordinance tonight. He said the Council should
accept research from institutions such as the University of Iowa and US House of
Representatives and not only the UCSB
Kelly Goodman, business owner, supports Wal-Mart and said that small businesses can
survive if they change the way things are done She urged the Council to let the
Initiative go to a vote
George Raft stated the Shield Initiative will block free enterprise and urged the Council
to send this matter to the voters
Chuck Ward asked the Council to let the initiative go to the voters He stated that the
City needs a positive, welcoming environment to attract businesses and corporations
Catherine Baker spoke in opposition to Wal-Mart and asked the Council to adopt the
Shield Initiative She shared findings from her research on Wal-Mart.
Wesley Doss said the City needs an anchor to draw people to the area He asked the
Council to put this to a vote of the people and not to adopt the ordinance tonight.
Fred Frank commended Council for supporting the ADE economic study and
encouraged more efforts in economic development. He urged the Council to adopt the
ordinance and not allow an outside corporation to dominate its influence
Bev Aho said the City can become pro business and let Wal-Mart in to help bring
businesses into town, or it can raise property and sales taxes, or it can become a
Community Service District. She urged the Council to turn this situation around
Ann Hatch stated that adoption of the ordinance violates the public's right to vote, and
she urged the Council to place it on the ballot so the issue can be resolved
Lee Perkins addressed points made by previous speakers and urged the Council to
adopt the Shield Initiative tonight. She added that the Shield Initiative would not prohibit
a grocery store at the north end of town
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Don Idler spoke against adopting the Shield Initiative tonight and asked that they let the
people vote He added that the City needs more retail
am
Greg Barber stated he supports free enterprise and urged the community to support
Wal-Mart.
Mary Arnold asked the Council not to adopt this ordinance tonight, but to put it on the
ballot She said entrepreneurs know how to survive and succeed
John Holman voiced support for the Shield Initiative and said it protects markets that
anchor our current retail centers
Chris Thompson voiced his opposition to a super Wal-Mart and supports diversity in the
marketplace
Robert Skinner, petition circulator, said that circulators told the public the ordinance
could either go to the voters or be adopted by the Council He urged the Council to
approve the ordinance He read aloud an email from another Initiative supporter
Mayor Brennler called a recess at 10.27 pm
Mayor Brennler called meeting back to order at 10.36 pm
PUBLIC COMMENT (continued)
Beth Hetra, San Luis Obispo resident, discussed land usage issues for Atascadero She
cautioned the Council to proceed carefully and advised against pushing bigger
Michael Stornetta, Atascadero Professional Firefighters 3600, said expanding retail
development will enable the City to provide services, but that the Initiative stands in the
way of that goal
Ashley Stornetta said that 10% of population is not an accurate representation of the
community and that the people of Atascadero ought to be allowed to voice their opinion
Shannon Stanley, Paso Robles resident, commented on the state of businesses in
Atascadero and encouraged the Council to give the City a chance
Jolene Horn asked the Council to place the initiative on the ballot to allow voters to have
a voice She stated that a referendum will be submitted should the ordinance be
adopted
Kelly Long supported putting the Initiative to a ballot and opposed adoption tonight
tonight. She added that more retail is needed
Stan Sherwin advocated for strong leadership and increased business activity in this
town to keep us from withering away
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Steve Isaacson urged the Council to allow the Initiative to go to a vote and opposed
adoption or requiring an additional report on the subject He felt that adoption tonight
would permanently divide the community
Tino Santos said the petition circulators told him his signature would help to put the
issue on the ballot. He voiced support for putting the Initiative on the ballot.
Frank Henderson supported the Initiative going to the ballot, adding that the ballot would
provide a true survey of the public's preferences
MOTION By Council Member O'Malley and seconded by Council
Member Luna, to continue the meeting past 11 00 p.m
Motion passed 5.0 by a roll-call vote.
Ron Rothman said Wal-Mart did not respect the General Plan process when they
submitted their initial plans for a supercenter
Robert Winslow voiced concerns about petition circulators' tactics and the City's
economic situation He encouraged more development and growth in Atascadero and
urged the Council to let the people vote on the Initiative
Ron Olson, voiced support for Wal-Mart for its affordable prices, creation of jobs and
revenue, and competition He asked the Council to let the people vote on this issue
John Angel questioned Wal-Mart's record of paying its fair share in other communities
and stated he felt Wal-Mart's presence hurts other businesses
George Billings said businesses are not worried about Wal-Mart He urged the Council
to put let the people vote on this issue
Steve LaSalle, read a letter from Atascadero resident, Daphne Fahsing, in which she
voiced her opposition to Wal-Mart and added her support for adopting the ordinance
tonight. Mr LaSalle voiced his agreement.
Tess Comar spoke in favor of this issue going to a vote in November
Bill Shaffer voiced his support for adoption of the ordinance tonight. He said the Council
needs to preserve the long-term benefit of the community and he urged them to work
together in this process
Ray Buban stated that the people will make their preferences known in the upcoming
election
Mayor Brennier closed the Public Comment period
w.r
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Mayor Brennler asked if adoption would invite a successful lawsuit or constitute a
violation of the first amendment City Attorney Pierik stated that these issues would
require legal analysis
Council Member Clay advocated putting this on the ballot and letting people make the
decision
Mayor Pro Tem Beraud stated that Wal-Mart should not be viewed as the only solution
to our economic difficulties She felt it was important to proceed with the economic
development study and diversify our strategies She expressed concern that
Atascadero was the only sizeable city in the county that did not have a Big Box
ordinance and read statements of Mayor Tony Navarro Ferraro from Arroyo Grande
regarding supercenters She also shared input from her conversations with business
owners She stated her belief that the Council lead in the decision on this issue
Council Member Luna stated it is time to move forward, as the issue is divisive to the
community and mentioned that prior Councils have also struggled to increase retail
development. He voiced concern that the General Plan was not fully protecting the
City's rural nature Council Member Luna stated that the 30-month review process
involves economic studies researching impacts to other businesses, but that this
information will not be available before November's election However, he stated the
voters should have the opportunity to decide the issue
Council Member O'Malley discussed the enhanced shopping opportunities in years past
and discussed some of the advances in recent years, while setting money aside into
reserves He said he thinks part of the downturn in the last couple of years is due to
some of the decisions made He is concerned with the City's current and expected
deficit and advocated for letting the voters decide this issue
Mayor Brennler stated this is a very difficult decision In his talks with community
members, friends and family, he feels this is a difficult issue He stated he would
support the democratic process and will yield to the people's will He said he remains
committed to do whatever possible to improve downtown revitalization
Council Member Clay cited data for salary and benefit packages at Wal-Mart and
reflected on past retail development brought into the City He supported letting the
people vote on this issue
Mayor Brennler encouraged all to be civil toward each other as we move forward
MOTION By Council Member Luna and seconded by Council Member
O'Malley to receive the Certificate of Sufficiency from the City
Clerk, certifying the Initiative Petition to Amend the General
Plan and Zoning Code to Prohibit Commercial Establishments
in Excess of 150,000 Square Feet of Gross Floor Area or Retail
Discount Stores in Excess of 90,000 Square Feet with at Least
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5% of Gross Floor Area Dedicated To Items Such As Groceries
that was filed with the City Clerk on May 8, 2008.
Motion passed 5.0 by a roll-call vote.
MOTION By Council Member O'Malley and seconded by Council
Member Clay to call for an election
i Submit the Ordinance, without alteration, to the voters by
adopting the Draft Resolution A, ordering the submission,
to the qualified electors of the City, of a certain measure
relating to amending the General Plan and Zoning Code, at
the General Municipal Election to be held on Tuesday,
November 4, 2008, as called by Resolution No 2008-049,
and,
ii. Adopt Draft Resolution B, setting priorities for filing written
arguments regarding a City measure and directing the City
Attorney to prepare an impartial analysis.
Motion passed 4 1 by a roll-call vote. (Beraud opposed) (Item
B-1.2.b.i. Resolution No. 2008-051, Item B-1.2.b.ii. Resolution
No. 2008-052)
F ADJOURNMENT
MOTION By Mayor Pro Tem Beraud and seconded by Council Member
Luna to adjourn.
Motion passed 3.2 by a roll-call vote (Clay and O'Malley
opposed)
Council Member Clay expressed disappointment that the item regarding the Mayor
election, was not addressed at tonight's meeting
Mayor Brender adjourned the meeting at 11 55 p m to the next regularly scheduled
meeting of the City Council on July 8, 2008
MINUTES PREPARED BY
Victoria Randall, Deputy City Clerk
CC Minutes 06/24/08
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